GUARANTEE AND FREE RE-SERVICES

If, at any time in between regularly scheduled treatments, you are not completely satisfied with your results, the Company will return to treat the troubled area at no extra charge, following regulatory law guidelines and waiting periods. This guarantee applies to spot treatments of the specific area(s) where issues have been identified, and is not a full treatment of the entire property. The Company is committed to resolving the issue through additional treatments as necessary. Please note that ongoing service is essential for effective pest management, and any cancellation of services will be subject to the terms and conditions of this Agreement, including applicable fees.

YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. IF THE CUSTOMER CANCELS THE TRANSACTION BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AND SERVICE WAS RENDERED, THE CUSTOMER IS RESPONSIBLE TO PAY THE DISCOUNT RECEIVED ON THE INITIAL SERVICE.

EXCLUSIONS AND LIMITATIONS

1. TERM – This Service Agreement, as specified in the Length of Service Agreement section, is between OBEX Pest Defense, LLC (the “Company”) and the Customer. After the initial term of this Agreement, the Company will continue to provide Regular Services according to the Service Schedule until either party cancels this Agreement by giving 30-day written notice. Cancellation requests must be acknowledged by the Company. If the Customer submits a cancellation request via text message, email, chat or phone call, the Customer is required to respond to the Company’s follow-up communication confirming the cancellation. A response is necessary to ensure that all legal disclosures, final balances, and any other pertinent information are fully communicated. If a response from the Customer is not received, the account will remain active, and regular charges will continue to accrue. The Company reserves the right to increase the Regular Service Charge or Recurring Charge after the initial term of this Agreement (or after twelve (12) months, whichever is sooner), with a 30-day notice to the Customer.

2. SERVICE – The Company will provide pest control service for twelve (12) months, or longer, as specified under the terms and conditions of this Agreement. This Agreement does not guarantee, and the Company does not represent, that covered insects will not return to the Property, nor does the Company guarantee complete elimination of pests. Customer will be given a service day for the initial service and subsequent services, and the Customer agrees to make the premises available for service. If no one is present on the service day, the Company will service the outside of the property and send a record of service to the Customer’s email. Customer agrees to pay the normal charge for this outside service. The Company will service the inside of the property, at no additional charge, if requested by the Customer at least one business day prior to the service date. The Company reserves the right to increase the Regular Service Charge or Recurring Charge after twelve (12) months from the date of this Service Agreement, with a 30-day notice to the Customer.

3. CUSTOMER OBLIGATIONS – Customer understands that results of service are relative to, and dependent upon, the cooperation of the Customer as to housekeeping, sanitation, maintenance, and accessibility of areas to be serviced, including gated and/or locked area(s). Customer agrees to cooperate with the Company as reasonably necessary to facilitate treatment and control. The Customer agrees to promptly communicate any changes in service needs or concerns about the effectiveness of treatments to the Company. Water Faucets Usage: Customer authorizes OBEX and its representatives to access and use exterior water faucets on the Customer’s property for regular pest control treatments, when needed. The Customer acknowledges that water usage will be minimal, and limited to treatment needs. OBEX will not be liable for any water charges, fees, or expenses incurred by the Customer as a result of the use of the exterior water faucets for the pest control treatments. To opt out of exterior water faucet usage, the Customer must notify OBEX in writing before the next scheduled treatment. Opting out of this does not affect pricing or any other provision of this Agreement.

4. SERVICE EXCLUSIONS – Customer understands that this Agreement does not include the control or prevention of wood-infesting organisms, such as termites, powder post beetles, wood borers, carpenter ants, carpenter bees, wood wasps, or wood decay fungus. Customer understands that this Agreement does not include treatment for any mold or mold-like conditions, which is outside the scope of the intended treatment. The Company will treat for wasp nests on the Customer’s property; however, the Customer understands that this Agreement does not guarantee flying insect control.

5. FAILED PAYMENTS – If the Customer fails to make any payment within 30 days from the due date, the Company may, at its discretion, discontinue services and initiate collection proceedings. Upon failure to make such payment, the Customer agrees to pay all costs of collection, including a reasonable attorney’s fee. Further, the Customer agrees that if any of their payments become delinquent, the Company is authorized to electronically debit any account that the Customer has used for payment to the Company or any account that the Company has on record for the Customer to make any such delinquent payment(s), according to the authorizations and conditions of the Automatic Payments section of this Agreement.

6. REFERRALS AND CREDITS – Customer may receive a credit on their account of up to one month of their recurring monthly fee, once a Referred Customer (the “Referred”) has signed up and met the following conditions: a) Customer-provided information must match Referred account, b) Referred must be an active customer, and c) Referred must remain a customer for entire Term of their Agreement. Credit applies to Current Customer’s account only, and cannot be duplicated or transferred to Referred’s account. Account Credit has no cash value, may not be refunded and/or returned to Customer or Referred, and can be revoked at the sole discretion of Company. One-time courtesy credits may not be refunded or returned to Customer, even in the event of account cancellation, and must be used toward services on account.

7. EARLY TERMINATION – If the Customer decides to cancel before the end of the Term, a Cancellation Fee will apply, as detailed in the Payment Detail section of this Agreement. This fee, along with any outstanding balance, will be due immediately upon cancellation and charged according to the Automatic Payments section. The Cancellation Fee will not apply after the Term of this Agreement, unless a new Agreement is signed by the Customer. The Customer understands that this fee is not prorated for any time completed of the Term, will apply up to and including the day of its completion, and is still in effect should the Customer be disconnected for nonpayment by the Company.

8. REFUNDS – Should a refund be issued to the Customer, they understand and agree that funds may take: a) seven to ten (7-10) business days for release and processing to credit or bank check (debit) card, in addition to any timeline from their financial institution, or b) up to thirty (30) business days for a paper check mailed to the Customer. The Customer agrees that, upon termination of this Agreement, any unused portion of payment made to the account may be issued via credit card, bank check (debit) card, or physical check, following these timelines, at the Company’s sole discretion. Paper checks will only be mailed to the address listed on the Customer’s account, and will be sent via the United States Postal Service.

9. CANCELLATION, FINAL SERVICES, AND RODENT BAIT STATION REMOVAL – In accordance with the 30-day notice requirement outlined in Section 1, if a full service is due within this 30-day period, it will still be performed unless the Customer specifically requests otherwise. Re-service requests during this window will be honored, with a maximum of one additional visit. If rodent bait stations have been placed on the Customer’s property as part of the service, the Company will remove these stations upon cancellation. Either the final full service or the re-service visit may be used to remove the bait stations from the premises. A service will be added only for the removal of the bait stations, should either a full service not be scheduled within the 30-day window, or the Customer never requests a re-service. The final visit may not include a treatment of the property and may be solely for the removal of the bait stations.

10. RE-SERVICE POLICY – Re-services are limited to spot treatments for targeted areas of concern, based on the specific pest issue reported by the Customer. These are not full treatments of the property. Re-service requests can be made at https://www.obexpest.com/request-service. In most cases, someone over the age of 18 must be present for a re-service. However, a Customer is not required to be present if: a) The area of concern is described in detail, and b) The area is outside and does not require entry to the property. If access inside the property is necessary, either a door code must be provided with the Customer’s explicit permission, or someone over the age of 18 must be present. For any other re-service situations that involve entry or areas not covered by these conditions, someone over 18 is required to be present. Re-services are at the sole discretion of the Company and may be limited by regulatory laws for pesticide application, which may require intervals of 14-21 days depending on the product or location of the application. For example, exterior full services will need to wait, while interior-only applications will not have this limitation. Routing or other scheduling conflicts may also cause delays in service.

11. CHEMICAL INFORMATION WARNING – Virtually all pesticides have some odor which may be present for a period of time after application. If you or any member of your household believes you have sensitivity to chemical odor or chemicals, the Company recommends that you not have an initial or subsequent service performed at your premises until you have consulted with your family physician. At your request, the Company will provide information about the chemicals to be used in treating the premises, which are also available at https://www.obexpest.com/safety-data-sheets.

12. AUTOMATIC PAYMENTS – With the Company’s Automatic Check (when available) and Automatic Card Options, following the Customer’s Initial Service or Regular Services, the Customer’s credit card, checking account, or bank check card (displaying the Visa or MasterCard logo) will be automatically charged. Monthly recurring charges will begin starting the month after the Initial Service treatment and will continue until the Customer terminates this Agreement under the conditions of the Term section. The Customer authorizes the Company to initiate debit entries against the Customer’s credit card, checking account, or bank check card account for the regularly-scheduled services performed as listed in this Agreement and according to the terms and conditions of this Agreement. The Customer authorizes the credit card, the checking account, or the bank check card company to accept any debit entries initiated by the Company to be debited from the Customer’s account. Further, the Customer authorizes the credit card, the checking account, or the bank check card company listed in this Agreement to tender payment to the Company for services rendered, when it is charged, and to post the payment to the Customer’s account. The Customer is responsible for ensuring that all payment information is current and accurate. Any changes to payment information must be promptly communicated to the Company to avoid service disruption. The Customer has the right to cancel this automatic payment authorization by submitting to the Company written notice 30 days in advance of the intended termination of this authorization. This authorization will remain in effect until the Company has received that written notification of termination. Any card on file may be used for automatic payment at any time, at the sole discretion of the Company, if it has been added at any point by the Customer. It is the Customer’s responsibility to notify the credit card, the checking account, or bank check card company if this authorization is canceled. Cancellation of the automatic payment authorization does not cancel this Pest Control Service Agreement or the Customer’s responsibilities they’re under.

13. ASSIGNMENT – This Agreement may not be assigned in whole or in part by the Customer. The Customer agrees that the Company may assign or subcontract all or any portion of this Agreement, as well as the Automatic Payment Agreement in the Automatic Payments section of this Agreement, without notice to the Customer and any such assignee or subcontractor shall be entitled to the rights, benefits, privileges, and protection afforded to the Company under the terms of this Agreement.

14. SCHEDULING – While the Company strives to avoid any treatment delays, adjustments to the Customer’s service schedule may occasionally be necessary, and an exact treatment date cannot be guaranteed. These adjustments can shift the service date by up to 30 days, either earlier or later. This flexibility allows the Company to efficiently manage scheduling factors, including but not limited to the proximity of other nearby services, the Company’s presence in the local area, and other logistical considerations. In the event that a customer is not present and the service cannot be performed whatsoever, the Company will reschedule the service to the next available date in the local area, in accordance with this Agreement. Any of these adjustments are at the Company’s sole discretion, and may be with or without notice.

15. FILMING AND PHOTOGRAPHY – The Customer grants the Company the sole and absolute right, without compensation or other form of remuneration, to film, photograph, or utilize Unmanned Aircraft Systems, “UAS” (drone), to record service activities at the Customer’s location(s), in accordance with local, State, and FAA laws and regulations. Without obtaining separate consent, the Company may use this material in a variety of ways, such as social media, websites, and advertisements, at its sole discretion. Personal-identifiable information, including human likeness, if documented, shall be removed or not used for public display, unless expressed consent from the Customer is obtained for project(s) in a separate agreement. Recording and/or photography may take place with or without the customer’s prior consent, and all media that is captured will be the sole property of the Company. The Customer retains the right to opt-out of future media documentation at any time through written notice to the Company. Any footage or photographs already collected before the opt-out notice will be retained by the Company and may also continue to be used by the terms of this Agreement.

16. AGREEMENT CHANGES OR UPDATES – The Customer agrees that the Exclusions, Limitations, and their responsibilities under this Agreement shall continue for as long as the Customer maintains an active account. The Company reserves the right to change this Agreement from time to time. We will notify you about significant changes by placing a prominent notice on our website, emailing the listed address(es) on your account, and/or by updating any information at https://www.obexpest.com/pest-control-service-agreement. Your continued use of Services available after such modifications will constitute your: a) acknowledgment of the modified Policies; and b) agreement to abide and be bound by those Policies.

17. INDEMNITY AND WAIVERS – The Customer agrees to indemnify and hold harmless OBEX Pest Defense, LLC, its employees, agents, and affiliates from any and all claims, liabilities, damages, or expenses arising from or related to the services provided under this Agreement. This indemnity includes, but is not limited to, any damage to property or injury caused by pests, as well as any actions or omissions of the Customer that impede or affect the performance of services. These actions or omissions may include, but are not limited to, failure to maintain proper sanitation, failure to provide access to the property as required, failure to follow technician instructions regarding preparation or treatment, use of over-the-counter (OTC) or do-it-yourself (DIY) pest control products that may interfere with the effectiveness of OBEX treatments, or alterations to the environment that hinder pest control efforts (e.g., adding barriers, restricting access to areas, or changing conditions that were previously treated). The Customer also expressly waives and releases the Company from liability for any claims of personal injury (including stings, bites, or illnesses) or property damage (to the structure or contents) caused by wood-destroying organisms, voles, mice, fire ants, pharaoh ants, spiders, ticks, fleas, wasps, bees, or any other pests listed in this Agreement. The Customer waives any claim for damage or injury unless made in writing within one (1) year of treatment or incident. EXCEPT AS OTHERWISE PROHIBITED BY LAW, THE COMPANY DISCLAIMS AND SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, STIGMA, AND/OR LOSS OF ENJOYMENT DAMAGES.

18. MANDATORY ARBITRATION – The Company and the Customer agree that any claim, dispute, or controversy (“Claim”) between them, or against their employees, agents, or assigns, and any Claim arising from or relating to this Agreement or the resulting relationships, including but not limited to any tort or statutory Claim, shall be resolved by neutral binding arbitration by the American Arbitration Association (“AAA”). The arbitration will be conducted under the AAA rules in effect at the time the Claim is filed. Any arbitration hearing at which the parties appear personally will take place at a location within the United States federal judicial district in which the Customer resides. AAA Rules and forms may be obtained, and all claims shall be filed, at any AAA office, www.adr.org, or by calling 1-800-778-7879. Each party shall be responsible for paying its own attorneys’ fees, costs, and expenses; the arbitration fees and arbitrator compensation shall be payable as provided in the AAA Rules. However, for a Claim of $15,000 or less brought by the Customer in his/her/its individual capacity, if the Customer so requests in writing, the Company will pay the Customer’s arbitration fees and arbitrator compensation due to the AAA for such Claim to the extent they exceed any filing fees that the Customer would pay to a court with jurisdiction over the Claim. The arbitrator’s power to conduct any arbitration proceeding under this arbitration agreement shall be limited as follows: any arbitration proceeding under this Agreement will not be consolidated or joined with any arbitration proceeding under any other agreement, or involving any other property or premises, and will not proceed as a class action or private attorney general action. The foregoing prohibition on consolidated, class action, and private attorney general arbitrations is an essential and integral part of this arbitration clause and is not severable from the remainder of the clause. The decision of the arbitrator shall be a final and binding resolution of the Claim. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16. Judgment upon the award may be entered in any court having jurisdiction. Neither party shall sue the other party with respect to any matter in dispute between the parties other than for enforcement of this arbitration agreement or of the arbitrator’s award. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, BUT THEY CHOOSE TO HAVE ANY DISPUTES DECIDED THROUGH ARBITRATION.

19. ENTIRE AGREEMENT – The Customer acknowledges that the only terms and conditions of this Agreement are those stated within this document and that there are no other terms, written or oral, or provisions that apply other than those printed herein. If any provisions of, or portions thereof, this Agreement is found to be invalid or unenforceable, it shall not affect the validity or enforceability of any other part of this Agreement.

THIS IS A COPY OF THE PEST CONTROL SERVICE AGREEMENT FOR OBEX PEST DEFENSE, LLC. THESE POLICIES APPLY TO ALL CURRENT CUSTOMERS.