Pest Control Agreements – An Introduction
A pest control service agreement is an essential tool used by pest control companies to outline the terms of service provided to their clients. This legally binding contract typically includes important information such as the scope of services to be performed, fees and payment terms, warranty and guarantee periods, termination terms, and disclosures relating to risk factors and health concerns, among other provisions. Having a pest control service agreement in place is vital for both the pest control company and the client. For the pest control company, the agreement serves to clearly define the tasks to be performed, preclude misunderstandings about services to be provided , and limit exposure to liability by disclosing important health and safety information. For the client, the pest control service agreement identifies the to-do list in the contract and, in some cases, may bear significant legal weight when determining the scope of the contractual arrangement. In addition, the prospective client should always review the pest control company’s website for additional information regarding its pest control service agreement. Federal and state regulations may require, in specific circumstances, a pest control company to make certain disclosures and advisories, many of which are prescribed and made available through the pest control company’s website.
The Major Elements of a Pest Control Agreement
A standard pest control service agreement usually includes the following components: Services Provided. This section outlines the specific services to be performed by the pest control company. These may include specific pest treatments (e.g., termites, bed-bugs, etc.), as well as other related services such as fumigation, trapping, or exclusion work.
Contracts for periodic inspections may also be common where the agreement is intended to cover inspections for time period but does not include treatment of the subject property unless specific treatment is necessary.
Terms and Conditions. This section details the contractual obligations and stipulations that both parties must follow. This may include: (a) the number and frequency of treatments scheduled; (b) the time period that the contract covers (whether on a "per treatment" basis or for a fixed period of time such as quarterly, annually, etc.); and (c) whether there are any preconditions to the work such as removal of pets or personal items by the customer.
Pricing Structure. These provisions specify the agreement price and method of payment. For instance, if the agreement is covered through the term of the contract by a one-time payment, or whether the contract is paid on a monthly installment basis. It will describe any fees that may apply and any rebates, discounts, or coupons that might apply. It will also explain if the agreement amount can be changed during the term of the contract and when. If the contract is for regular periodic treatments, whether a customer can cancel the agreement after the first treatment.
Tailoring Your Pest Control Agreement
In addition to the basic features of general pest control, some customers elect to customize their service agreement by selecting specific options that best suit their unique circumstances. These options include termite control, rodent traps and insect barriers.
Termite Control: Generally speaking, commercial agreements sometimes include different levels of termite service – from full service, which includes installing warrantable bait stations, trapping, monitoring and annual inspection, to a more limited service which generally consists of monitoring the homes perimeter for any signs of termites, conducting a thorough annual inspection and reporting any signs of termites to the customer. These options are typically offered in multi-year plans (my preference is 2 or 3 year terms with annual billing) where the customer is bound to pay the total amount over the term. Residential agreements also can have similar options, but they come with a greater degree of flexibility (one time, annual, etc).
Rodent Traps: As with termites, commercial agreements sometimes include different levels of rodent service – from full service, which includes agreed upon installations of warrantable bait stations, trapping, monitoring and annual inspection, to a more limited service which generally consists of monitoring the homes perimeter for any signs of rodents, conducting a thorough annual inspection and reporting any signs of rodents to the customer. These options are typically offered in multi-year plans (my preference is 2 or 3 year terms with annual billing) where the customer is bound to pay the total amount over the term. Residential agreements offer similar options to customers; however, they come with a greater degree of flexibility. One time, annual, etc.
Insect Barriers: This differs for commercial and residential settings. For commercial accounts, the installer must be certified by the product manufacturer. It is worth noting that some companies go the extra mile for their commercial customers by using different products for inside and outside. This makes it easier for all stakeholders to spot potential problems. By doing this, not only do you save on product costs with granular material for outside placement, you also provide the customer with the peace of mind that you are doing everything you can to ensure a pest free environment. For residential accounts, having the insect barrier in place is usually enough, although some companies also include spraying within the home as an add-on option. In all cases, customers need to be made aware of the limitations of the insect barriers, and how often the barriers should be ‘recharged.’
Legal Aspects of Pest Control Agreements
When entering into a pest control service agreement, it is important to consider the legal language contained in the contract. Specific areas that should be addressed are liability, cancellation policies, and dispute resolution.
Liability
Most pest control companies will not be liable for any damage to the home, plants, or personal property caused by the services. If you are not satisfied with the work performed, you must notify the pest control technician performing the service at the time of the service. If you do not call the pest control company immediately after the service is performed, you waive your right to make the company liable for any alleged issues.
Cancellation
Many pest control service agreements contain clauses setting out the cancellation policy for voluntary and involuntary termination. Voluntary termination occurs when you choose to cancel the contract. Involuntary termination occurs when the scheduling of a mandatory service is prevented by forces beyond the pest control company or customer’s control. Under the terms of the service agreement, if you are not able to comply with the mandated service schedule for reasons outside your control, you will not be responsible to pay for the services.
Dispute Resolution
Often, the service agreement will require you to mediate disputes with the pest control company before filing a lawsuit. This procedure may include informal discussions and more formal mediation sessions in an attempt to settle any disputes without going to court. However, the use of binding arbitration may be considered a waiver of your right to trial by jury under state law. Almost all service agreements contain a severability clause, stating that if any provision of the service agreement is found to be null and void, all of the other provisions are still in full force and effect.
Hiring a Professional Pest Control Company
When choosing a pest control company to hire to rid your home of unwanted insects and critters, it is important to look at a few different variables to ensure that you are hiring a professional pest control provider. Consider the following tips when interviewing potential pest control services:
One of the most important factors in determining whether a pest control company will be able to meet your needs is their certifications. The biggest thing to look for to tell whether the pest control service is a professional one is whether or not they have their pest control licensing. This licensing can be found in the form of a card that a professional pest control agent is required by the state to carry at all times. Additionally, it is a good idea to verify that the pest control service has insurance. You may be able to find this information online on the state’s licensing website.
In addition to certifications, do not underestimate the value of reading customer reviews of the company online. Many customers tend to post reviews of the pest control companies they have used online , which can give you a good insight into how they operate and how effective they are. While all companies are bound to follow state regulations concerning pest control and this should give you general peace of mind, it is still a good idea to read customer reviews to ensure that you are getting the services that you require. This may be particularly important to residential customers, who want to ensure that their homes are pest-free for their families.
Another thing you should be aware of when hiring a pest control provider is whether or not they offer a service guarantee. Usually, pest control companies will come back out to your home to re-treat the area free of charge if the target pests are still living after treatment has been applied. A reputable pest control service will honor their elimination guarantees immediately and without hassle.
When you are hiring a service to come in and provide pest control to your home, it is important to remain diligent. Hiring a professional pest control provider can ensure that your pest problems are dealt with in an efficient and effective manner.
Common Pitfalls to Avoid
There are pitfalls when entering into pest control service agreements. Take for example section 12 B(4)(a) of the agreement. The consumer agrees to hold the pest control company harmless for damage arising from the implementation of the service agreement. Seems harmless? Section 26 prohibits the pest control company from make statements to induce consumers/consumers to sign service agreements. So what does the pest control company do? It says "This agreement is governed by South Carolina law. Any oral representation or statements made by our technician to you at the time of service are not binding on us." In the case of Simmons v. May-Pac, Inc., 84 S.W.3d 918 (Tenn. Ct. App. 2002), the pest control company was held liable for failing to notify the Simmons that its technicians had given a false answer to the Simmons before they entered into the service agreement. Why did the technician lie in order to induce the consumer to sign the service agreement? He wanted to save his company money. These agreements are contracts of adhesion, so read the fine print carefully and realize there’s a chance you won’t have access to the courts even when the pest control company may have made false statements. You’ll have to go to arbitration. Section 3(A) states that the pest control company has a right to enter the structure at this convenience. Maybe that’s why no one ever answers the question "What is a flash treatment?" Nobody is going to take the time to tell you why, how and what.
Pest Control Service Agreements FAQ
Whatever terms a pest control agreement is called, homeowners frequently ask:
Are these agreements standard in the industry or tailored to individual companies?
Because all pest control companies require customers to sign an agreement, there is no "standard" agreement; in fact, each company’s contract is likely to be somewhat different. If the basic protection sought is adequate, a customer is not going to be concerned with minor variations in the protection offered. Most detail-oriented business owners expect to receive an itemized list of services to be provided and the corresponding costs.
Can the customer cancel at any time , regardless of frequency and scheduled dates?
Some companies insist on the minimum length of contract extension (six months or one year) but many will allow modifications to a customer’s schedule. The industry is very reliant upon automatic renewal and so at least thirty days’ notice is a common requirement.
If the treatment has not worked by the time of the initial renewal period, is the agreed protection still in effect until corrective procedures have succeeded?
Most agreements guarantee protection from the targeted pest, and may attempt to avoid arguably illusory protections. Some agreements specifically exclude reimbursement claims for any services not scheduled, which can present problems later. A few companies offer warranties that are triggered only should target pests reappear more than once.