Residential Service Plan Terms & Conditions

1. Services. Pied Piper will provide the services described in the attached service plan (the “Service Plan.” This Agreement covers the treatment or re-treatment of the listed pest(s) only.

2. Fees and Expenses. Customer agrees to pay the fees set forth in the attached Service Plan. Payment is due in full before or at the time of service. Services will not be provided without prior payment. Failure to pay will cancel this Agreement and the Service Plan, release Pied Piper from all obligations or liability under this Agreement, and any amounts already paid will be retained by Pied Piper. Customer also agrees to reimburse Pied Piper for reasonable, documented expenses and all applicable sales tax as required by law, including state and local sales tax applicable to services provided. Customer agrees to maintain a current payment method on file and to promptly notify Pied Piper of any changes. Late payments will accrue interest at the lesser of 1.50% per month or the maximum legal rate, and Customer agrees to cover collection costs, including legal fees. After the initial term, Pied Piper may increase its rates by no less than 5% annually.

3. Term and Renewal. This Agreement shall be effective for an initial term of one (1) year. During the term, Pied Piper will provide the minimum number of services specified in the attached Service Plan. This Agreement will automatically renew for successive one (1) year terms unless either party provides written notice of nonrenewal at least sixty (60) days prior to the end of the then-current term. Each renewal will follow the same terms and conditions as outlined in this Agreement, subject to any fee changes in accordance with Paragraph 2. If either party provides timely notice of nonrenewal, this Agreement will terminate at the end of the current term, unless terminated earlier as provided in Paragraph 2.

4. Commitment to Term. Except as otherwise provided in this Agreement, Customer may not cancel before the end of the current term. Early cancellation is considered a breach, and Customer remains responsible for payment through the full term. No refunds will be issued for unused services or prepaid amounts. In the event Customer cancel early or fail to pay the remaining balance, Pied Piper may charge any card on file. Unpaid balances will be sent to collections and reported to major credit agencies.

5. Termination for Cause. Either party may terminate this Agreement upon written notice if the other party materially breaches this Agreement and fails to cure within thirty (30) days of written notice, or if the breach cannot be cured.

6. Termination Due to Relocation. In the event Customer moves before the end of the current term, Customer must provide at least sixty (60) days' written notice. If Customer’s new residence is within a 25-mile radius of the original service area, or farther at Pied Piper's sole and absolute discretion, service may be transferred to the new location for the remainder of the contract term, subject to property inspection and approval. If service cannot be transferred or Customer moves outside the service area, this Agreement may be terminated; however, Customer will still be responsible for the full remaining balance due under the Service Plan, including any amounts owed on an annual plan, and any prepaid amounts are non-refundable. This Agreement does not transfer to new property owners. Any future occupants must enter into a separate agreement with Pied Piper to initiate service.

7. Guarantee. Pied Piper guarantees control of covered pest(s) through regular service. If pest(s) return between visits, Pied Piper will provide follow-up treatments upon request; however, follow-ups are not unlimited, must be reasonably scheduled, and the frequency and scope of such follow-ups will be determined solely by Pied Piper. This guarantee applies only to the pest(s) specifically listed in the attached Service Plan and does not guarantee pest(s) will not return to the property. Pied Piper does not guarantee against present or future damage of the property or its contents and is not responsible for repair or replacement of any such damage. Additionally, Pied Piper is not responsible for any medical expenses, cleaning expenses, or personal injury claims arising from the presence or return of pest(s). Pied Piper does not guarantee work performed by others, and any exclusion or repair work done by the homeowner or third parties will void all warranties under this Agreement.

8. Customer Responsibility. Customer’s cooperation is essential for effective service. Customer agrees to cooperate with Pied Piper and respond promptly to reasonable requests, including correcting any conditions that attract pests, keeping the property in a reasonably clean and sanitary condition, and maintaining the structure to prevent hidden or inaccessible entry points. If Pied Piper identifies pest-friendly conditions that Customer fails to correct, all warranties and guarantees under this Agreement end automatically, and any follow-up treatments needed will be charged separately. Customer expressly consents to provide Pied Piper with reasonable access to the property, including both interior and exterior areas, as needed to perform services. Customer agrees to allow treatments at the required frequency, ensure timely access for scheduled visits, and provide at least 24 hours' notice to cancel or reschedule. A $25 fee applies to changes made within 24 hours, and a $50 fee applies if Customer cancels at the time of service or after the technician has arrived on-site. Customer agrees not to apply any pesticides, "booster" treatments, or similar pest control products or methods during the term of this Agreement. Customer also agrees to disclose any known prior pesticide treatments.

9. Structural Changes. "Covered structure" shall mean each building at the service address on the attached Service Plan, as it exists on the start date. Before Customer starts any addition, structural alteration, remodeling, or enclosure that changes a covered structure, Customer must give Pied Piper written notice at least fourteen (14) days before work starts, by email to the address in Paragraph 18. The notice must describe the change to each structure, including, but not limited to, changes to square footage, changes in use of the property, and the specific alterations or changes made to the property. Emergency repairs require notice as soon as practicable. If Customer is not the owner of the property, Customer must give notice of any known change, and Pied Piper may accept notice from the owner. Pied Piper may inspect the change and offer revised service, treatment, and pricing in a written change order signed by both parties. That change order is an amendment under Paragraph 23. Until the change order is signed by both parties, the changed area is not covered, the Paragraph 7 guarantee does not apply to infestation or damage Pied Piper reasonably determines the change caused or made more likely, and the Service Plan price does not apply to that area. Excluding the area is a right under this paragraph, not an amendment. This paragraph does not limit Paragraph 12 for services actually performed on unchanged areas. If Customer makes the change without notice, or declines inspection or the change order, Pied Piper may exclude the changed area by written notice. The current-term fee continues under Paragraph 4. If the change makes the Covered Structure unsuitable for the Service Plan, Pied Piper may stop service to that structure on the same terms as Paragraph 6, including Customer's responsibility for remaining payments. Paragraph 10 still requires Customer to pay replacement costs for equipment or records damaged by the change. Paragraph 11 does not apply to structural changes.

10. Equipment and Records. Any Customer records created by Pied Piper, if applicable, including but not limited to logbooks, signage, maps, diagrams, graphs, and other materials, whether printed or digital, are the sole property of Pied Piper. Any service equipment provided by Pied Piper, if applicable, including but not limited to termite and rodent bait station(s), rodent trap(s), encasement(s), fly light(s), insect monitor(s), animal live trap(s), and lure(s), also remains Pied Piper's property. Customer is responsible for the full replacement cost if any records or equipment are lost or damaged due to theft, misplacement, weather, acts of God, structural changes, vandalism, subcontractor actions, unauthorized removal or relocation, neglect, misuse, interference by any person or animal other than Pied Piper or its employees, including a child, guest, tenant, contractor or pet, cleaning or landscaping activities, or other causes. Replacement cost includes labor, travel, materials, and any necessary record recreation. Upon cancellation, any and all equipment related to the services provided by Pied Piper remain Pied Piper’s property, and Customer shall make the property available to Pied Piper to remove the equipment with reasonable notice. Refusal or failure to allow Pied Piper reasonable access to the property to remove the equipment shall require Customer to pay the full replacement costs plus pickup costs of the equipment. Pied Piper may pursue all available remedies to retrieve its equipment. Pied Piper reserves the right, in its sole discretion and professional judgment, to modify, substitute, or discontinue any equipment, components, or brands used in connection with the services provided.

11. Disclaimer. (i) In cases of severe pest infestation, Pied Piper reserves the right to inspect the property and adjust the service fee. If an adjustment is necessary, Customer will be informed and must approve the additional charges before service begins. If Customer does not approve, this Agreement will be voided with no cancellation fee and no further action will be required by either party. (ii) Customer agrees to hold Pied Piper harmless for any damage to landscaping, hidden wiring or pipes, roofing, plumbing, HVAC systems, or other conditions beyond Pied Piper's control that may occur during service.

12. Limited Warranty. Pied Piper warrants that it will perform the services (i) in accordance with this Agreement and the applicable Service Plan; (ii) in compliance with all applicable federal, state, and local laws and regulations; (iii) using personnel with the requisite skill and experience; and (iv) in a timely, professional, and workmanlike manner consistent with generally accepted industry standards.

13. Limitation of Liability. PIED PIPER MAKES NO WARRANTIES EXCEPT AS PROVIDED IN PARAGRAPH 12 ABOVE. ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY DISCLAIMED. IN NO EVENT SHALL PIED PIPER BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT PIED PIPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL PIED PIPER'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER UNDER THIS AGREEMENT.

14. Materials. All pest control materials shall comply with applicable federal, state, and local laws. Upon request, Pied Piper will provide a copy of the manufacturer's specimen label for any pesticide used. Manufacturer's specimen labels and safety data sheets are also available at www.thepiedpiper.biz.

15. Insurance. Pied Piper will provide a Certificate of Insurance upon request.

16. Change in Law. If a change in law affects the services provided under this Agreement, Pied Piper reserves the right to adjust the service charge or terminate this Agreement.

17. Force Majeure. Pied Piper shall not be liable for any failure or delay in performing its obligations under this Agreement due to causes beyond its reasonable control. In such cases, Pied Piper may adjust the service schedule or charges as necessary.

18. Notices. All notices, including any claims made under this Agreement, must be made promptly in writing to Pied Piper. Customer shall send any notices to Pied Piper at 320 N. Main St., Eufaula, Oklahoma 74432 or by email to contactok@thepiedpiper.biz. Emailing any notice to the above email address shall constitute effective only upon receipt by Pied Piper. Servicing notice to any other party, employ, or contractor of Pied Piper shall not constitute notice under this Agreement. Notices sent by Pied Piper to Customer may be sent to the email address on file for Customer and shall constitute service or notice pursuant to Paragraph 18 below and shall be effective when sent to the email address Customer has on file.

19. Electronic Communications and Execution. Customer consents to receive all communications related to this Agreement, including notices and invoices, by email or other electronic means. This Agreement may be signed electronically or in person, and in counterparts, each of which will be deemed an original and together will constitute a single Agreement. An electronically delivered copy of a signed Agreement will have the same legal effect as an original. Notices and claims Customer sends to Pied Piper are governed by Paragraph 18, above, and text messages or other electronic means of communication or notice from Customer to Pied Piper shall only be valid if in compliance with Paragraph 18, above.

20. Data Privacy. Pied Piper collects and uses Customer information solely for the purpose of providing services, managing accounts, processing payments, and communicating with Customer about Customer’s Service Plan. Customer’s data will not be shared with third parties except as required to perform services or by law. By signing this Agreement, Customer consents to this use.

21. Assignment and Parties. Customer may not assign or delegate this Agreement without Pied Piper's prior written consent which it may grant or withhold in its sole and absolute discretion. Any unauthorized transfer is void and does not release Customer from Customer’s obligations. Pied Piper may assign or delegate this Agreement without consent, including to affiliates or a purchaser of its assets. This Agreement is binding upon and benefits the parties and their permitted successors and assigns. No third party has any rights or remedies under this Agreement.

22. Survival. Any provisions of this Agreement that by their nature should survive termination or expiration will remain in effect after termination or expiration.

23. Entire Agreement and Amendments. This Agreement, including any attached Service Plan, constitutes the entire Agreement between the parties and supersedes all prior agreements or representations, written or oral. In the event of any conflict between this Agreement and any Service Plan, the terms of this Agreement will control. If any part of this Agreement is found invalid or unenforceable, the remainder will continue in full force and effect. No amendment is valid unless in writing and signed by both parties. No waiver is valid unless in writing and signed by the waiving party. A delay or failure to exercise any right does not waive that right, nor does partial exercise prevent full enforcement.

24. Dispute Resolution and Governing Law. The parties agree to make a good faith effort to resolve any dispute arising out of or relating to this Agreement through informal negotiation. If the dispute is not resolved within 30 days, it will be submitted to non-binding mediation before a mutually agreed-upon mediator in McIntosh County, Oklahoma. Each party will bear its own costs in connection with the mediation, unless otherwise agreed. If mediation is unsuccessful, either party may pursue legal remedies in the state courts located in Eufaula, McIntosh County, Oklahoma, or the U.S. District Court for the Eastern District of Oklahoma. Each party submits to the exclusive jurisdiction of such courts. This Agreement is governed by the laws of the State of Oklahoma, without regard to conflict of law principles. By entering into this Agreement, Customer acknowledges and agrees that Oklahoma law governs and that any legal proceedings must be brought in the specified Oklahoma courts.