Customer = Person contracting for services with Humane Wildlife Control Solutions listed above under "Customer Information"
HWCS = Humane Wildlife Control Services, LLC
Humane Wildlife Control Solutions = HWCS
TERMS. Customer understands that the Humane Wildlife Control Services, LLC (HWCS) liability under this Agreement is limited to providing a wildlife pest control service only and in no way, implied or otherwise, is HWCS liable for personal injuries or damage to persons, property, birds, animals, vegetation or any other damages whatsoever, including consequential and incidental damages, arising from this service. HWCS liability is specifically limited to the labor and products necessary to eliminate covered wildlife. Customer understands that when attempting to remove wildlife the time for removal cannot be quoted and the duration is at the technicians discretion. Customer understands that it may be necessary to intentionally or unintentionally damage the property as a result of wild animal removal and agrees that HWCS is not liable in any way for damages incurred as part of our service. Customer agrees that any information verbal or written provided to Customer outside of this Agreement cannot modify this Agreement in any way.
PAYMENT POLICY. Customer agrees that HWCS does not allow post-paid billing agreements due to the nature of the service and the cost of equipment left at the customer premises. There will be a $35.00 fee for all returned checks. Customer may elect to pay a technician directly via check for services rendered or make the check payable to company. Customer agrees that, regardless of the payee listed on the check, HWCS is hereby authorized to utilize all legal means collect the balance of all returned checks and that this agreement and terms apply to checks written directly to an HWCS contractor. Interest charges in the amount of 1½ percent, 18% annually, will be applied on unpaid balances over 15 days. Customer agrees that all payments made are funal and not refundable.
NON-PAYMENT DEFAULT. Humane Wildlife Control Solutions (HWCS) may terminate this agreement and send the outstanding balance to collections if payment is not received within ten (10) days from the date of service. In the event collection and/or legal action is necessary to collect money due, HWCS shall be entitled to recover from Customer all reasonable costs of collection, including reasonable attorney's fees and expenses, in addition to the outstanding balance due.
ACCEPTANCE OF CREDIT CARDS. Customer may elect to pay by credit or debit card for services rendered by HWCS. Customer agrees that all credit card and debit card charges are final and may not be disputed. In the event that a customer chooses to dispute a credit card charge with the card issuer the customer is liable for all fees incurred by HWCS in the dispute process and in the event the dispute is not resolved in HWCS' favor the customer will be placed into collections and/or taken to court for the outstanding balance amount plus all reasonable costs of the dispute and collection, including reasonable attorney fees and expenses.
CONTACT WITH CLIENT AND CLIENT RESPONSIBILITY. In the event HWCS is unable to contact a client within 48 hours, HWCS may elect to cancel and/or suspend service to the location until contact with the client is made. HWCS may elect to have client monitor any trapping activity occurring on site and client is to immediately notify HWCS of any changes with HWCS equipment or the wildlife we are attempting to control. HWCS makes every effort to respond to a trapped animal within 24 hours of being notified the animal is in the trap. Customer is responsible for HWCS equipment left on site as part of its service and agrees to reimburse HWCS for the cost of this equipment in the event it is lost, stolen or otherwise damaged as a part of the service.
SAFETY POLICY. In the event a technician or HWCS determines that is unsafe on Customers property the technician and/or HWCS may choose to discontinue services to that location. Customer agrees that they will not use harassing or otherwise inflammatory or defamatory statements when speaking with any representative of HWCS. Customer agrees that they will never now or in the future disparage HWCS or any of its agents or otherwise take any action which HWCS, at its sole discretion, determines could reasonably be expected to adversely affect the personal or professional reputation of HWCS or any of its agents or employees. For purposes of this section, disparage shall mean any statement determined by HWCS, whether written or oral, to be negative. Customer agrees to and is immediately assessed by HWCS a fee in the amount of $5,000 for each and every violation of the safety policy section, including but not limited to disparagement and/or negative statements. Customer agrees that the safety policy section (including the disparagement section) of this contract continues in perpetuity from the date services are started and/or payment is made and/or this agreement is signed. HWCS at its discretion may modify the fee amount lower than the agreed amount or waive the fee entirely. Customer is liable to HWCS all reasonable costs of collection, including reasonable attorney's fees and expenses, in addition to the outstanding fee due under this section.
GOVERNING LAW AND JURISDICTION. The Agreement is governed by and construed under the laws of the State of Louisiana, without reference to its conflict of laws provisions. Any dispute or claim arising out of or relating to the Agreement or claim of breach hereof shall be brought exclusively in the federal court for the Eastern District of Louisiana or the 22nd Judicial District Court of the State of Louisiana. By execution of the Agreement, Customer and HWCS hereby consent to the exclusive jurisdiction of such courts, and waive any right to challenge jurisdiction or venue in such courts with regard to any suit, action, or proceeding under or in connection with the Agreement.
By starting services and/or signing this Agreement and/or making a payment I certify that I have read and fully understand the provisions of this service agreement with all its terms and conditions without limitation, and it being specifically understood that Humane Wildlife Control Services, LLC and Customer are bound only by the terms and conditions of this service agreement and not by any other representations oral or otherwise.