Termite Protection Plan Agreement

Terms, Conditions, Exclusions, and Limitations

This agreement is entered into by Noble Pest and Termite, LLC ("Company") and the Client. The terms outlined herein govern the rights, responsibilities, and obligations of both parties regarding the services provided by the Company. The Client reserves the right to terminate this agreement by providing 30 days' written notice to the Company.

This agreement is subject to specific terms, conditions, exclusions, and limitations, as detailed in the accompanying documentation or as communicated in writing by the Company. The Client acknowledges that any services outside the scope of this agreement may incur additional charges, which will be disclosed in advance.

Client Obligations

The Client acknowledges and agrees that the effectiveness of the services provided under this Agreement is contingent upon their full cooperation in maintaining proper housekeeping, sanitation, and maintenance practices. Additionally, the Client is responsible for ensuring that all areas requiring service are accessible to the Company’s technicians.

The Client understands that failure to adhere to these obligations may result in reduced service effectiveness and potentially impact the overall results of the treatment. In such cases, the Company cannot be held liable for any issues that arise due to lack of cooperation or access.

To facilitate the successful completion of services, the Client agrees to promptly address any necessary preparations, including clearing areas of obstructions, addressing moisture problems, and ensuring that all structural areas to be treated are accessible for inspection and treatment. The Client further agrees to notify the Company of any changes in the condition or accessibility of the property that may affect the services being provided.

Service Exclusions

This Agreement specifically covers the treatment of Subterranean Termites and does not include services for the treatment of other pests or termite species. The Company will not treat for drywood termites and is not obligated to inspect, treat, or provide recommendations for pests outside the scope of this Agreement.

Should the Client require services for pests not covered under this Agreement, a separate agreement will need to be established, including applicable fees and terms. The Company reserves the right to determine the appropriate course of action for any issues falling outside the coverage of this Agreement.

This exclusion ensures clarity regarding the scope of services provided and allows the Company to maintain the highest standards of professional care within the agreed-upon terms.

General Conditions/ Limitations

The treatment of the building shall be the treatment which the Termite Protection Plan, in their judgment, deems necessary to properly control the applicable subterranean termites. If the building cannot be safely and effectively treated in the opinion of the Noble Pest & Termite, the customer shall be refunded all protection plan payments.

The customer agrees to notify Noble Pest & Termite by telephone and in writing of any item in question and to allow a company representative access to the property to evaluate these items before any corrective action is taken. The customer agrees and understands that any repairs or corrective action taken without consultation with the Noble Pest & Termite relieves the Termite Protection Plan of any and all liability.

If a follow-up Termite Report is desired by the customer this should be requested in writing.

This protection plan does not extend to or include:

·        Damages of any kind, including, but not limited to: consequential and/or secondary damages; hidden, latent, or concealed damages; cosmetic damages; or any damages visible or not visible at the time of the original inspection.

·        Infestations outside of the main structure, including, but not limited to: detached garages, carports, tool sheds, barns, fences, bushes, trees, etc.

·        Properties with sub-slab ductwork, raised wood floors over concrete foundation, and/or inaccessible areas necessary for treatment.

·        Powder post beetles and other forms of wood-destroying insects.

·        Changes, alterations, remodeling, or additions made to the building after the date of the inspection.

·        Costs of shelter, transportation, food, moving, storage, or other incidental expenses related to inconvenience or relocation during treatment.

Any request for warranty performance not filed as set forth herein.

Payment Detail: If Client fails, for any reason, to make any payment within 30 days from the due date, Company, at its option may discontinue its services and start collection proceedings. Upon failure to make such payment, the Client agrees to pay all costs of collection, including a reasonable attorney's fee. Further, Client agrees that if any of Client's payments become delinquent, Company is authorized to electronically debit any account that Client has used for payment to Company or any account that Company has on record for Client to make any such delinquent payment(s), according to the authorizations and conditions of Section 9 of this Agreement.

Waivers: Client expressly waives and releases Company from liability for any claim for personal injury (including stings, bites or illnesses) or property damage (to the structure or contents) caused by wood destroying organisms, vole, mice, fire ants, pharaoh ants, spiders, ticks, fleas, wasps, bees or other pests listed on the Agreement or website. Client waives any claim for damage or injury unless made in writing within six months of treatment or incident. EXCEPT AS OTHERWISE PROHIBITED BY LAW COMPANY DISCLAIMS AND SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, STIGMA AND/OR LOSS OF ENJOYMENT DAMAGES. THE OBLIGATION OF COMPANY SPECIFICALLY STATED IN THIS AGREEMENT ARE GIVEN IN LIEU OF ANY OTHER OBLIGATION OR RESPONSIBILITY, EXPRESS OR IMPLIED, INCLUDING ANY REPRESENTATION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

MANDATORY ARBITRATION: Company and Client agree that any claim, dispute or controversy ("Claim") between them or against the other or the employees, agents or assigns of the other, and any Claim arising from or relating to this agreement or the relationships which result from this agreement, including but not limited to any tort or statutory Claim, shall be resolved by neutral binding arbitration by the American Arbitration Association ("AAA"), under the rules of AAA in effect at the time the Claim is filed ("AAA rules"). Any arbitration hearing at which the parties appear personally will take place at a location within the United Sates federal judicial district in which Client resides. AAA Rules and forms may be obtained and all claims shall be filed at any AAA office, www.adr.org or by calling 1-800-778-7879. Each party shall be responsible for paying its own attorneys' fees, costs and expenses; the arbitration fees and arbitrator compensation shall be payable as provided in the AAA Rules. However, for a Claim of $15,000 or less brought by Clientin his/her/its individual capacity, if Client so requests in writing, Company will pay Client's arbitration fees and arbitrator compensation due to the AAA for such Claim to the extent they exceed any filing fees that the Clientwould pay to a court with jurisdiction over the Claim. The arbitrator's power to conduct any arbitration proceeding under this arbitration agreement shall be limited as follows; any arbitration proceeding under this agreement will not be consolidated or joined with any arbitration proceeding under any other agreement, or involving any other property or premises, and will not proceed as a class action or private attorney general action. The foregoing prohibition on consolidated, class action and private attorney general arbitrations is an essential and integral part of this arbitration clause and is not severable from the remainder of the clause. The decision of the arbitrator shall be a final and binding resolution of the Claim. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16. Judgment upon the award may be entered in any court having jurisdiction. Neither party shall sue the other party with respect to any matter in dispute between the parties other than for enforcement of this arbitration agreement or of the arbitrator's award. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, BUT THEY CHOOSE TO HAVE ANY DISPUTES DECIDED THROUGH ARBITRATION.

Chemical Information Warning: Virtually all pesticides have some odor which may be present for a period of time after application. If you or any member of your household believes you have sensitivity to chemical odor or chemicals, Company recommends that you not have an initial or subsequent service performed at your premises until you have consulted with your family physician. At your request, Company will provide information about the chemicals to be used in treating the premises.

Automatic Payments: With Company's Automatic Check and Automatic Card Options, following Client's Initial Service or Regular Services the Client's credit card, checking account, or bank check card (displaying the Visa or MasterCard logo) will be automatically charged. If Client has selected a monthly automatic option, after the Client has paid for the first 2 services, the Regular Service Charge will be divided into monthly amounts and the prorated amount will be billed on the first day of each month, starting the month after the second treatment. In the Payment section of this Agreement, if either the Automatic Check Option or the Automatic Card Option has been selected, Client authorizes Company to initiate debit entries against Client's credit card, checking account or bank check card account listed herein for the regularly scheduled services performed as listed in this Agreement and according to the terms and conditions of this agreement. Client authorizes the credit card, the checking account or the bank check card company to accept any debit entries initiated by Company to be debited from the Client's account. Further, Client authorizes the credit card, the checking account or the bank check card company listed in this Agreement to tender payment to COMPANY for services rendered, when it is charged, and to post the payment to Client's account. Client has the right to cancel this automatic payment authorization by submitting to Company written notice 30 days in advance of the intended termination of this authorization. This authorization will remain in effect until Company has received that written notification of termination. It is the Client's responsibility to copy or notify the credit card, the checking account or bank check card company if this authorization is cancelled. Cancellation of the automatic payment authorization does not cancel this Pest Control Service Agreement or the Client's responsibilities there under.

Assignment: This Agreement may not be assigned in whole or in part by Client. Client agrees that Company may assign or subcontract all or any portion of this Agreement, as well as the Automatic Payment Agreement in Section 9 of this Agreement, without notice to Client and any such assignee or subcontractor shall be entitled to the rights, benefits, privileges and protection afforded to Company under the terms of this Agreement.

Entire Agreement: Client acknowledges that the only terms and conditions of this agreement are those stated within this document and that there are no other terms, written or oral, or provisions which apply other than those printed herein. If any provisions or portions thereof, of this Agreement is found to be invalid or unenforceable, it shall not affect the validity or enforceability of any other part of this Agreement.

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