Customer = Is the person contracting for services with Humane Wildlife Control Services, LLC listed above under "Customer Information"
HWCS = Means Humane Wildlife Control Services, LLC dba as Humane Wildlife Control Solutions, and/or any of its brands, DBAs and/or subsidiaries.
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. Customer agrees that while they may have booked through a third-party, all work being done is exclusively by HWCS.
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 any check, HWCS is hereby authorized to utilize all legal means collect the balance of all returned checks and that this agreement and terms shall also 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 final and non-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 and/or if any payment is revoked in any manner. 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 irrevocable, undisputable and may not be charged back, contested or challenged now or in the future and that doing so is a material breach of this agreement. In the event that a customer disputes 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 at HWCS' discretion for the outstanding balance amount plus all reasonable costs of the dispute and collection, including reasonable attorney fees and expenses. HWCS shall solely determine the reasonability of any fees and expenses, including attorney fees, incurred in an attempt to collect the debt. Customer further agrees that a copy of the paid invoice is all that is necessary to establish to the customers credit card company, agency or banking institution to deny a chargeback to Customer. Customer agrees to have the credit card used placed on file with HWCS and/or its payment processor for future use.
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 taken, lost, stolen and/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 HWCS may terminate service without refund for any violation of this agreement at any time. 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 and/or any of its agents or employees, and/or any of its affiliated companies subsidiaries or "doing business as" (DBA) registrations. For purposes of this section, disparage shall mean any statement determined by HWCS, whether written or oral, to be negative and/or untrue. 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.
NDA. Customer agrees that all processes, work and methods used are confidential in nature and shall not be disclosed to any third party and/or governmental agency and/or any other individual or company without written consent from HWCS. Customer agrees that they will not now or in the future disclose any detail or details about the service or services to anyone, including non-profit organizations, businesses and governmental agencies. Customer agrees to and is immediately assessed by HWCS a fee in the amount of $5,000 for each and every individual violation of the NDA, including but not limited to inadvertent and/or unintentional disclosure. HWCS, in its sole discretion, shall determine both what is a violation of this section and the number of individual violations committed by Customer. HWCS at its discretion may modify the fee amount lower than the agreed amount or waive the fee entirely. Customer agrees that the NDA section of this contract continues in perpetuity from the date services are started and/or payment is made and/or this agreement is signed. 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.
CAMERA AND AUDIO POLICY. Customer agrees that all audio, images, video or other tracking and/or monitoring and/or recording equipment that capture any part of the work HWCS is doing and/or technician activity on site may not be released in any form to anyone under any circumstances and shall be kept confidential by Customer. Customer agrees that all recordings and/or images and/or audio captured while HWCS is working on the Customers property are confidential in nature and shall not be disclosed to any third party and/or governmental agency and/or any other individual or company without written consent from HWCS. In the event Customer allows, intentionally or unintentionally, the disclosure of images of HWCS, HWCS owned-equipment or HWCS staff customer is liable for a $5,000 fine per image. In the event Customer allows, intentionally or unintentionally, the disclosure of audio and/or video of HWCS, HWCS owned-equipment or HWCS staff customer is liable for a $5,000 fine per second of disclosed video and/or audio. If the disclosure is less than a second it shall be considered a second for the purposes of this section. Customer shall police and/or inspect his or her property to ensure that no third party, government agency, non-governmental organization and/or other individual may take photos, video and/or audio recording of HWCS' work or staff. Customer is liable under this section for the violation of this section by anyone visiting their property and/or any other inhabitants of the property. HWCS, in its sole discretion, shall determine both what is a violation of this section and the number of individual violations committed by Customer. This section shall survive in perpetuity and Customer shall never disclose the content referenced in this section now or anytime in the future. Customer is required to immediately destroy any pictures, images and/or video captured of HWCS and/or HWCS' staff and/or equipment. Violation of any part of this section section is a material breach of this agreement and services will be immediately terminated without refund. In the event HWCS and/or its staff incur any legal issue (criminal or civil) arising from a violation of the camera and audio policy the Customer is hereby obligated to cover the entire cost HWCS and/or its staff incur. This shall include but not be limited to all legal representation fees, court costs, fines and/or seizures of personal and/or real property.
PERSONAL GUARANTEE. The undersigned agree and acknowledge that he/she/they/it (“Guarantor”) are signing this Agreement in Guarantor’s individual capacity, as well as in Guarantor’s capacity as a person authorized to execute this Agreement on behalf of the Customer. Guarantor understands that Guarantor’s selecting the "I agree to the Humane Wildlife Control Services, LLC Terms & Conditions" tick box when making a payment and/or starting services and/or signing this Agreement and/or making a payment the Guarantor is legally bound by this agreement and its terms and conditions which makes Guarantor personally responsible and liable for all of Customer’s present and future indebtedness to HWCS and for all other liabilities of Customer to HWCS. Guarantor jointly and severally personally guarantees performance of all obligations, and payment of all indebtedness, of Customer to HWCS including all renewals, modifications, and extensions of such obligations or indebtedness. Guarantor waives the benefit of any limitations affecting Guarantor’s liability hereunder or the enforcement thereof to the extent permitted by law. Without limiting the generality of the forgoing waiver, Guarantor’s personal guaranty shall not be deemed to be suspended, stayed, released, terminated, limited, or discharged by: (i) any modification, substitution, settlement, supplement, extension of time, or compromise with or granted to Customer; (ii) any change in the relationship between Guarantor and Customer, including the sale of any or all of Guarantor’s ownership interest in Customer; (iii) the execution of any new or additional guarantees by Guarantor or by others; (iv) any change whatsoever in the business relationship between HWCS and Customer, including but not limited to any change in payment or credit terms, amount of credit, or amount of service charges; (v) any transfer by anyone of new or additional security for payment of Customer’s indebtedness or performance of Customer's contractual obligations to HWCS; (vi) the bankruptcy of Customer or an assignment for the benefit of creditors by Customer.
ON SITE ACTIVITY. It is generally accepted that it is the customers responsibility to visually observe the trap(s) daily and notify HWCS when an animal is trapped or the trap needs to be reset. If the customer is not able to check the traps daily and/or will not be residing at the service address, they must notify HWCS immediately. HWCS may elect to place camera and/or remote monitoring devices on customers property to monitor activity and/or check traps. HWCS is not liable in any way for any images and/or video taken that may be inappropriate and/or unlawful. It is a material breach of this agreement for the Customer and/or anyone else on Customer's property to tamper with, change or touch HWCS owned equipment. HWCS may impose an additional fee of $100 per incident, in addition to any other remedies provided under this agreement, when a member of its staff is required to respond to HWCS' equipment that has been tampered with. HWCS solely determines what constitutes tampered with equipment and may modify or waive this fee at any time. Customer is hereby notified that our staff will contact law enforcement and/or enforce HWCS' rights in the event of trap tampering and/or any other activity that HWCS in its sole discretion constitutes illegal activity that may potentially negatively affect HWCS and/or its legal authority in providing service to the Customer. Customer grants to HWCS and/or its staff and/or anyone authorized by HWCS an irrevocable license to enter into and/or access Customers property while HWCS is servicing the property. Customer is hereby notified that they are additionally specifically unauthorized to deny HWCS and/or its staff access to Customers property to retrieve equipment and/or search for equipment. HWCS shall solely determine when it has ceased servicing the property and shall not be denied access until HWCS provides specific e-mailed notification to the customer that it is no longer servicing the property.
EXCLUSION WORK. Customer agrees that inspection of property may not reveal all animal damage and that any repair work done as a part of our exclusion services may not fix damage unseen and/or missed. Any tampering with, touching and/or modifications by any person to any work done by HWCS immediately invalidates and terminates any guarantee or warranty given on the work. Customer is advised that exclusion work must be re-inspected by HWCS or its designee once yearly or any guarantee or warranty on the work is invalidated, terminated and immediately voided. A fee will be charged for this inspection.
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 civil dispute or claim arising out of and/or relating to the Agreement or claim of breach hereof shall be brought exclusively in a Louisiana Justice of the Peace Court, federal court for the Eastern District of Louisiana and/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 civil suit, action, or proceeding under or in connection with the Agreement. Any criminal actions reported by HWCS to a governmental agency, body and/or its staff shall be brought in the jurisdiction in which they occurred. Criminal actions shall include, but no be limited to, returned check prosecutions which are not civil in nature and/or meet the requirements of the local prosecuting authority for criminal charges. In no way does this agreement prohibit HWCS and/or its staff from reporting criminal activity of the Customer and/or any other person or group to any law enforcement agency.
TERMINATION, ENFORCEABILITY AND MODIFICATIONS TO AGREEMENT. In the event any part of this agreement is determined by a court to be unenforceable all segregable portions shall remain intact and enforceable by HWCS. Subject to the limitations of applicable law, we may at any time change this Agreement and/or remove any part of this Agreement and/or add new terms or conditions to this Agreement. At all times the most current version of the terms of this Agreement will be posted on our "Terms of Service" page of the HWCS website. The URL of that page may be obtained upon request by any Customer via a certified letter accepted and signed for by a member of HWCS' ownership. It is also linked to from the main page of the HWCS website. We may, in our sole discretion, cancel or suspend this Agreement or any services being provided at any time, with or without cause, and without prior notice to you.
By selecting the "I agree to the Humane Wildlife Control Services, LLC Terms & Conditions" tick box when making a payment customer legally certifies that they were presented with these terms and have read and fully understand the provisions of this service agreement with all its terms and conditions without limitation, and it is 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. In the event that the customer was not present at the time of sale the customer agrees that the terms were made available to them and a copy is available and/or was offered via e-mail for their review to the address provided either prior to or at the time of sale. If customer was not offered and/or declined to have the receipt and/or invoice containing this Agreement e-mailed while making a phone payment these terms are still in effect. Customer is also notified and agrees that the terms of this Agreement are freely available on the HWCS corporate website for review before, during and after the sale. Additionally, customer understands that by starting services and/or signing this Agreement and/or making a payment the customer is legally bound by this agreement and its terms and conditions.