TERMS AND CONDITIONS

1. Service Agreement

Superior Pest 1, LLC agrees with the company/person named in the Service Agreement to provide services for the structure/property address listed for the term outlined in the agreement.  It will be completed in accordance with the specifications, general conditions and limitations as outlined in these terms, conditions & limitations.

2. Coverage

This agreement covers only the pest(s) listed on the agreement.  Both parties agree that there are many pest species not covered by regularly scheduled visits, i.e. Bed bugs, German Roaches, Brown Recluse Spiders, Termites, wood-destroying insects, pharaoh ants, flying/stinging pests, stored product pests, tree or  lawnscape related pests, etc.   General Pest is broadly defined as ants, spiders (other than Brown Recluse), roaches (other than German Roaches), centipedes, millipedes, and other crawling insects.  General Pests not listed can be treated for an additional charge.  The amount of the additional charge will be determined by an inspection and additional work authorization agreed upon by both parties. 

If Wildlife Services are included in the agreement, only traditional nuisance wildlife are covered unless specifically noted in the agreement. Traditional nuisance wildlife include squirrels, raccoons, groundhogs, skunks, and opossums.  Other nuisance animals can be excluded or removed for an additional charge. Superior Pest 1, LLC will provide an additional work authorization agreed upon by both parties prior to commencing any work.

3. LIMITATIONS OF LIABILITY
   Superior Pest 1, LLC d/b/a Holper’s Pest & Animal Solutions liability under this agreement is limited to the treatment for the targeted pest. Superior Pest 1, LLC is not responsible for and does not guarantee against present or future damage to the structure or its contents or provide for the repair or replacement thereof. The agreement is only for the specific pests indicated herein and does not guarantee that the covered pest will not return to the property.
4. PERFORMANCE OF WORK

Superior Pest 1, LLC will exercise care while performing any work hereunder to avoid damaging any part of the structure(s), plants, or animals. Under no circumstances or conditions shall Superior Pest 1, LLC be responsible for damage caused by Superior Pest 1, LLC at the time the work is performed except those damages resulting from gross and intentional negligence on the part of Superior Pest 1, LLC.  This agreement covers the structures outlined in the agreement.

If the agreement includes multiple structures and/or encompasses a vast geographical area, Holper’s reserves the right to provide service in a manner that is efficient as long as it delivers and complies with the agreement.   

Unless specifically stated otherwise, Holper’s cannot guarantee any interior treatment will resolve a tenant’s general pest issue.  Therefore, if additional interior visits are required, the same service fee will apply.

If nuisance wildlife services are provided, the customer understands that while we do our best to avoid trapping any unintended animals (using specific baits and lures to attract the intended animal), sometimes this does happen. If an unintended animal is caught, we must remove it and set another trap. This will be considered an occurrence, and an additional service fee will apply.  

5. CUSTOMER’S RESPONSIBILITY

Your cooperation is important to ensure the most effective results from our services. Conditions conducive to breeding and harborage of pests must be removed to treat certain pest problems effectively.  Customer understands that all services listed or added by mutual agreement must be followed in order to achieve the desired results of both the customer and Superior Pest 1, LLC.  Superior Pest 1, LLC may provide specific preparation instructions and ongoing responsibilities that must be completed by the customer or tenant. If these instructions are not followed, we cannot guarantee the service provided and any/all guarantees shall be automatically revoked. Further, additional treatments in the areas that are not corrected will incur additional fees. 

Services will be scheduled at regular intervals to maximize the effectiveness of the treatment.  If customers’ needs or circumstances warrant a change in frequency, this may result in a higher or lower cost per visit.

Our technicians must also be able to access the property on the set day and time to insure the most effective results from Hoper’s Pest Solutions.   If access is denied on a scheduled treatment date, a customer is not available or responsive to repeated notifications, Superior Pest 1, LLC  will have no liability for not fulfilling the terms of this service agreement or any extension thereof.  

Customer understands that any products or special equipment (like traps) provided by Superior Pest 1, LLC during the service period at no cost or leased to the customer will be the customer’s responsibility.  If any of the products or equipment is damaged or missing, the customer will be responsible for the replacement cost of such items.  Superior Pest 1, LLC will replace them in a timely manner so the quality of service is not compromised.  If a customer elects not to replace the items, Superior Pest 1, LLC will have no responsibility for any service problems resulting from not replacing the items.  All equipment used in the servicing of the property remains the property of Superior Pest 1, LLC.  If service is terminated, all equipment & components utilized in the servicing of the property will be removed from the service location.

The customer understands and agrees to communicate that ground traps cannot be tampered with, relocated or moved by its employees, maintenance team, tenants or residents. Doing so will result in a charge for the service and the potential closure of the job.

6. CANCELLATION OF SCHEDULED SERVICE

Any optional interior service appointments provided to Superior Pest 1, LLC within the timeframe outlined in the agreement will be considered a “confirmed appointment”.  Any no-shows or cancellations after this time will be charged the agreed-upon service fee and must be rescheduled for the next available service date.

7. CHANGE IN LAW

This Agreement shall be interpreted, regulated, and adjudicated in accordance with applicable federal, state, and local laws and regulations as they exist at the time this Agreement is executed. Should any federal, state, and local law regulation change regarding Superior Pest 1, LLC services, Superior Pest 1, LLC, is authorized to take whatever steps are necessary to be in compliance with said laws.

8. PAYMENT TERMS

The Customer agrees to pay Superior Pest 1, LLC’s invoices upon receipt unless other arrangements have been made and agreed upon.  Superior Pest 1, LLC reserves the right to charge late fees of 2% for balances over 45 days and may terminate this Agreement if payment is not received within ninety (90) days of the date invoiced. If legal action is necessary to collect any amount due, Superior Pest 1, LLC shall be entitled to recover from the Customer all reasonable costs of collection, including reasonable attorney’s fees and expenses, in addition to late fees and interest on any outstanding amounts due Superior Pest 1, LLC.

Non-Payment/Default – The obligation of Holper’s Pest Solutions is conditioned upon payment in full of the Initial Charge and all regular service charges. Failure to pay such charges shall cancel this Agreement in its entirety and discharge Superior Pest 1, LLC of any liability. All accrued amounts paid shall be the property of Superior Pest 1, LLC.

If applicable, customer authorizes Superior Pest 1, LLC d/b/a Holper’s Pest & Animal Solutions to maintain and use the payment information provided to periodically make payments for the goods and services received from the Company.  Customer further authorize Superior Pest 1, LLC to use the payment method provided to initiate any other transactions which may be necessary from time to time in connection with such payments, for example to correct errors.

The start date of this authorization will be the date of this agreement, and the authorization will remain in place for the duration of the agreement or while services are provided unless this authorization is cancelled, or the agreement is terminated. To cancel this authorization, you many notify Holper’s by email at  customerservice@holperspest.com, by phone at 314-544-7378, or by the United States Postal Service (mail) to 9223 Gravois Road, St. Louis, MO 63123. Please retain a copy of this Payment Authorization for your records.

9. ENTIRE AGREEMENT & NOTICE OF CLAIMS

Any proposal or other agreement between the Customer and Superior Pest 1, LLC that contains a direct link to this Attachment(s) or refers to it as part of the Agreement and is signed by an authorized representative of Superior Pest 1, LLC and the Customer, constitutes the entire Agreement between the parties and no other representation or statements, whether oral or written, will be binding upon the parties. Any claim under the terms of the Agreement must be made immediately in writing to Superior Pest 1, LLC.

10. SEVERABILITY & TRANSFERABILITY

If any part of this Agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions shall remain in full force and effect.

11. RENEWAL & CANCELLATION

At the end of the service period, it is agreed that this service agreement will automatically renew for another like period.  Superior Pest 1, LLC reserves the right to increase the cost after EACH term.  If either party wishes not to renew the agreement at the end of the term, the other party must be notified of this in writing at least sixty (60) days before the end of that agreement period. 

12. BINDING ARBITRATION

In the event of a dispute between Superior Pest 1, LLC and/or its employees and Customer arising out of or relating to this Agreement, including but not limited to the interpretation of the terms and conditions of this Agreement, the making of the Agreement, or breach of any provision of this Agreement, the parties hereby expressly agree to submit their dispute to binding arbitration for resolution in accordance with the rules and requirements of the American Arbitration Association. The parties acknowledge and understand that by agreeing to submit their dispute to binding arbitration they are effectively waiving their right to trial by jury as a means of resolving disputes. Furthermore, the parties acknowledge that they desire to arbitrate any dispute arising from this agreement in an effort to resolve such dispute(s) quickly and avoid the costs of litigation. Judgment upon such arbitration award may be entered in any court having jurisdiction. Each party shall be responsible for paying any attorney’s fees, expert witness’ fees and other expenses it incurs on its behalf in connection with the arbitration, plus one half the arbitrator’s fee and one half of any expenses incurred by the arbitrator, and the award shall assess the arbitrator’s fee and expenses accordingly.

13. Disclaimer

Force Majure: The liability of Superior Pest 1, LLC under this Agreement will be terminated if we are prevented from fulfilling our responsibility under the terms of this Agreement.

14. Communications Consent

I understand that Holper’s Pest may send occasional text messages or emails for appointment reminders, promotions or other information. By providing your contact information including your contact information, you consent to receive messages from Holper’s. You may opt-out at any time by replying STOP. Message and data rates may apply.

Liquid Termite Treatments

Scope of Services:

The Company agrees to perform liquid termite treatment at the Customer’s property, which may include:

• Subterranean termite treatment using liquid termiticides
  
  
• Drilling and/or trenching around the foundation, slab, or other structures
  
  
• Injection of termiticide into soil, slabs, or voids
  
  
• Inspection and monitoring as necessary to ensure treatment effectiveness

The Company does not perform hazardous material testing, asbestos abatement, silica testing, or lead remediation.

Customer Acknowledgement:

By authorizing a Liquid Termite Treatment, the Customer acknowledges and agrees to the following terms:

1. Nature of Termite Treatment Work
   The customer acknowledges that liquid termite treatments may require drilling through concrete slabs, masonry, foundation walls, expansion joints, and other structural elements as well as trenching around the perimeter of the property. These activities may generate dust and airborne particulates as an unavoidable part of the treatment process.
2. Possible Presence of Hazardous Materials
   Customer acknowledges and understands that older structures (pre 1980) may contain asbestos-containing materials, lead-based paint, fiberglass, or other hazardous substances.  Structures, particularly those constructed prior to modern building regulations, may contain materials including but not limited to:

• Crystalline silica from concrete, mortar, or masonry
• Asbestos-containing materials
• Construction dust and other airborne particulates

Holper’s Pest Solutions does not test for, identify, or remediate hazardous materials.

3. No Environmental or Hazardous Material Warranty

Holper’s Pest Solutions makes no representation or warranty regarding the presence or absence of hazardous materials within slabs, walls, soil, crawlspaces, or attics. Any dust or airborne particles generated during treatment may contain materials hazardous to health, whether known or unknown prior to treatment. The Customer understands that Holper’s Pest Solutions is not a licensed environmental inspection or hazardous material remediation contractor. The company does not conduct testing for:

• Asbestos
• Silica exposure levels
• Lead-based materials
• Mold or other environmental contaminants

If the Customer suspects the presence of hazardous materials, they must notify Holper’s Pest Solutions prior to service and arrange for proper testing or abatement by qualified professionals.

4. Assumption of Risk
   The Customer voluntarily assumes all risks associated with exposure to dust, silica, asbestos, or other airborne particulates generated by the building materials during drilling, trenching, and other treatment procedures. By approving the work, the Customer assumes responsibility for any pre-existing hazardous materials present in the structure.
5. Release and Hold Harmless

The customer releases, indemnities and holds harmless Holper’s Pest Solutions, its officers, employees and contractors from any claims, liabilities, damages or expenses arising from:

• Disturbance of pre-existing hazardous materials
• Exposure to silica, asbestos or dust
• Any alleged health effects or property contamination resulting from such exposure

6. Limitation of Liability
   To the fullest extent permitted by law, Holper’s Pest Solutions shall not be held liable for any claims, damages, health effects, or costs arising from:

• The presence of silica, asbestos, or other hazardous substances within the structure
• The disturbance or release of such materials during normal treatment procedures
• Any exposure to dust or airborne particles resulting from structural drilling or trenching

7. Customer Responsibility for Hazardous Material Disclosure
   The Customer agrees to disclose any known or suspected hazardous materials in the treatment areas prior to service. Failure to disclose such information releases Holper’s Pest Solutions from liability related to those materials.
8. Work Area Preparation
   The Customer agrees to remove or cover sensitive items in treatment areas prior to service. Holper’s Pest Solutions shall not be responsible for dust settling on personal property or surfaces during the course of treatment.
9. Indemnification
   The Customer agrees to indemnify and hold harmless Holper’s Pest Solutions, its employees, and agents from any claims, liabilities, or damages related to hazardous materials present on the property.  The customer also agrees that the maximum liability shall not exceed the total amount paid for the termite treatment.

SUBTERRANEAN TERMITE  BAITING STATIONS

TERMS, CONDITIONS & LIMITATIONS SECTION

1.  The treatment covers only the main structure located on the property. No detached outbuildings, garages, fences, landscape timbers, or storage facilities are covered unless specifically outlined in this agreement. The service agreement and treatment do not include attached fences, trellis, retaining walls, or decks unless specifically outlined in the agreement.
2. Existing damage: Any structural damage identified on initial inspection or treatment caused by subterranean termites must be repaired as soon as possible by a qualified contractor at the owner’s expense. This work must be completed by no later than the first anniversary of the initial treatment, unless waived by Superior Pest 1, LLC.   Failure to comply may result in nullification of the service agreement.
3. Conducive conditions: Owner agrees to maintain the premises free from any condition which would contribute to re infestation by subterranean termites, including but not limited to the following: wood in direct contact with the soil, faulty drainage or plumbing, structural deficiencies which would allow excessive moisture conditions to exist that could continue or contribute to a secondary infestation of termites, and soil, mulch, or ground cover over siding, steps, or deck support posts. Any of the above conditions which are allowed to continue may void the agreement. Any additional inspections which are required to verify owner compliance will be charged a re-inspection fee. Failure of Superior Pest 1, LLC to notify the customer of the above conditions does not alter the customer’s responsibility to uphold the provisions of this agreement.
4. Modifications: Owner will be responsible for notification of Superior Pest 1, LLC in advance of any structural additions or modifications such as new/replacement concrete slabs, room additions, decks, finishing basement, waterproofing, etc., so that any additional treatment or installation of baiting system components found necessary by Superior Pest 1, LLC can be scheduled prior to making any of the above changes.  Such treatments are to be bid by Superior Pest 1, LLC and paid for by the customer. These treatments may require an adjustment in the annual service fee. Superior Pest 1, LLC will not be responsible for the altered portions of the structure, unless notified in advance by customer in writing and treated by Superior Pest 1, LLC. Failure to notify Superior Pest 1, LLC in advance may result in the nullification of this service agreement.
5. Hidden damage: Owner agrees that it is possible that hidden damage may be present and exist in areas of the identified structure which are inaccessible to visual inspection on date of inspection and/or treatment. Because this is possible, Superior Pest 1, LLC cannot guarantee that the damage disclosed by visual inspection represents the total of the damage that may exist as of the date of inspection and/or treatment and is therefore not responsible for repairs to or replacement of damage in these areas.
6. Coverage: Since termites are a living creature and it is impossible to predict if they will ever attempt to re-enter the listed structure, Superior Pest 1, LLC makes no guarantee that the termites will not attempt to re-enter the listed structure. Should any new subterranean termite infestation be discovered at the structure(s) identified while this agreement is in effect, Superior Pest 1, LLC will, upon notification by the customer and inspection by Superior Pest 1, LLC, provide for any corrective baiting or chemical treatment it finds necessary. This agreement is limited to re-treatment only providing there is a live active termite infestation. Superior Pest 1, LLC is in no way implied or otherwise responsible for damage caused by termites or the repair to any part of the above listed structure(s) or its contents, whether it occurs before, exists at the time of initial service or occurs after service is performed by Superior Pest 1, LLC.   Customer will be responsible for preparation of areas requiring treatment, and will need to provide physical access to areas needing re-treatment. This may include removing floor covering, moving furniture or stored items, or other obstacles to treatment as specified by Superior Pest 1, LLC.
7. Payment: Owner agrees that payment will be made upon completion, either by cash, check, MasterCard, VISA, Discover, or American Express, unless other arrangements have been made. In case of nonpayment by the owner, usual and customary attorney and/or collection fees shall be paid by the owner. The obligation of Superior Pest 1, LLC under this agreement is conditioned upon payment in full of the agreed upon price as set forth in this agreement. Failure to pay the entire bill in a timely manner shall nullify this agreement and will immediately discharge Superior Pest 1, LLC of any and all liability including treatments, inspections, monitoring or service obligations. Any amount paid by customer shall become the property of Superior Pest 1, LLC as liquidated damages. After customer is notified, all system components will be removed by Superior Pest 1, LLC. 
8. Arbitration: The property owner and Superior Pest 1, LLC agree that should any claim, dispute or controversy arise out of this agreement between the two parties or against the other, or the employees, or agents of the other regarding the services performed under this agreement to the identified structure, including the applicability of this arbitration clause, that both parties agree to settle such dispute or controversy by arbitration conducted by a reputable local arbitration service mutually agreed upon by both parties. The parties understand that they would have had a right to litigate the dispute through a court, but they chose to have arbitration decide any disputes instead. The decision of the arbitrator shall be a final and binding resolution of the dispute which may be entered as a judgment by any court of competent jurisdiction. It is further agreed that neither party will file a suit against the other party except for enforcement of the arbitrator’s decision. In no event shall either party be liable to the other for any consequential, special or incidental charges.

Limitation of liability: The property owner and Superior Pest 1, LLC agree that in no event shall either party be liable to the other for any consequential, special, incidental, or compensatory damages relating to the service provided under this service agreement Superior Pest 1, LLC will also not be liable for any increased costs, loss of enjoyment, business interruption, or any stigma/loss of value due to the presence of subterranean termites or their damage.

Service Guidelines & Specifications for Baiting Systems

1. Superior Pest 1, LLC will note where the stations will be located around the property.   
2. Superior Pest 1, LLC will perform the following:

• Install the baiting system around the property/structure listed in the Service Agreement.
• Monitor the stations for the period of time noted in the agreement from the date of installation on the interval determined by the termite activity in the stations, the time of year, weather conditions and manufacturer recommendations.
• The results of our checks will be communicated via email with the customer. 

2. CUSTOMER’S UNDERSTANDING

Customer understands the following:

1.   Intervals between the installation of the stations and termites actually discovering the station(s) and consuming the bait can range from one to many months. 
2.   Similarly, elimination of the active termite colony can also take from one to many months after the installation of the stations. 

Expectations & Limitations

Customer also understands that during the above mentioned intervals, possible additional termite damage should be expected to occur.

Additional services, such as ground bait stations or application of spot termiticide are available on a short-term basis, if needed.  The active ingredient in the baiting system is a slow acting process that may take several weeks to several months to eliminate the active termite colony. 

Customer also agrees and understands that:

•  If 20% or more of the installed stations are removed or damaged, Superior Pest 1, LLC reserves the right to charge for reinstallation or repair of the stations.  Such fees would be subject to the standard payment terms and failure to pay these would result in nullification of this agreement.
• The components of the system will remain the property of Superior Pest 1, LLC.  The customer has no rights to any of the components other than their use as installed on the customer’s premises under this agreement.
• Upon the expiration or termination of this agreement, Superior Pest 1, LLC or its representatives are authorized by the customer to retrieve the stations and other components for appropriate disposition.

3. PERFORMANCE OF WORK

Superior Pest 1, LLC will exercise care while performing any work during the  installation of the bait system but will not be responsible for utility or sprinkler lines.  We request that all electric, gas, water, telephone, cable, dog fence or sprinkler system lines, etc. be marked by the applicable party within a 10-foot perimeter of the structure.  Any lines not marked by the customer’s service vendors will be the customer’s responsibility to mark.  Superior Pest 1, LLC will not be responsible for any damage caused to those lines in the installation of the baiting system.

Additionally, at no time will Superior Pest 1, LLC be responsible for damages during the installation of the bait system except those caused by gross negligence on the part of Superior Pest 1, LLC.

4. ENTIRE AGREEMENT & NOTICE OF CLAIMS

Any proposal or other agreement between the Customer and Superior Pest 1, LLC that contains a direct link to this attachment(s) or refers to it as part of the Agreement and is signed by an authorized representative of Superior Pest 1, LLC and Customer, constitutes the entire Agreement between the parties and no other representation or statements, whether oral or written, will be binding upon the parties. Any claim under the terms of the Agreement must be made immediately in writing to Superior Pest 1, LLC