COVERED SERVICES:
This agreement is being made between Customer and On The Fly Pest Solutions, Inc. Services to be rendered hereunder include On The Fly Pest Solutions, Inc. making quarterly service visits to Customer’s home to plan and implement an Integrated Pest Management (IPM) program to treat the following pests: Roaches (German Roaches, Oriental Roaches, American Roaches, Brown-Banded Roaches), Ants (House Ants, Odorous Ants, Pavement Ants, Argentine Ants), Box Elders, Carpet Beetles, Centipedes, Clover Mites, House/Cave Crickets, Earwigs, Millipedes, Silverfish, Spiders (House Spiders, Wolf Spiders, Hobo Spiders, Cellar Spiders), Mice (House Mice, Field Mice), and Rat Prevention.
Pest control services reduce risk but do not guarantee that pests will never return or that all pests will be eliminated. Please note that service dates are estimates and may be rescheduled due to weather conditions, safety concerns, or other circumstances beyond On The Fly’s reasonable control.
Stinging insects (Hornets [Bald-Faced Hornets, European Hornets], Bumblebees, Umbrella Wasps, Mud Daubers, and Yellow Jackets) will be controlled under 25 feet in height directly on the main structure. This does not include nests located inside the structure, where an additional fee may apply for removal.
SAFETY NOTICE:
Our technicians can only service safely accessible areas. All products used by On The Fly Pest Solutions, Inc. hereunder are EPA compliant. Safety requirements will be observed in accordance with federal, state, and city regulations. Customer is responsible for notifying the company in advance of any allergies, sensitivities, medical conditions, or special concerns relating to occupants or pets.
NON-COVERED SERVICES:
On The Fly Pest Solutions, Inc. only provides control measures for the pests listed as covered under this agreement. Management of additional pests, such as bed bugs, is available as a separate service.
PAST, PRESENT, AND/OR FUTURE DAMAGE; LIMITATIONS OF LIABILITY:
On The Fly Pest Solutions shall not be responsible for (1) any past, existing, or future damage to the structure(s) or its contents at the date of this Contract caused by wood-destroying organisms, insects, or otherwise, whether visible or hidden, or (2) any costs or expenses incurred by Customer as a result of such damage. On The Fly is not responsible for damage to landscaping, plants, lawns, or soil conditions unless caused by the company’s gross negligence or willful misconduct.
On The Fly Pest Solutions shall not be liable for any repairs or replacement of structural damage. THIS CONTRACT DOES NOT COVER EITHER THE REPLACEMENT OR REPAIR OF ANY TERMITE, PEST, OR INSECT DAMAGE. THE CONTRACT PROVIDES FOR REMEDIAL TREATMENT ONLY. Pest activity may be influenced by conditions outside the property, including neighboring structures, shared walls, construction defects, or environmental factors, for which the company is not responsible.
The sole remedy of On The Fly Pest Solutions to Customer or anyone claiming through Customer under this agreement or otherwise is re-treatment of the property. Customer expressly releases On The Fly Pest Solutions from and agrees to indemnify and hold harmless On The Fly Pest Solutions with respect to any obligation whatsoever to repair and/or pay for any damage.
CUSTOMER COOPERATION:
Customer will provide safe and reasonable access to treatment areas and secure pets as needed. Missed or incomplete service due to lack of access, unsafe conditions, or customer unavailability is not a service failure. Customer cooperation is essential to ensure the most effective results from On The Fly Pest Solutions’ services.
Whenever conditions conducive to the breeding and harborage of pests covered by this contract are reported in writing by On The Fly Pest Solutions and are not corrected by the Customer, satisfactory service cannot be assured. The Customer agrees to cooperate with On The Fly Pest Solutions in whatever reasonable manner is necessary to facilitate treatment and elimination of the above-mentioned pests.
If the conditions noted by On The Fly Pest Solutions are not corrected as required, all guarantees in this agreement shall automatically terminate and be canceled. Additional treatments required due to uncorrected conditions shall be paid for by the Customer as an extra service charge. Customer authorizes the company to document service conditions, including photographs, for service records and quality assurance purposes.
PESTICIDE LABELS:
Upon request, On The Fly Pest Solutions will provide Customer with a copy of the manufacturer’s specimen labels for the termiticide or pesticide(s) used to treat the structure(s). All labels may also be found at www.ontheflypestsolutions.com/faqs.
OWNERSHIP OF CONTROL DEVICES:
The purchaser understands that all devices used at the listed property remain the property of On The Fly Pest Solutions, Inc., including exterior bait stations. Upon expiration or termination of this agreement, On The Fly Pest Solutions is authorized by the Customer to retrieve all control devices.
BINDING ARBITRATION:
In the event of a dispute between On The Fly Pest Solutions and/or its employees and the Customer arising out of or relating to this contract, the parties agree to submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association. By agreeing to arbitration, the parties waive their right to a trial by jury. Judgment upon the arbitration award may be entered in any court having jurisdiction.
ENTIRE AGREEMENT:
This contract, together with any attachments signed at the time the contract is entered into, constitutes the entire agreement between the parties. This agreement applies only to the listed customer and service address and may not be transferred without written consent. The company is not responsible for delays or inability to perform services due to events beyond its reasonable control. This agreement is governed by the laws of the State of Maryland.
TERM, PAYMENT, AND CANCELLATION:
The initial site visit charge is due upon execution of this agreement, which renews annually for a period of one (1) year unless the owner cancels upon 30 days’ prior written notice before the renewal date. The Customer must complete a cancellation form no less than 30 days prior to the annual renewal date.
If the Customer does not satisfy the contract term upon cancellation, cancellation may only be finalized after all open balances are paid in full and an early cancellation fee of $150 is paid. On The Fly Pest Solutions, Inc. reserves the right to suspend service or cancel this agreement at any time. Payment obligations, limitation of liability, and dispute resolution provisions survive termination.
FEES AND COLLECTIONS:
A $35 fee will be imposed for any check dishonored by the Customer’s bank. A 1.5% rebilling fee will apply for each month an account remains delinquent. If an account is referred to collections, the Customer is responsible for all costs of collection, including reasonable attorney’s fees.
On The Fly Pest Solutions, Inc. reserves the right to increase contract pricing with 60 days’ prior notice. Customer waives all claims for damages to property or persons resulting indirectly from services performed, except in cases of gross negligence. Before initiating any credit card chargeback, Customer agrees to contact the company in good faith to resolve billing concerns.
