What is a Pest Control Contract?
The pest control contract is an essential tool in the business of pest control. It governs the relationship between the pest control company or operator and the consumers of their services. Despite their importance, many consumers have little understanding of the pest control contract or its purpose. A typical pest control contract will have from three to thirty pages, and longer agreements are not uncommon. Excluding the schedules which are attachments to the contract , the basic contract will have three or four standard features. They include: First, the pest control products to be applied including type and frequency of application. Second, payment terms and amounts due. Third, consumer obligations under the contract including but not limited to access to structures, pets, pest removal prior to service, and payment of fees. Fourth, limits on damages and liability for pest control companies or operators.
Typical Terms in Pest Control Agreements
Before entering into an agreement with an exterminator, it is a good idea to familiarize yourself with some of the more common components of pest control agreements:
Service schedules. Pest control services can vary in schedule. Some exterminators will provide weekly service, and others will just be called for a service when issues arise. Some pest control companies might offer more comprehensive seasonal services. Understanding how often you will be paying for pest control services is important because it can help you budget for dealings with an exterminator.
Methods used. While there are many types of pest control methods, most usually include some type of chemical or spray used outside the home. Bedbugs, however, are a different story, and often require heat treatment as a means of extermination. It is important that you understand what type of pest control methods will be used in your home so that you can choose an exterminator that uses the most effective methods for the type pest problem you are having.
Client responsibilities. When an exterminator agrees to provide services, this does not mean that there are no expectations for the client. It is a good idea to become familiar with any equipment that will need to be moved or objects that will need to be cleared from certain areas of the home, how often the exterminator needs to be contacted for service, and what obligations the client has as far as making the home accessible, etc.
Common Types of Pest Control Services
Various types of pest control services can be incorporated into a pest control services contract. A pest control contract can be utilized for residential, commercial, or specialty pest control services.
Typical classification of residential and commercial pest control services is a substantial component of a pest control services contract. With residential and commercial pest control services, the extermination of insects, rodents, and other inbound or infiltrating pests are the focus of the services of the pest control services contract.
New construction pest control services are also commonly included in these types of contracts. Therefore, extermination services can be provided prior to opening a new commercial business while the property is under construction.
Additionally, pest control service contracts often include mosquito control services. Not only is mosquito control a benefit to residential property owners to help reduce the invasive and troublesome biting of mosquitoes, but it can also be used as a deterrent to mouse and other rodent activity.
Specialty pest control services may include termite treatments or termite bonds and other pest control services to protect residential or commercial properties against carpenter ants and other wood boring insects.
Why You Need a Pest Control Contract
Having a pest control contract provides the homeowner with numerous benefits. The first is cost effectiveness. Usually, maintaining a pest control contract allows you to save money on your overall pest management. This is somewhat common sense. If you have an ongoing relationship with a pest control company, they will be more motivated to keep you as a customer, so they charge less in the long run to keep you happy and returning.
Second, if you have a pest control contract, you will receive regular maintenance at certain intervals. This regular maintenance, depending upon your particular home and comfort level, will generally be every two or three months. It is important to remember that when pests are involved, timing is crucial. It is better and more effective to spray for ants in July than to wait until they are coming inside during the holidays. This is another critical benefit to having a pest control contract.
Third, the most valuable benefit is the professional experience you receive when using the same pest control company over and over. Reputable pest control companies have been in business for a long time and have developed a relationship with the local and state governments. These companies know how much pest control to use and which systems work best in your area. Many times they will have alternative forms of pest control that do not involve pesticides, which can save you money and protect the environment.
If a pest control company has been keeping your home a healthy environment for many years, it is likely that they know how to get rid of pests without using toxic chemicals. Many times pest control technicians will have a college degree in soil science, entomology, or biology, so pest control can be performed in an ethical and environmentally safe manner.
How to Select a Pest Control Company
When searching for a pest control provider, there are numerous important factors that must be considered. Some of these factors include: Licensure It is critical that all pest control providers be properly licensed and registered with the state. State mandates vary depending on the type of services provided. Any provider may be verified and confirmed on the state government’s website (i.e. Department of Consumer Protection). Experience Experience relates to the number of jobs that have been completed by the pest control provider. Although every provider has to start somewhere, new companies are not usually the most reliable option. When considering a pest control provider, their experience level should be taken into consideration. It is recommended that the chosen pest control provider should have experience and training in all areas of pest control maintenance. Reputation The reputation of a pest control provider is crucial so that the target property receives the highest possible level of treatment. While one recommendation is to check with various online resources, including online review sites, the provider should also be checked with the Better Business Bureau. If the provider has received negative feedback in the past, then it is best to seek the services of a different provider . Listings with the BBB should be verified for reviews, complaints and if they have been flagged for predatory business practices. Always perform research to determine if there are any formal or informal complaints filed. Knowledge is power when choosing a provider and how to best utilize them. Customer Reviews In addition to verifying the company’s licensing, training and experience, research by asking other people is recommended. Talking to other clients who have recently used the provider will help to reveal what was learned from their experiences. If a company is not willing to provide recent client testimonials or references, then do not use their services. What does the Better Business Bureau report say about the provider? Do they have any ratings or reviews on Yelp, Angie’s List, Foursquare, CitySearch or any other online review sites? What do their social media profiles say about them? Have they received any complaints or praise on Twitter or Facebook? Conclusion When searching for a pest control provider, ask the right questions to ensure the best possible provider is selected. The key elements to look for when selecting a pest control provider include license information, experience, reputation and customer reviews while doing thorough research and to elicit concerns before proceeding.
Common Provisions and Terms in Pest Control Contracts
Pest control contracts or agreements should always include certain standard clauses and terms for the benefit of both parties. This section provides a breakdown of these common clauses as well as standard renewal terms and cancellation policies.
Liability
Most pest control contracts will include a liability clause. Standard versions of this liability language usually consists of an assumption of liability and/or a disclaimer. For instance: Company agrees to indemnify, hold harmless, and/or defend Customer from any and all claims…. arising in whole or in part from… : (a) any personal injury… to any person… arising from the acts or omissions of [Company]…, or (b) property damage… arising from the acts or omissions of [Company]… To the fullest extent permitted by law, [Company] and its sub- contractors have no ability or responsibility for the acts or omissions of [Customer]… or its invitees. The liability of [Company] for breach of this Agreement is limited to the payment made by Customer for the specific service rendered to Customer’s property.
Termination and Renewal
Termination and renewal clauses define the duration of the contract and the process for the automatic renewal of the contract. Most pest control contracts have terms ranging between one to two years and often include a clause indicating that unless either party gives written notice of intent not to renew thirty days prior to contract expiration, the contract will automatically renew for an additional one-year term. An example of a renewal clause can be found below: This Agreement shall take effect on the [date effective contract], and continue for a period of one (1) year. This Agreement may be renewed for successive one (1) year periods, provided that notice of intended non-renewal is given in writing, thirty (30) days prior to the expiration of the term hereof.
Inspection Order and Right of Entry
Most pest control contracts contain a provision requiring access to the premises for performing inspections and/or treatment. Language specifying where and how inspections are to be conducted should also be specifically set forth in the contract (e.g. through outlets, conduits, attic access… etc.). A sample inspection order provision is noted below: ARRANGEMENTS FOR INSPECTION ORDER AND RIGHT OF ENTRY. Recess and ground level outlets are to be open at time of service. Outlets in the attic are to be accessible from a pull down stairs or other access point. This Agreement authorizes Company to enter the property and to assess the conditions and provide extermination and/or prevention services. This Agreement also authorizes the Company to take the necessary measures to control and prevent infestations, including but not limited to, the application of materials in the interior of the structure or on the grounds surrounding the structure. At the time of each service, any areas requiring retreatment will be noted on the service form and discussed with Customer. Interior inspections and treatments will be scheduled based on the availability of the customer and the accessibility of the impacted area(s) which must be accessible at the time of the scheduled inspection and treatment.
Reading the Small Print
Many people don’t read everything they sign, in fact it could be said that too many people in California don’t read anything they sign. Rather big contracts, service agreements, credit card applications, insurance contracts and even lease agreements are frequently signed without reading the terms and conditions. The result of this cavalier attitude is that people are taken by suprise when problems arise with the transaction of relationship that arises from signing the contract. The same problem exists regarding pest control contracts.
A key to avoiding suprises arising from signing a pest control contract is to first to understand the reason the pest control company can require you to enter into a contract. That requirement is most likely a specific regulation found in the California Code of Regulations. The particular regulations can be found at Title 26. Section 2270 through 2279. A specific section is 2273, which requires that before the application of any pesticide to property, the pest control operator or pest control company shall obtain authorization to apply pesticides. Specifically regarding fumigation, regulation 2274 says in part:
(a) When the fumigation of structures, occupied or not, is proposed, the operator or company shall fully inform the owner or person in control of the structure of the following items at the time or prior to entering into a contract or agreement:
- (1) That the structure will be sealed to prevent escape of gases and to exclude entry of unauthorized persons during the period that the article is underneath the tarp.
- (2) That the sealing of the structure may cause the accumulation of combustion gases from exhaust appliances with the possible result of damage to the structure.
- (3) That at all times during the occupancy of the structure by the operator and its employees, the owner or person in control shall await directions from the operator or its representative; that smoking, eating, drinking or use of cosmetics for human application are prohibited; and that open flames, including matches or candles, shall not be allowed in the area of the fumigation.
These regulations do allow the pest control company to require a contract, or at least a written agreement, prior to the application of pesticide material. Specifically, the contract must be for the purpose of providing pest control services that directly involve pesticide use. However, even if you are not fumigating, a pest control company can still require a contract that allows you to schedule, for example, periodic periodic treatments for any type of insect or rodent pest infestations that you may have. If it has holes in the agreement, and does not mention that the terms can be changed as agreed upon between the parties, you may be able to terminate your contract for reasons that you may want to legally avoid if you can.
FAQs About Pest Control Contracts
**Q: What factors generally determine the cost of pest control contracts?**
A: Pest control contract prices are typically based on the level of service(s) being purchased, with higher elevations of service costing more. Some factors may cause standard rates to vary such as the size of the property, geographical region, and any other additional services you may be buying.
**Q: Are services performed as part of a contract guaranteed to be effective?**
A: Most reputable pest control providers will be able to guarantee their services based on the strength of the chemical(s) used to treat your home or property .
**Q: What is typically the length of most pest control contracts?**
A: Most contracts are typically for one calendar year in length but this is not always the case. Sometimes they can be for a single occurrence, or others can be indefinite for the duration of the agreement.
**Q: How often is a pest control contract typically serviced?**
A: Again, this can vary from contract to contract. Most pest control contracts involve semi-annual to quarter seasonally contracts however some contracts may only involve bi-annual or annual treatment.
