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 any person or entity that purchases, authorizes, requests, schedules, approves, or receives Services, including property owners, occupants, tenants, agents, or representatives acting on their behalf.
1.3 Services
“Services” means all pest control, inspections, monitoring, remediation, exclusion work, sanitation, subscriptions, equipment deployment, installation, maintenance, and any related or ancillary services provided by Company, as described in the applicable estimate, service agreement, or work order.
1.4 Agreement
“Agreement” means these Terms & Conditions, together with any estimate, service agreement, invoice, work order, authorization, or other document issued by Company and accepted by Customer.
1.5 Company Equipment
“Company Equipment” means all monitoring devices, electronic equipment, sensors, stations, traps, bait systems, termite systems, rodent systems, and any related materials, components, or hardware deployed or installed by Company, as further defined in Section 11.
1.6 Pre-Existing Systems
“Pre-Existing Systems” means any pest control devices, systems, materials, or treatments installed or applied by third parties or prior service providers before Company performs Services.
1.7 Business Hours
“Business Hours” means Monday through Friday, 8:00 AM to 6:00 PM Central Time (CT), excluding Company-observed holidays. All times referenced in this Agreement are Central Time (CT).
1.8 Business Day
“Business Day” means any day other than Saturday, Sunday, or Company-observed holidays during which Business Hours occur.
1.9 Full Business Day
“Full Business Day” means one entire Business Day occurring before the scheduled service window start time.
1.10 Client Hub
“Client Hub” means Company’s designated online customer portal used for scheduling, communication, approvals, account management, and submission of Written Notice. The Client Hub is the primary method for Customer submissions where required by this Agreement.
If the Client Hub is unavailable, Company may designate an alternative written communication method. Company’s designation of an alternative method must be expressly communicated by Company. Customer may not substitute alternative communication methods without Company authorization.
1.11 Property
“Property” means the service location, structure, land, or premises where Services are performed, including all buildings, improvements, structures, and surrounding areas, and any areas listed in the estimate, service agreement, or reasonably necessary for Company to perform Services.
1.12 Service Window
“Service Window” means the estimated time range during which Company may perform Services. Service Windows are not guaranteed appointment times.
1.13 Written Notice
“Written Notice” means communication submitted through the Client Hub or delivered via certified U.S. Mail, unless otherwise expressly stated in this Agreement.
Electronic communications from Company constitute Written Notice where permitted by this Agreement, including where this Agreement authorizes electronic notice through the Client Hub, email, or SMS.
Customer communications shall only constitute Written Notice if submitted in strict compliance with this definition. No other form of communication constitutes Written Notice unless expressly authorized by this Agreement.
These requirements are intended to ensure clear, documented, and verifiable communication between Customer and Company.
1.14 Access
“Access” means the ability for Company to safely and reasonably enter, move within, and perform Services at the Property without obstruction, restriction, delay, partial access, or hazard.
1.15 Authority
“Authority” means the legal ability to bind the Customer to this Agreement. Any person requesting, scheduling, approving, or permitting Services at the Property represents and warrants they have Authority to do so.
Customer agrees Company may rely on the apparent authority of any person present at the Property or using Customer’s contact information to request or approve Services.
Customer assumes responsibility for any person granted access to the Property or Customer’s account or contact information, to the fullest extent permitted by applicable law.
1.16 Multiple Customers
If more than one person or entity qualifies as Customer, each is jointly and severally liable for all obligations under this Agreement, to the fullest extent permitted by applicable law.
1.17 Electronic Communications
“Electronic Communications” means any communication transmitted via the Client Hub, email, SMS, automated system, artificial intelligence (AI), chatbot, or similar technology.
Customer consents to receive Electronic Communications from Company and agrees that providing contact information constitutes consent to receive such communications.
Customer is responsible for maintaining accurate contact information.
Electronic Communications do not constitute Written Notice from Customer unless expressly permitted by this Agreement.
1.18 AI and Automated Systems
“AI Systems” means automated systems, artificial intelligence, chatbots, or virtual assistants used by Company to receive or respond to communications.
AI Systems do not have authority to bind Company.
Communications with AI Systems do not constitute notice, approval, cancellation, authorization, or modification of this Agreement.
1.19 Employee Confirmation
“Employee Confirmation” means written or electronically documented acknowledgment by an authorized employee of Company.
Verbal statements or informal communications, including statements made by technicians or field personnel, do not constitute Employee Confirmation.
Company may determine, in its reasonable discretion, which employees are authorized for purposes of Employee Confirmation.
Where this Agreement requires acknowledgment, approval, or confirmation by Company, such action is not effective unless Employee Confirmation is provided.
1.20 Receipt of Notice
Written Notice submitted outside Business Hours is deemed received at the start of the next Business Day, regardless of the time sent, delivered, or received.
1.21 Company-Observed Holidays
“Company-observed holidays” means holidays determined by Company and published or communicated in advance where reasonably practicable.
1.22 No Reliance on Informal Communications
Customer acknowledges that only communications made in compliance with this Agreement are intended to be binding on Company.
1.23 Email and Message Replies
Customer acknowledges that replying to emails, invoices, estimates, or other communications from Company does not constitute Written Notice, cancellation, rescheduling, or any binding request under this Agreement.
Company may, in its discretion, respond to such communications for customer service purposes; however, any response does not:
- Constitute acceptance of such communication as valid notice
- Modify the notice requirements of this Agreement
- Create any obligation for Company to treat such communication as compliant
Company does not guarantee that email or message replies will be monitored, reviewed, or acted upon for purposes of processing requests.
Prior responses to non-compliant communications do not waive Company’s right to require strict compliance with the Written Notice requirements of this Agreement.
1.24 Interpretation
Words in the singular include the plural and vice versa. References to any gender include all genders.
1.25 Including
The term “including” means “including without limitation.”
1.26 Application of Definitions
These definitions apply throughout this Agreement unless otherwise expressly stated.
1.27 Order of Precedence
In the event of a conflict between this Agreement and any estimate, invoice, or other document, these Terms & Conditions shall control unless expressly stated otherwise in writing by Company.
1.28 Headings
Section headings are for convenience only and do not affect interpretation.
1.29 No Waiver
Company’s failure to enforce any provision of this Agreement does not constitute a waiver of its right to enforce such provision in the future.
1.30 Reasonable Opportunity to Comply
Customer acknowledges that the notice and communication requirements in this Agreement are reasonable and designed to ensure accurate processing of requests and are consistent with standard business practices for service scheduling and documentation.
Company may, in its discretion, notify Customer if a communication does not comply with the requirements of this Agreement; however, Company has no obligation to do so.
Failure by Company to notify Customer of a non-compliant communication does not waive the requirement for strict compliance.
1.31 Customer Responsibility
Customer is responsible for following the communication and notice procedures set forth in this Agreement. Failure to follow such procedures may result in delays or inability to process requests.
2. ACCEPTANCE OF AGREEMENT
2.1 Binding Agreement
By signing an estimate, approving services, submitting payment, enrolling in recurring service, requesting or scheduling service, or permitting service to be performed, Customer agrees to be bound by this Agreement.
Customer’s acceptance may be evidenced by written, electronic, or conduct-based actions, including but not limited to use of the Client Hub, email confirmations, payment authorization, or allowing Company to perform Services at the Property.
2.2 Electronic Acceptance and Consent
Customer agrees that electronic approvals, digital signatures, online submissions, stored payment authorizations, and other electronic actions constitute valid and binding acceptance of this Agreement.
Customer agrees that this Agreement and any related records satisfy any legal requirement that an agreement be in writing.
2.3 Continued Use as Acceptance
Customer’s continued use of Services, failure to cancel in accordance with this Agreement, or continued access to Company’s services or systems constitutes ongoing acceptance of this Agreement and any updates made in accordance with its terms.
2.4 Authority to Bind
Customer represents and warrants that any person who accepts, approves, schedules, or authorizes Services has Authority to bind the Customer under this Agreement, as defined in Section 1.
Customer acknowledges that Company may rely on such authorization to perform Services and enforce this Agreement.
2.5 Acceptance by Performance
If Company performs Services at the Property at Customer’s request, or with Customer’s knowledge and without objection, Customer is deemed to have accepted this Agreement.
2.6 Opportunity to Review
Customer acknowledges that they have had a reasonable opportunity to review this Agreement prior to accepting Services.
Failure to review this Agreement does not affect its enforceability.
2.7 No Third-Party Beneficiaries
This Agreement creates rights and obligations solely between Company and Customer. No third party, including tenants, occupants, property managers, landlords, neighbors, guests, or insurers, shall have any rights under this Agreement.
2.8 Entire Agreement; No Reliance
This Agreement constitutes the entire agreement between Company and Customer regarding the Services.
Customer acknowledges that they have not relied on any statements, representations, or promises not expressly set forth in this Agreement.
2.9 No Waiver by Prior Conduct
Company’s prior acceptance of non-compliant communications, informal approvals, or deviations from this Agreement does not waive Company’s right to require strict compliance with this Agreement in the future.
2.10 Severability of Acceptance
If any method of acceptance described in this Section is found unenforceable, all other methods of acceptance shall remain valid and enforceable to the fullest extent permitted by law.
2.11 Services Not Contingent on Signature
Customer acknowledges that Company may perform Services prior to execution of a written agreement, and such performance does not waive or limit the enforceability of this Agreement.
2.12 Acceptance by Payment
Payment of any invoice or charge issued by Company constitutes acceptance of this Agreement.
2.13 Responsibility to Review Terms
Customer is responsible for reviewing this Agreement and any updates provided by Company. Continued use of Services constitutes acceptance of any updated terms in accordance with this Agreement.
2.14 No Requirement for Re-Execution
Customer acknowledges that continued use of Services does not require re-execution or re-signing of this Agreement for it to remain enforceable.
2.15 Appointment Confirmation Not Required
Customer acknowledges that appointment confirmations, reminders, or requests to confirm service are provided as a courtesy only.
Failure to confirm, respond to, or acknowledge such communications does not:
- Cancel or reschedule the appointment
- Affect Customer’s obligations under this Agreement
- Prevent Company from performing scheduled Services
Scheduled services remain valid unless rescheduled or canceled in accordance with this Agreement.
Customer is responsible for ensuring appointment accuracy and notifying Company of any required changes in accordance with this Agreement.
2.16 Customer Presence Not Required
Customer acknowledges that their presence at the Property is not required for Company to perform Services.
Company may perform Services in Customer’s absence if access is available, and such performance constitutes valid completion of Services under this Agreement.
2.17 No Cancellation by Silence
Failure to respond to communications, confirmations, reminders, or notices does not cancel, modify, or reschedule any service.
2.18 Customer Scheduling Responsibility
Customer is responsible for reviewing scheduled service dates and Service Windows and for notifying Company of any changes in accordance with this Agreement.
2.19 Refusal After Scheduling
Customer acknowledges that refusal of service at the time of arrival, or after Company has dispatched, routed, or arrived to perform Services, does not constitute cancellation.
Refusal of service does not relieve Customer of obligations under this Agreement, including any applicable charges, fees, or deposits.
Cancellation is only effective if completed in accordance with the cancellation and rescheduling provisions of this Agreement.
Company’s dispatch, routing, or arrival at the Property constitutes partial performance and resource allocation under this Agreement.
2.20 No Cancellation by Change of Mind
Customer acknowledges that acceptance of this Agreement creates a binding obligation.
Cancellation based solely on a change of mind, preference, or decision not to proceed does not relieve Customer of obligations under this Agreement.
2.21 Deposits and Reservation of Services
Customer acknowledges that any deposit, prepayment, or initial payment may be required to reserve scheduling, allocate resources, and commit Company to perform Services.
Such payments are not solely for completed Services, but also for reserving Company’s time, labor, routing, materials, and availability.
Company incurs costs and commitments upon scheduling, regardless of whether Services are ultimately performed.
2.22 Deposits Are Non-Refundable Except as Provided
Deposits and prepayments are non-refundable once Services are scheduled, except as otherwise expressly stated in this Agreement.
Eligibility for any refund, credit, or adjustment is governed solely by the cancellation and rescheduling provisions of this Agreement.
Customer acknowledges that such amounts represent a reasonable estimate of Company’s costs and are not a penalty, and are subject to the cancellation and rescheduling provisions of this Agreement.
2.23 Access Failure Not Cancellation
Customer acknowledges that failure to provide access to the Property at the scheduled time does not constitute cancellation or rescheduling.
Customer remains responsible for any applicable charges unless cancellation is completed in accordance with this Agreement.
2.24 Customer Information Responsibility
Customer is responsible for providing accurate Property details, access instructions, and contact information.
Errors or omissions in such information do not relieve Customer of obligations under this Agreement.
2.25 Third-Party Interference
Interference by tenants, occupants, property managers, employees, contractors, or other third parties does not constitute cancellation or relieve Customer of obligations under this Agreement.
2.26 Service Adjustments
Company may adjust, delay, or reschedule Services due to weather, safety conditions, or operational factors.
Such adjustments do not cancel Services or relieve Customer of obligations under this Agreement.
2.27 No Refund Absent Contractual Basis
No refund, credit, or adjustment shall be issued except as expressly provided in the cancellation and rescheduling provisions of this Agreement or as required by applicable law.
2.28 Good Faith Performance
Company will perform Services in good faith and in a commercially reasonable manner consistent with industry standards.
2.29 Coordination With Other Provisions
This Section governs acceptance of this Agreement. All scheduling, cancellation, fees, and refunds are governed exclusively by the applicable provisions elsewhere in this Agreement.
2.30 Availability of Terms
Customer acknowledges that this Agreement is made available prior to or at the time of scheduling, approval, or payment, including via Company’s website or Client Hub.
2.31 Compliance With Law
Nothing in this Section is intended to limit any rights that cannot be waived under applicable law. All provisions shall be enforced to the fullest extent permitted by law.
3. ELECTRONIC CONSENT & RECORDS
3.1 Electronic Transactions
Customer consents to transact electronically under the Electronic Signatures in Global and National Commerce Act (ESIGN) and the Texas Uniform Electronic Transactions Act (UETA).
Customer agrees that electronic communications, records, and transactions satisfy any legal requirement that such communications be in writing.
3.2 Binding Electronic Signatures
Electronic approvals, digital signatures, stored payment authorizations, online submissions, and other electronic actions by Customer constitute valid and legally binding acceptance of this Agreement.
Customer agrees that such actions are attributable to Customer where associated with Customer’s contact information, account access, device, or authorization.
3.3 Attribution of Electronic Actions
Customer is responsible for all electronic actions taken using Customer’s contact information, account, device, or access credentials.
Company may rely on such actions as authorized by Customer unless Customer provides prompt Written Notice of unauthorized use in accordance with this Agreement.
3.4 Statute of Frauds
Electronic records, signatures, and confirmations satisfy any legal requirement that an agreement be in writing or signed, to the fullest extent permitted by applicable law.
3.5 Electronic Communications Validity
Emails, SMS messages, Client Hub activity, system-generated confirmations, and other electronic communications from Company constitute valid business records and may be relied upon for purposes of documenting Services, scheduling, approvals, and disputes.
3.6 Record Retention
Company retains records in accordance with applicable laws and regulations, including requirements of the Texas Department of Agriculture.
Company retains records for at least the minimum period required by applicable law.
Company may retain, archive, or delete records beyond required retention periods in accordance with its internal policies and operational practices.
Customer acknowledges that Company is not required to retain records beyond legally required timeframes.
Absence, deletion, or unavailability of records outside required retention periods does not create a presumption of liability, wrongdoing, or non-performance by Company.
3.7 System-Generated Records
System-generated records, including timestamps, service logs, GPS data, routing records, call logs, automated system data, and similar records, may be relied upon as evidence of actions taken under this Agreement.
3.8 Customer Responsibility for Access
Customer is responsible for maintaining access to electronic communications, including email, phone, and Client Hub access.
Failure to receive or review electronic communications due to outdated contact information, spam filters, technical issues, or other factors does not affect the validity or enforceability of such communications.
Customer is responsible for timely review of communications.
3.9 Call Recording Consent
Customer consents to the recording and monitoring of phone calls and electronic communications for quality assurance, training, documentation, and dispute resolution purposes.
Company provides notice of recording at call initiation where practicable. Continued participation in any call after such notice constitutes consent.
Customer acknowledges that such recordings may be used as evidence in resolving disputes.
3.10 No Requirement for Paper Copies
Customer agrees that Company is not required to provide paper copies of records unless required by applicable law.
Company will provide copies upon reasonable request, subject to administrative fees where permitted by law.
Electronic records maintained by Company are sufficient for all purposes under this Agreement.
3.11 Security and Unauthorized Use
Customer is responsible for safeguarding their contact information, account access, and communication channels.
Company is not responsible for unauthorized access or use unless caused by Company’s gross negligence or willful misconduct.
3.12 Compliance With Law
Nothing in this Section is intended to limit any rights that cannot be waived under applicable law. All provisions shall be enforced to the fullest extent permitted by law.
3.13 Presumption of Accuracy
Electronic records, system logs, and communications maintained by Company constitute prima facie evidence of the matters they record and may be relied upon subject to applicable rules of evidence.
3.14 Customer Record Responsibility
Customer is responsible for retaining copies of all communications, approvals, and records provided to Customer.
Company is not responsible for maintaining or reissuing such records beyond reasonable requests.
3.15 Automated System Reliability
Customer acknowledges that Company may use automated systems, artificial intelligence, and software tools to generate records, logs, communications, and documentation.
Customer acknowledges that such systems may operate without human intervention.
Such outputs are valid business records and may be relied upon for purposes of documenting Services and resolving disputes.
3.16 Multi-Channel Communication Consent
Customer consents to receive communications from Company via email, SMS, phone calls, Client Hub notifications, and automated systems, unless otherwise prohibited by applicable law.
Where required by law, Customer may opt out of certain communications (such as SMS) using the methods provided; however, such opt-out does not apply to essential service-related communications.
3.17 Data Integrity
Company maintains records using commercially reasonable systems and practices.
Minor discrepancies, formatting differences, or technical inconsistencies that do not materially affect the substance of a record do not invalidate its accuracy or enforceability.
3.18 Online Transactions and Checkout Acceptance
Customer acknowledges that purchases, bookings, or payments made through Company’s website or online checkout system constitute electronic acceptance of this Agreement.
Completion of checkout, submission of payment, or clicking to accept terms constitutes a binding agreement.
3.19 Payment Authorization and Chargebacks
Customer represents that they are authorized to use the selected payment method.
Customer agrees to first contact Company in good faith to resolve any billing dispute.
Nothing in this Agreement limits Customer’s rights under applicable law or payment network rules; however, improper or abusive disputes for valid charges may be treated as a breach of this Agreement and may result in recovery of reasonable costs to the extent permitted by law.
3.20 Pricing, Availability, and Errors
Company reserves the right to correct pricing errors, service descriptions, or availability issues at any time.
If an error is identified, Company may cancel or modify the transaction and issue a refund if required.
3.21 Subscription and Recurring Billing Authorization
For recurring services or subscriptions purchased online, Customer authorizes Company to charge the provided payment method on a recurring basis in accordance with the selected service plan.
Customer is responsible for canceling recurring services in accordance with this Agreement.
3.22 Fraud Prevention and Verification
Company reserves the right to verify transactions, payment methods, and customer identity.
Company may delay, cancel, or refuse any transaction suspected of fraud, unauthorized use, or risk to Company.
3.23 Third-Party Payment Processors
Payments may be processed through third-party providers, including payment gateways and processors.
Company is not responsible for outages or failures outside its reasonable control.
3.24 Photographic and Video Documentation Consent
Customer consents to Company capturing photographs, video, and other visual documentation at the Property in connection with Services.
Such documentation may include images of the exterior, interior, attic spaces, crawlspaces, structural areas, pest activity, treatment areas, and service conditions.
Customer acknowledges that such documentation may occur in areas not visible during routine occupancy where Services are performed.
Customer acknowledges that such documentation is necessary for:
- Documenting Services performed
- Verifying conditions and access
- Quality control and training
- Regulatory compliance
- Dispute resolution
Company will use such documentation solely for these purposes and will not publicly disclose identifiable images of the Property without Customer consent, except as required by law or to resolve disputes.
Company will use commercially reasonable efforts to avoid capturing unnecessary personal or sensitive information; however, incidental capture does not constitute a violation.
Customer is responsible for notifying Company in advance of any restricted areas.
3.25 Access Codes and Entry Information
Customer may provide Company with access codes, gate codes, alarm codes, lockbox access, keys, or other entry information (“Access Information”).
Customer authorizes Company to use such Access Information to perform Services.
Customer acknowledges:
- Access Information is provided at Customer’s discretion and risk
- Customer is responsible for accuracy and updates
- Company is not responsible for failures or outdated information
- Company is not responsible for unauthorized access not caused by Company
Company uses commercially reasonable safeguards and limits access to authorized personnel.
Access Information is retained only as long as reasonably necessary.
Customer is responsible for changing or revoking Access Information after Services if desired.
3.26 Data Use and Privacy
Company uses Customer information and documentation solely to perform Services, communicate, comply with legal requirements, and resolve disputes.
Company implements commercially reasonable safeguards to protect such information.
3.27 No Obligation to Reconstruct Records
Company is not obligated to recreate, reconstruct, or recover deleted or unavailable records.
3.28 System Integrity
Company maintains electronic records using commercially reasonable systems designed to preserve the integrity of data.
The existence of administrative access or system capabilities does not, by itself, invalidate the reliability of such records.
3.29 Third-Party Records
Records generated or maintained by third-party systems used by Company, including communication platforms, payment processors, and routing systems, may be relied upon as business records for purposes of documenting Services and resolving disputes.
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:
- Customer is lawful owner or authorized occupant with authority to authorize services.
- No conflicting pest control contract prohibits service.
- Property conditions have been disclosed accurately.
- No undisclosed chemical sensitivities exist.
False representations void warranties.
6. CUSTOMER RESPONSIBILITIES
Customer agrees to:
- Provide safe, unobstructed access
- Secure pets and children
- Follow preparation and re-entry instructions
- Maintain sanitation, turf, drainage
- 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:
- Client Hub
- 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
All monitoring devices, electronic equipment, sensors, stations, traps, bait systems, termite systems, rodent systems, and any related materials, components, or hardware deployed or installed by Company (collectively, “Company Equipment”) are and shall remain the sole and exclusive property of Company unless explicitly stated otherwise in this Agreement.
No Company Equipment is transferred, conveyed, leased-to-own, or deemed sold by installation, use, presence on the property, or passage of time.
11.2 Explicit Ownership Exceptions
The following systems are not Company Equipment and are sold to and owned by Customer upon installation:
- In-wall pest control systems, including NWALL®
- Installed mosquito control systems
These systems are considered Customer-owned improvements and are not subject to retrieval, replacement obligations, or ownership claims by Company.
11.3 Pre-Existing Equipment and Systems
Customer acknowledges that the property may contain pest control devices, systems, or materials installed by third parties or prior service providers (“Pre-Existing Systems”).
Company is not responsible for the condition, performance, or replacement of any Pre-Existing Systems.
Company may, at its discretion, remove, disable, or replace Pre-Existing Systems as part of installing or servicing Company Equipment.
Customer agrees that:
- Removal or replacement of Pre-Existing Systems is authorized
- Company has no obligation to reinstall, restore, or replace any Pre-Existing Systems
- Company is not responsible for any loss of value, function, or coverage related to Pre-Existing Systems
Customer expressly authorizes Company to remove, disable, or replace Pre-Existing Systems as necessary to perform Services.
Customer is solely responsible for ensuring all necessary permissions from property owners, tenants, managers, or other third parties are obtained prior to installation, servicing, or removal.
11.4 Absolute Customer Responsibility
Customer assumes full, continuing responsibility for all Company Equipment from the moment of installation until physically retrieved by Company or paid for in full.
Customer shall act as custodian of Company Equipment while located on the property.
This responsibility applies regardless of cause, including third-party involvement, except to the extent prohibited by applicable law.
11.5 Customer Responsibility for Access
Customer is solely responsible for ensuring Company has safe, unobstructed, and continuous access to install, inspect, service, and retrieve Company Equipment.
Failure to provide access constitutes a material breach of this Agreement.
11.6 Scheduling & Access Coordination
Company shall determine service and retrieval scheduling based on operational routing and availability.
Customer is responsible for coordinating access with any third parties.
Company is not required to coordinate directly with third parties or accommodate third-party scheduling demands.
11.7 Reasonable Attempt Standard
A single scheduled visit by Company within an established service window constitutes a commercially reasonable attempt to access the property.
Customer agrees that a single scheduled visit constitutes a commercially reasonable attempt under normal operating conditions.
Company is not required to make multiple visits or repeated attempts.
11.8 Attempted Access Satisfies Obligation
ANY SCHEDULED VISIT OR COMMERCIALLY REASONABLE ATTEMPT BY COMPANY CONSTITUTES SATISFACTION OF COMPANY’S ACCESS OBLIGATION.
If access is not granted, it is deemed denial of access.
11.9 Documentation of Attempt
Company’s service logs, technician notes, timestamps, GPS records, photographs, and internal records constitute sufficient evidence of access attempt.
11.10 Customer Duty to Notify
Customer must notify Company in advance of any access limitations, including but not limited to gate access, lockouts, restricted hours, third-party control, physical barriers, ownership changes, or scheduling restrictions.
Failure constitutes denial of access.
11.11 Cooperation Requirement
Customer shall cooperate in facilitating access and retrieval.
Failure constitutes denial of access.
11.12 Third-Party Refusal
Refusal, delay, or restriction of access by any third party, whether authorized or unauthorized, is deemed denial of access by Customer.
11.13 Denial of Access / Property Transfer
If Company is unable to access the property to retrieve Company Equipment for any reason, including but not limited to:
- Property transfer
- Ownership change
- Tenant turnover
- Foreclosure
- Third-party refusal
- Scheduling restrictions
- Conflicting instructions
- Unsafe or weather conditions
- Government or legal restrictions
Customer shall immediately purchase all Company Equipment at Company’s then-current replacement value.
11.14 Loss, Removal, Damage, or Interference
Customer is responsible for all Company Equipment that is lost, removed, damaged, or made inaccessible by any cause, including third-party actions, whether authorized or unauthorized, except where caused solely by Company’s gross negligence or as otherwise prohibited by law.
11.15 Partial Loss
Customer is responsible for replacement value of each individual unit of Company Equipment not returned.
11.16 Return Requirement
Company Equipment is returned only when physically retrieved by Company or delivered to Company by Customer.
11.17 Availability Does Not Satisfy Return
Availability, presence, or accessibility does not constitute return.
Statements that Company “could have retrieved” Equipment do not satisfy Customer’s obligation.
11.18 No Obligation to Prove Loss
Company is not required to prove cause of loss or unavailability.
11.19 Independent Obligation to Pay
Payment obligation is independent of retrieval success or access conditions.
11.20 No Abandonment
Failure to retrieve does not constitute abandonment.
11.21 Replacement Value (Liquidated Damages)
Replacement value represents a reasonable and agreed pre-estimate of damages, including equipment cost, labor, deployment, administrative and operational expenses, and risk allocation.
Customer acknowledges replacement values are predetermined, commercially reasonable, and not subject to recalculation based on actual cost at the time of loss.
These amounts are agreed liquidated damages and not a penalty.
Replacement values may be updated periodically.
11.22 Time of Valuation
Replacement value is determined as of the date Company assesses loss or non-return.
11.23 Authorization to Charge
Customer authorizes charges for replacement value, service calls, retrieval attempts, and administrative costs, including internal processing, scheduling, documentation, and collection-related expenses, as permitted under Section 7 (Payment Authorization & Stored Credentials).
11.24 No Duty to Mitigate
Company has no obligation beyond a commercially reasonable attempt, to the extent permitted by law.
11.25 No Waiver by Conduct
No conduct waives rights.
11.26 No Demand Required
No prior demand required.
11.27 No Setoff
Customer may not withhold or offset payment.
11.28 Risk of Loss
Customer bears risk except for Company gross negligence.
11.29 Site Conditions Disclaimer
Company is not responsible for Equipment performance affected by site conditions, including structural, environmental, or sanitation factors beyond Company’s control.
11.30 Weather and Environmental Conditions
Company may delay or decline access due to unsafe conditions, as determined in its reasonable judgment based on safety, accessibility, or operational feasibility.
Delay or cancellation due to such conditions shall still satisfy Company’s obligation to make a commercially reasonable attempt.
11.31 No Obligation Under Unsafe Conditions
Company is not required to perform under unsafe or impractical conditions.
11.32 Delay Does Not Shift Responsibility
Delays do not reduce Customer responsibility.
11.33 No Guarantee of Recovery
Company does not guarantee recovery once access is restricted.
11.34 Deemed Acceptance of Installation
For purposes of this Section, a “Business Day” means Monday through Friday, 8:00 AM–6:00 PM Central Time, excluding holidays.
“Service completion” means the date Company performs or attempts the scheduled service.
Customer accepts installation unless written objection is submitted within three (3) Business Days after service completion through:
- Company Client Hub (Company’s designated online customer portal); or
- Certified U.S. Mail
11.35 Survival
Obligations survive until Equipment is returned or paid.
11.36 Cumulative Remedies
Company retains all rights and remedies available at law or in equity, including recovery of damages, enforcement of payment, and collection or legal action.
11.37 Headings Not Limiting
Section headings are for convenience only and do not affect interpretation.
11.38 Section Severability
If any provision of this Section is found unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.
12. WARRANTY VOID CONDITIONS
Warranty void if Customer:
- Uses third-party pest services
- Uses DIY chemicals
- Fails to follow instructions
- 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 Arbitration 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, 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.