TERMS OF USE

PEST CONTROL TERMS AND CONDITIONS 

Lemonade Lawn Care LLC is licensed and regulated by the Texas Department of
Agriculture, Structural Pest Control Service, Post Office Box 12847, Austin, Texas
78711-2847, telephone (888) 918-4481. 

1. SERVICE PLEDGE. We agree to apply products to control the above-named pest(s)
in accordance with the terms and conditions of the Service Contract (“Contract”). All
labor and materials will be furnished to provide the most efficient pest control and
maximum safety required by federal, state, and local regulations.

2. SERVICE RENEWAL. This Contract shall be for an initial period of one (12) month,
and thereafter shall continue to renew itself on a month-to-month basis, at a 
monthly rate equal to the previous year ’s monthly rate plus one dollar, until such
time as either party cancels by giving thirty (30) days written notice before the
upcoming expiration date. In the event that the account is terminated before the end of the initial term LP will calculate the total owed for all rendered services and compare it to the total monthly payments completed. Should there be a difference, LP will charge the card on file for the difference owed to cover the services rendered. 

3. SERVICES PROVIDED. Lemonade Lawn Care (LLC) will conduct a thorough visible
inspection of the premises for evidence of infestation and will provide treatment for
the control of the pest(s) as determined appropriate by LLC. LLC will apply pest
control products in accordance with the directions of the manufacturers of the
products; U.S. EPA approved labels; and the requirements of federal and state laws
and regulations. For purposes of this Control “control” is defined as the periodic
eradication of existing infestations within practical limits.

4. LIMITS OF LIABILITY. Although LLC will exercise reasonable care in performing
services under this Contract, LLC will not be liable for injuries or damage to persons,
property, birds, animals or vegetation, except those damages resulting from gross
negligence by LLC. Further, under no circumstances will LLC be responsible for any
injury, disease or illness caused, or allegedly caused by bites, stings, or any insects
or rodents, whether included or excluded under this Contract. To the fullest extent
permitted by law, LLC will not be liable for personal injury, death, property damage,
loss of use, loss of income or any other damages whatsoever, including
consequential and incidental damages, arising from this service.LLC ’s liability is
specifically limited to the labor and products necessary to help reduce pest
populations.
5. DAMAGES. LLC is not responsible for repairs to damages in its inspection(s). In
In addition, hidden damage may exist in concealed, obstructed or inaccessible areas.
No attempt to remove siding, plastic or sheetrock, insulation, carpeting, paneling,
etc. to search for hidden infestation/damage. LLC cannot guarantee that the
infestation/damage disclosed by the floor- level visual inspection of the premises
shown above represents the entirety of the infestation/damage which may exist as
of the date of the initial control application. LLC shall not be responsible for
repair of any existing or future damage, including without limitation, any damage
that existed in areas or in structural members, which were not accessible for visual
inspection as of the date of this or any inspection(s). It is advisable that a qualified
building expert inspect the property to determine what effect, if any, the
infestation/damage has upon the structural integrity of the property.


6. PAYMENT TERMS. Payment for this Contract is set up on automatic monthly ACH
or credit card withdrawal(s) or charge(s). LLC utilizes secure, encrypted software to
process all payments. In addition to utilizing secure, encrypted software to process
all payment transactions, LLC will take all reasonable steps to keep Customers’ 
financial information secure and private. LLC accepts no liability for fraudulent
charges made to Customer’s financial resources.


7. NSF FEES. It is the Customer’s responsibility to notify LLC in the event of a change
in their bank account or credit card information. In the event the Customer’s ACH or
credit card are declined for any reason by the Customer’s financial institution, the
Customer will be billed and agrees to pay a $35.00 fee to IPL for time spent
resolving the declined payment.


8. NON-PAYMENT. Customers will pay LLC invoices on receipt. LLC may terminate
this Contract if payment is not received within thirty (30) days of the date of
invoice. In the event legal action is necessary to collect any amount due to LLC, LLC
shall be entitled to recover from Customer all reasonable costs of collection,
including reasonable attorney’s fees and expenses, in addition to any outstanding
amount due to LP. In addition, interest at the rate of 1.5% per month, being 18%
annually, or the highest rate allowed by applicable law will be assessed on any past
due amount owed by Customer until paid. This Contract and any extension of it’s
term will be effective only upon payment of the charges as provided herein.
9. TERMINATION.  LLC’s liability under this Contract will terminate and LLC will be
excused from the performance of any obligation(s) under this Contract should (1)
Customer allow another pest control operator and/or company to treat the subject
structure(s) during any term hereof, (2) LLC be prevented or delayed from fulfilling
its responsibilities under the terms of this Contract by reasons or circumstances
reasonably beyond LLC’s control, including, but not limited to, acts of war, whether
declared or undeclared, acts of any duly constituted government authority, strikes,
acts of God, or refusal of Customer to allow LLC access to the structure(s) for the
purpose of treatment or carrying out the terms and conditions of this Contract.
Upon termination LLC will be allowed on the premises to retrieve LLC property such
as but not limited to ActiveSense Hub, ActiveSense Sensors, Rodent Bait Stations,
Snap Traps, MultiCatch Traps, Live Traps and any other LLC equipment. If access is
denied a $550.00 fee will be charged to the clients ACH or credit card account. In the event that the account is terminated before the end of the initial term LLC  will calculate the total owed for all rendered services and compare it to the total monthly payments completed. Should there be a difference, LLC will charge the card on file for the difference owed to cover the services rendered. 

10. SEVERABILITY. If any part of this Contract is held to be invalid or unenforceable
for any reason, the remaining terms and conditions of this Contract will remain in
full force and effect.

11. CONTRACT. This Contract (together with any attachment(s), if any) signed by
LLC  and Customer constitutes the entire Contract between the parties and no other
representation or statements, whether oral or written, will be binding upon the
Parties.

12. Workmanship, Warranty and Liability. LLC , while performing any work
hereunder, will do its best to try to avoid damaging any part of the Customer’s
property, plants, or animals. LLC may cause cosmetic damage in some instances in
order to exclude rodent entry points; LLC is not responsible for repair of this
damage. Under no circumstances or conditions shall LLC be responsible for damage
caused by LLC regarding work performed except for damages caused by gross
negligence on the part of LLC. In no event will either party be liable to the other
party for indirect, special, punitive or consequential damages or loss of anticipated
profits. This warranty is given in lieu of any other warranty, merchantability or
fitness for a particular purpose. LLC shall not be liable or responsible for any special,
punitive, incidental or consequential damages.
13. Damage Caused by Insects or rodents. LLC does not warrant and is not
responsible for (1) any past, present or future damage to the Specified Structure(s)
or its contents caused by rodents or insects, (2) any costs or expenses incurred by
the Customer as a result of any such damage, or (3) any costs or expenses related
to future control or elimination efforts.

14. Customer Payment Obligation and Transferability. The obligation of LLC under
this agreement is conditioned upon continued payment of the monthly installments
of the Monthly Monitoring Fee as set forth above. Failure to continue to pay shall
Allow LLC to cancel this Service Agreement in its entirety and discharge LLC of any
and all liability and future obligations and any and all amount(s) paid shall become
property of LLC as liquidated damages hereunder unless Texas Department of
Agriculture determines that LLC has failed to treat according to the applicable rules
and regulations. This Service Agreement may be transferred to a new owner of the
Specified Structure. An Administration Fee of $50.00, plus applicable sales tax, will
be charged for transfer of ownership.
15. All equipment installed by LLC is the property of LLC and will remain the property
of LLC. The customer has no rights to any of the components.
Upon Termination of this Agreement, LLC or its representatives are authorized by
the customer to retrieve all of the components from the customer ’s premises. The
customer will grant the company or its representatives access to the premises for
retrieval of the components within 3 business days of the cancellation. Please see
section 10 Termination for details. A fee of $550.00 fee will be charged to the
clients ACH or credit card account