Terms and Conditions

Subject to any limitations or restrictions set forth in the Graph, Specifications, General Terms and Conditions below and the following provisions, Pestban, LLC will put into effect a retreat and repair guarantee which obligates Pestban, LLC to retreat and repair any new damage to my structure or contents caused by Subterranean Termites, up to $1,000,000, only after the final installation of the (”System”). The damage repair will be available provided that said damaged areas are infested with live Subterranean Termites, that it is during the effective period of my guarantee and that if it occurs within the confines of the foundation walls of the structure and adjacent areas, and unless expressly identified as covered, and does not pertain to support members, steps, wood decks adjacent to the structure, hot tubs, lattice work, landscaping timbers, fences, or any other wooden appurtenances associated with this structure. All these are excluded from the damage warranty. Such areas will be covered for retreatment only. I understand that I can hold Pestban, LLC responsible for repairs only when they are made with Pestban, LLC’s written approval, and under Pestban, LLC’s supervision and control. I understand that Pestban, LLC’s liability for repairs is limited to structural and content damage only, ad that Pestban, LLC’s obligations shall not exceed actual cost of repairs and/or replacement. Pestban, LLC is not responsible for the repair of visible or inaccessible damage as of the date of this contract. This guarantee expressly excludes Drywood Termites, Aerial (above ground) infestation of any kind, or any other Wood Destroying Organisms such as, but not limited to, Carpenter Ants, Wood Boring Beetles, Powder Post Beetles, and Wood Decaying Fungi.

Conducive conditions can be defined as (but not limited to) any condition around, in, or under a building or structure that favors the presence of termites, such as areas where there is structural wood to ground contact, wood debris in crawl, excessive moisture, improper ventilation and stucco/veneer/RBI below grade. (See #6 and #7 below)

1. Owner will allow timely and convenient access to property to perform necessary treatments, service, and inspections.
2. Owner will make necessary corrections to property as recommended to prevent new and correct existing conducive conditions as defined in Section A.
3. Owner will keep the baited/monitored areas free from any factors contributing to infestation, such as wood, debris, lumber, standing water, etc.
4. Owner will not apply or contract to apply any insecticide to baited/monitored areas and will disclose to Pestban, LLC any and all prior and future pesticide treatments.
5. Owner will pay to replace missing and/or damaged stations.
6. Owner will not move, open, or handle monitor stations, bait, or any part of the system.

1. All of the components of the System will remain the property of Pestban, LLC. The purchaser has no rights to any of the components, other than the right to their use as installed by Pestban, LLC on the purchaser’s premises under this plan. The System has NO residual effect and infestation is possible after its removal.
2. On the expiration or termination of this Agreement, Pestban, LLC or its representative are authorized by the Purchaser to retrieve from the Purchasers’ premises the Stations and other Components contained therein for appropriate disposition.

The Termite Baiting program is designed to reduce and/or eliminate termite activity to the extent required to provide the structure with protection from future infestation.

1. Achievement of this and result may take several months or in some cases longer depending on the size and number of termite colonies present, the number of conducive conditions, the treatment method used, and the number of stations used and their placement. Additional damage may occur during this time because of the nature of the control program. Pestban, LLC reserves the right to substitute or modify this program.
2. This agreement covers the premises diagrammed on the attached Graph and Specifications as of the date of the initial treatment, and in the event that the customer effects structural changes to the treated premises, disturbs the surrounding grounds and/or constructs additional structures on the premises, including but not limited to guest houses, swimming pools, tennis courts, landscaping and landscaping timbers, etc., after the date of initial treatment, this agreement shall terminate unless customer gives Pestban, LLC advance notice of such construction
   and agrees to pay such additional amounts as are necessary to maintain the efficiency of the system for all structures on the premises. Pestban, LLC may also adjust the Renewal Fee in accordance with such additional structures and/or construction.
3. Customer shall promptly advise Pestban, LLC in the event that any of the monitoring or bait stations are damaged or removed for any reason so as to facilitate the repair or replacement of the same. Any cost incurred including labor and materials shall be the responsibility of the customer at a current cost of $25.00 per station plus labor.
4. Although Pestban, LLC will exercise reasonable care installing, inspecting, or removing the bait stations, Customer agrees to hold Pestban, LLC and its agents harmless for any landscaping blemished damages to plumbing or electric & irrigation systems.
5. This agreement is not valid unless actual work is performed and paid for as promised in this agreement. Should Customer fail to pay as agreed, Pestban, LLC is released from liability and a collection fee equal to the price of the work performed as indicated in the contract, plus a removal fee of $10.00 per station will be assessed. The Customer agrees to pay all costs of collection including but not limited to interest on unpaid balance, court costs, legal fees, collection fees, and reasonable attorney’s fees.
6. It is understood and agreed between both parties that this contract, the attached Graph and Specifications and the Guarantee constitute the complete agreement between the parties and that said agreement may not be changed or altered in any matter, oral or otherwise by any representative of Pestban, LLC unless alteration or change be in writing and executed by a Corporate Officer.
7. Rigid Board Insulation Provision: Rigid board insulation, foam board, and similar materials such as polystyrene and polyisocyanurate (hereinafter collectively referred to as “RBI”) are conducive to infestation by wood destroying organisms. RBI can provide a pathway for wood destroying organisms in to structures. Many times, RBI is hidden and not detectable due to coverings such as stucco and siding, or when RBI is between joints, walls or foundations. The presence of RBI in structures makes if difficult, and sometimes impossible, to control infestations by wood destroying organisms. If RBI exists in the structure covered by this agreement, Pestban, LLC will use its best efforts to control subterranean termites pursuant to its subterranean retreatment termite agreement. However, Pestban, LLC will not be obligated to continue to retreat the structure once it becomes apparent to Pestban, LLC, that RBI is preventing its treatments from effectively controlling Subterranean Termites at the structure. In no event will Pestban, LLC be responsible for infestation or damage which occurs due to RBI.
8. Structural and mechanical defects, which result in water leakage or moisture build up to interior areas through the roof or exterior wall of the premises may destroy the effectiveness of Pestban, LLC’s treatment, thereby permitting ground or aerial infestation to continue after the date of the initial treatment. If such a condition is discovered, I agree not to hold Pestban, LLC responsible for any damage repairs and to correct the structural or mechanical defect(s) at my expense. Failure to do so after instructed will cause this agreement to be null and void as of that date. Pestban, LLC will, upon completion of said repair, provide additional treatment deemed necessary to control the infestation in the area.
9. Waiver Form exclusions: A Waiver Form letter is required by the Georgia Structural Pest Control Commission when a structure is not being treated to minimum treatment standards. Due to this act, any structure that required a Waiver Form letter as part of the initial treatment may not qualify for a repair and retreatment coverage. If the Waiver Form Block is checked on the main contract (front page), the owner hereby agrees to sign the Waiver Form and not hold Pestban, LLC responsible for any damage or repairs associated with the deviations from the minimum treatment standards. The Customer releases Pestban, LLC, its successors and/or assigns from any and all liability from treatment, retreatment, repair of any area associated with or identified on Waiver Form. If later treatment of these is elected by the Customer, the Customer agrees to be responsible for the preparation for the treatment including but not limited to removal of floor coverings, decks, walls, porches, access panels, creating openings, EIFS (Stucco), foundation insulation (RBI), similar foundation coverings and/or staircases.
10. Arbitration: The purchaser and Pestban, LLC agree that in the event of a dispute between either party, to settle by mutual arbitration pursuant to the GA uniform arbitration acts. Purchaser also agrees to first notify Pestban, LLC of any dispute and allow reasonable time, up to, but not limited to, 90 days for corrections.
11. Chemical Information: Virtually all pesticides have some odor that may be present for a short time after application. If you, a member of your family, a member of your staff, tenant or guest believe that you or they may have sensitivity to chemicals or chemical odor, we recommend that you not have an initial or a subsequent service performed at your premises without consulting with a physician. At your request, we will provide information about the products to be used in the areas to be treated. Purchaser releases Pestban, LLC, its successors and/or assigns from any and all liability for sickness or injury caused by chemicals, chemical odor, or sensitivity.
12. Monthly Service and Renewal Fee Payment Terms: This agreement can represent a termite warranty renewal, a pest/mosquito agreement or a combination of services mentioned. A single, monthly fee will be automatically assessed for selected services. These services can be renewed for the life of the structure provided the payment contines. Cancelling individual services can result in price and agreement changes and changes must be agreed upon by purchaser and PESTBAN, LLC Management. After 1 full year of services completed, Pestban, LLC reserves the right to increase monthly service and renewal fee without prior notification.
13. SMART Rodent Control: ANTICIMEX SMART is an intelligent, environmentally friendly, pest control system that monitors rodent activity in real-time 24/7/365. After analysis, we install state-of-the-art, multi-purpose technology around your facility. Initial visit includes set-up and activation. A second visit will be scheduled within 30 days of initial visit. We then provide ongoing service as needed, including physical inspections, the emptying and relocating of traps, and sensors.
    ANTICIMEX retains ownership of all Smart Equipment and reserves the right to remove equipment if the agreement is in any way canceled.
14. Notice of Cancellation: Date of transaction – You may CANCEL this transaction, without any Penalty or Obligation, within THREE BUSINESS DAYS from the date of registration.

If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you must be returned within TEN BUSINESS DAYS following receipt by the Seller of your cancellation notice, and any security interest arising out of transaction will be canceled.

If you cancel, you must make available to the Seller at your residence, in substantially as good condition as when received, any good delivered to you under this contract or sale, or you may, if you wish, comply with the instructions of the Seller regarding the return shipment of the goods at the Seller’s expense and risk.

If you do make the good available to the Seller and the Seller does not pick them up within 20 days of the date of your Notice of Cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the good available to the Seller, or if you agree to return the goods to the Seller and fail to do so, then you remain liable for performance of all obligations under the Contract.

Pestban, LLC General Terms and Conditions 

1. Pest Control Service Plan: Pestban, LLC shall control for and mitigate against infestation for the Standard Covered Pests listed on the front page of this agreement in and around  the structure of the customers premises through applications of pesticides selected by Pestban, LLC at its sole discretion. 
2. Client Satisfaction Guarantee: Our service comes with a 100% customer satisfaction guarantee. If you feel the pest activity on your property is not significantly diminished, we  will come out and retreat your property at no additional charge between visits. 
3. Target Pests: This Agreement provides for treatment and retreatment of certain insects specified as a standard covered pest on the front of this agreement. It does not apply nor  is intended to be effective against any other pest. 
4. Animals: Pestban, LLC technicians may, at their discretion, refuse to enter any property containing unsecured animals. Customers are responsible to ensure all outdoor pets are appropriately restrained. 
5. Payment Terms: The customer agrees to pay Pestban, LLC invoices upon receipt. Pestban, LLC reserves the right to terminate this agreement if payment is not received within  thirty (30) day of the date invoiced. A Late Fee of 1.5% per month may be charged on all accounts over 45 days past due. Pestban, LLC reserves the right to send delinquent accounts to a collection agency. A $30 charge may be applied for any check your bank returns to Pestban, LLC or card payment that is declined.  
6. Cancellation Policy: After 1 year, either party may cancel this agreement by contacting customer service at 855-732-2487, or email customerservice@pestban.com. Cancella tion of this agreement does not affect any outstanding fees due for past services that are owed to Pestban, LLC. Non-Payment or late payment is not an accepted method for cancellation. Unless you notify us otherwise, service will continue.  
7. Access to Property: During the term of this agreement Property Owner must allow Pestban, LLC access to the property for any purpose contemplated by this Agreement during  reasonable business hours, including but not limited to treatments or retreatments. 
8. Property Owner Cooperation: Customer cooperation is important to ensure the most effective results from Services. Whenever conditions conducive to the breeding and harbor age of pests covered by this contract exist, and are not corrected by the customer, Pestban, LLC cannot ensure effective Services. If Customer fails to correct the conditions within a reasonable time period, all guarantees shall automatically terminate. Further additional treatments in areas of such condition that are not corrected as required shall be paid for by the Customer as an extra charge. 
9. Unforeseen Acts Clause: Pestban, LLC is not responsible or liable for delays in commencement or completion of services that are a result of conditions beyond our control, by  reasons of acts of war, whether declared or undeclared, acts of God, pandemics or natural disasters. 
10. Insurance: “The Georgia Structural Pest Control Act “requires all pest control companies to maintain insurance coverage. Information about this coverage is available from this  pest control company. Pestban, LLC shall maintain all applicable local, state and federal licenses required to perform these services. Pestban, LLC will maintain no less than one million dollars ($1,000,000) in Comprehensive General Liability insurance with an insurance company licensed to do business in its service area. 
11. Produce Sensitivity Clause: Pestban, LLC applies all products according to manufacturer’s specifications; however, if anyone (including pets) entering the premises is sensitive to product applied or product odors, Pestban, LLC shall have no liability for side effects caused by products or product. Pestban, LLC specifically shall not be responsible for any injury,  disease, illness or death that results from bites, infestation or contamination caused by pests.  
12. Disclaimer and Indemnity: In consideration of the services performed under this Agreement, property owner agrees to indemnify and forever hold Pestban, LLC and its agents  harmless for any damages or claims resulting from or arising out of the delivery of such services. 
13. Arbitration: The Property Owner and Pestban, LLC agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforce ment, interpretation or validity thereof, including the determination of the scope of applicability of this agreement to arbitrate, shall be determined by binding arbitration pursuant to applicable rules of the American Arbitration Association (“AAA”). The place of arbitration will be held in Cherokee County, Georgia. Judgment may be entered on  the award in any court of competent jurisdiction. 
14. Class Action Waiver: Any Claim must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authori ty to combine or aggregate similar claims or conduct any or part of this Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.  

The parties understand that they would have had a right to litigate through a court, to have a judge or jury decide their case and to be party to a class or representative actions.  However, the parties understand and choose to have any claims decided individually, through arbitration. 

15. Change in Terms: Pestban, LLC may change this agreement by adding, deleting or modifying any provision. Pestban, LLC reserves the right to increase the service price without prior notification. Pestban, LLC may endeavor to notify the customer in advance of any such change, and customer may decline to accept such a change by notifying Pestban, LLC.  Payment on the agreement will constitute acceptance of any such changes. 
16. Severability: If any part of this Agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this Agreement shall remain in full force  and effect. 
17. Entire Agreement: This Agreement, together with all exhibit thereto, constitutes the entire agreement between the parties. Pestban, LLC and the Property Owner agree and understand that this contract, the graph (if applicable), specifications and the guarantee constitute the complete agreement between the two parties. With that said, this agreement may not be altered in any manner, whether verbal or by a representative of Pestban, LLC unless alterations are in writing and executed by a corporate officer of the  company. 
18. SMART Rodent Control: ANTICIMEX SMART is an intelligent, environmentally friendly, pest control system that monitors rodent activity in real-time 24/7/365. After analysis, we install state-of-the-art, multi-purpose technology around your facility. Initial visit includes set-up and activation. A second visit will be scheduled within 30 days of initial visit. We then provide ongoing service as needed, including physical inspections, the emptying and relocating of traps, and sensors. 

ANTICIMEX retains ownership of all Smart Equipment and reserves the right to remove equipment if agreement is in any way canceled. 

14. Notice of Cancellation: Date of transaction –  

You may CANCEL this transaction, without any Penalty or Obligation, within THREE BUSINESS DAYS from the above date. 

If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you must be returned within TEN BUSINESS DAYS following receipt by the Seller of your cancellation notice, and any security interest arising out of transaction will be canceled. 

If you cancel, you must make available to the Seller at your residence, in substantially as good condition as when received, any good delivered to you under this contract or sale,  or you may, if you wish, comply with the instructions of the Seller regarding the return shipment of the goods at the Seller’s expense and risk. 

If you do make the good available to the Seller and the Seller does not pick them up within 20 days of the date of your Notice of Cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the good available to the Seller, or if you agree to return the goods to the Seller and fail to do so, then you remain liable for performance of all obligations under the Contract.

For more information, mail us at customerservice@pestban.com or call us (855) 732-2487.