Exodia Pest Control LLC
TERMS OF SERVICE
EFFECTIVE SEPTEMBER 1, 2023
Exodia Pest Control LLC (“We”, “Us”, “Our”, “Company”, “Exodia”) requires that each of our clients (“Client”, “You”, “Them”, “They”) read, understand, and agree to our terms of service prior to any services rendered in order to set proper expectations of such services, foster a quality relationship between both parties, and protect the interests of both the company and its valued clients.
SECTION 1: Service Agreement
SECTION 2: Scope of Service(s)
SECTION 3: Authorization
SECTION 4: Accessibility
SECTION 5: Obstacles
SECTION 6: Pets
SECTION 7: Chemicals
SECTION 8: Instructions
SECTION 9: Scheduling
SECTION 10: Delays
SECTION 11: Force Majeure
SECTION 12: Holidays
SECTION 13: Vacations
SECTION 14: Billing
SECTION 15: Pricing
SECTION 16: Right to Refuse
SECTION 17: Termination
SECTION 18: Warranty / Guarantee
SECTION 19: Damage Liability Waiver
SECTION 20: Indemnification
SECTION 21: Governing Law
SECTION 22: Entire Agreement
SECTION 23: Arbitration
SECTION 24: Class Action Waiver
SECTION 25: Disclaimer
SECTION 1: SERVICE AGREEMENT
Exodia will provide a service agreement to the client which will detail the scope of service(s) that will be provided. The client’s signature, initials, or general acceptance of the service agreement constitutes affirmation that they have fully read, understood, and agreed to our Terms of Service as well as the scope of service(s) detailed.
SECTION 2: SCOPE OF SERVICE(S)
The scope of service(s) is limited to the description provided on the approved service agreement and any other service or details not otherwise described on the approved service agreement are not included or enforceable.
SECTION 3: AUTHORIZATION
Upon the official approval of a service agreement, the client grants Exodia explicit permission to access the service location as well as the authorization to complete the full scope of service(s) and any other associated tasks deemed necessary by Exodia to complete such service(s). Furthermore, the client grants Exodia permission to contact them via e-mail, phone, and any other communication method that Exodia deems acceptable. Additionally, the client grants Exodia explicit permission to obtain, modify, use, share, and publish any media (photos, videos, etc.) representing our work at their property.
SECTION 4: ACCESSIBILITY
Exodia must be able to completely access the service location in order to render services and it is the responsibility of the client to ensure that we have the ability to do so prior to any and all service visits. If we cannot fully access the client’s service location upon arrival then we will not render services or, at the sole discretion of Exodia, may render incomplete services at that time. Additionally, if there is an accessibility issue at the service location, we reserve the right to charge the client the full price of the service visit regardless of if any services are actually rendered during that visit.
SECTION 5: OBSTACLES
The client is responsible for ensuring that the service location is cleared of any obstacles prior to a service visit. Examples of obstacles include, but are not limited to, toys, trampolines, wires, debris, leaves, pet waste, equipment, clutter, food, etc. We will not attempt to move obstacles at the service location unless otherwise directed by the client and we reserve the right to refuse service or render incomplete services in the event that there are obstacles present when we arrive for a service visit. If incomplete services are rendered due to obstacles, client agrees that they will still pay the full price of the service visit.
If the client requests that Exodia moves an obstacle, it is in the sole discretion of the company whether or not to accept such request. If the request to move an obstacle is approved by both the client and the company, then the company will not be held responsible for any damages or liability relating to the handling of the obstacle under any circumstances.
SECTION 6: PETS
The client is responsible for ensuring that there are no pets present at the service location at the time of the service visit. Exodia will not render services when a pet is present which is a policy we have in place to ensure the health and safety of our employee(s) as well as our clients’ pets. We reserve the right to render incomplete services (for example, spraying the front yard only) if there is a pet present when we arrive at the service location. If incomplete services are rendered due to the presence of pets, the client agrees that they will still pay the full price of the service visit.
SECTION 7: CHEMICALS
Exodia may use a variety of chemicals at the property when rendering service(s). The chemicals applied are safe when used as directed and Exodia will notify the client of any precautions that they may need to heed. All synthetic pesticides used are registered with the Environmental Protection Agency (EPA), and all natural pesticides used are carefully selected and FIFRA 25(b) exempt from registration.
SECTION 8: INSTRUCTIONS
The client is responsible for following any and all instructions (including recommendations) provided by Exodia to ensure the effectiveness of our services and the client's health and safety. Failure to adhere to Exodia's instructions and / or recommendations will void any kind of service guarantees or warranties provided to the client.
SECTION 9: SCHEDULING
In the event that Exodia must re-schedule or cancel a service visit, we will notify the client with as much advanced notice as possible and make reasonable effort to provide flexible availability for our clients. Clients may re-schedule or cancel a service visit as needed. All re-schedule or cancellation requests from the client must be received at least 24 hours prior to the scheduled visit. If the request to re-schedule or cancel the service visit is not received at least 24 hours prior to the scheduled visit, then Exodia will not be able to accommodate the request and we will perform the service(s) as scheduled and charge the client accordingly. If a client chooses to re-schedule or cancel a service visit, the client acknowledges that they may waive their service warranty / guarantee or incur additional charges to be assessed by Exodia at our sole discretion. Additionally, Exodia reserves the right to stop service to a client due to excessive re-scheduling or cancellations.
SECTION 10: DELAYS
Although Exodia will make every reasonable effort to complete service(s) in a timely manner, the client agrees that Exodia will not be held liable or responsible for untimely performance or delays in the completion of service(s) for any reason.
Additionally, Exodia may re-schedule or cancel a service visit due to certain weather conditions to ensure the health and safety of our employees as well as ensure the quality of the services being completed. The client acknowledges that it is in the sole discretion of Exodia to determine what weather conditions are suitable for work. Examples of weather conditions which may lead to the canceling or re-scheduling of a service visit include, but are not limited to, thunderstorms, flooding, high winds, temperatures under 40 degrees, and temperatures over 105 degrees.
SECTION 11: FORCE MAJEURE
Exodia shall not be held liable or responsible by the client nor be deemed to have defaulted under or breached these Terms of Service(s) for failure or delay in fulfilling or performing any obligation under these Terms of Service(s) when such failure or delay is caused by or results from causes beyond the reasonable control of the affected party including, but not limited to, mechanical issues, personal or public health emergencies, pandemics, weather, embargoes, war, acts of war, the economy, shortage of inability to obtain materials, riots, strikes, lockouts or other labor disturbances, lockdowns, non-performance of a third-party, or acts of God; provided, however, that the party so affected shall use reasonable commercial efforts to avoid or remove such causes of nonperformance, and shall continue performance hereunder with reasonable dispatch whenever such causes are removed.
SECTION 12: HOLIDAYS
Exodia observes all official U.S. holidays and we reserve the right to take any nationally recognized holiday off from work. We will notify the client to re-schedule or cancel their service visit when there is an upcoming holiday that conflicts with their scheduled service visit.
SECTION 13: VACATIONS
Exodia reserves the right to unlimited vacations. We will notify the client to re-schedule or cancel their service visit when there is an upcoming vacation that conflicts with their scheduled service visit.
SECTION 14: BILLING
Exodia requires that all clients maintain the payment schedule defined by the accepted service agreement.
Commercial clients may pay their invoices via credit or debit card, ACH, bank wire, or check; however, the payment method accepted must be agreed upon and outlined in the accepted service agreement and any changes to the payment method must be approved in writing.
Residential clients are required to provide a valid debit or credit card on file with sufficient funds to cover any scheduled services prior to the rendering of any and all services as well as ensure the accuracy of payment details by updating payment information as needed.
The client explicitly agrees that Exodia may process invoices and / or payments automatically for services rendered or to be rendered consistent with their approved service agreement and our Terms of Service using their provided payment information. The client understands that failure to remit prompt (within 3 business days) payment for past-due invoices may result in additional late fees of up to 50% of the total cost invoice amount.
By law, we are required to charge state sales tax for all services rendered. The sales tax will be itemized separately on the client(s) service agreement and invoice.
If a dispute over a charge arises, it is the responsibility of the client to contact Exodia within a timely manner to discuss the dispute with us so that we can work with the client to resolve the dispute. A timely manner is defined as less than 3-5 business days after the charge was was made. If the client fails to contact Exodia within a timely manner, then the client agrees that the charge was valid and effectively waives their right to a valid dispute. Under no circumstances should the client resort to filing a chargeback and / or dispute for a valid payment. Such actions may elicit legal recourse.
SECTION 15: PRICING
Because federal, state, and local laws, as well as the business environment, periodically change, Exodia reserves the right to amend the prices / costs in its sole and absolute discretion. Amendments shall be effective upon publication in Official Company Materials, including but not limited to, posting on Exodia’s website, e-mail distribution, direct text message or voicemail communication, publication in Exodia's newsletter or mail, or any other commercially reasonable method. The continuation of a client’s payment for service(s) including, but not limited to, recurring service(s) constitutes acceptance of any and all amendments.
SECTION 16: RIGHT TO REFUSE
Exodia reserves the right to refuse service to anyone at any time for any reason with the exception of protected classes under the federal anti-discrimination laws.
SECTION 17: TERMINATION
Services may be terminated at will by either party at any time for any reason.
Written notice of termination of service is required by either party to be deemed effective. Upon receipt of a termination notice by the client, Exodia will stop all future service with the only exception being if the client has a scheduled service visit within 24 hours of the termination notice. If the client has a scheduled service visit within 24 hours of the receipt of their termination notice, that service and payment will still be rendered.
All terms and provisions of the Terms of Service(s) that should by their nature survive termination shall so survive.
SECTION 18: WARRANTY / GUARANTEE
This section applies to any warranties or guarantees stated, provided, or implied in any manner by Exodia to the client.
The client understands and agrees that any warranty or guarantee will be contingent upon any conditions that Exodia makes available to the client as well as the mutual agreements as outlined in our Terms of Service. Furthermore, the client agrees that any warranties and guarantees related to general pest control services are often hard to measure due to the loose definition of "pest control" which Exodia defines as a significant reduction in pest pressure; therefore, the client agrees that Exodia maintains full discretion in regards to the extent, validity, or enforcement of any general pest control warranty or guarantee.
SECTION 19: DAMAGE LIABILITY WAIVER
The client agrees to waive all damage liability and hold Exodia harmless for any and all damages resulting from or relating to the rendering of services.
Exodia accepts no responsibility for loss, damage or expense after delivery of materials to the service location for any reason.
Under no circumstances shall Exodia be liable to the client or anyone claiming by, through or under the client for any indirect, consequential, incidental, special or punitive damages of any nature, whether arising in contract, warranty, tort (including negligence), or strict liability, including, without limitation, delay, lost revenue, lost profits or loss of goodwill, even if Exodia has been advised of the possibility of such damages.
The client’s aggregate recovery from Exodia for any claim other than those excluded herein shall not exceed the fees paid by the client for the services giving rise to such claim irrespective of the nature of the claim, whether in contract, tort, warranty or otherwise. If, for any reason, the foregoing limitations are found by a court to be invalid or inapplicable under any applicable state or federal law, the client agrees that Exodia’s total liability for all Losses of any kind or nature shall be limited to actual damages without regard to any punitive or exemplary damages provided by any applicable law.
SECTION 20: INDEMNIFICATION
The client shall indemnify and hold Exodia harmless from any losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest penalties, fines, fees, costs or expenses of any whatever kind (including reasonable attorneys’ fees, fees, and the costs of enforcing any right to indemnification under these Terms of Service(s), and the cost of pursuing any insurance providers) incurred by Exodia relating to, arising out of or resulting from: (a) conflicts arising from our Terms of Service(s); or (b) any limitations or restrictions that the client has imposed upon the performance of the services, or the rejection of services recommended to the client; or (c) the site conditions at the service location(s).
SECTION 21: GOVERNING LAW
Jurisdiction and venue of any matter not subject to arbitration shall reside exclusively in Dallas, Texas. The Federal Arbitration Act shall govern all matters relating to arbitration. The laws of Texas shall govern all other matters relating to or arising from the Terms of Service(s).
SECTION 22: ENTIRE AGREEMENT
These Terms of Service(s) and the approved service agreement constitute the entire agreement between Exodia and the client with respect to the subject matter contained herein and supersedes any and all previous agreements between the parties, whether written or oral, with respect to such subject matter. No waiver by any party of any of the provisions of these Terms of Service(s) shall be effective unless explicitly set forth in writing and signed by the party so waiving. If any term or provision of these Terms of Service(s) is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms of Service(s) or invalidate or render unenforceable such term or provision in any other jurisdiction.
SECTION 23: ARBITRATION
Any controversy or claim arising out of or relating to the Terms of Service(s), or the breach thereof, shall be settled by confidential arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Clients waive all rights to trial by jury or to any court. All arbitration proceedings shall be held in Dallas, Texas. All parties shall be entitled to all discovery rights pursuant to the Federal Rules of Civil Procedure. There shall be one arbitrator, an attorney at law, who shall have expertise in business law transactions with a strong preference being an attorney knowledgeable in the pest control industry, selected from the panel which the American Arbitration Panel provides. Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitration shall survive any termination or expiration of the Agreement.
No class action, or other representative action or private attorney general action or joinder or consolidation of any claim with a claim of another person or class of claimants shall be allowable.
Nothing in these Terms of Service(s) shall prevent Exodia from applying to and obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction, permanent injunction, or other relief available to safeguard and protect Exodia’s interest prior to, during, or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding.
SECTION 24: CLASS ACTION WAIVER
Exodia and the client each agree to waive the right to a trial by jury and may bring claims against the other only in an individual capacity and not in a class action or representative proceeding. All arbitrations shall be conducted on an individual (and not a class-wide) basis; and an arbitrator shall have no authority to award class-wide relief. The client acknowledge and agrees that these terms specifically prohibit commencing any legal proceedings as a representative of others or joining in any arbitration proceedings brought by any other person (“class action waiver”).
SECTION 25: DISCLAIMER
The Terms of Service(s) are subject to change by Exodia without prior written notice at any time, in its sole discretion. Any changes to the Terms of Service(s) will be in effect as of the “last updated date” referenced on the Exodia website located at exodiapestcontrol.com (the “site”). The client should review the Terms of Service(s) prior to purchasing any products or services that are available, and the client’s purchase of any product or service after the “last updated date” including, but not limited to, recurring service(s) will constitute the client’s acceptance and agreement to such changes.