Service Agreement Terms of Service
CLIENT SATISFACTION GUARANTEE: Cape Cod Mosquito Squad’s 100% Satisfaction, Money-Back Guarantee
Your complete satisfaction is important to us. If you are not completely satisfied with your tick and mosquito control treatment, contact Cape Cod Mosquito Squad within 21 days of application for a re-treatment at no additional charge. If the re-treatments do not provide a result that meets your satisfaction, we will refund your money.
If you are not 100% satisfied with your tick and mosquito misting system, contact Cape Cod Mosquito Squad within 60 days of installation and we will remove the complete system and refund 100% of your automatic misting system payment.
Cape Cod Mosquito Squad offers a five-year warranty on all products installed if Cape Cod Mosquito Squad performs the annual maintenance. We offer a one-year warranty on all products installed if the annual maintenance is performed by someone other than Cape Cod Mosquito Squad. All service staff are insured, bonded and licensed to perform pest control in the state(s) they serve.
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 Client and by Service Provider. There may be additional charges for any changes.
LICENSES AND INSURANCE. Service Provider shall maintain all applicable local, state of federal licenses required to perform the Services. Service Provider shall maintain no less than one million dollars ($1,000,000.00) in Comprehensive General Liability insurance with an insurance company licensed to do business in this state.
DISCLAIMER AND INDEMNITY. In consideration of the services performed under this service agreement, the undersigned agrees to indemnify and forever hold Cape Cod Mosquito Squad 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. Service Provider is not responsible or liable for delays in the commencement or completion of the Services that are a result of conditions beyond Service Provider’s control (including for example weather, strikes, or a suppliers inability to provide materials.) /if Client fails to make a scheduled payment, Service Provider may elect to postpone its performance of the Services under this Service Agreement and schedule continuation of the Services at its discretion after receipt of all amounts due and payable. Delays caused by such events do not constitute abandonment.
INDEPENDENTLY OWNED AND OPERATED MOSQUITO SQUAD FRANCHISE. Service Provider is an independently owned and operated franchise. Client acknowledges and agrees that this Service Agreement is made solely with Service Provider. And that Service Provider is not an employee or agent of Mosquito Squad Franchising Corporation or Outdoor Living Brands, Inc., or any of its affiliates. Client acknowledges and agrees that Mosquito Squad Franchising Corporation and Outdoor Living Brands, Inc., are not responsible or liable for any acts or omissions of Service Provider.
ENFORCEABILITY. If any provision, sentence, phrase or word in this Service Agreement or the application thereof to any person or circumstance other than those as to which it is held invalid shall not be affected thereby.
DISPUTES. This Service Agreement in made and shall be construed under the laws of the State set forth in the Service Provider’s address above. Except as set forth below, if any controversy or claim arises out of or relates to this Service Provider, or the breach thereof, and if said controversy or claim cannot be settled through direct discussions, the parties agree to first endeavor to settle the controversy or claim in an amicable manner 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 arbitratior(s)may be entered in any court having jurisdiction thereof. The parties may agree to mediation and arbitration by the Better Business Bureau ( if applicable) in lieu of the forgoing. It is further agreed that any efforts by Service Provider to collect amounts due or any part thereof will not be subject to the mediation and arbitration provisions set forth above. Client will pay any collection expense, court costs, and reasonable attorney’s fees which may be incurred in such collection efforts. CLIENT HEREBY WAIVES ANY AND ALL RIGHTS CLIENT MAY HAVE TO A JURY IN ANY SUIT HEREUNDER.
LIQUIDATED DAMAGES. Should Client fail to fulfill its obligations under this Service Agreement in addition to any other remedy at law or in equity that Service Provider may have otherwise provided herein, Service Provider may retain as liquidated damages and not as a penalty, all consideration paid by Client to Service Provider, including, but not limited to the payments referenced above.
NO WAIVER OF RIGHTS. Service Provider’s failure to exercise a right or remedy or Service Provider’s acceptance of a partial or delinquent payment, will not operate as a waiver of any of Service Provider’s rights, or Client’s obligations, under this Service Agreement and will not constitute a waiver of Service Provider’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.