Service Agreement
Performance
The services listed in the Form (“Services”) will be performed by Birmingham Mosquito Control, LLC (“BMC”) unless you are notified otherwise. If you do not see any service you wish performed listed or have a question about the date(s), call your BMC office. BMC reserves the right to change the products used, in whole or part, when weather, species of pest, property attributes, or product label direction dictates a change needed to stay within the rules and regulations of the state, EPA, or other parties governing a licensed pest control business. By accepting and entering into this Service Agreement, Customer acknowledges and agrees that the service staff of the BMC may record their visit and the Services performed at Customer’s property.
Price
Services will initially be provided at the price(s) stated in the Form. Thereafter, BMC reserves the right to revise the price(s) for Services upon written notice to Customer.
Payment
At the time of acceptance of this Form, Customer shall submit to BMC credit card information for processing of payment for the Services price per the payment terms of this Service Agreement. Customer consents to BMC storing Customer’s credit card information and charging such credit card for the fees owed under this Service Agreement. Customer understands that its payment details may be stored for future payment and authorizes regularly scheduled charges to its credit card consistent with the Form Customer approved for this season and any season going forward until Customer chooses to terminate the Service. Customer agrees that BMC may attempt to run Customer’s Credit Card daily if the credit card on file is not processing. Customer agrees that no prior notification will be provided prior to the charge unless there is a material change in the nature or cost of Services to be billed, and this authorization will remain in effect until Customer cancels it by terminating the Services of BMC. Customer understands that this Service Agreement governs this sale and the provision of Services. Should Customer’s credit card information fail, and Customer fails to provide an updated form of payment within ten (10) business days of notice from BMC that the payment method on file failed, BMC may terminate this Service Agreement and send for third party collections.
Modifications
Modifications to the Services or this Service Agreement will be made only when a written addendum describing such modifications has been signed both by Customer and BMC. There may be additional charges for any changes.
Service
This Service Agreement shall continue and remain in effect, with the same Services to be provided each year pursuant to its terms and conditions, unless and until it is canceled. If Services are for a one-time spray, no future services will be rendered unless requested by Customer.
Cancellation
Customer may cancel this Service Agreement by giving a 30-Day Cancellation Notice at any time for any reason, without penalty, unless the Customer received their first treatment with a promotional discounted rate. If a promotional discounted rate is provided for first treatment, Customer may cancel by giving a 30-Day Cancellation Notice after the second treatment. Customer must provide a notice of cancellation by calling the local BMC office. Any payment owed by Customer for services rendered prior to cancellation shall be due and payable at the time of cancellation.
Licenses And Insurance
The service staff of BMC are trained to perform pest control in the state(s) they serve. BMC maintains applicable local, state of federal licenses required to perform the Services as well as no less than one million dollars ($1,000,000.00) in Comprehensive General Liability insurance with an insurance company licensed to do business in the state they serve.
Disclaimer and Indemnity
In consideration of the Services performed under this Service Agreement, the undersigned agrees to indemnify and forever hold BMC and its agents harmless for any damages or claims resulting from or arising out of the delivery of such Services.
Service Delays And Force Majeure.
BMC is not responsible or liable for delays in the commencement or completion of the Services that are a result of conditions beyond BMC’s control (including, for example, but not limited to weather, strikes, or a supplier’s inability to provide materials.) If Customer fails to make a scheduled payment, BMC may postpone its performance of the Services under this Service Agreement and schedule continuation at its discretion only after receipt of all amounts due and payable. Delays caused by such events do not constitute abandonment.
Enforceability
If any provision, sentence, phrase or word in this Service Agreement or the application of it to any person or circumstance are deemed unenforceable by a court, the remaining provisions remain in force.
Warranties
Customer’s 100% satisfaction is guaranteed. If you are not completely satisfied with your mosquito control treatment services, contact your BMC office within 21 days of the traditional treatment for an additional service request at no additional charge. This guarantee is for continuous service customers only and excludes single treatments and event treatments.
Disputes
This Service Agreement is made and shall be construed under the laws of Alabama. Except as set forth below, if any controversy or claim arises out of or relates to this BMC, or the breach thereof, and if said controversy or claim cannot be settled through direct discussions, the parties agree to settle the controversy or claim in by mediation administered by the American Arbitration Association under its Construction Industry Mediation Rules, before resorting to Arbitration Rules, and judgment up the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties may jointly agree to mediation and arbitration by the Better Business Bureau (if applicable) in lieu of the forgoing. Any efforts by BMC to collect amounts due or any part thereof are not subject to the mediation and arbitration provisions set forth above. Customer will pay all collection expenses, court costs, and reasonable attorney’s fees which may be incurred in such collection efforts. Customer HEREBY WAIVES ANY AND ALL RIGHTS Customer MAY HAVE TO A JURY IN ANY SUIT.
Liquidated Damages
Should Customer fail to fulfill its obligations under this Service Agreement in addition to any other remedy at law or in equity that BMC may have otherwise provided herein, BMC may retain as liquidated damages and not as a penalty, all consideration paid by Customer to BMC, including, but not limited to the payments referenced above.
No Waiver of Rights
BMC’s failure to exercise a right or remedy or BMC’s acceptance of a partial or delinquent payment, does not operate as a waiver of any of BMC’s rights, or Customer’s obligations, under this Service Agreement and does not constitute a waiver of BMC’s right to declare an immediate or a subsequent default of this Service Agreement.
Entire Agreement
This Service Agreement contains the entire understanding and agreement between the parties with respect to the Services and supersedes all prior or contemporaneous written and oral agreements and understandings with respect to the subject matter hereof. NO ORAL PROMISES OR AGREEMENTS ARE A PART OF THIS SERVICE AGREEMENT.
