TERMS OF SERVICE
Home – Terms of Service
- PMS Pest Control Pvt Limited trading as PMS Pest Control (PMS) agrees to provide a Commercial & Residential Pest Control Inspection and Treatment Program (the “Service Plan or “Plan”) at the specified areas of the premises described above for the Fees (plus GST) and during the Term in relation to those Pests described in the Service Schedule and subject to these terms.. Client furniture and equipment is excluded unless specifically agreed by PMS in writing. Additional areas or pests will be subject to a separate survey and proposal.
- The Service Plan covers:
- the scheduled number of visits/Service each year to inspect and if necessary treat the premises for the control of the specified Pests and
- any additional visits/Service required in the unlikely event further steps are required to control those Pests and
- a visual inspection for termites in readily accessible areas. Termite treatment recommended to the Customer will be in addition to the Plan fees. Termite inspections and treatments are subject to our termite terms.
- Additional Service Visits-important conditions In the unlikely event the Client notices fresh signs of pests between regular visits by PMS; the Client must immediately notify PMS who will carry out additional work to address the issue without further charge to the Client. Additional services are subject to the Customer having implemented any actions recommended by PMS. Additional services will only be delivered during normal business hours and for Pests covered by this Agreement and will not cover termite elimination, preventative or monitoring systems
- Fees and Payment: Fees for the Service Plan are in addition to any fee charged by PMS for an initial pest treatment. PMS shall charge the Advance Fee specified in this Agreement (plus GST) in advance. The fees are based on the number of items or services to be provided allowing also for set up costs, materials and equipment costs, service support and administration costs (“Service Costs”). If PMS agrees to accept a reduction or cancellation of any part of the Services, any variation to the charges shall take account of these Service Costs so that the fees may not be varied pro rata to the change in the Services. Fees will be reviewed by PMS from time to time and PMS may increase the Quarterly Fee to reflect increased costs. PMS will provide the Customer with at least two months prior notice of any increase in the Quarterly Fee. PMS will provide the Client Tax Invoice in electronic form. The Client will authorize payment of the Fee by direct debit to a bank account on the date specified by PMS. Where in any Term PMS has failed to complete the required minimum number of visits and provided the Client has implemented all recommendations made by PMS, the Client may be entitled to a credit calculated on a pro rata basis after appropriate deductions in respect of Service Costs and also taking into account the number of non-routine visits such as call out and follow up visits the Client has received. The Client may not deduct or withhold any amount (whether by way of set off, counterclaim or otherwise) from any money owing to PMS. Should PMS incur costs to a collection agency or legal fees in recovering any unpaid monies, these fees will be payable by the Client.PMS reserves the right to cease all further services until all outstanding monies owing to PMS are paid.
- Term: This Agreement shall operate for an initial period of One years and shall automatically renew for a further one year each a Term) unless terminated by either party. Either party may terminate this Agreement on 90 days’ notice given prior to the expiry of the then current term.
- Access: The Client will provide PMS with access to those areas of the premises required to perform the Service Plan at agreed times. The Client will provide access to any water or electricity required to perform the Services. PMS personnel will show identification to the Client upon request and comply with all reasonable requests while present at the premises.
- Pest Inspection: All pest inspections undertaken as part of the Plan will be based upon a visual inspection only limited to those areas and sections of the property fully accessible and visible to the Technician on the day of the inspection. Equipment and fittings may conceal evidence of timber pests that are only be revealed when items are removed.
- Pests Covered: The treatment will cover only those Pests described in this Agreement. All other pests are excluded unless agreed by PMS in writing.
- Advice and recommendations: PMS’s technician will provide a report in the Service Log Card after each visit and provide advice and recommendations to the Customer to control and minimize pests. These may cover cleaning, storage and maintenance. PMS may elect to terminate this Agreement if a Client fails to implement recommendations necessary to eliminate factors or conditions contributing to re-infestation by Pests.
- Safety Instructions: It is important that the Client follows the safety instructions provided by PMS’s Technician concerning pesticides and other safety instructions relevant to the Services. The Client must notify the PMS Technician before commencing any Service of any health and safety issues, such as asbestos, at the premises.
- Treatment effectiveness: PMS will deliver the Plan in a competent and professional manner taking into account these terms. The ongoing effectiveness of the Pest control provided depends on the Client implementing PMS’s recommended hygiene and property maintenance procedures. Pest treatment will also be rendered ineffective by disturbing treated areas, building alterations, renovations and introducing materials to the property that encourage pest activity.
- Equipment the Client agrees to take reasonable care of equipment installed at the premises by PMS as part of the Plan and to follow any instructions given by PMS in relation to the equipment and its use. All equipment shall remain the property of PMS and the Client agrees not to move or modify the equipment including removing any label indicating the equipment belongs to PMS. The Client accepts all costs of rectifying damage caused to the equipment including loss, theft or damage caused by fire. The client agrees to immediately inform PMS if the equipment is damaged or removed. On termination of this agreement for any reason, the Client must provide access to the premises to allow PMS to remove the equipment.
- Damage to Utilities: If delivery of the Plan requires drilling or cutting any materials, the Client will be responsible for identifying the location of all utility services to the property including water and drainage pipes, electrical and telephone cables, gas pipes etc. PMS will exercise due care in performing any drilling or cutting but the Client will be liable for any damage caused by penetration to any such services unless caused by the negligence of PMS.
- Reliance on Service and Report: All reports provided by PMS in relation to the Plan are provided solely for the benefit of the Client named in the report. Neither this Agreement nor any report may be assigned by the Client to another person without the prior written approval of PMS that may be given conditionally or withheld.
- Subcontractors and Agents PMS may engage or employ any person, subcontractor or agent to provide any of the Services under this Agreement.
- Entire Agreement: This Agreement contains the entire understanding of the parties and (except for the the Competition and Consumer Act 2010 or other laws which cannot be excluded or modified by agreement “consumer laws”) all other terms representations, conditions, guarantees, undertakings, warranties including liability for negligence which might have been implied by law or have any application are expressly excluded to the fullest extent permitted by law.
- Liability: The Service is provided for the benefit of the Client only. PMS accepts no responsibility whether in contract, tort or otherwise, including in relation to negligence, to any third party as a result of the provision of the Services or any report provided in relation to the Plan. To the extent permitted by law, PMS’s total aggregate liability to the Client under or in relation to this Agreement and the Plan (including in contract, negligence, tort or any common law or statutory right) is limited, at PMS’s option, to the resupply of the Service or the cost of resupply of the Service.
- Inability to deliver Services: PMS shall not be responsible for any delay or failure in meeting its obligations if the failure results from a cause beyond its control including acts of God, storms or floods, war or civil disturbances, industrial disruption or accidents involving the loss or breakdown of plant, equipment or facilities required for PMS’s services.
- Governing Law: This Agreement is governing by the laws of the State or Territory where the Service is being provided to the Customer and the parties submit to the jurisdiction of the courts of that State or Territory.