Important service terms for Pestigo pest control work

Service & Fees

1. Pestigo ("Company") agrees to provide a general pest treatment ("Service") for the Client at the Client's address for the total investment fee ("Fee"), inclusive of GST, in relation to the treatment of the pests described in the relevant service document and in accordance with these terms and conditions. The Service specifically excludes any termite treatment or termite service.
2. The Client is deemed to have accepted these terms and conditions by signing the relevant document, confirming by email or letter, or by allowing the Service to be undertaken.
3. The Fees are as described in the pricing and payment section and are payable by the Client to the Company for the Service. Fees are payable on or before the Service is rendered unless otherwise agreed in writing. Where payment is made by credit card or direct debit, an additional processing fee may be charged. Interest may be payable by the Client on overdue amounts from the due date until the date received.

Health, Safety & Care

4. For the safety of all, the Client must advise the Company or its service representatives of any pets or animals at the location, and of any people with allergies or other health-related concerns that could potentially be impacted by the suggested chemicals. Any person who suffers from allergic reactions or is sensitive to related processes should, as a precautionary measure, remain away from the location for no less than twenty-four hours or until the location has been fully ventilated.
5. The Client must remove or otherwise protect any people and animals, including birds and fish, during the treatment, cover all food items and utensils, avoid contact with all treated surfaces until safe, and observe all other health and safety recommendations provided. Following treatment, it is in the Client's interest to fully ventilate all treated areas prior to occupants returning.
6. The Client must ensure that the Company's inspectors, technicians and any other representatives attending the location have safe and open access to the required areas of the location in order to safely and without risk conduct the Service. All facilities required to complete the Service will be provided by the Client, including water and electricity. It is extremely important that the Client advises the Company or one of its representatives of any health and safety risks related to the location prior to the commencement of the Service.
7. The Client acknowledges and accepts that the Service may include the use of chemicals, pesticides, baits, equipment and materials and will cooperate and comply with all advice and instructions provided by the Company to ensure the health and safety of persons at the location at the time of, and following, the Service.
8. The most effective delivery of the Service may require drilling or cutting of materials. The Client is responsible for the identification of related utilities and services that may be impacted by these works including, but not limited to, electrical, gas, water and drainage pipes, and telephone or data cabling. The Company will exercise reasonable care in performing the required work; however, the Client will be liable for any damage caused to the location where those services have not been properly identified.

Service Effectiveness & Limitations

9. The Company will complete the Service in a professional manner in accordance with these terms and conditions. The ongoing effectiveness of the Service depends on the environment, surroundings and the Client's implementation of the recommendations made by the Company regarding property maintenance, cleaning and hygiene procedures, storage and general housekeeping of the location.
10. The Client acknowledges and accepts that pest treatment may be hindered, and its effectiveness reduced, by disturbing treated areas, moving or interfering with service equipment or materials, making changes to the building's structure or use, or introducing untreated, infested or susceptible materials and products to the location that may encourage pest activity.
11. The inspection undertaken as part of the Service is a visual inspection and is restricted to the areas of the premises where reasonably practicable access can be safely achieved and line of sight is reasonably available to the technician at the time of inspection. Where access is limited or furniture, equipment or coverings impede visibility or access, the inspection and treatment will be impaired. Only the accessible areas of the location, as described in the interior and exterior service scope, will be inspected and treated.
12. The Client's furniture and other household equipment are excluded from the Service unless specifically detailed in the relevant service document. Any additional pests or areas to be serviced will require a separate inspection and proposal.

Report Reliance & Indemnity

13. At the conclusion of the Service, the technician may provide a Service Report including advice and recommendations to the Client on steps to be taken and best practices to minimise pests and their subsequent impact.
14. All information and reports provided by the Company to the Client are provided solely and exclusively for the benefit of the Client. The information may not be assigned or transferred by the Client to any third party, nor can the information be relied upon by any third party without the written approval of the Company.
15. To the full extent permitted by law, the Client will indemnify the Company and its representatives against all actions, claims, proceedings or costs, including legal costs on a full indemnity basis, which the Company may incur as a result of any reliance placed on the content of an inspection report or service by any person other than the Client.
16. While every effort will be made at all times to deliver all services as scheduled, the Company shall not be responsible for failure to meet its obligations if the failure results directly or indirectly from a cause beyond its control.

Entire Agreement

17. This agreement supersedes and replaces all prior agreements between the parties in relation to pest management services and contains the entire agreement between the parties as to its subject matter. To the extent permitted by law, the Company expressly excludes all warranties, guarantees, representations and conditions except as may be made by the Company to the Client in writing at its sole discretion.

Liability

18. To the extent permitted by law, the Company will not be liable for any loss of revenue or profit, loss of business, wasted expenditure or any form of direct or indirect consequential loss arising from, or in connection with, this agreement, the supply of the Service, the equipment or the sale of any goods or services.
19. Where a claim relates to a guarantee or warranty, the Company's total aggregate liability to the Client under or in relation to this agreement, including in contract, negligence, tort or any common law or statutory right, is limited at the Company's option to:
    1. in relation to claims relating to services, the resupply of the services or the cost of resupply of the Service; or
    2. in relation to claims relating to goods, the resupply of the goods or the cost of re-supply of the goods.
20. In all other circumstances, the liability of the Company to the Client, including in contract, negligence, tort or any common law or statutory right under this agreement, will not exceed the fees received by the Company from the Client pursuant to this agreement.

This agreement is governed by the laws of the State or Territory where the Services are being provided to the Client, and the parties submit to the jurisdiction of the courts of that State or Territory.