Terms and Conditions of Use
The following Terms of Use is a legal contract between an individual user and Coastal Mosquito and Tick LLC
DISCLAIMERS
Mosquito Fogging Guarantee and Disclaimers
Coastal Mosquito and Tick guarantees the 3 step process will be followed at each service. If customer is on a 21 day maintenance plan, any treatments needed to control mosquito activity between services will be done at no additional charge. Disclaimer: This call back service guarantee is for maintenance plans only. It does not apply to pay as you go or single treatments.
Service Agreement Terms of Service
CLIENT SATISFACTION GUARANTEE: Coastal Mosquito and Tick’s100% Satisfaction Guarantee
Your complete satisfaction is important to us. If you are not completely satisfied with your mosquito control treatment, contact the Coastal Mosquito and Tick office within 21 days of that treatment for a re-spray at no additional charge. 100% guarantee limited to full season service agreement members.
MODIFICATIONS. Modifications to the Services or this Service Agreement will be made only when a written addendum describing such modifications has been signed both by Client and by Service Provider. There may be additional charges for any changes.
LICENSES AND INSURANCE. Service Provider shall maintain Comprehensive General Liability insurance and all applicable local, state of federal licenses required to perform the Services.
DISCLAIMER AND INDEMNITY. In consideration of the services performed under this service agreement, the undersigned agrees to indemnify and forever hold Coastal Mosquito and TIck and its agents harmless for any damages or claims resulting from or arising out of the delivery of such services.
SERVICE DELAYS AND FORCE MAJEURE. Service Provider is not responsible or liable for delays in the commencement or completion of the Services that are a result of conditions beyond Service Provider’s control (including for example weather, strikes, or a suppliers inability to provide materials.) If Client fails to make a scheduled payment, Service Provider may elect to postpone its performance of the Services under this Service Agreement and schedule continuation of the Services at its discretion after receipt of all amounts due and payable. Delays caused by such events do not constitute abandonment.
ENFORCEABILITY. If any provision, sentence, phrase or word in this Service Agreement or the application thereof to any person or circumstance other than those as to which it is held invalid shall not be affected thereby.
DISPUTES. This Service Agreement is made and shall be construed under the laws of the State of New Jersey. Except as set forth below, if any controversy or claim arises out of or relates to this Service Provider, or the breach thereof, and if said controversy or claim cannot be settled through direct discussions, the parties agree to first endeavor to settle the controversy or claim in an amicable manner by mediation. The parties may agree to mediation and arbitration by the Better Business Bureau (if applicable). It is further agreed that any efforts by Service Provider to collect amounts due or any part thereof will not be subject to the mediation and arbitration provisions set forth above. Client will pay any collection expense, court costs,and reasonable attorney’s fees which may be incurred in such collection efforts. CLIENT HEREBY WAIVES ANY AND ALL RIGHTS CLIENT MAY HAVE TO A JURY IN ANY SUIT HEREUNDER.
LIQUIDATED DAMAGES. Should Client fail to fulfill its obligations under this Service Agreement in addition to any other remedy at law or in equity that Service Provider may have otherwise provided herein, Service Provider may retain as liquidated damages and not as a penalty, all consideration paid by Client to Service Provider, including, but not limited to the payments referenced above.
NO WAIVER OF RIGHTS. Service Provider’s failure to exercise a right or remedy or Service Provider’s acceptance of a partial or delinquent payment, will not operate as a waiver of any of Service Provider’s rights, or Client’s obligations, under this Service Agreement and will not constitute a waiver of Service Provider’s right to declare an immediate or a subsequent default of this Service Agreement.
ENTIRE AGREEMENT. This Service Agreement contains the entire understanding and agreement between the parties with respect to the Services and supersedes all prior or contemporaneous written and oral agreements and understandings with respect to the subject matter hereof. NO ORAL PROMISES OR AGREEMENTS ARE A PART OF THIS SERVICE AGREEMENT