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Service Terms and Conditions

1. GENERAL SERVICES. COMPANY will service the structure for the target pests and other common pests, as defined in this agreement, at the frequency of service listed above. COMPANY will inspect the structure, develop an integrated pest management plan, hereinafter IPM, and then implement the plan to control the target pests and common pests.

2. SPECIALTY SERVICES. The parties agree that specialty pests, as defined in this agreement, may occasionally invade the structure. CUSTOMER agrees that if a specialty pest does invade the structure, COMPANY may have to inspect, develop a new IPM plan, and modify the frequency of service which in turn may increase the service fees. COMPANY will obtain written authorization from CUSTOMER to treat any specialty pests if the treatment costs are to be increased. The parties agree that COMPANY may choose not to treat the specialty pests if CUSTOMER does not authorize an increase in service fees or if the COMPANY technicians are not trained to control the specialty pests. If COMPANY opts to not treat the specialty pest, it will not be considered a breach of contract.

3. ELECTRONIC COMMUNICATION ACKNOWLEDGEMENT STATEMENT. In accordance with state regulations, pest control companies have a responsibility to you with a record every time a pesticide product and/or pest system is applied. This record is required to be provided to the property owner, resident or custodian of property. This record may include post-application precautionary information. Licensed and regulated by the Georgia Department of Agriculture, 19 Martin Luther King, Jr. Drive, Atlanta, Georgia 30334, (404) 656-3641. CUSTOMER understands and requests that any and all pesticide records be provided or made available to me electronically.  AGREED to by CUSTOMER or Authorized Agent SCOUT PEST CONTROL, LLC Authorized Agent

4. LENGTH OF AGREEMENT. Excepting one-time treatments and Bedbug agreements, the initial term of this AGREEMENT is one calendar year (365 days) starting on the effective date listed above. The parties agree that this agreement will renew itself annually unless either party cancels this agreement by giving thirty (30) days written notice, by certified mail, before any upcoming expiration date.  One-Time Control Agreement is defined as one (1) time treatment by COMPANY at the request of the CUSTOMER.  CUSTOMER understands that usually control of a given takes more time than one treatment.  A One-Time Control Agreement shall be treated as a month to month agreement between the parties after the first one-time treatment by COMPANY.  A Bedbug Control Agreement is defined as an agreement entered into between the parties for COMPANY to control Bedbugs, the target pest, in a structure stated on the service ticket.  A Bedbug agreement, the initial term is for one hundred twenty (120) days from the date the structure was first inspected and/or treated by COMPANY. A Bedbug Control Agreement shall be treated as a month to month agreement between the parties after the initial term.

5. COMMON PESTS: Common pests are spiders, ants, roaches, fleas, wasps, mice and rats.

6. SPECIALTY PESTS: Specialty pests are not common pests as defined in this agreement. Specialty pests are, including but limited to, honeybees, mosquitoes, ladybugs, stinkbugs, centipedes, millipedes, kudzu bugs, crickets, flies, silverfish and any other pests that may occasionally invade the structure.

7. TARGET PESTS: Target pests are those pests that are specifically listed in the box marked “Target Pest” above.

8. DISPOSAL OF DEAD PESTS. Pests (especially rodents) can perish within structural voids. COMPANY is not responsible for the disposal of deceased pest carcasses.

9. STRUCTURAL CHANGES / IPM. CUSTOMER authorizes COMPANY to make any structural changes necessary to effectuate control of pests. COMPANY regularly drills voids, caulks cracks, installs screening, plugs potential pest entry points, removes potential food and water sources, installs pest traps and systems, and other changes and actions that are common in the pest control industry. Structural changes can alter the appearance of the structure.

10. COOPERATION. The parties agree to cooperate with each other in order to achieve a high level of control of the target pest.

11. CHEMICAL SENSITIVITY. The parties agree that some people and animals are sensitive to certain chemicals. CUSTOMER understands and agrees that COMPANY is in the pest control business and will apply pesticide chemicals within, on, under and adjacent to the structure. CUSTOMER agrees to immediately notify COMPANY in writing if a chemical sensitivity issue arises for an occupant or animal that has or will occupy the structure while this agreement is in effect. Failure to provide such notification represents an assumption of risk by CUSTOMER and waiver of any legal action or claim against COMPANY [SEE INDEMNIFY AND HOLD HARMLESS clause below in this agreement].

12. TREATMENT. Selection of treatment and retreatment will be in accordance with labeling directions of chemical manufacturers and baiting system manufacturers, federal, state and local laws, rules and regulations.

13. WOOD DESTROYING ORGANISMS, FUNGI, MOLDS, MILDEW, REPTILES AND WILDLIFE EXCLUSIONS. This is a HPC commercial agreement. This agreement does not cover the control of or damages caused by any wood destroying organisms, including but not limited to termites, powder post beetles, old house borers, fungi (including Poria incrassate, all molds (including Stachybotrys atra), mildews, reptiles and mammals, excepting commensal mice and rats.

14. PEST DAMAGE. CUSTOMER understands that ALL pests are capable and do cause damage to structural (real property) and personal property. Examples of pest damage include but are not limited to the chewing of wiring by squirrels, rodents and other wildlife, urinating and defecating on personal effects and within structure and creating foul smells within and around the structure. COMPANY shall not be held responsible (liable) for any structural damages or odors created or caused by any type of pest. CUSTOMER agrees that this is a pest control agreement and not a guarantee and/or a warranty of any kind.

15. BUSINESS LOSS. CUSTOMER understands that COMPANY is in the pest CONTROL business and not in the pest elimination business. COMPANY takes pride in implemented comprehensive Integrated Pest Management Practices to minimize pest populations. CUSTOMER understands that OCCUPIERS of the premises may still come into contact with a pest. CUSTOMER agrees to notify COMPANY is any pest issue arises within or around the structure. If a pest sighting occurs, CUSTOMER agrees to notify COMPANY immediately. CUSTOMER agrees that COMPANY shall not be liable for any loss of business or any damage to CUSTOMER’s reputation. CUSTOMER understands that this is a pest control agreement and not a guarantee and/or warranty of any kind.

16. INSURANCE. The Georgia Structural Pest Control Act requires all pest control companies to maintain insurance coverage. Information about the coverage is available upon request from the pest control company.

17. FAIR BUSINESS PRACTICES ACT OF 1975. A Household Pest Control contract shall be issued on all household pest control jobs in accordance with requirements of the Fair Business Practices Act of 1975, and the rules of the Federal Trade Commission, 16 C.F.R. 429, including disclosure by the licensee of the three (3) day right of cancellation. The terms of any contract extension beyond the original terms shall be indicated on the contract.

18. NON-PAYMENT. CUSTOMER agrees to pay CUSTOMER’S invoices in full upon receipt. CUSTOMER reserves the right to terminate this agreement if payment is not received within thirty (30) days of the date of invoice. In the event legal action is necessary to collect any amount due, COMPANY shall be entitled to recover from CUSTOMER all reasonable costs of collection, including reasonable attorney’s fees and expenses, in addition to any outstanding amounts due company. In addition, interest at the rate of 1.5% per month, being 18% annually will be assessed on any past due amounts owed by CUSTOMER until paid. This agreement and any extension of its term will be effective only upon payment of fees and charges provided herein.

19. ARBITRATION. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial [or other] Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

20. TRANSFER AND ASSIGNMENT. The parties may not transfer or assign this agreement or any right or obligation without the written consent of the other party, except that COMPANY may assign the agreement to its successor or any entity acquiring all or substantially all of the assets of the company.

21. EXCLUSIVE SERVICE. CUSTOMER understands that COMPANY, or agents, will be the only household pest control service provider for the structure.

22. SEVER.  If one or more provisions of this agreement are held to be unenforceable under applicable law, such provisions shall be excluded from this agreement and the balance of the agreement shall be interpreted as if such provisions were so excluded and shall be enforceable in accordance with its terms.

23. ENTIRE AGREEMENT. This signed agreement constitutes the entire agreement between the parties and no other representations or statements will be binding upon the parties. This agreement may be amended or modified in whole or in part at any time only by an agreement in writing among the parties. Amendments or modifications agreed to by parties and made by electronic communications will be binding.

24. CHOICE OF LAW. This agreement shall be governed by and interpreted in accordance with the laws of the state where the structure is physically located. The United States Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to the arbitration clause in this agreement.

25. WARRANTIES. Except for any warranties specifically specified herein, there are no other warranties, expressed or implied, of merchantability or fitness for any purpose.

26. INDEMINIFY AND HOLD HARMLESS. CUSTOMER shall indemnify, defend, and hold harmless CUSTOMER, its officers, employees, and agents from and against any and all liabilities, claims, losses, costs or expenses to the person or property of another, lawsuits, judgments, and expenses, including attorney fees, arising either directly or indirectly from any act or failure to act by CUSTOMER, its officer, employees, and agents, which may occur during or which may arise out of the performance of this agreement.

27. 120 DAY BED BUG RETREAT WARRANTY.  CUSTOMER understands that bedbugs are a challenge to control.  COMPANY does honor a retreat warranty of its work for a period of one hundred twenty (120) days from the date the structure was first inspected and/or treated by COMPANY.  COMPANY does not warrant treatment of the entire structure.  COMPANY shall only retreat a room(s) that were previously treated at the time of the initial treatment.  A live Bedbug must found within the room(s) prior to exercising the retreat warranty.

28.  VOID OF BED BUG WARRANTY.  CUSTOMER understands that the above-stated 120 DAY BED BUG RETREAT WARRANTY is null and VOID for non-payment.  The warranty shall be null and void for untimely payments as well.  

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