Terms and Conditions

Modern Solutions Pest Control

Modern Solutions Inc, hereafter referred to as MS, and the customer and/or their authorized agent, hereafter referred to as “Customer”, agree to the following Terms and Conditions:

1. COVERED PESTS

Covered pests include odorous house ants, Asian beetles, boxelders, Stink bugs, earwigs, yellow jackets, Beetles, Pill Bugs, Crickets, wasp, hornets, bees (except honey bees), German roaches.

2. NON-COVERED PESTS

Pests such as Honey bees, Carpenter bees, Carpenter Ants, bed bugs, flying insects, termites, wood destroying insects, Lawn & Ornamental pests, voles, moles , molds & fungi, rodents-rats, mice (unless selected in this agreement), other vertebrate pests (such as raccoons, squirrels, and opossums), and any other pest not listed as a covered pest by this agreement.

3. FLEAS AND TICKS

Fleas and ticks are covered conditionally. Customers agree to have pets and yard treated within 24 hours of our treatment to ensure long-term control. Our treatments alone will not stop flea/tick infestations but will reduce the population until pet medications and/or yard treatments can eliminate the issue. If the issue is related to a wildlife infestation that must also be eliminated for free reservices to continue. Customer acknowledges and accepts these conditions. MS is not responsible for any flea or tick borne diseases due to an infestation.

4. SPIDERS and Stinging insects

Spiders and Stinging insects on the structure up to 12 feet are covered by this agreement. Spiders in the landscape are not covered.

5. SPECIFIC EXCLUSIONS FOR RETREATMENT ONLY SERVICE:
MS only obligation is to retreat the Structure(s) if covered pests are found. Accordingly, Customer agrees that this Agreement does not cover, and Modern Solutions shall not be responsible or liable for, any of the following:
 a. Preventing all pests. We cannot guarantee you will never see another pest.
 b. Personal expenses or economic damages such as lodging, meals, transportation, medical, gas, utilities, etc..., or reimbursement for loss of quiet enjoyment, loss of use or diminution in value of the Structure(s); or any indirect, special, or consequential damages, including loss of anticipated or actual profits, income or business opportunities, which arose as a result of an infestation of or damage caused by any service provided under this Agreement.

  c. With the exception of prevailing party fees awarded as a result of any collection action addressed in Paragraph 15 below, attorney’s fees of any kind, including those provided by any statute (including a Proposals for Settlement and Load Star Multiplier) and any state or federal rule of procedure.
 d. Injury or death to any domestic pets or feral animals. e. Damage caused by Modern Solutions to trees, shrubs, flowers, sprinkler systems or portions of Structure(s) that interfere with the services provided under this Agreement.

No provision within this Agreement should be construed to mean that pests will never infest, reinfest, or damage the Structure(s). These specific exclusions are in addition to any and all other exclusions, disclaimers, limitations, or conditions contained within this Agreement.

6. LIMITATION ON LIABILITY:

In the event that any of the exclusions in Paragraph 5 do not apply for any reason, to include Modern Solutions negligence or breach of this Agreement, Modern Solutions liability for any claim whatsoever is limited to the total amount indicated on the front of this Agreement. This Agreement is not intended to benefit any person or entity other than the named Customer or subsequent Transferee.

7. DUTY TO AVOID CONDUCIVE CONDITIONS

Customers agree to cooperate with MS during the term of this Agreement by avoiding and eliminating those conditions or factors that might contribute to pest infestations or disrupt the effectiveness of the treatments. These conditions include, but are not to be limited to, construction defects, trash and sanitation issues, build up of pest harborage sites, and moisture leaks in the structure.

The Customer also agrees to inspect incoming items for pre-existing pest infestations. In no event is Modern Solutions responsible for any additional service or damage to the Structure(s) or its contents resulting from conditions conducive to a pest infestation. Customer agrees to eliminate any conducive conditions identified within sixty (60) days of Modern Solutions written notification of such conditions. Customer’s failure to eliminate the conducive condition within sixty (60) days of Modern Solutions written notification will render this Agreement voidable, in whole or part, by Modern Solutions discretion.

8. CHANGE IN LAW

Should any federal, state or local law or regulation change affecting this Agreement or the services or treatment provided thereunder, Modern Solutions is authorized to take any action necessary to bring itself into compliance with said laws. If Modern Solutions cannot modify the terms of this Agreement or its services or treatment in order to comply with such change in the law, then Modern Solutions reserves the right to immediately terminate this Agreement.

9. CHEMICAL SENSITIVITY

If Customer or an occupant of the Structure(s) knows, or believes, that he or she may be sensitive to pesticides, written notice must immediately be provided to Modern Solutions prior to any treatment or retreatment performed on the Structure(s). Modern Solutions reserves the right, upon receipt of such notification, to deny or terminate service. Failure to provide this notification represents Customer and occupants’ assumption of the risk and waiver of any claims against Modern Solutions in connection with such sensitivity.

Customer further agrees to indemnify, protect and hold harmless Modern Solutions from any and all chemical sensitivity claims, causes, actions, judgments, costs, attorney's fees, expenses and losses of every kind and character, whether direct or indirect, brought by Customer or other occupants of the Structure(s), if Customer fails to provide the above written notice.

10. BINDING ARBITRATION:

Customer and Modern Solutions agree that any and all controversies or claims between them arising out of or relating to this Agreement, or the breach thereof, shall be settled solely and exclusively by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall be conducted in Rockford, Winnebago County, Illinois, using the substantive law of Illinois governing the issue or claim in dispute. The arbitrator shall be independent, mutually agreed upon, and to the greatest extent possible, be knowledgeable in pest

control and building construction matters by education, experience, licensing and training to deal with the issues and claims presented.

Neither party shall sue the other where the basis of the suit is or arises out of this Agreement, other than for (1) enforcement of this arbitration provision, (2) appointment of an arbitrator if one cannot be mutually agreed upon, or (3) enforcement of the arbitrator’s decision. The Parties agree that the sole and exclusive venue of any suit shall be Rockford, Winnebago County, Illinois. All costs, expenses, and fees of arbitration and settling a controversy shall be borne equally by the parties. This arbitration provision shall survive cancellation, expiration, or termination of this Agreement.

11. TRANSFERABILITY

This Agreement is transferable to a new owner of the Structure(s) at Modern Solutions discretion.

12. TERMINATION
Customers may cancel this agreement at any time by sending written notice to Modern Solutions. Customer agrees to pay all balances due up to that point in time. Modern Solutions responsibilities, duties, obligations, and any liabilities under this Agreement shall be terminated if Modern Solutions is prevented or delayed from fulfilling any of its duties, obligations, or responsibilities under the terms of this Agreement by reasons or circumstances beyond its control or by the Customer’s interference or refusal to provide Modern Solutions with access to Structure(s).

Customer agrees to provide unimpeded access to the treated

GENERAL TERMS AND CONDITIONS

Structure(s) on the property for any inspections or treatment as deemed necessary by Modern Solutions. If payment for services is not received by the due dates on this agreement, Modern Solutions responsibilities, duties, obligations, and any liabilities under this Agreement shall also be immediately terminated.

13. PRICE INCREASES

Modern Solutions agrees to hold the pricing on the front of this agreement without any increases for the first year of service after the date of this agreement. After one year, Modern Solutions can increase the pricing up to 5% at their discretion without prior notice to customers.

14. SEVERABILITY

Customer agrees that if any part of this Agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this Agreement shall remain in full force and effect.

15. NON-PAYMENT/RIGHT TO LIEN

Notwithstanding any provision within this Agreement to the contrary, Modern Solutions may initiate a legal action to recover all unpaid balances. In the event a collection service is utilized or legal action becomes necessary to recover unpaid balances, Customer will be responsible to pay all expenses associated with said collection, including attorney’s fees and costs. In the event that Customer fails to pay any sum due and owed under the terms of this Agreement, Modern Solutions has the right to immediately place a lien on Customer’s property at the maximum interest allowed by law and terminate this Agreement.