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Terms of Service

Below are the terms of service for Aspen Pest Control treatments, updated 2023.

TERMS AND CONDITIONS;

  1. The Customer agrees to receive and pay for all services, subject to these Terms and Conditions, as outlined on the front and back of this document (the “Agreement”) and to make the premises available for Aspen Pest Control (also, “Company”) to perform such services.
  2. Agreement is for the provision of services only. The only obligation of Aspen Pest Control hereunder is to provide the services as outlined.
  3. This Agreement does not guarantee against present or future insect, rodent or other pest damage to buildings or contents nor does it provide for repair or compensation for such damage.
  4. This Agreement does not apply to Drywood, Dampwood, Subterranean Termites, Bed Bugs, Wildlife, Fleas, or Ticks unless otherwise noted on the front of this Agreement under Additional Service Charges. This Agreement does not apply to Mold or Fungus.
  5. Aspen Pest Control is not liable for any actual or consequential damage to the Customer’s property or contents sustained by Customer as a result of bed bugs, rodents, other insects or pests. Aspen Pest Control is not liable for any form of repairs to buildings or contents. Aspen Pest Control is not liable for any injury or damages resulting from contact with any product used by Aspen Pest Control to treat the premises. Aspen Pest Control’s liability under this Agreement is limited to the amount paid by Customer to Aspen Pest Control for the services rendered.
  6. Aspen Pest Control is not responsible and has no duty to repair or disclose either visible damage or hidden damage existing on or to the Customer’s property as of the date of this Agreement. Because damage may be present in areas that are inaccessible to the visual inspection, Aspen Pest Control does not guarantee that the damage disclosed on the inspection graph represents all of the existing damage as of the date of this Agreement.
  7. Unless specifically requested by Customer under Additional Service Charges, Aspen Pest Control does not guarantee against the present or future presence of bed bugs or other insects, nor does Aspen Pest Control guarantee the elimination of bed bugs.
  8. Cancellation of this Agreement by Customer prior to the end of the initial scheduled services (see total number of services) will result in a contract termination fee equal to $250. Cancellation of this Agreement by Customer after receipt of the initially scheduled services must be in writing and prior to 30 days of the next scheduled service.
  9. All payments must be made via debit or credit card, check, or money order, and are due in full within thirty days from service date. A 1.5% monthly finance charge will be added to invoices that are over thirty days past due. When the account is determined to be severely delinquent, any applicable termination fees will be added to the outstanding balance as well as reasonable collection fees. The account will then be placed with a certified collections agency or an attorney for collections. Customer’s failure to make payment in full in a timely manner shall terminate this Agreement in its entirety immediately without further notice or action by Aspen Pest Control and discharge Aspen Pest Control from any obligation to Customer. There will be an additional $10 charge for regular services requested on Saturdays.
  10. The Customer agrees that if Aspen Pest Control is unable to gain access to the entire property because of locked gates, dogs, or any other reason service will be performed on the areas that are accessible, and the Customer will be charged the full service rate. However, Aspen Pest Control agrees to return and treat the inaccessible areas or any other areas experiencing pest activity upon the Customer’s request throughout the duration of the service period. Customer shall (a) respond promptly to and accommodate reasonable requests from Company to enable Company to provide the requested services and (b) take all steps necessary to prevent Customer-caused delays in Company’s provision of services. Aspen Pest Control requires the use of water to provide most services. Negligible water usage may occur via exterior faucets on the Customer’s property.
  11. SEVERABILITY. If any part of this Agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this Agreement will remain in full force and effect.
  12. ENTIRE AGREEMENT. This Agreement, together with any attachment(s), if any, signed by the Company 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.
  13. BINDING ARBITRATION. The Customer and The Company agree that any controversy or claim between them arising out of or relating to the interpretation, performance or breach of this contract or to the services of or rendering of services to the identified property in any way, whether by virtue of contract, tort or otherwise, shall be settled exclusively by arbitration which, unless the parties agree otherwise in writing, will be administered and heard in the English language by and in accordance with the rules of the American Arbitration Association, with the arbitration to take place in Vancouver, Washington.. The arbitrator shall be a licensed legal representative, independent, mutually agreed upon, and to the greatest extent possible, be knowledgeable in pest control and building construction matters by education, experience, licensing and training to deal with the issues and claims presented. The arbitrator shall give effect to any and all waivers, releases, disclaimer, limitations and other terms and conditions of this Agreement. Neither party shall sue the other party with respect to any matter in dispute between the parties other than for enforcement of this arbitration provision or of the arbitrator’s decision and a party violating this provision shall pay the other party’s costs, including but not limited to, attorney’s fees, with respect to such suit and the arbitration award shall so provide.
  14. CHEMICAL SENSITIVITY. If the Customer or other occupants in or around the structure(s) believe they are or may be sensitive to pesticides/insecticides or their odors, the Customer must notify Company in writing prior to installation or services, and must include information on whether Customer or occupants have consulted with a licensed medical doctor or other healthcare provider regarding such sensitivity. The Company reserves the right, upon such notification, to deny or terminate service. Failure to provide notification represents Customer’s assumption of risk and waiver of claims against Company in connection with any chemical sensitivity.
  15. MODIFICATIONS. As its business evolves, the Company may change these Terms of Service and the other components of this Agreement. If Company makes a change to billing terms or changes prices in the Agreement, Company will provide Customer with reasonable notice prior to the change taking effect, either by emailing the email address associated with Customer’s account or by messaging Customer by mail, text message, or via phone. Billing terms and invoice amounts are also subject to change based on a change of service type, service provided, or structures treated. Aspen Pest Control will notify the Customer of any changes prior to the next scheduled service. The materially revised Agreement will become effective on the date set forth in our notice, and all other changes will become effective upon posting of the change. If Customer (or any authorized user) accesses or uses the services after the effective date, that use will constitute Customer’s acceptance of any revised terms and conditions. Updated terms can be found at: https://aspenpestservice.com/tos/
  16. WAIVER AND RELEASE. Except to the extent due to the gross negligence or willful misconduct of Company and its employees and subcontractors, Company shall not be liable to Customer for, and Customer waives as against and releases Company from, all claims for loss or damage to any property or injury, illness or death of any person in, upon or about the Customer’s property, arising at any time and from any cause whatsoever.
  17. FORCE MAJEURE. No party hereto shall be liable or responsible to the other party, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations of the Customer to make payments to Company hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, epidemic, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar events beyond the reasonable control of the Impacted Party. The Impacted Party shall give notice within 5 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of 30 consecutive days following written notice given by it, the other Party may thereafter terminate this Agreement upon 5 days’ written notice.