Terms and Conditions
These terms (together with the documents referred to on it) lays out the terms and conditions on which we supply pest treatments (the Services) as listed on the CONFIRMATION to you. The CONFIRMATION is issued per piece of work or within a contract of works.
Please read these terms and conditions carefully before requesting our Services. You should understand that by ordering any of our Services, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference. Agreement to these terms and conditions must be made by you prior to requesting any Services from us.
We are BETTER PEST CONTROL:
Better Pest Control Ltd. Registered in England and Wales under company number 11018275. Throughout these terms and conditions “we”, “us” and “our” or “Better Pest Control” shall refer to Better Pest Control Ltd, and, where appropriate, its employees, agents and consultants. Our main trading address is 32 Fairlight Avenue Chingford E4 6PA. We are members of the professional associations RSPH, NTPA and PROMPT. Our service is only intended for use by people resident in the United Kingdom.
You are THE CLIENT:
- a) THE CLIENT means the CLIENT specified on either the Service Agreement and or Job Sheet. A CLIENT can be either residential or commercial. Throughout these terms and conditions “you”, “your” and “yours” shall refer to THE CLIENT and, where appropriate, your family, employees, agents and consultants.
- b) By placing an order with us, you warrant that you are legally capable of entering into binding contracts, you are at least 18 years old and you are resident in the United Kingdom.
1 Our Pest Control Service
a) Our pest control services are carried out in a professional manner at the visit or visits as specified in the CONFIRMATION. Our Pest Specialist will use and apply pesticides/rodenticides and monitoring devices, as they deem appropriate on each visit. Any infestation covered by the agreement and discovered during a visit will be treated immediately.
b) Our pest specialist will report to the site contact on each visit and provide a post visit report on the findings, treatments and recommendations made during the inspection.
c) Additional visits/treatments to control the pests specified on the service agreement will be carried out as per the agreed schedule and pricing.
d) Residential services usually are case by case where commercial clients will require a contract of works, usually over an annual period to ensure suitable ongoing pest control services preventative work for the CLIENTS place of business.
THE CLIENT will make payments to Better Pest Control Ltd as agreed in the CONFIRMATION. As a small business, we appreciate prompt payment.
Better Pest Control does not accept any liability for loss, damage or injury to any domestic animals, livestock, birds, goods or equipment unless the loss, damage or injury was occasioned by negligence of us or our staff. Notice of such loss, damage or injury must be notified in writing to Better Pest Control Ltd within 7 (seven) days of occurrence.
This contract may be terminated by Better Pest Control Ltd forthwith if THE CLIENT is in breach of any of their obligations under this contract or (being a Company) goes into liquidation or if THE CLIENT shall commit an Act of Bankruptcy or have any receiving order made against them or shall make any arrangement with their creditors or any assignment for the benefit of such creditors or if distress or execution shall be levied or threatened upon any of THE CLIENTS property or any judgement against THE CLIENT shall remain unsatisfied for more than 14 (fourteen) days. THE CLIENT may only assign the burden of this contract with the written consent of Better Pest Control.
A commercial contract for ongoing works is binding for 1 (one) year from the start date and shall continue unless terminated at the end of the first year or any subsequent invoicing quarter subject to 1 (one) quarter’s prior notice in writing. THE CLIENT will be liable to half (50%) of the premiums that would become due up to the end of the contract period plus any premiums overdue up to the date of cancellation.
5 Contract formulation
a) After contacting us by either phone, email or via our website to request our services, we will discuss your requirements and discuss pricing. If you require a one off visit and treatment, we will provide you with a CONFIRMATION by email of our work and you will be required to agree it by reply of email.
If you require ongoing pest services, we will arrange a free, no obligation site assessment and provide a quotation for ongoing pest services and you will be required to agree t by reply of email. You will then receive a CONFIRMATION.
The contract between us (the Contract) will be formed when we send you the CONFIRMATION.
b) The Contract will relate only to those Services that we have confirmed in the CONFIRMATION. We will not be obliged to supply any other Services which may have been part of your order until it has been confirmed in a separate CONFIRMATION.
c) For the purpose of these conditions, the Relevant Pests shall be whichever pests are referred to in the CONFIRMATION. The General Terms together with the terms set out in the relevant schedule hereto shall apply to the Contract:
d) the terms in Schedule 1 apply to insect spray treatments;
e) the terms in Schedule 2 apply to fly treatments;
f) the terms in Schedule 3 apply to cockroach treatments;
g) the terms in Schedule 4 apply to rodent treatments;
h) the terms in Schedule 5 apply to wasp nest treatments
6 Price and payment
a) Service prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a CONFIRMATION.
b) 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.
c) Payment for all Services may be made by credit or debit card when the booking is made or in cash or by debit or credit card when our pest specialist arrives on site before treatment commences unless you are on agreed commercial payment terms. Unfortunately, we only accept payment by cheque if guaranteed. BACS payments can also be made.
7 Cancellations and refunds
a) Providing you give us at least 24 hours’ notice that you wish to change or cancel your appointment, we will refund you in full. If you give us less than 24 hours’ notice that you wish to change or cancel your appointment, you will be charged £35.00 (whether you have paid in advance or not) to cover our costs of the booking plus a reasonable administrative fee.
b) Please note that you may cancel the services at any time before the work is finished but if you notify us of the cancellation after we have arrived on site but before we start work, we will charge you 75% of the price and if you notify us after we start work, we will charge you the full price. This is to reflect the costs we will have incurred by that time.
c) Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the CONFIRMATION. 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):
- if our Pest Specialist was running late as held up by previous complicated treatments
- adverse weather conditions (as we cannot treat effectively in the rain)
- sudden operative sickness
- vehicle accident or local traffic difficulties encountered.
d) 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, 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 10% discount; or
- cancel our Service and obtain a full refund of any pre-paid fees. (We will usually refund any money received from you using the same method originally used by you to pay for your purchase).
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 this clause b, unless we have agreed in advance that you do not need to be present at that time.
e) If we have legitimate concerns over the safety of the treatment, or we believe the treatment could be compromised or where we believe our safety rules may not be adhered to (decisions shall be at our absolute discretion), then we shall treat the Contract as cancelled by us. There will be no charge for our visit and if any amount has been paid in advance, we shall refund it in full. 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.
f) 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 CLIENTS have not adhered to our conditions or requirements or where CLIENTS have interfered with or moved our poisons or bait. In such cases no refund will be provided.
8 Your obligations
a) You agree to undertake all pre visit tasks and compliance herein and any additional information in the CONFIRMATION or to ensure the premises are suitable for our pest specialist too undertake the work.
b) 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.
c) 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.
d) You hereby covenant 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 pest specialist on the nature of the hazard and the precautions to be observed.
e) 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 time, there is no entitlement to a refund and you will still be liable for our contracted fee.
f) To minimise pest incidence by carrying out in reasonable time any recommendations made by our Pest Specialist prior to or following a visit.
g) To make payment within the agreed timeframe and or as stipulated in the commercial payment terms as stated within the CONFIRMATION.
9 Our obligations
a) Subject to paragraph 1 of the relevant Schedule, our Service is to attend your site or property, inspect the relevant area and treat the active habitat of the Relevant Pests you have identified. We will aim to either eradicate the pests or control them, depending on the type of pest, location and safety issues.
b) 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.
c) Critical safety data information advising of the materials used and any precautions that are required will be left with you or can be obtained from our website www.betterpestcontrol.co.uk. It is a requirement of the Health and Safety at Work etc. Act 1974 and the Control of Pesticides Regulations 1986 that the CLIENT 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.
We warrant to you that our treatment aims to eradicate / control 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 the Service will be provided using reasonable care and skill.
11 Limitation of our liability
a) Subject to clause 9, if we fail to comply with these terms and conditions, we shall only be liable to you for the price paid (if any) for the Service.
b) Subject to clause 9, we will not be liable for consequential or indirect loss or damage caused from the treatment (or omission to treat the habitat), damage caused by the Relevant Pests, or losses that result from our failure to comply with these terms and conditions that fall into the following categories: loss of income or revenue, loss of business, loss of opportunity, loss of profits, loss of anticipated savings loss of data or waste of management or office time. However, this clause 9 will not prevent claims for loss of or damage to your tangible property that is foreseeable and due to our negligence.
c) If we believe that it would be unsafe to carry out the treatment, in accordance with clause 8 and 9, we shall not be liable for any consequential loss, whether direct or indirect, including the costs of paying an alternative contractor.
d) Nothing in these conditions excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, any breach of the obligations implied by section 2 of the Supply of Goods and Services Act 1982 or any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
- b) Please address any questions, comments and requests regarding our data processing practices to us at firstname.lastname@example.org
a) We aim to provide an excellent service to everyone, but we understand that we do not always get things right. If you have a concern or complaint, please raise this with us by calling us in the first instance.
b) If you are unsatisfied with the response or do not feel that an adequate solution has been obtained, please e-mail email@example.com. It would be useful if you set out full details of how you feel we have failed to deliver the services to a satisfactory standard or failed to meet your expectations. Your concerns will then be investigated and the outcome of the investigation will be explained to you by telephone, where feasible within 14 working days of receipt of the complaint.
c) In the event that you do not believe that the outcome is satisfactory, please ask for it to be referred to a director.
d) Whilst we appreciate that you may also refer a complaint to Trading Standards, the British Pest Control Association or the relevant local authority, we recommend that this is only done once you have exhausted the above process with us first.
e) A full copy of our Complaints Procedure is available on request.
14 Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our services, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with links to the appropriate pages on our website. 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.
All notices given by you to us must be sent to Better Pest Control Ltd at 32 Fairlight Avenue Chingford E4 6PA or firstname.lastname@example.org We may give notice to you at either the e-mail or postal address you provide to us when requesting services, or in any of the ways specified in clause 14 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or 3 (three) days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
16 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.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19 Entire agreement
a) These terms and conditions and any document expressly referred to constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
b) We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this Agreement will be for breach of contract.
c) Nothing in this clause limits or excludes any liability for fraud.
20 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 Services).
21 Law and jurisdiction
Contracts for the purchase of the Service through us and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.
22 Schedule 1: Terms specific to insect spray treatments
1) Our Service is to attend your premises, inspect the relevant area and treat the active insect habitat with the intention of eradicating the insects. These insects may include ants, bed bugs, beetles, dust mites, flies, fleas, moths, spiders and silverfish.
2) For residential properties, the price of the Service determined by size of property and type of infestation/s. For commercial properties, the pricing is determined on square footage and the type of pest infestations/s.
3) Prior to your agreed appointment time, we require you to carry out the following preparatory work throughout your whole premises:
- Cover and seal up any fish tanks.
- All beds 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.
- 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.
- Any additional points noted in the CONFIRMATION.
4) On arrival at the premises, we shall determine, at our absolute discretion, whether the premises have been sufficiently prepared in accordance with the aforementioned preparatory work.
- 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 you may 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.
5) 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.
6) Please protect your items. The insecticide may damage furniture and or possessions.
7) Limitation of our liability. By reading these conditions, you acknowledge that, subject to clause 9 we do not accept any liability for any loss or damage caused as a result of the use of insecticide.
8) You must leave the property during treatment and remain outside sprayed areas for at least 4 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.
9) After the treatment has been carried out and the 4-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.
10) You must not vacuum or wash down any non-food preparation surfaces for a period to two weeks after the treatment was carried out.
11) 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.
12) No re-call shall be undertaken within the first two weeks after the treatment is carried out.
13) We do not except liability for the spread of an infestation within a building. Nor do we except loss of fees from landlord, tenants etc.
23 Schedule 2: Terms specific to fly treatments
1) Our Service is to attend your premises, inspect the relevant area and treat the active fly habitat with insecticide with the intention of controlling the problem. This may not eradicate the flies and where applicable we will offer methods to proofing to stop further infestations.
2) The price includes one treatment only.
24 Schedule 3: Terms specific to cockroach treatments.
1) Our Service is to attend your premises, inspect the relevant area and treat the active cockroach habitat with the intention of eradicating the cockroaches.
2) The price of the Service is for carrying out staged treatments on three separate visits. If any additional treatments are required, additional payments will be due.
3) 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.
- All foodstuffs spillage to be removed prior to treatment and where ever possible food in sealed containers.
- Any additional notes in the CONFIRMATION
4) FOR YOUR OWN SAFETY, you must not move or touch any gel bait or monitor traps.
5) We shall use reasonable endeavours to eliminate the cockroaches but if this is not achievable with the three pre-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.
25 Schedule 4: Terms specific to rodent treatments
1) 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.
2) 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 the price has been pre-paid and we refuse to treat the area, or you decide not to make the additional payment, the amount pre-paid shall be returned to you without charge.
3) The price will depend on which type of pests you wish us to treat. We will only treat squirrels that are inside premises.
4) Clause 4.3 shall apply to the extent that we, at our absolute discretion, determine necessary, up to a maximum of three visits. In some situations, a single treatment is sufficient and in other cases two or three are needed.
5) 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.
6) 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 0208 524 2160 or 0770 9431635. In the event that you are unable to contact us, you must contact a veterinary practice and arrange for a suitably qualified practitioner to visit the property and kill the rodent to avoid unnecessary suffering. Better Pest Control will refund to you any fees incurred up to a value of £100 provided that you supply a valid written invoice and report from the vet.
7) Where there is evidence of infestations emanating from private or public sewers or from breaches in soil drains we may require you to obtain specialised inspections or works. We cannot inspect or treat utility company sewers.
8) 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 can arrange this at a cost dependent on requirement.
10) 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.
11) 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.
12) 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.
13) 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.
26 Schedule 5: 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.
3) Should any wasp nest treated remain active 3 days after original treatment we will revisit the premises to treat that specific nest, 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 a separate treatment at a 25% discount.
4) 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 half price.
5) Customers are advised that nest/s can remain active for 48 hours after treatment. All windows and doors in close proximity to the treated areas should kept closed and children and pets and kept away from treated area/s.