Terms of Service

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Terms

This Agreement shall be effective beginning on the date of initial service, and lasting until regularly scheduled service is canceled by either party. If this Agreement is for a single, one-time service, then no particular term is applicable, and this Agreement shall govern that single service only. 

Recurring Service: I understand that this agreement is for a period of twelve (12) months commencing on the date of the initial service. I understand that regular services will be performed according to the service schedule and I agree to receive and pay for all services as outlined in this agreement. After the initial agreement period, services will continue month-to-month until canceled by Customer or B Squared, with a written notice.

Termination

You, the customer, may cancel the service agreement at anytime prior to midnight of the third business day after the date of this transaction by giving written notice of cancellation to B Squared. If for any reason, at any time, the contract is canceled before its completion, and the initial or ongoing service has been performed, customer agrees to pay the full initial service charge and/or for any work that had already been completed.

Scheduling

Customer will receive services according to the service schedule indicated in your service agreement. The services shall be performed between the hours of 8:30 a.m. and 4 p.m. unless otherwise agreed upon. Service Day will be dependent on the technician’s service route, unless prior arrangement has been made. Customer will be notified of the upcoming service date either by phone, email, or text. 

Customer Preparation & Responsibilities

Customer Preparation: Client agrees to prepare for services described above as follows:

1. Provide access to the premises.

2. Disclose structural deficiencies and/or hidden areas.

3. Remove/Secure pets when needed/requested.

4. Have space prepared for treatment: 

Accessibility: For scheduled services, please make sure animals are secured, and the gates are unlocked for service. If the premises are not available for treatment on service day, B Squared will service the exterior of buildings where accessible and notify the customer of service. If desired the customer may request that B Squared return to service untreated areas. Please note that receiving additional service between recurring treatments will not alter the original service schedule.

Customer Responsibilities: Customer cooperation in controlling the conditions causing the pest infestation is essential to an effective pest control program. The Customer agrees to follow to the best of their ability all recommendations specified in the Service Agreement and/or attached handouts, and generally accepts responsibility for making timely maintenance/repairs necessary to eliminate conditions contributing to the pest infestation. 

Payment
One time or as needed services: Payment is due upon completion of services unless prior arrangements have been made with B Squared. All payments are due upon receipt of service or billing unless other terms previously agreed to. 

Recurring Services: Payments are due according to the payment schedule agreed upon. In the event of non-payment or default by Customer, B Squared may suspend or terminate the services as described in your agreement. If balances remained unpaid costs of collection, including administrative and attorney’s fees/costs, shall be paid by Customer, whether suit is filed or not.

General Provisions

1. All work shall be completed in a professional manner, and, in compliance with all applicable laws. 

2. To the extent required by law all work shall be performed by individuals duly licensed and authorized by law to perform the work.

3. B Squared warrants that they are adequately insured for injury to their employees and others incurring loss or injury as a result of the acts of B Squared or its employees.

4. B Squared is an independent contractor and not an employee of the Customer.

5. Any changes to these terms will be emailed to existing customers who have service agreements.

6. These Terms shall be construed in accordance with the laws of the state of Montana. 

Limitations on Liability 

B Squared cannot guarantee against re-infestations of pests from neighboring areas, nor guarantee complete elimination of pests as they are living organisms that can be reintroduced into previously treated areas. Where possible and reasonable, B Squared agrees to return and retreat affected areas within a reasonable time frame, provided the Customer is in compliance with the provisions of these terms and your Service Agreement. Re-treatment and/or a refund is for the last service and/or payment only.

The effectiveness of pest control treatments are limited by site, structural, and environmental conditions which are beyond the control of B Squared. Such conditions include, but are not limited to, inaccessible structural cavities, leaking roofs, faulty grade levels, inadequate clearance, earth to wood contact, structure- vegetation contact, cellulose debris, insufficient ventilation, faulty gutters or down-spouts, movement of people/vehicles as carries of pests, and other conditions conducive to re-infestation or recurring infestation. Unless B Squared has specifically included the repair or correction of such condition(s) in your specific Service Agreement, the Customer accepts sole responsibility for such repair, correction, or mitigation, and holds B Squared harmless from any liability for same, including any responsibility for re-treatment. B Squared is not responsible for insect or rodent damage to products or contents at the premises. This Agreement does not provide for control of pests not specified. If, in B Squared’s opinion, a service requested is unsafe for the Technician and/or the Customer, or is impractical or unnecessary, B Squared reserves the right to refuse requested service without incurring any liability.

Customers expressly waives and releases B Squared 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, ants, spiders, ticks, fleas, wasps, bees or other pests listed on this agreement. Customer waives any claim for damage or injury unless made in writing within one (1) year of treatment or incident. In no event shall B Squared be liable to customer or to any third party for any loss of use, revenue or profit or for any consequential, incidental, indirect, exemplary, special or punitive damages whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether such damages were foreseeable and whether or not B Squared has been advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy of its essential purpose. In no event shall B Squared’s aggregate liability arising out of or related to this agreement, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, exceed the aggregate amounts paid or payable to B Squared pursuant to this agreement during the twelve (12) month period preceding the event giving rise to the claim.

The Customer agrees to hold B Squared harmless from any and all liability for damage not caused by B Squared’s negligence, and from any and all liability for structural damage regardless of cause. B Squared disclaims any liability for special, incidental or consequential damages. The warranties stated in this Agreement are given in lieu of any other warranty, expressed or implied, including any warranty of merchantability or fitness for a particular purpose. B Squared will incur no liability should it be prevented from fulfilling its responsibilities per this Agreement by reasons of an act of God, fire, flood, storms, explosions, acts of war, whether declared or undeclared, seizure, riots, civil commotion, strikes, or other labor disputes, shortages of fuel and/or materials, quarantine restrictions, or any other circumstances or causes beyond the control of B Squared. Should structural changes or additions be made to the job-site which would add to or delete from the area treated at each service, the periodic service charge will be reviewed and adjusted accordingly by B Squared.

Severability

If any part of these Terms or your specific Service Agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions shall remain in full force and effect. This document constitutes the entire agreement between the parties and no other representations or statements will be binding upon the parties.