Deadbug Pest Control Terms & Conditions
All bookings made in respect of services provided by Deadbug pest control Ltd are on the following Conditions which, together with the terms of the Hire Specification and Schedule(s), form the Supply of Services Contract between Deadbug pest control Ltd and the Customer.
1 Your status
By placing an order with us (whether through our site, over the telephone or by any other means), you warrant that you are legally capable of entering into binding contracts, you are at least 18 years old and you are resident in, and accessing our site from, the United Kingdom.
Throughout these terms and conditions “you” and “your” shall refer to the customer named in the Confirmation form.
2 The contract
2.1 The Relevant Pests shall be whichever pests are referred to in prior to treatment. The General Terms together with the terms set out in the relevant schedule(s) hereto shall apply to the Contract in relation to (a) insect spray treatments, or (b) cockroach treatments, or (c) rodent treatments (rats/mice/squirrels), or (d) wasp nest treatments, (e) ant treatments.
3. Price and payment
The price of the Service will be as quoted, except in cases of obvious error. Service prices are liable to change at any time, but changes will not affect orders in respect of which we have already treated.
Our prices may vary on a geographical basis and may be subject to change, but shall be agreed at the time of booking, subject to any adjustment in accordance with these terms due to circumstances that we were unaware of at the time of booking.
Subject to any contrary terms in this agreement, our Service prices include any re-call(s) that are, in our reasonable opinion, necessary and there will be no additional charges for such subsequent visits.
Payment for all Services must be made at the time of the first treatment.
4. Cancellations and refunds
4.1 If you are contracting as a consumer, and you cancel a booking within fourteen calendar days of making a booking but before we begin work on the site you will not be charged. You do not have to give a reason for the cancellation.
Please note that you may cancel the services in accordance with clause 4.2 at any time however if you notify us of the cancellation after we have arrived on site but before the work is complete, we will charge you 75% of the price and if you notify us after we have finished the work, we will charge you the full price. This is to reflect the costs we will have incurred by that time.
This provision does not affect your other statutory rights as a consumer. We will use reasonable endeavours to meet all agreed appointments, but in the rare circumstances where this is not possible, we will contact you as soon as possible to agree an alternative appointment. Examples of reasons where a cancellation may be necessary include (without limitation) (a) if the technician was running late as held up by previous complicated treatments, or (b) adverse weather conditions (as we cannot treat effectively in the rain), or (c) sudden operative sickness or, (d) vehicle accident or local traffic difficulties encountered.
If we fail to turn up for your appointment slot and do not contact you on the contact number(s) provided before the expiry of this slot (1 hour from the agreed attendance time), we will treat this as our service delivery fault and you will be able to choose whether to arrange an alternative slot and receive a 20% discount 4.5 If you are not present when we arrive on site, provided that this is within the agreed appointment slot, we shall treat the Contract as cancelled by you under clause 4.2, unless we have agreed in advance that you do not need to be present at that time.
4.6 If we have legitimate concerns over the safety of the treatment, where the husbandry is such that the treatment could be compromised or where we believe our safety rules may not be adhered to (and such decision shall be at our absolute discretion), then we shall treat the Contract as cancelled by us. There will be no charge for our visit. Reasons for non-treatment include (without limitation):
risk to aquatic life from contamination by application of insecticides;
un-boarded lofts which are deemed unsafe to negotiate;
uncovered water tanks near the habitat;
habitat located in chimney;
habitat entrance located on high roofs with no loft access that require multi stage ladders;
sites which cannot be safely treated by our technician, such as power lines close by or above a conservatory; or
any other legitimate relevant health and safety restriction.
We reserve the right to withdraw from any treatment we have started where we have concerns that continuing any treatment may not be safe, that customers have not adhered to our conditions or requirements or where customers have interfered with or moved our poisons or bait. In such cases full payment will be provided by you.
You hereby permit us to apply approved pesticides and or deploy equipment as we deem necessary, to deliver an effective treatment, subject to our compliance with all legal requirements.
You agree to provide us with free access to all parts of the premises for the purpose of inspection, treatment or surveillance and agree to ensure that all safety and treatment instructions are followed during and post treatment.
You hereby warrant not to request or permit us to access any part of the site or premises which you know or suspect to be hazardous, or in which a potentially hazardous process is carried out, without first briefing us or our employee on the nature of the hazard and the precautions to be observed.
You or your nominated representative must be available at the site during the agreed date and time slot, unless prior arrangements have been made in advance for us to carry out the Service in your absence. If no one is present when we call at the agreed slot, there is no entitlement to a refund and you will still be liable for our contracted fee.
You sign the treatment report acknowledging the findings, the pesticide/insecticide used for the treatment, the location of the treatment and safety advice.
6. Our obligations
Subject to paragraph 1 of the relevant Hire Agreement, our Service is to attend your site or property, inspect the relevant area and subject to a risk assessment treat the active habitat of the Relevant Pests you have identified. We will provide you with a treatment report that documents our findings, any pesticides/insecticides used including and in what quantity, the location of the treatment and safety instructions. We will aim to either eradicate the pests or control them, depending on the type of pest, location and safety issues.
On arrival at your premises, we will identify ourselves to you, and will not commence any work without your consent. Where the premises consist of land or buildings which are unoccupied but are owned by you or under your stewardship, and which have free access, you hereby give us permission to enter onto the premises on arrival and to carry out the Service.
Critical safety data information (COSHH) advising of the materials used and any precautions that are required will be sent to you with a safety sheet via email. It is a requirement of the Health and Safety at Work etc. Act 1974 and the Control of Pesticides Regulations 1986 that the customer undertakes to read this information, to comply with it, and to keep the information on their premises for ready reference in case of any accident or emergency.
7.1 We warrant to you that our treatment aims to control or eradicate the Relevant Pests subject to critical safety and access factors, all the products we use conform to all Statutory Requirements, Codes of Practice, and accepted Good Practice for pest control work, and that the Service will be carried out using reasonable care and skill.
8. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. We will contact you by e-mail. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
9. Transfer of rights and obligations
The contract between you and us is binding on you and us and on our respective successors and assignees. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
10. Our right to vary these terms and conditions
We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order Services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority, or if we notify you of the change to those policies or these terms and conditions before we send you the Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Service.
Terms Specific to Insect Spray Treatments
Our Service is to attend your premises, inspect the relevant area and treat the active insect habitat with the intention of eradicating the insects.
The price of the Domestic Service is for treating a standard two-bedroom
residential house, living room, kitchen and bathroom occupied by one family. An additional fee will be charged for each additional room or car that requires treatment or if the premises is occupied by more than one family.
Commercial treatments are not subject to fixed prices and will depend on the site and level of infestation.
Before your agreed appointment time, we require you to carry out the following preparatory work throughout the whole premises:
Cover and seal up any fish tanks.
All beds should be stripped of all blankets, duvets and all clothing and soft items removed from cupboards and wardrobes and placed sealed in plastic bags. These articles must then be laundered at over 60 degrees prior to re-use.
All furniture such as wardrobes and cupboards must be emptied and
moved back from the wall to enable spraying, all drawers or doors must be unlocked and open.
(d)All floors and areas to be treated must be clear of any items with carpets vacuumed, including behind furniture that has been moved ready for treatment.
For fleas ensure any domestic pets have been examined and if necessary treated for fleas by a vet.
On arrival at the premises, we shall determine, at our absolute discretion, whether the premises has been sufficiently prepared in accordance with in paragraph 3 above.
If we determine that it has been well prepared, we shall treat it in accordance with the terms of this agreement.
If we determine that it has been reasonably prepared, we shall treat it but clause 3.3 of the main Terms & Conditions shall not apply and you will be charged for any additional visits, as the treatment will be compromised. Alternatively, you could choose to re-book the appointment at no extra cost (provided that this is the first time the treatment is re-booked; otherwise we will charge you for the visit).
If we determine that it has not been reasonably prepared, we shall refuse to treat it. In this event, we will offer you the opportunity to book an alternative appointment at no extra cost.
You must advise us on arrival and before any treatment is commenced if there is any reason why the property cannot be sprayed with an approved insecticide.
The insecticide may damage furniture or personal possessions.
By signing these conditions, you acknowledge that, we do not accept any liability for any loss or damage caused as a result of the use of insecticide.
You must leave the property during treatment and remain outside sprayed areas for at least 6 hours to enable the applied insecticide to dry and to avoid inhalation of any mist. If you re-enter the premises within this time, the treatment will be compromised and we shall be entitled to exclude clause 3.3 of the main Terms
After the treatment has been carried out and the 6-hour period has passed, you must continue to use the treated areas as you did before for at least 14 days afterwards. This is to provide a natural environment for the insects to feed on, and therefore use, the treated area.
We cannot guarantee complete eradication after 1 treatment and further treatments may be advised based on the level of the infestation.
You must not vacuum or wash down any non-food preparation surfaces for a period to two weeks after the treatment was carried out.
We reserve the right to decline to carry out the treatment if we believe that it may be unsafe to access or treat the area.
No re-call as referred to in clause 3.3 of the main Terms & Conditions shall be undertaken within the first two weeks after the treatment is carried out.
Terms Specific to Cockroach Treatments.
Our Service is to attend your premises, inspect the relevant area and treat the active cockroach habitat with the intention of eradicating the cockroaches.
The price of the Service is for carrying out staged treatments on two separate visits. If any additional treatments are required, additional payments will be due. Commercial treatments are not subject to fixed prices and will depend on the site and level of infestation.
Before your agreed appointment time, we require you to carry out the following preparatory work:
All areas to be treated to be cleaned and any debris or loose items removed to give clear access to all floors and surfaces to be treated. (b) All
foodstuffs spillage to be removed prior to treatment and wherever possible food in sealed containers.
Husbandry requirements to be adhered to.
FOR YOUR OWN SAFETY, you must not move or touch any gel bait or monitor traps.
We shall use reasonable endeavours to eliminate the cockroaches but if this is not achievable within the two paid visits, we shall seek to control them instead. For example, if the core infestation is emanating from another property (including another flat within the same building), we will seek to control the cockroaches, as we will be unable to eliminate them.
Terms Specific to Rodent Treatments
Our Service is to attend your premises, inspect the relevant area and treat the active rodent habitat with the intention of controlling the pest. If it is, in our opinion, appropriate to try to eradicate the pest, we shall do so, but this is often inappropriate and depends on many factors including the location and proximity to other people’s property.
The price of the Service is for treating a single domestic property (including the immediate gardens and grounds) occupied by one family. An additional fee will be charged if the premises is occupied by more than one family, additional treatments are needed or if any treatments are required in outbuildings, stables or land where domestic pets or livestock are present. However, in some situations, due to the safety of the livestock, treatments within these additional areas may not be appropriate and we reserve the right to refuse to treat them. If we refuse to treat the area, we will not charge you. Commercial treatments are not subject to fixed prices and will depend on the site and level of infestation.
The price will depend on which type of pests you wish us to treat. We will only treat squirrels that are inside the premises.
Clause 3.3 of the main Terms & Conditions shall apply to the extent that we, at our absolute discretion, determine necessary, up to a maximum of four visits. In some situations, a single treatment is sufficient and in other cases three or four are needed.
Before the first visit and until the final visit, you hereby agree:
(a. not to move any poisons or tamper with equipment / bait stations;
(b. not to interfere with our treatment in any way, or try to treat the rodents yourself or allow anyone else to do so;
(c. to comply with all the instructions, we provide (whether in writing or not) including those in relation to tidying the premises and maintaining it in a clean and tidy condition;
(d. to remove any bird feeders and rectify any defects in the structure of any compost heaps, and you acknowledge that if you fail to comply with any of these requirements, we shall be entitled to stop the treatment, as it will be compromised, and you will still be charged.
In compliance with animal welfare requirements, on occasions where humane traps are used in any rodent treatment, you hereby agree to inspect each trap at least twice daily and in the event that a rodent has been caught and has not been killed outright, you must contact us immediately on 07976 987 667.
Where there is evidence of infestations emanating from private or public sewers or from breaches in soil drains we may require you to obtain specialized inspections or works. A drain inspection may also be recommended if rat activity continues and there are no obvious points of entry into the premises. We do not inspect drains and cannot inspect or treat utility company sewers. We will not accept any liability or cost if the drain examination does not identify any defects.
We will inspect the infected areas and we will treat it if, in our reasonable opinion,
it is necessary, practical and safe to do so by installing appropriate traps. 9. The Service does not include the removal of any dead rodent carcasses and we shall not accept any liability for not doing so.
We will not create openings or interfere with the structure of your property when treating it is your responsibility to ensure we have suitable access to areas where treatment is required.
We may mention a few ways to help reduce the risk of the pests coming back, for which there shall be no additional fee. However, this is not included within the price, we shall not be under any obligation to provide such advice and we shall not accept any responsibility for any such advice we give.
We are legally obliged to remove all rodenticides laid at your property when our treatment ends for whatever reason. You shall ensure that we have free access to do this. All bait, bait trays and tamper proof boxes remain the property of Deadbug pest control Ltd.
The service is to treat a single domestic property in single-family occupancy and where mice and rats are encountered the appropriate fee for each species will be required.
We shall use reasonable endeavours to eliminate the rodents but if this is not achievable within the four paid visits, we shall seek to control them instead. For example, if the core infestation is emanating from another property (including another flat within the same building), we will seek to control the rodents, as we will be unable to eliminate them.
Proofing against Rodents: mice, rats and squirrels. If we complete proofing against rodents we will endeavour to cover/fill all entry points for the specific rodent. Proofing is the most effective long-term solution against mice, rats and squirrels. Proofing entry points will significantly reduce the chances of re-infestation. Proofing may involve moving house- hold appliances. We will not be held responsible for any damage caused.
Terms Specific to Wasps Nest Treatments
1. Our Service is to attend your premises, inspect the relevant area and treat the active wasps nest with the intention of eradicating the wasps. This does not include removing the nest, which in most cases is unnecessary and impractical. 2. If we inspect the area you identify but do not find an active wasps nest (whether there is no active nest or the relevant insects are another species, such as bees), we will not treat the area and you will still be charged. The time taken to inspect the area is often longer than the time taken to treat a nest.
Should any wasp nest treated remain active 3 days after original treatment we will revisit the premises to treat that specific nest in accordance with clause 3.3 of the main Terms & Conditions. However, if on the return visit, we discover that the identified nest is a different nest to the one originally treated, you shall be charged for treatment.
If you require us to treat more than one nest during the same visit, treatment of the first nest shall be charged at full price and all the others at £15.
Terms Specific to Ant Treatments
Our Service is to attend your premises, inspect the relevant area and treat the active ant habitat with the intention of eradicating the ants.
The price of the Service is for carrying out staged treatments on one visit (black ants) and three separate visits for pharaoh and ghost ants but this will depend on the level of the infestation. If any additional treatments are required, additional payments will be due.
Before your agreed appointment time, we require you to carry out the following preparatory work:
(a) All areas to be treated are to be cleaned and any debris or loose items removed to give clear access to all floors and surfaces to be treated. (b) All foodstuffs spillage to be removed prior to treatment and wherever possible food in sealed containers.
Husbandry requirements to be adhered to.
FOR YOUR OWN SAFETY, you must not move or touch any gel bait or monitor traps.
We shall use reasonable endeavours to eliminate the ants but if this is not achievable within the agreed visits, we shall seek to control them instead. For example, if the core infestation is emanating from another property (including another flat within the same building), we will seek to control the ants, as we will be unable to eliminate them.
Website Usage Terms
Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Deadbug Pest Control, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your deadbugpestcontrol.co.uk Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Deadbug Pest Control may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Deadbug Pest Control liability. You must immediately notify Deadbug Pest Control of any unauthorized uses of your blog, your account or any other breaches of security. Deadbug Pest Control will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Deadbug Pest Control or otherwise.
By submitting Content to Deadbug Pest Control for inclusion on your Website, you grant Deadbug Pest Control a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Deadbug Pest Control will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Deadbug Pest Control has the right (though not the obligation) to, in Deadbug Pest Control’s sole discretion (i) refuse or remove any content that, in Deadbug Pest Control’s reasonable opinion, violates any Deadbug Pest Control policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Deadbug Pest Control’s sole discretion. Deadbug Pest Control will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
By selecting a product or service, you agree to pay Deadbug Pest Control the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
- Automatic Renewal.
Unless you notify Deadbug Pest Control before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Deadbug Pest Control in writing.
- General Terms.
- Fees; Payment. By signing up for a Services account you agree to pay Deadbug Pest Control the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Deadbug Pest Control reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to Deadbug Pest Control.
- Support. If your service includes access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Deadbug Pest Control to respond within 7 business days) concerning the use of the VIP Services. “Priority” means that support takes priority over support for users of the standard or free deadbugpestcontrol.co.uk services. All support will be provided in accordance with Deadbug Pest Control standard services practices, procedures and policies.
- Responsibility of Website Visitors. Deadbug Pest Control has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Deadbug Pest Control does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Deadbug Pest Control disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which deadbugpestcontrol.co.uk links, and that link to deadbugpestcontrol.co.uk. Deadbug Pest Control does not have any control over those non-Deadbug Pest Control websites and webpages, and is not responsible for their contents or their use. By linking to a non-Deadbug Pest Control website or webpage, Deadbug Pest Control does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Deadbug Pest Control disclaims any responsibility for any harm resulting from your use of non-Deadbug Pest Control websites and webpages.
- Copyright Infringement and DMCA Policy. As Deadbug Pest Control asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by deadbugpestcontrol.co.uk violates your copyright, you are encouraged to notify Deadbug Pest Control in accordance with Deadbug Pest Control’s Digital Millennium Copyright Act (“DMCA”) Policy. Deadbug Pest Control will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Deadbug Pest Control will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Deadbug Pest Control or others. In the case of such termination, Deadbug Pest Control will have no obligation to provide a refund of any amounts previously paid to Deadbug Pest Control.
- Intellectual Property. This Agreement does not transfer from Deadbug Pest Control to you any Deadbug Pest Control or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Deadbug Pest Control. Deadbug Pest Control, deadbugpestcontrol.co.uk, the deadbugpestcontrol.co.uk logo, and all other trademarks, service marks, graphics and logos used in connection with deadbugpestcontrol.co.uk, or the Website are trademarks or registered trademarks of Deadbug Pest Control or Deadbug Pest Control’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Deadbug Pest Control or third-party trademarks.
- Advertisements. Deadbug Pest Control reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
- Attribution. Deadbug Pest Control reserves the right to display attribution links such as ‘Blog at deadbugpestcontrol.co.uk,’ theme author, and font attribution in your blog footer or toolbar.
- Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
- Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
- Changes. Deadbug Pest Control reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Deadbug Pest Control may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Deadbug Pest Control may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your deadbugpestcontrol.co.uk account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Deadbug Pest Control if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Deadbug Pest Control’s notice to you thereof; provided that, Deadbug Pest Control can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. Deadbug Pest Control and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Deadbug Pest Control nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Deadbug Pest Control, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Deadbug Pest Control under this agreement during the twelve (12) month period prior to the cause of action. Deadbug Pest Control shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Deadbug Pest Control, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Deadbug Pest Control and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Deadbug Pest Control, or by the posting by Deadbug Pest Control of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Gateshead, United Kingdom, excluding its conflict of l
- aw provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in United Kingdom. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in United Kingdom, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Deadbug Pest Control may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.