WING 8 PEST SERVICES TERMS & CONDITIONS
Effective Date: January 20, 2026
Official Version: https://wing8pest.com/terms-conditions/
1. DEFINITIONS
1.1 Company
“Company” means WING 8 Pest Services, including its owners, officers, employees, contractors, affiliates, agents, successors, and assigns.
1.2 Customer
“Customer” means the person or entity purchasing, authorizing, or receiving Services.
1.3 Services
“Services” means pest control, inspections, monitoring, remediation, exclusion work, subscriptions, equipment deployment, and related services.
1.4 Agreement
“Agreement” means these Terms & Conditions.
1.5 Business Hours
Monday–Friday, 8:00 AM–6:00 PM Central Time, excluding holidays.
1.6 Full Business Day
One entire Business Day occurring before the scheduled service window start time.
2. ACCEPTANCE OF AGREEMENT
2.1 Binding Agreement
By signing an estimate, approving services, submitting payment, enrolling in recurring service, or permitting service to be performed, Customer agrees to this Agreement.
2.2 No Third-Party Beneficiaries
This Agreement creates rights only between Company and Customer.
2.3 Entire Agreement Supersession
Customer acknowledges no reliance on statements outside this Agreement.
3. ELECTRONIC CONSENT & RECORDS
3.1 Electronic Transactions
Customer consents to transact electronically under the ESIGN Act and Texas UETA.
3.2 Binding Electronic Signatures
Electronic approvals, stored payment authorizations, and digital confirmations are legally binding.
3.3 Statute of Frauds
Electronic records satisfy any legal requirement that an agreement be in writing.
3.4 Record Retention
Company may retain or delete records at its discretion. Absence of records does not create a presumption of liability.
3.5 Call Recording Consent
Customer consents to call recording for quality assurance, documentation, and dispute resolution.
4. SERVICE MODEL & DISCLOSURES
4.1 Route-Based Scheduling
Services are scheduled based on geographic routing efficiency. Appointment windows are estimates only.
4.2 Confirmation Notices
Failure to confirm reminders does not cancel service.
4.3 Completed Service or Attempt
Completed service or documented attempt with property access satisfies billing obligation. Access denial fees are authorized charges.
4.4 Not Insurance
Services are not insurance and do not guarantee permanent elimination of pests.
4.5 Regulatory Substitution
Company may substitute products or methods if regulatory or supply changes occur.
5. CUSTOMER REPRESENTATIONS
Customer represents that:
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Customer is lawful owner or authorized occupant with authority to authorize services.
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No conflicting pest control contract prohibits service.
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Property conditions have been disclosed accurately.
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No undisclosed chemical sensitivities exist.
False representations void warranties.
6. CUSTOMER RESPONSIBILITIES
Customer agrees to:
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Provide safe, unobstructed access
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Secure pets and children
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Follow preparation and re-entry instructions
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Maintain sanitation, turf, drainage
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Disclose underground utilities
Failure may void warranties.
7. CHEMICAL & ALLERGEN DISCLOSURE
7.1 Product Compliance
Products applied per EPA label and state law.
7.2 Documentation
Product information provided electronically.
7.3 Re-Entry Responsibility
Customer must ensure treated areas are dry prior to access by occupants or pets.
7.4 Allergen Notice
Rodent traps may use peanut-based attractants. Alternative attractants may be available upon written request prior to service.
Customer assumes responsibility for undisclosed allergies.
Company does not provide medical advice.
8. PAYMENT AUTHORIZATION & STORED CREDENTIALS
8.1 Authorization
CUSTOMER AUTHORIZES COMPANY TO STORE PAYMENT CREDENTIALS AND PROCESS RECURRING, MERCHANT-INITIATED, CARD-NOT-PRESENT, RETRY, AND ACCOUNT UPDATER TRANSACTIONS.
8.2 Scope
Authorization covers service fees, renewals, cancellation fees, equipment charges, late fees, access denial fees, and collection costs.
8.3 Recurring Billing
Subscriptions renew automatically until properly cancelled under Section 9.
9. CHARGEBACKS & DISPUTES
9.1 Pre-Dispute Notice
Customer must provide written notice and allow inspection and cure opportunity before initiating arbitration, legal action, or chargeback.
9.2 Inspection Before Repair
Customer must allow Company reasonable opportunity to inspect alleged damage before repair. Failure voids related claims.
9.3 Compelling Evidence
Company may provide signed estimates, IP logs, AVS/CVV verification, stored credential records, authorization codes, service reports, GPS logs, call recordings, and communications.
9.4 Dispute Costs
If dispute resolves in Company’s favor, Customer is responsible for processor dispute fees.
10. RESCHEDULING & CANCELLATION
10.1 Business Hours
Monday–Friday, 8:00 AM–6:00 PM CT, excluding holidays.
10.2 Rescheduling
Must be received during Business Hours at least one Full Business Day prior via:
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Client Hub
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Certified U.S. Mail
10.3 Cancellation
CANCELLATION IS VALID ONLY IF SUBMITTED THROUGH THE CLIENT HUB OR BY CERTIFIED U.S. MAIL.
Verbal, AI, or text cancellation is invalid.
10.4 Receipt Standard
Certified mail must be delivered and signed for at:
WING 8 Pest Services
30 Mustang Court
Forney, Texas 75126
Proof of mailing alone does not constitute receipt.
10.5 No Prorated Refunds
PAYMENTS ARE NON-REFUNDABLE ONCE A BILLING PERIOD BEGINS.
Cancellation fees represent reasonable pre-estimate of costs.
11. EQUIPMENT
11.1 Ownership
Monitoring electronics remain Company property.
11.2 Property Transfer
If new owner denies access, prior Customer must purchase equipment.
11.3 Tampering
Tampering voids warranties.
12. WARRANTY VOID CONDITIONS
Warranty void if Customer:
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Uses third-party pest services
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Uses DIY chemicals
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Fails to follow instructions
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Interferes with monitoring devices
13. SAFETY & REFUSAL
Company may suspend or refuse service for unsafe conditions.
14. DUTY TO MITIGATE
Customer must mitigate damages. Failure bars recovery for avoidable losses.
15. LIMITATION OF LIABILITY
15.1 Consequential Damages Waiver
COMPANY SHALL NOT BE LIABLE FOR LOST PROFITS, RENTAL INCOME, BUSINESS INTERRUPTION, EMOTIONAL DISTRESS, DIMINUTION OF VALUE, MOLD REMEDIATION, OR STRUCTURAL DAMAGE CAUSED BY PESTS.
15.2 Liability Cap
COMPANY’S TOTAL LIABILITY IS LIMITED TO THE GREATER OF $500 OR THE AMOUNT PAID IN THE PRIOR SIX (6) MONTHS.
Cap applies per occurrence and in aggregate to the fullest extent permitted by law.
15.3 Punitive Damages
PUNITIVE DAMAGES ARE WAIVED TO THE FULLEST EXTENT PERMITTED BY LAW.
15.4 Savings Clause
Nothing limits rights that cannot legally be waived.
16. ONE-YEAR CLAIM LIMITATION
16.1 Limitation Period
ANY CLAIM MUST BE COMMENCED WITHIN ONE (1) YEAR.
16.2 Trigger
Begins on earlier of service date or date Customer knew or should have known of issue.
16.3 Commencement
Claim commenced only when arbitration demand or lawsuit filed.
16.4 No Tolling
Negotiations do not extend period unless agreed in writing.
16.5 Waiver
Customer waives longer statutes to extent permitted by law.
17. ARBITRATION & CLASS WAIVER
BY AGREEING TO THESE TERMS, CUSTOMER WAIVES THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.
17.1 Administrator
Arbitration administered by AAA under Consumer Arbitration Rules.
17.2 Fees
Company will pay arbitration filing fees as required by AAA Consumer Rules.
17.3 Waivers
Customer waives jury trial, class actions, representative actions.
17.4 Attorneys’ Fees
Prevailing party entitled to reasonable attorneys’ fees.
18. SUBROGATION WAIVER
Customer waives subrogation rights and shall cause insurers to waive subrogation.
19. COLLECTION & ENFORCEMENT
Customer responsible for collection costs, arbitration fees, attorneys’ fees, and interest at 1.5% per month or maximum allowed by law.
20. FORCE MAJEURE
Company not liable for delays due to weather, pandemic, government action, shortages, cyber events, or processor outages.
If such conditions exceed 30 days, Company may suspend or terminate affected services without breach.
21. DATA RETENTION
Company may retain or delete service records. Absence of records creates no presumption of wrongdoing.
22. AI COMMUNICATION DISCLAIMER
Automated or AI communications do not modify this Agreement unless confirmed in writing by authorized Company personnel.
23. SUCCESSORS & ASSIGNS
Agreement binds successors and assigns. Company may assign without consent.
24. SURVIVAL
Payment, liability, arbitration, indemnification, and enforcement provisions survive termination.
25. SEVERABILITY & BLUE PENCIL
If provision unenforceable, court may modify to maximum enforceable extent.
26. GOVERNING LAW
Texas law governs.
27. MODIFICATIONS
Company may update these Terms at any time. Current version posted at official URL.
Customer agrees to review periodically. Continued use constitutes acceptance of revised Terms.
Modifications apply prospectively and not retroactively to accrued claims.
28. COMPLETE AGREEMENT
This Agreement constitutes the complete and exclusive statement of the agreement between Company and Customer regarding Services and supersedes all prior communications, proposals, negotiations, and representations.
No modification is effective unless in writing and signed by an authorized Company officer.