Pest Control Terms & Conditions
ADDITIONAL PEST CONTROL TERMS AND CONDITIONS OF USE BETWEEN THE
SERVICE PARTNER AND THE CUSTOMER.
Pest Control Services
Last updated 06 March 2023.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SKITTERBLINK SERVICES. YOUR CONTINUED USE OF SKITTERBLINK SERVICES SHALL CONSTITUTE YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS AND CONDITIONS.
These terms contain provisions (highlighted below) which limit SKITTERBLINK’S AND THE SERVICE PARTNER’S exposure to legal liability. Some of these provisions do have the effect of limiting your rights in law and conferring obligations on you by virtue of your agreement to these terms.
Nothing in this Agreement is intended to or must be understood to unlawfully restrict, limit or avoid any rights or obligations, as the case may be, created in terms of the Consumer Protection Act, 2008, to the extent that such legislation is applicable.
Important clauses, which may limit SKITTERBLINK’S AND/OR THE SERVICE PARTNER’S responsibility or involve some risk for you, are reflected in bold and italics or are highlighted. You agree to pay special attention to these clauses.
SKITTERBLINK MAY AMEND THESE TERMS FROM TIME TO TIME. AMENDMENTS WILL BE EFFECTIVE UPON SKITTERBLINK’S POSTING OF SUCH UPDATED TERMS ON THE SKITTERBINK WEBSITE. YOUR CONTINUED USE OF THE SKITTERBLINK SERVICES AFTER SUCH POSTING CONSTITUTES YOUR CONSENT TO BE BOUND BY THE TERMS, AS AMENDED.
1. INTRODUCTION
1.1 “We”, “us” or “our/s” means the Service Partner selected to perform the service to you.
1.2 “You” or “your” means the Customer.
1.3 This contract explains the rights, duties and responsibilities of both the Customer and the Service Partner and is binding on the Customer and the Service Partner.
1.4 The PEST CONTROL SERVICES of property may be risky. Please pay special attention to clause 7 and 9. Our liability for loss or damage is limited. This means we are not responsible for all losses or damages you might suffer.
2. THE PEST CONTROL SERVICES TO BE RENDERED
2.1 We agree to provide the Pest Control Services to you on the date/s and at the address specified by you, specifically and limited in terms to the Estimated Quotation / Pro-Forma Invoice provided and agreed with you through electronic mediums.
2.2 We generally reserve the right not to continue with the job in our sole discretion, if after inspection of the premises it is found that the description of the services to be rendered or required is materially different from what was described in the Estimated Quotation / Pro-Forma Invoice.
2.3 Where the provision of the services cannot be completed within a day, you will allow us to leave any tools or materials at your property overnight or at any other times when it is not performing any services, if necessary.
2.4 We cannot accept liability for our failure to complete all or part of the services where such failure is caused by your failure to book for the correct pest control services or where you require us to carry out additional tasks over and above what was originally booked.
2.5 Unless otherwise agreed with you, we shall provide all necessary Personal Protective Equipment (PPE), tools, pesticides and other materials, necessary to perform the Pest Control Services. The cost of the PPE, goods and materials to be used in performing the Pest Control Services will be included in the Estimated Quotation / Pro-Forma Invoice provided to you.
2.6 The Pest Control Services to be provided may include pest control of internal buildings, external areas, airplanes, vehicles, and cargo. Standard cleaning and spring cleaning of the premises or property is not included in the Pest Control Services at the premises.
2.7 All Pest Control Services are carried out by trained and certified Pest Control Operators (PCO’s) and assistants. The Pest Control Services are supervised; however, this does not mean that the supervisor/team leader will remain on the premises during the full duration of the Pest Control Services. Should a supervisor/team leader not be present as one of the operators for the service, then a supervisor/team leader will inspect the service rendered by the operators before the end of the service.
2.8 We generally reserve the right not to continue with the job if after inspection by us it is found that the area to be treated is not suitable for pest treatment or if the premises is materially different (in our sole opinion) from what was specified in the Estimated Quotation / Pro-Forma Invoice. We also will not continue with the job if there is interference in the work by you or any other person.
3. ESTIMATED QUOTATION / PRO-FORMA INVOICE AND PAYMENT
3.1 Our Estimated Quotation is valid and binding on us as a booking, provided that payment was made and that the specified resources and/or materials are available. The quote will be valid for a period of 10 (ten) days..
3.2 A deposit of 50% (fifty percent), with a minimum of R500.00 (FIVE HUNDRED Rand) is payable with quote acceptance, and the rest at completion of services via Point of Sale (POS) card machines or Electronic Fund Transfer (EFT), while the Pest Control team is onsite.
4. Banking Account Details
4.1 The banking account details will be supplied on the Skitterblink invoice submitted to you.
4.2 There will be a 10% (ten percent) additional charge for Cash payments and 3.5% for Card payments.
4.3 WAfter completion of the Pest Control services you will have a period of 24 (twenty-four) hours following the completion of the Pest Control Services to rate your experience on the Job Card designated by Skitterblink and leave additional feedback about us. If no rating or feedback is provided within the 24 (twenty-four) hour period referred to above, you will be deemed to have accepted the Pest Control Services and Skitterblink will make payment to us. In the event that you are unsatisfied with us and/or any part of the Pest Control Services, Skitterblink requests that you indicate same and provide details in your feedback.
4.4 Skitterblink will, where possible, use commercially reasonable efforts in assisting you with resolving any dissatisfaction with the Pest Control Services and procuring a refund where appropriate, provided however that Skitterblink makes no guarantees in this regard and this provision does not and should not be construed as conferring a right on you to issue a claim directly against Skitterblink for any unsatisfactory Pest Control Services, which you agree will be taken up directly by you with us.
5. ADDITIONAL ITEMS AND CHARGES
5.1 In the event that, during the performance of the Pest Control Services, any additional elements of Pest Control Services or related materials not initially ordered by you (”Additional Items”) are required for the completion of the Pest Control Services, we will notify you thereof and you will be required to approve for the Additional Items prior to the Additional Items being provided or performed by us.
5.2 Any additional work will be agreed with you and added for payment as Additional Items on the invoice or a second invoice will be submitted to you.
5.3 You agree to pay any additional charges if: –
5.3.1 the Estimated Quotation / Pro-Forma Invoice is amended due to unforeseen circumstances on site;
5.3.2 you pay Cash or Card;
5.3.3 you cause any delay in us carrying out the work;
5.3.4 our costs increase because of additional travel fees, extra personal protective equipment, increased amount of biohazardous waste to remove; or
5.3.5 there is any delay that we have no control over. (For instance, waiting for people to unlock doors or to get access to the premises.)
6. CANCELLATION OR POSTPONEMENT OF THE SERVICES
6.1 No cancellation fee will be charged if the date for provision of the Pest Control Services is postponed to another date or if the Pest Control Services is cancelled by you at least 24 (twenty-four) hours in advance.
7. YOUR RESPONSIBILITY
7.1 We are not liable for any loss, damage or extra charges because of anything listed in this clause. We are never responsible for lost keys and will not collect any keys or remotes.
7.2 We will not be responsible for triggering any alarm systems. You should give any special instructions for deactivation/activation of any alarm systems.
7.3 All outstanding accounts are subject to default listing on a national credit bureau database.
7.4 You will provide, on request, any information that we reasonably require to enable us to provide the services. We will contact you about this. If any information you provide is incomplete or incorrect, we may make an additional charge of a reasonable sum to cover any extra work that is required. Any additional charges will be agreed with you in advance.
7.5Where access to your property is required, you will allow us to gain access to your property at the agreed dates and times when we will perform the services. If keys are provided, they must open and close all locks without any special effort. If the property is protected by an alarm, you must provide full details of how to disable and reset it.
7.6 You will be responsible (at your own cost) for preparing the property for the supply of the services, where necessary, making safe any appliances or equipment, removing (if you are able to) any items from the areas in the property where we will be performing the services, covering any items, furniture or fittings which you will not be moving, to protect them from dust or dirt, as well as for securing or removing any valuables, breakables or sentimental items by the date and time when we is due to commence the works.
7.7 You shall provide at your expense, clear access to the work area, all necessary electricity/water supplies that might be required to enable the operator to carry out the work. Additional charges might apply otherwise.
7.8 It shall be your sole responsibility to: –
7.8.1 organise and pay for any parking necessary to complete the Pest Control work required.
7.8.2 locking away any valuables such as money, jewellery, handbags and cell phones;
7.8.3 arrange adequate and convenient access to the property to be treated such as gate access and/or house/office keys.
7.9 We are not responsible for any loss or damage if any work listed above is done by one of our employees/agents without our written agreement or permission.
7.10 All tasks and communication on site must be handled directly with the team leader.
7.11 The Customer gives permission to Skitterblink to communicate via electronic mediums in the future. The Customer will always have the option to unsubscribe from any marketing communication. The Customer consents to the processing of his/her personal data. Skitterblink may add the personal information to its database, which is confidential and will be treated in accordance with the Data Protection Act.
8. IF THERE IS A PROBLEM WITH THE SERVICES
8.1 Please contact Skitterblink either by phone or email and explain the issue as soon as possible. Give as many details as possible regarding the issue, including pictures, where necessary.
8.2 Please allow us a reasonable opportunity to investigate the problem and, if we were at fault, arrange to correct the problem.
8.3 If we were at fault, we will use every effort to correct problems as soon as reasonably practicable.
8.4 When there is suspected theft or breakages / damages caused by us in the Customer’s home or office, then the procedures supplied by Skitterblink, will be followed. See our website for theft procedure and breakage / damage procedure. We or Skitterblink can never accept or be held liable by the Customer / 3rd Party for any illegal act or misconduct being perpetrated by one of our employees or Service Partners.
9. OUR LIABILITY FOR LOSS OR DAMAGE
9.1We are liable for the loss or damage of your items/goods, in terms of section 51 of the Consumer Protection Act 68 of 2008, if the cause of the loss/damage is directly caused by us, one of our employees and/or agents. Our liability will be limited to a maximum of 70% of the invoiced amount sent by Skitterblink.
9.2 If we damage your premises, you must take note of this and record the alleged damage on our Job Card. The damage to the premises must be confirmed in writing to Skitterblink by email within 24 (twenty-four) hours calculated from the date of the completion of the service. We may arrange to have any damage repaired ourselves and must be given the chance to do so.
9.3 We shall not be held liable for unavoidable damage caused, or any unforeseeable loss that you or any other party may suffer as a result of the work carried out, nor shall we be liable for any loss of any nature which is not caused by our negligence or our breach of the terms and agreement between us.
9.4 For the avoidance of doubt, we shall have no responsibility or liability in relation to the following:
9.4.1 pre-existing wear and tear, damage, defects or faults in your property, its contents or belongings;
9.4.2 disruption to the services or damage to the property or belongings caused by third parties who are present on site during the performance of the services;
9.4.3 damage to the property, its contents or your belongings caused by faulty products, materials or equipment provided by you and used by us in the performance of the services.
9.5 We are not liable for loss/damage resulting from:
9.5.1 war (whether declared or not), invasion, sabotage, civil war, rebellion, military coup or similar situation beyond our reasonable control;
9.5.2 fire, burglary or flood;
9.5.3 previous moth, vermin or similar infestations;
9.5.4 atmospheric or climatic changes;
9.5.5 discolouration, such as any change of colour, fading, stains,
9.5.6 difficult access to or from any room building or other location; or
9.5.7 indirect (consequential) loss; or
9.5.8 shrinkages of any items.
9.6 We are also not liable for loss/damage to any:
9.6.1 fragile or brittle items;
9.6.2 items with an inherent defect (a problem that was already there);
9.6.3 mechanism in any clockwork, electronic or motor-driven item (unless this is any visible sign of impact damage on the outside of the item).
9.7 We reserve the right to investigate, using appropriate measures selected by us, any allegations of theft that are made by you against our employees or service partners. If no liability is found, you could be held liable for the costs incurred during the investigation.
9.8 No liability for any loss or damage to your items will be accepted by us unless written claims notification is received by Skitterblink by email within 24 (twenty-four) hours calculated from the date of completion of the services by us. Time limits are essential to the contract.
10. Confidentiality and non-disclosure clause
10.1 “Confidential Information” means non-public information which is either clearly identified at the time of disclosure as “confidential” or is by its nature clearly confidential. “Confidential Information” shall include, but is not limited to information concerning each party’s business methods, business plans, development plans, financial and/or commercial information and particularly includes the personal information relating to an identifiable natural person and/or existing juristic person, being lawfully collected and processed by the disclosing party in accordance with the Protection of Personal Information Act, No. 4 of 2013 (hereinafter referred to as the “POPI Act”).
10.2 The parties confirm that they have read, understood and hereby irrevocably agree to be bound by the terms of Skitterblink’s Privacy Policy, accessible on www.skitterblink.co.za.
10.3 Each party agrees to hold the other party’s confidential information in confidence during and after the termination of this agreement. The parties shall disclose it only to the officers, directors, employees, subcontractors, authorised agents, subsidiaries or franchisees who have a need to know in order to perform his/her duties in terms of this agreement and have agreed to comply with the terms of this clause.
10.4 The receiving party undertakes to ensure that the confidential information is treated and managed in accordance with stringent security measures to prevent any unauthorized access or disclosure thereof. The receiving party also agrees to comply with all laws and regulations, including but not limited to, the POPI Act and Skitterblink’s Privacy Policy.
10.5 The receiving party specifically undertakes, for the duration of this agreement and upon termination thereof, not to sell, let hire or otherwise utilize the disclosing party’s confidential information other than for the purpose for which the information was disclosed.
10.6 The parties understands that the unauthorized disclosure of the confidential information to a third party may cause irreparable loss, harm and damage to the disclosing party. Accordingly, the receiving party indemnifies and holds the disclosing party harmless against any loss, claim, harm, or damage of whatsoever nature, suffered or sustained by the disclosing party pursuant to a breach by the receiving party of the provisions of this agreement or Skitterblink’s Privacy Policy.
10.7 The provisions of this clause shall endure for as long as the confidential information remains in the possession, control or knowledge of the receiving party, irrespective of the termination date of this agreement.