--- title: terms --- [![Canva Design DAF4Na_xO9s](https://hs.thomaspestservices.com/hs-fs/hubfs/Canva%20images/Canva%20Design%20DAF4Na_xO9s.png?width=600&height=200&name=Canva%20Design%20DAF4Na_xO9s.png "Canva Design DAF4Na_xO9s")](http://www.thomaspest.com) Terms & Conditions INTRODUCTION Thank you for choosing Thomas Pest Services, Inc. in connection with your pest-services needs. As a courtesy to its customers, Thomas Pest Services, Inc. (the “Company”) has provided the following terms and conditions to you (the “Customer”), the entirety of which is hereby incorporated into any service contracts, invoices and terms and conditions of the Customer-Company relationship. The Company reserves the right to amend these terms and conditions at any time without notice. The current terms and conditions are available on the Company’s website. PRODUCT DISCLOSURE All the products that will be used at the property are reasonably designed to minimize any impacts on persons or pets.  As a precaution, due to different levels of sensitivities and allergies to people and pets, the Company may request that all occupants and pets be out of the property during the initial service and, if appropriate, any follow-up services.  Upon completion of the service, the technician will notify the customer that the service has been completed and advise of any additional recommended steps to be taken to minimize any potential impacts. It is the Customer's sole responsibility to consult their physician before treatments, regarding respiratory problems and/or allergies and/or sensitivities. A copy of all product labels and Safety Data Sheets (SDS) that may be used in your home are available for review on our website: https://www.thomaspestservices.com/labels-and-sds COMMUNICATION AND PRIVACY DISCLOSURE Thomas Pest Services may contact the Customer by phone, email, and text message regarding scheduled services, appointments, account matters, invoices, service updates, and other transactional or relationship-related communications. Marketing or promotional text messages are sent only to customers who provide prior express consent through an approved opt-in method. Consent to receive promotional SMS messages is not a condition of purchasing goods or services. Customers may opt out of promotional text messages at any time by replying STOP. For assistance, reply HELP or contact Thomas Pest Services at info@thomaspest.com or 1-877-518-2847. Customers may manage email preferences using the unsubscribe link included in marketing emails.   THOMAS PEST SERVICES SMS PROGRAM  By opting in, you agree to receive recurring automated promotional and personalized marketing text messages from Thomas Pest Services, Inc. at the mobile number provided. Message frequency varies; you may receive up to 4 messages per month. Message and data rates may apply. Reply STOP to cancel at any time. Reply HELP for help, or contact us at info@thomaspest.com / 1-877-518-2847. Carriers are not liable for delayed or undelivered messages. Consent to receive SMS messages is not a condition of purchase. You may continue to receive non-marketing service, appointment, billing, and account-related communications as permitted by law. Mobile phone numbers and SMS opt-in consent will not be sold, rented, shared, or disclosed to third parties or affiliates for their marketing or promotional purposes. We may use vendors that assist us in operating our messaging program, subject to appropriate confidentiality and security obligations. See our [Privacy Policy](https://thomaspestservices.com/privacy-policy?hsLang=en) for information about how we collect, use, and protect personal information.   TERM AND SERVICES This Agreement shall be effective beginning on the date of initial service, and lasting until regularly scheduled service is canceled by either party. If this Agreement is for a single, one-time service, then no particular term is applicable, and this Agreement shall govern that single service only. Cancellation shall be by advance written notice from one party to the other. The Customer agrees to pay a $50.00 cancellation charge if the Customer cancels service after a Technician has arrived at the job site for a scheduled service. Cancellation does not relieve the Customer of the responsibility to pay for all services performed prior to cancellation. SERVICE PROGRAMS are for a term of ONE YEAR after the initial service: and shall continue thereafter until suspended by either party giving thirty (30) days' written notice to the other. The Company reserves the right to withdraw this proposal if not authorized within thirty (30) days. The Customer shall be given notice of the service schedule in advance and shall assume this appointment to be permanent unless otherwise notified. The Customer agrees to make the property available for service and to accept such service each month. In the event, the property is unavailable through no fault of the Company, the regular service cost will be charged to the Customer and owed to the Company. The Company reserves the right to revise the fee any time after the first year of service upon notice to the Customer All Service Programs are transferable to subsequent owners only with the express written consent of the Company and may require a transfer processing fee. The Customer agrees that any or all work may be subcontracted at any time during the life of this contract. The Customer may cancel this transaction at any time before midnight of the third business day after the date of this transaction. The Customer agrees to return all contracts and materials to the Company upon termination. If the Customer cancels the contract during the service period, the Customer agrees to forfeit any payments made to the Company and shall not be entitled to a refund. EXPRESS WARRANTY If the Customer is not satisfied with the results of any service, the Company will, during the Warranty Period, return to treat the area again at no extra charge. The Warranty Period is for a period of one year following initial service. Should the problem persist, the Company will continue to work to solve the problem to the Customer’s reasonable satisfaction or, in the event that reasonable satisfaction cannot be met by either party, the Company may, in its sole discretion, reverse the Customer’s last periodic service fee. Cancellation or termination of the regularly scheduled service shall cancel any and all Warranties. Warranty, if any, is granted subject to timely payment in full for the services provided, and the Company’s liability under any warranty under this Agreement is limited to re-treatment and/or a refund of the last periodic pest control payment only. Company’s liability shall not exceed the total Contract amount. The parties hereto expressly disclaim any liability for special, incidental, punitive, or consequential damages. The warranties stated in this Agreement are given in lieu of any other warranty, expressed or implied, including any warranty of merchantability or fitness for a particular purpose. This service is not a guarantee or warranty as to the absence of wood-destroying insects or pests such as termites or wood-infesting beetles. FOR EXCLUSION SERVICE ONLY: The Company is not responsible if exclusion work is altered due to vermin activity (squirrels, birds, etc.), inclement weather damage, and/or construction work. The Company does not determine the structural integrity of a structure. This service does not include mold, mildew, fungi, or non-wood-destroying organisms. Customer acknowledges that payment for exclusion and/or wildlife services will be processed 1–2 business days prior to the scheduled service date. If payment has not been processed by 12:00 p.m. on the business day before the scheduled service, the service will be removed from the schedule. Failure on the part of the Customer to comply with all the terms and conditions as provided for herein,shall release the Company from further servicing and obligations and any warranties shall be rendered void and of no further force or effect LIMITATIONS OF LIABILITY The effectiveness of pest control treatments are limited by site, structural, and environmental conditions which are beyond the control of the Company. Such conditions include, but are not limited to, inaccessible structural cavities, leaking roofs, faulty grade levels, inadequate clearance, earth to wood contact, structure- vegetation contact, cellulose debris, insufficient ventilation, faulty gutters or down-spouts, and other conditions conducive to re-infestation or recurring infestation. Unless the Company has specifically included the repair or correction of such condition(s) on the face of the Contract, the Customer accepts sole responsibility for such repair, correction, or mitigation, and holds the Company harmless from any liability for same, including any responsibility for re-treatment. The Company is not responsible for insect or rodent damage to products or contents at the premises. The Contract does not provide for control of pests not specified. If, in Company’s reasonable discretion, a service requested is unsafe for the Technician and/or the Customer, or is impractical or unnecessary, the Company reserves the right to refuse requested service without incurring any liability. The services performed by the Company include removal and, if applicable, exclusion of pests only. IT IS EXPRESSLY UNDERSTOOD THAT THE COMPANY IS NOT RESPONSIBLE FOR THE CORRECTION OF ANY DAMAGE TO THE PROPERTY HERETOFORE OR HEREAFTER CAUSED BY INSECTS, VERMIN OR RODENTS WHETHER OF THE SAME OR DIFFERENT CHARACTER FROM INSECTS, VERMIN OR RODENTS PREVIOUSLY FOUND AND/OR TREATED FOR IN THE PREMISES and that no warranty or representation to the contrary shall be of any force and effect. The Company shall not be responsible for any latent defects or other matters at the property that are not readily apparent upon visual inspection including, but not limited to, any Hazardous Substances, asbestos or dangerous conditions (hereinafter “Defects”). In the event that Defects are discovered, the Company shall be entitled to immediately stop work until such matters are remedied at the sole cost and expense of the Customer. In the event the Customer is unable to correct said Defects within a reasonable amount of time, not to exceed a period of thirty (30) days, then Company shall have the right to terminate the Contract. All services performed up to the date of termination by the Company shall be paid by the Customer. The term “Hazardous Substances” means, without limitation, any flammables, explosives, radon, radioactive materials, asbestos, ureaformaldehyde foam insulation, polychlorinated-biphenyls, petroleum and petroleum-based products or by-products, methane, hazardous materials, medical waste, hazardous wastes, hazardous or toxic substances or related materials, as defined in New York or Federal environmental or public health laws and in the regulations promulgated thereunder. The Customer, for him/herself, and his/her occupants, family members, employees, agents, heirs and successors (hereinafter “Indemnitors”) agrees to indemnify and hold the Company and the Company’s shareholders, employees and agents (hereinafter “Indemnitees”) harmless from any and all injuries, penalties, liabilities, suits, claims and damages arising out of or related to the presence of Defects at the property provided same are not caused by the Indemnitee’s gross negligence or willful conduct. FORCE MAJEURE It is expressly agreed between the Company and the Customer that the Service Program as mentioned in the Contract, shall also be and hereby is expressly limited by any local, state and/or federal laws, rules, and/or regulations. The Service Program shall also be limited in that it is the Customer’s sole and exclusive obligation to make any structural changes or modifications to the property as deemed necessary and practical by the Company. Customer shall bear the costs for same so that the contract can be carried out by The Company. The Company shall incur no liability should it be prevented from fulfilling its responsibilities by reasons of an act of God, fire, flood, storms, explosions, acts of war, whether declared or undeclared, seizure, riots, civil commotion, strikes, or other labor disputes, shortages of fuel and/or materials, quarantine restrictions, pandemics, or any other circumstances or causes beyond the control of the Company. Should structural changes or additions be made to the job-site which would add to or delete from the area treated at each service, the periodic service charge will be reviewed and adjusted accordingly by the Company. ACCESS TO THE PROPERTY AND CUSTOMER COOPERATION It shall be the Customer’s obligation to provide the Company and its employees with access to the property. It is the Customer's sole and exclusive obligation to make all modifications at the property to allow proper control measures to be performed; such as but not limited to access to inaccessible areas, sanitation, cluttered areas, moisture problems, wood rot, and or surrounding environmental conditions. If conditions are not remedied then this shall constitute a material breach of this contract. In the event that the Company reserves to service the Customer’s account notwithstanding the foregoing, any and all warranties are hereby expressly disclaimed. If anyone other than the Company is permitted to access the property to perform pest control services, then this shall constitute a material breach of this contract, and the Company may, in addition to all other remedies it may have, in its sole discretion, terminate the services forthwith without further notice enter upon and/or remove all materials from the premises. The customer does hereby grant the Company permission for this purpose. BEDBUGS All Whole House Thermal Remediation Services require an initial deposit at the time of scheduling of $250.00.  The remaining balance is due at the time of service, before the start of service.  This deposit is non-refundable if service is canceled less than 48 hours from the scheduled appointment.  The customer shall be given advanced notice of the service date and agrees to make the premises available for service. If premises are not properly prepared for service the client will be billed $25.00 for every 15 minutes it takes 1 person to finish prepping the structure for proper treatment. If the premises are unavailable, or unprepared, or service is denied, the customer agrees to pay a service charge of $250.00 for a return visit to provide treatment to the structure. The customers and/or agents will make the Company aware of any sprinkler systems and/or heat and smoke alarm systems in the service area. The Company will not be responsible for any accidental discharge or damage caused to or for property damage or personal injury including, but not limited to, sprinkler systems, security, fire, smoke, and/or heat alarm systems (Systems) within the customer's property. The customer assumes complete responsibility for any damage or injuries and agrees that it will undertake all preemptive and precautionary measures that the customer deems necessary or appropriate to protect the Systems and/or prevent the systems from discharging water and/or otherwise activating during the Treatment. EASTERN SUBTERRANEAN TERMITES: 1. If Eastern Subterranean Termites reappear in this structure, The Company will return and render the necessary re‐treatment as per the contract. There will be no further charge for its labor or materials. 2. In addition, The Company will provide a re‐inspection of the structure annually furnishing: 3. A careful visual inspection of the accessible timbers, masonry surfaces, and adjoining soil areas for termite activity. 4. A check against the original worksheet and sketch for any additions or structural changes. (If any have been made, the necessary treatment should be arranged by a separate agreement.) 5. A report to you of our findings. FOR POWDER POST BEETLES: 1. If Powder Post Beetles reappear in the treated areas; The Company will return and render the necessary re‐treatment. There will be no further charge for its labor or materials. 2. In addition, The Company will provide a re‐inspection of the structure annually furnishing: 3. A careful visual inspection of timbers in treated areas for Powder Post Beetle activity. 4. A report to you of our findings. Inspections will be performed at The Company's discretion each year. The customer will be notified before each visit. One visit to the property will be rendered and the inspection will be considered complete. 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