Customer Agreement
This Customer Agreement (“Agreement”) is effective as of March 15, 2024, and applies to all Subscriptions activated on or after February 15, 2024, as well as to any Subscription activated prior to that date and still active on or after March 15, 2024. By accepting or continuing to use a Subscription, you agree to be bound by this Agreement. Please read it carefully.
PLEASE NOTE: Any dispute between you and WING 8 Pest Services will be resolved through binding arbitration on an individual basis, as outlined in Section 10. By accepting this Agreement, you waive your right to a jury trial or to participate in a class action.
1. Definitions
- “You” or “your” refers to the customer
- “We,” “us,” or “our” refers to WING 8 Pest Services and its affiliates
- “Subscription” means an automatically renewing pest control plan.
- “Subscription Period” means the duration of your Subscription (e.g., monthly, quarterly, annually).
2. Subscription Services
(a) Scope: Your Subscription includes regularly scheduled pest control services as described in your Plan. We may change the scope, frequency, or method of service at our discretion. We may notify you prior to migrating you to another Plan, unless such migration is required due to discontinued Plans, regulatory requirements, or other operational needs.
(b) Exclusions: Services do not include treatment for wood-destroying insects unless specified. Additional services may require separate agreements.
(c) Service Disclaimer: Services are intended to reduce pest activity but are not a guarantee of complete or permanent elimination. Pest presence may recur, and ongoing service is required for continued effectiveness.
3. Use of Service
(a) Eligibility: You must be 18 years or older to purchase or use our services.
(b) Service Area: Service availability may vary. Customers are responsible for confirming eligibility prior to purchase. Refunds will not be issued for ineligible addresses unless required by law.
(c) Compliance: You agree to comply with all applicable laws, regulations, and restrictions.
(d) Personal Use: Our services are intended for personal use at your residence. For commercial or multi-tenant use, a separate agreement may be required.
(e) Prohibited Use: You may not misuse our services or equipment for illegal purposes or unauthorized alterations.
(f) Non-Assignment: Your Subscription is non-transferable without our prior written consent.
(g) Risk and Responsibility: WING 8 Pest Services is not responsible for illness, loss of work, damages, or health issues resulting from pest or wildlife presence, whether before, during, or after service. Customers are solely responsible for protecting their families and property and acting on any risks reported by our specialists.
(h) Suspension: If access is denied, billing issues arise, or required cooperation is not provided, your Subscription may be suspended. The subscription will automatically reactivate after two weeks unless the customer requests an alternate reactivation date in writing.
(i) Service Updates: We may change service tools or methods without prior notice, including service protocols, notification systems, software, and mobile access.
(j) Third-Party Data: We may use third-party vendors for software, monitoring, or billing.
(k) Technology Protection: You agree not to tamper with or copy any of our systems, tools, or proprietary data.
(l) AI & Data Use: Our content and data may not be harvested, extracted, scraped, or used to train AI models without express written permission from WING 8 Pest Services.
4. Equipment
Any equipment provided by WING 8 Pest Services remains our property unless purchased by the customer. You are responsible for protecting it from theft, damage, or misuse. Customers assume full responsibility for any installations not performed by WING 8 Pest Services. Additional charges may apply for repair or replacement.
5. Health & Safety Disclaimers
While our Services are designed to reduce pests, WING 8 Pest Services is not responsible for any illness, injury, property damage, lost wages, or medical costs resulting from insect bites, pest-related diseases, or contamination, whether occurring before, during, or after service is rendered. All recommendations are non-binding and are not substitutes for legal, structural, or medical advice. Customers are encouraged to seek appropriate medical or professional assistance if health risks are suspected.
6. Changes to Terms
(a) Price Changes: We may modify pricing at our discretion with 30 days’ notice via email or mail. You are responsible for maintaining accurate contact information to ensure receipt of any pricing change notifications.
(b) Service Modifications: We may modify or discontinue any aspect of the Subscription. Continued use constitutes acceptance of changes.
7. Governing Law
This Agreement is governed by the laws of the State of Texas.
8. Force Majeure
We are not responsible for delays or failure to perform any obligation under this Agreement due to events beyond our reasonable control, including but not limited to acts of God, weather, fire, flood, pandemic, labor disputes, supply chain interruptions, or governmental restrictions.
9. Limitations of Liability
To the fullest extent allowed by law, we are not liable for indirect, incidental, special, or consequential damages. Our total liability is limited to the amount you paid in the previous 12 months.
10. Arbitration Agreement
Any dispute shall be resolved by binding arbitration conducted by a third party chosen by the company. Arbitration will take place in Texas, and you waive your right to a jury trial or to participate in a class action.
11. Attorneys’ Fees
In any dispute, arbitration, or claim arising from this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs.
12. Notice
All official notices under this Agreement must be in writing. Notices will be deemed given when sent by email, U.S. Mail, or courier service to the last contact information provided by the customer or to the company’s principal address.
13. Severability
If any provision of this Agreement is found invalid or unenforceable, the remaining provisions will remain in full force and effect.
14. No-Waiver
Failure by WING 8 Pest Services to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in the future.
15. Payment
(a) Billing: Subscriptions are billed automatically on a recurring basis per your selected Plan. You authorize us to charge your payment method on file.
(b) Refunds: Payments are non-refundable. This includes cancellations requested mid- Subscription Period, failure to use the Service, dissatisfaction with service results, or relocation, unless otherwise stated in this Agreement or required by law.
16. Ending Services
You may cancel your Subscription by contacting us via online or Certified US mail. Cancel Online: https://clienthub.getjobber.com/client_hubs/2a7862c1-e46b-447a-a923- 11c893bfa19a/login/new?source=share_login Certified US Mail:30 Mustang Court, Forney, Texas 75126 Attn: Customer Service You are responsible for confirming that a cancellation confirmation has been received. We are not liable for any continued charges if cancellation was not properly submitted or acknowledged. Cancellation status can be viewed in your Client Hub or verified of delivery by Certified US mail.
17. Relocation
(a) If you move to a new address, your Subscription does not automatically transfer unless the new location is within our service area and approved by us. Customers are responsible for confirming service eligibility before requesting a transfer.
(b) If we automatically transfer your Subscription to a new property based on available records, we will provide written notice via email. You remain responsible for ensuring the new property is eligible for service.
18. Changes to This Customer Agreement
We reserve the right to change this Customer Agreement at any time. If we make material changes to our customer agreement, we will update the effective date and post a notice on the Services. We may also provide notice to you in other ways, such as through contact information you have provided, and provide you with the ability to opt-in or opt-out of the changes as required by law. Note that when applicable, you may need to consent to a revised policy in order to continue to use the Services. Your continued use of any of the Services after the effective date of the revised Customer Agreement will constitute your consent to those changes to the fullest extent allowed by applicable law.
19. Entire Agreement
This Agreement constitutes the entire agreement between you and WING 8 Pest Services regarding Subscriptions and supersedes prior agreements.