Turner Pest Control Terms & Conditions

Turner Residential Services Agreement

1 Agreement Documents

These Residential Terms and Conditions are incorporated into the Turner Pest Control, LLC Order Form between Turner Pest Control, LLC (Turner) and the customer identified on the Order Form (Customer). The Order Form, these Terms and Conditions, and the service-specific provisions that apply to the Services selected on the Order Form are collectively the Agreement.

Capitalized terms not defined in these Terms and Conditions have the meanings given in the Order Form or the applicable service-specific provisions. If a service-specific provision directly conflicts with these general terms, the service-specific provision controls for that Service.

2 Effective Date Term Renewal and Termination

2.1 Effective Date and Initial Term

The Agreement begins on the earlier of the date Customer signs the Order Form, or the date Turner performs the initial treatment identified on the Order Form (Effective Date). Unless the Order Form states another expiration date, the initial term is one year (Initial Term).

2.2 Renewal

Termite and wildlife Services may renew for successive one-year periods, subject to approval by an authorized Turner representative, including a properly licensed field inspector when required by applicable law. All other Services automatically renew month to month after the Initial Term unless Customer or Turner gives 30 days’ written notice of termination. In no circumstance will Turner be obligated, have a duty, or be committed to make any payment under this Agreement which exceeds the lesser of the replacement cost of the Covered Property or the value of the Covered Property, up to a maximum of $500,000 if Turner did not complete pretreat for the property or maximum coverage of $1,000,000 if Turner completed the pretreat for the property. There has been continuous annual renewal at all subsequent times; thus, it will pay for the covered repairs.

2.3 End of Agreement

The Contract Period begins on the Effective Date and continues through the Initial Term and each applicable renewal period. The Agreement ends immediately if a required renewal payment is not received on time, or Turner does not approve a renewal that requires approval. Customer must pay all amounts due for Services Turner provided before termination or expiration.

2.4 Price Changes

Effective in the second year of service and annually thereafter, Turner reserves the right to adjust pricing for services provided.
Fuel/Transportation Surcharge. Like many other companies that are impacted by the price of gasoline, a rise in gasoline prices may necessitate a fuel surcharge. As such, the Company reserves the right to add a fuel surcharge to Customer’s invoice for any increase in the cost of fuel as measured above the same time period in the prior year (by the National U.S. Average Motor Gasoline-Regular Fuel Price per Gallon Index reported by the U.S. Department of Energy). The surcharge may be adjusted monthly (up or down) with the price of gasoline. 

3 Services Covered by the Agreement

The Agreement applies only to Services selected on the Order Form. The following provisions govern each available Service:

  • General Pest Control Services are governed by Part II.
  • Termite and TurnerGuard Protection Plan Services are governed by Part III.
  • Tentless Termite Treatment Services are governed by Part IV.
  • Wildlife, exclusion, SMART monitoring and trapping Services are governed by Part V.
  • Lawn, Shrub and Flower Bed Services are governed by Part VI.
  • Mosquito Services are governed by Part VII.

Additional SMART Service terms are available at https://www.turnerpest.com/terms-conditions/ and apply only when the Order Form includes SMART monitoring or SMART pest-control Services.

4 Customer Payment and Cooperation

If Customer fails to meet an obligation under the Agreement, Turner may terminate the Agreement and Contract Period immediately, to the extent permitted by law. Customer waives any claim for a refund after such termination and remains responsible for amounts due to Services Turner provided.

4.1 Amounts Due

Customer must pay all fees and charges by the due date on the Order Form. If the Order Form does not state a due date, payment is due before Turner performs the applicable Service.

4.2 Installment Plan

If Turner approves an installment plan, Customer will pay the initial service charge in three equal payments. The remaining two payments will be charged automatically to the card on file on the same calendar date during each of the next two consecutive months. For example, if the first payment is charged January 15, the remaining payments will be charged February 15 and March 15.

4.3 Late Payments and Collection

If Turner does not receive full payment within 30 days after the due date, Turner may charge the lesser of 18  percent annual or 1.5 percent per month or the maximum rate permitted by law. If payment remains unpaid 48 days after the due date, Turner may take commercially reasonable collection steps at Customer’s expense.

4.4 Access and Cooperation

Customer must reasonably cooperate with Turner and provide access to the Covered Property for inspection, evaluation and performance of the Services. Turner is not responsible for a failure or delay caused by Customer’s failure to provide required access. For termite and TurnerGuard Services, Customer must allow Turner to inspect potential or confirmed Termite Activity and related damage before the affected area is altered, destroyed or repaired. For Lawn, Shrub and Flower Bed Services, Customer must allow Turner to inspect the conditions identified on the Order Form or applicable property diagram.

Termite Activity means live subterranean or Formosan termites identified and verified by Turner, together with visible evidence of damage caused by the identified termites.

4.5  TurnerGuard Cancellation or Downgrade

If Customer fails to pay on time or cancels or downgrades TurnerGuard Services before the Initial Term ends, Customer must pay a $300 fee and the remaining balance associated with the last Service performed at the property. A downgrade also requires a new agreement.

5 General Legal Terms

5.1 Entire Agreement and Changes

The Agreement is the entire agreement between Turner and Customer regarding the Services. Customer is not relying on any statement or representation that is not included in the Agreement. No Turner representative may modify the Agreement without written approval from Turner’s Corporate Office.

5.2 Warranty Disclaimer

EXCEPT FOR WARRANTIES EXPRESSLY STATED IN THE AGREEMENT, TURNER MAKES NO EXPRESS OR IMPLIED WARRANTIES. TO THE EXTENT PERMITTED BY LAW, CUSTOMER WAIVES ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

5.3 Claims, Damages and Liability

To the extent permitted by law, Customer releases and holds Turner harmless from claims arising from the Services or Covered Repairs, except for a claim to enforce the Agreement. Customer waives direct damages except as expressly provided in the Agreement, together with indirect, incidental, consequential, special or punitive damages or expenses arising from the Agreement or the Services.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF TURNER AND ITS AFFILIATES FOR CLAIMS ARISING FROM OR RELATED TO THE AGREEMENT OR SERVICES WILL NOT EXCEED THE FEES CUSTOMER PAID TURNER DURING THE SIX MONTHS BEFORE THE CLAIM. If applicable law does not permit a disclaimer or limitation, the warranty or liability will be limited to the minimum scope and duration permitted by law. In no circumstance will Turner be obligated, have a duty, or be committed to make any payment under this Agreement which exceeds the lesser of the replacement cost of the Covered Property or the value of the Covered Property, up to a maximum of $500,000 if Turner did not complete pretreat for the property or maximum coverage of $1,000,000 if Turner completed the pretreat for the property, and there has been continuous annual renewal at all subsequent times, thus will pay for the covered repairs. Turner shall not be held liable or in any way responsible or obligated to Customer as a result of any failure to perform pursuant to the Agreement, if such failure arises out of a cause beyond the control or without the fault or negligence of Turner including but not limited to acts of God, fires, floods, storms, explosions, acts of a public enemy, acts of civil or military authority, events resulting in Services or any portion of thereof becoming economic losses, governmental actions, unavailability of energy resources, system or communication failure, delay in transportation, fires, strikes, civil protests, riots or war, contagions such as pandemics, failure of supplies from ordinary sources, Customer’s failure to allow Turner access to Customer’s Covered Property for any purpose, specifically including reinspection and retreatment, whether the reinspection or retreatment was requested by Customer or Turner or any other reason beyond the control of Turner (each a “Force Majeure Event”). In the event of any such cause, Turner may use commercially reasonable efforts to fulfill the Agreement without waiver of the provisions of this clause.

5.4 Electronic Communications and Notices

Customer agrees that Turner may send billing, scheduling, service and contractual communications by automated call, email or text using the contact information on the Order Form. Unless applicable law requires another method, notice is given when Turner sends the communication. A change to Turner’s duties, obligations or commitments becomes effective 30 days after Turner sends notice, subject to applicable law.

5.5 Third Party Claims

The Agreement creates no rights for a third party or nonparty. To the extent permitted by law, Customer will indemnify and hold Turner harmless from third-party claims arising from performance of the Agreement.

5.6 Transfer After Sale or Ownership Change

If the Covered Property is sold or ownership changes during the Contract Period, the Agreement may transfer to the new or additional owner only after Turner gives written approval and receives a $150 transfer fee. A licensed field inspector must approve the transfer when required by applicable law.

5.7 Changes in Law

If applicable law changes, Turner may terminate the Agreement with 10 days written notice, or any longer notice required by law. Turner may also adjust the Renewal Payment or amend the Agreement at the beginning of a renewal period.

5.8 Governing Law Venue Jury Waiver and Severability

The law of the state where the Covered Property is located governs the Agreement, without regard to conflict-of-law rules. Any dispute must be brought in Duval County, Florida. Turner and Customer waive any right to a jury trial in an action arising from or relating to the Agreement or its negotiation. If any provision is unenforceable, it will be severed, and the remaining provisions will continue in effect.

5.9 Chemical Sensitivity Pregnancy and Health Conditions

Before treatment, Customer must notify Turner if Customer or any occupant or visitor may be sensitive to pesticides, termiticides or their odors, is pregnant or has another health condition that may be affected by treatment. Turner may decline or terminate Service after receiving notice. To the extent permitted by law, failure to provide notice constitutes Customer’s assumption of the related risk and waiver of related claims, and Customer agrees to indemnify and hold Turner harmless from claims by Customer, occupants or visitors arising from the undisclosed condition.

5.10 Insurance

Turner maintains insurance required by applicable law, including the Georgia Structural Pest Control Act and Florida Statute 482 when applicable. Information about this insurance is available from Turner upon request.

5.11 Events Beyond Turner Control

Turner is not responsible for a failure or delay caused by an event beyond Turner’s control and occurring without Turner’s fault or negligence. Such events may include acts of God, fire, flood, storm, explosion, acts of civil or military authorities, governmental action, energy or supply shortages, communication or transportation failures, strikes, civil unrest, war, pandemics and similar events (Force Majeure Event). Turner may use commercially reasonable efforts to perform the Agreement during a Force Majeure Event without waiving this provision.

This Part applies only when the Order Form includes General Pest Control Service.

6 General Pest Control Service

Turner will provide the following Services for the Covered Structure:

  • Visual inspection for ants, spiders, cockroaches, mice, rats, (wasps accessible up to 15 feet); and other pests expressly identified as Covered Pests.
  • Initial interior and exterior treatment on the first visit and after that outside service with inside upon request. 
  • Application of snake repellent at Customer’s request.
  • Additional Services included by Turner after notice to Customer, in Turner’s discretion. 

The exclusions in Appendix A apply. SMART Service terms apply only when SMART Service is selected on the agreement.

6.1 Additional Treatment

During the Contract Period, Turner may provide additional General Pest Control treatment that Turner determines is necessary for an additional charge. See Appendix A

6.2 Damage and Repair Limitations

Turner is not obligated to pay for damage or repairs caused or made necessary by a pest or insect. Turner is not obligated to repair or replace the Covered Structure or specially created or manufactured wall coverings, floor coverings, moldings, paneling, tile or other cosmetic work.

7 Covered Property

This Part applies only to termite or TurnerGuard Services selected on the Agreement. The structure or property covered by the Agreement is identified on the Order Form and, if applicable, the property diagram (Covered Property).

Customer must promptly notify Turner of any addition or alteration to the Covered Property, whether or not Customer requests coverage for the addition or alteration. Turner may require additional treatment or retreatment and may charge additional fees. If Customer does not obtain or permit required treatment, Turner may limit its obligations under the Agreement to the extent permitted by law.

8 Retreat Coverage

If Retreat Coverage is selected through a TurnerGuard Protection Plan or a standalone termite retreat agreement, Turner will retreat live subterranean and Formosan termites discovered during the Contract Period. Retreat Coverage does not pay for repairs to existing, prior, concealed or future termite damage.

9 Repair Coverage

Repair Coverage applies only when selected on the Agreement, and all eligibility requirements have been satisfied. Turner’s total repair obligation will not exceed the lesser of the replacement cost or value of the Covered Property and is subject to the following maximum limits:

  • $500,000 if Turner did not perform the original pretreatment of the Covered Property.
  • $1,000,000 if Turner performed the original pretreatment and coverage has renewed each year after pretreatment, continuously annual renewal at all subsequent times, thus will pay for the covered repairs.

10 Termite Repair and Retreat Exclusions

Turner is not obligated to pay for or provide Services or repairs for the following:

  • Damage caused or contributed to by Conducive Conditions that Customer does not correct within 60 days after Turner identifies the condition under a repair warranty.
  • Damage caused or contributed to by Termite Activity that existed before the Initial Treatment Date.
  • Damage caused by Termite Activity that was hidden or concealed from Turner during an inspection.
  • Damage caused or contributed to by a condition other than Termite Activity.
  • An area where stucco, coquina, Styrofoam, Spray foam insulation, and exterior insulation and finish systems or another material is installed in a manner conducive to infestation or in direct contact with the ground.
  • Crawlspace encapsulation and spray foam within the structure will need to be removed at customer expense to inspect or retreat to the area(s). If any area was sealed or spray foam was applied after service was complete, those areas will be voided from coverage. 

Conducive Conditions means a circumstance that contributes to or creates a condition particularly susceptible to subterranean or Formosan termites.

11  TurnerGuard Term and Renewal

TurnerGuard coverage begins on the earlier of the date Customer signs the agreement or the initial treatment date. Renewal requires timely payment and Turner approval when required. Coverage ends immediately if Turner does not receive a required renewal payment on time or does not approve the renewal. Customer remains responsible for amounts due before termination.

12 TurnerGuard Excluded Pests Conditions and Property

TurnerGuard covers only pests expressly identified as Covered Pests in the Agreement or applicable service description. It excludes other wildlife, pests, insects, rodents, wood-destroying organisms and arthropods, together with damage they cause. The detailed exclusion list appears in Appendix A and is incorporated into this Agreement.

Bed bugs are not covered under General Pest Control or Turner Core, Turner Defense Home Protection. Under the Turner Guard agreement, Bed Bugs are not covered for the first year unless heat treatment has been completed. After the first year, the property that is named as the service address on the agreement will be covered for product treatment only. If the client elects to have heat treatment performed, additional fees will apply, and a quote will be provided at that time.

This Part applies only when the agreement includes Tentless Treatment.

13 Scope and Exclusions

Tentless Treatment does not include structural fumigation. Under the Tentless agreement, the client understands this is not a guarantee to eliminate drywood and may require a fumigation at a later time. The client understands that fumigation will be at their expense. The agreement identifies Formosan termites, Dampwood termites, Asian termites, Eastern subterranean termites, powderpost beetles, old house borers, and All General Household Pests as excluded from coverage within this agreement.

13.1 Customer Preparation

Customer acknowledges receipt of the Turner Tentless Preparation Checklist and agrees to complete it before Turner arrives. Turner will not perform the Service unless Customer strictly completes the Checklist and satisfies the following requirements:

  • All people and pets must remain outside the structure for at least four hours after treatment is completed. The technician will notify Customer when treatment is complete.
  • Provide at least five feet of clearance around exterior doors and windows by moving furniture and stored items. Turner may drill near doors, windows, or other treatable areas to apply product.
  • Remove pictures, artwork, and other decor from walls near exterior windows and doorframes because drilling may cause vibration.
  • Provide clear enough space around the attic entrance for safe ladder access.
  • If attic access is in a closet, remove nearby items or cover them with plastic sheeting, a tarp or a spare sheet. Insulation may fall when the attic panel is opened.
  • Keep the crawlspace entrance unobstructed. The opening must be at least 16 inches high by 24 inches wide.

13.2 Activity Observed After Treatment

Evidence remaining from termite activity that occurred before treatment does not necessarily mean the treatment failed. Customer should contact Turner if new or suspected activity is observed. Turner will inspect new activity reported in an area that was not originally treated and may spot-treat the area as needed. Furniture, pictures, wood fences, and items that are not part of the frame structure are not covered.

13.3 Failure to Prepare Same Day Cancellation and Rescheduling

Turner may decline to perform Service if Customer has not completed the Tentless Preparation Checklist. Turner may assess a fee of up to $295 if the treatment area is not properly prepared, and the appointment must be rescheduled. The fee may also apply to a same-day cancellation.

This Part applies only to the wildlife, exclusion, SMART, or trapping Service selected on the Order Form. SMART Service terms at https://www.turnerpest.com/terms-conditions/ apply only when SMART Service is included.

14 Wildlife and Exclusion Service Options

14.1 Wildlife Exclusion Warranty

During the Initial Term, Turner warrants that wildlife species identified on the Order Form will not re-enter the structure through an exclusion point specifically repaired or sealed by Turner and shown on the inspection diagram. If covered re-entry occurs, Turner will repair the affected exclusion point at no additional charge. This warranty applies only to areas Turner modified and not to the entire structure. No warranty applies if the Agreement identifies the Service as No Warranty.

14.2 Exclusion with SMART Monitoring

This Service includes the applicable exclusion warranty and SMART monitoring while Customer meets all payment obligations. General Household Pest Service is not included.

14.3 Exclusion with SMART Pest Control

This Service includes the applicable exclusion warranty, SMART monitoring, and General Household Pest Service while Customer meets all payment obligations.

14.4 Exclusion Service with 60 Day Monitoring

This Service includes the applicable exclusion warranty and SMART monitoring for 60 days. Turner will remove SMART monitoring devices after 60 days.

14.5 Exclusion Service with No Warranty

This is a one-time Service and includes no SMART devices or guarantee.

14.6 Wildlife Trapping

Customer must inspect each exterior trap at least once each day before 9:00 a.m. and promptly notify Turner of any capture or activity. Failure to notify Turner before 9:00 a.m. may result in a $45 additional trip fee. If Customer’s failure to check a trap daily result in an animal’s death, Turner may charge a $149 dead-animal removal and disposal fee for proper disposal and trap sanitation.

Customer and any responsible third party must not touch or move Turner’s trapping equipment unless Turner directs them to do so. Customer is responsible for loss, damage or theft of Turner equipment while it is in Customer’s custody and must take reasonable precautions to protect the equipment.

This Part applies only when the Order Form includes Lawn, Shrub, and Flower Bed Services. If this Part conflicts with the general terms, this Part controls for these Services.

15 Covered Property and Pests

15.1 Covered Property Conditions

The Order Form or property diagram may identify the approximate treatment area and observed turf type, insect activity, disease, weeds, sunlight exposure, soil condition, turf color, thatch and other relevant conditions. Insect-only lawn treatments do not guarantee complete elimination of targeted turf-destroying insects.

15.2 Covered Pests

Covered Pests are grubs, chinch bugs, sod webworms, armyworms and mole crickets, subject to the limitations and exclusions below. Turner may, in its sole discretion, add Covered Pests by providing notice to the Customer.

15.3 Recurring Services

Turner will provide only the recurring Service selected on the Order Form:

  • Every other month. Turner will visually inspect the Covered Property for Covered Pests, grass type, turf density, thatch, disease, weeds, uncontrollable weeds, turf insect activity and existing turf damage. Turner will apply appropriate pre-emergent and winterized fertilization, weed control and treatment for Covered Pests, fungi and disease.
  • Monthly Zoysia Service. Turner will treat weeds, insects and disease as needed and apply low-rate nitrogen and micronutrients for health and color.

15.4 One-Time Services

Turner will provide only the one-time Service selected on the Order Form:

  • Aeration Service.
  • Flea Service. Insecticide treatment of harborage areas such as mulch, shrubs, and turf.
  • Mole Service. Bait applied to mole tunnels, with follow-up as needed for 30 days.
  • One-Time Lawn Treatment. No guarantee applies.
  • Armadillo Service. Product applied to kick-out holes, with follow-up as needed for 30 days. Armadillo trapping is governed by Part V and is not included unless selected separately.

15.5 Additional Treatment

During the Contract Period, Turner may provide additional Lawn, Shrub and Flower Bed treatment that Turner determines is necessary at no additional charge.

15.6 Service Limitations

  • Turner is not obligated to pay for or provide replacement of sod, grass, shrubs, or trees. The source agreement also limits coverage for lawns without a functioning in-ground irrigation system. (Insect lawn-only treatments do not guarantee total elimination of targeted pests and turf-destroying insects such as chinch bugs, sod webworms, mole crickets, armyworms, and grubs.) 

15.7 Excluded Services and Pests

Unless the Agreement states otherwise, these Services exclude weeds in non-turf areas such as flower beds; wildlife; pests, insects, rodents, wood-destroying organisms and arthropods that do not destroy turf or are not Covered Pests; and damage caused by excluded pests. Examples include opossums, raccoons, armadillos, fire ants, and moles.

15.8 Customer Responsibilities

Customer must follow all instructions Turner provides for watering, fertilizers, pest-control products and other conditions necessary for the Service.

This Part applies only when the Agreement includes Mosquito Service. If this Part conflicts with the general terms, this Part controls for Mosquito Service.

16 Mosquito Service

Turner will apply products to reasonably accessible mosquito resting and breeding sites on the Covered Property to help reduce mosquito populations. Mosquito Service is provided year-round and may be paused at Customer’s request.

  • Under the Turnerguard complete package, mosquito service will pause starting in November and will pick back up in March. 

16.1 Service Commitment and Customer Precautions

Mosquito Service is intended to reduce mosquito populations. Turner does not guarantee that the Covered Property will be free of mosquitoes. Customer and Customer’s guests must take appropriate precautions while outdoors to reduce the risk of mosquito-borne illness or disease. Customer acknowledges that Turner has advised Customer about conditions conducive to mosquito breeding. To the extent permitted by law, Turner disclaims liability for mosquito-borne illness or disease allegedly contracted from mosquitoes.

16.2 Mosquito Service Liability

To the extent permitted by law, Turner is not liable for personal injury, property damage, loss of use or consequential or incidental damages arising from Mosquito Service. Turner’s total liability for a claim arising from Mosquito Service will not exceed the fees Customer paid Turner for Mosquito Service during the 12 months before the event giving rise to the claim.

Unless expressly identified as Covered Pests on the Order Form or in an applicable service description, the following are excluded from TurnerGuard coverage, together with damage they cause:

  • Caribbean crazy ants, tawny crazy ants, raspberry ants and related species.
  • Drywood termites and powerpost termites, including Calcaritemtes nearcticus, Crypototermes brevis, Crypototermes cavifrones, Incisitermes milleri, Incisitermes minor, Incisitermes schwartzi, Incisitermes snyderi, Kalotermes approximates and related species.
  • Dampwood termites, including Prorhinotermessimplex, Neotermes castaneus, Neotermes luykxi and Neotermes jouteli.
  • Arboreal and subterranean termites, including Termitidae and Nasutitermes corniger, and related species except when expressly included as Covered Pests.
  • Squirrels, raccoons, opossums, birds, bats, lizards, snakes and other wildlife.
  • Boring beetles, including Coleoptera, Bostrichidae, Lyctinae, Lyctus brunneus, Lyctus linearis, Lyctus planicollis, Bostrichinae, Heterobostrychus aequalis, Dinoderus minutes, Sobicia declivis, Anobiidae, Euvrilletta peltate, Xestobium rufovillosum, Hemicoelus carinatus, Anobiumpunctatum, Cerambycidae, Hylotrupes bajulus, Smodicum cucuhiforme and Arhopalu productus.
  • Fungi and brown rots, including Serpula lacrymans, Fibroporia vaillantii, Coniophora puteana, Chaetomium species, Ceratocystis species, Kretzschmaria deusta, Phanerochaete chrysosporium and Meruliporia incrassate, previously Poria incrassate.
  • Non-wood-destroying organisms and conditions, including Curculionidae, Scolytidinae, Platypodinae, Buprestidae, Camponotus species, Crematogaster species, Xylocopa species, Halicitidae, Megachilidae, Psocoptera, Mollusca, Bivalvia, Teredinidae, Teredo navalis, Ophiostoma species, Stachybotrys chartarum, Cladosporium species, surface molds, nail holes, saw cuts, water stains and urine stains.
  • Honeybees, yellow jackets, and other excluded pests identified by Turner.

This Turner Business Services Agreement (“Services Agreement”) is incorporated by reference into the Turner Pest Control, LLC (“Turner”) Order Form between Customer and Turner (the “Order Form”). Turner and Customer may each be referred to as a “Party” or collectively referred to as the “Parties”. Capitalized terms used in this Services Agreement without definition shall have the meanings given to them elsewhere in the Agreement. References to the “Agreement” mean the Order Form (including all other appendices and schedules attached thereto), together with this Services Agreement (including all other appendices attached hereto and other terms and conditions incorporated herein by reference). Notwithstanding anything to the contrary, in the event of any conflict or inconsistency between any separate Customer contract(s) with Turner and this Services Agreement, the terms and conditions of this Services Agreement shall control.

  1. Contract Period. The Agreement begins on the earlier of (a) the date of Customer’s signature on the Order Form or (b) the initial treatment date for the Services (as defined in Section 3) as set forth on the Order Form (“Initial Treatment Date”) (the “Effective Date”) and, unless a contract expiration date is expressly identified on the front page of the Order Form, continues for a period of 1-year (the “Initial Term”). If the Order Form is for Services related to termites and/or Armadillos, Snakes, Nutria, Cane Toads, Pocket Gophers, Muscovy Ducks, Skunks and Iguanas (individual and collectively, “ Wildlife”), at the end of the Initial Term and any applicable Annual Renewal, the Agreement shall renew annually for consecutive 1-year terms upon request by Customer and written approval by one of Turner’s authorized representatives (including any of Turner’s Florida Department of Agriculture and Consumer Services licensed field inspectors) (the “Annual Renewal”). If the Order Form relates to the any Services other than with respect to termites and/or Wildlife, then at the end of the Initial Term, the Agreement shall renew monthly (the “Monthly Renewal”) until either party provides thirty (30) days’ notice of termination. The “Contract Period” shall begin on the Effective Date and continues through the Initial Term and each consecutive Annual Renewal or Monthly Term (as applicable) thereafter. For any Contract Period when the applicable Annual Renewal or Monthly Renewal payment is not received timely (i.e., in accordance with the terms of the Agreement) or Turner does not approve the Annual Renewal, then the Agreement terminates immediately (except for Customer’s payment obligations) and the Contract Period immediately ends.
  2. Covered Property (and Limitation on Covered Property). The provisions of this Section 2 shall only apply to Termite Services. The sole structure/property (as applicable) covered by the Agreement is generally identified on the Order Form (the “Covered Property”). Customer shall timely notify Turner of any additions or alterations to the Covered Property without regard to whether Customer intends to add such additions or alterations to the Covered Property under the Agreement. Customer’s addition or alteration of the Covered Property may result in Customer being obligated to pay for additional Services regarding the Covered Property, any additions or alterations to the Covered Property, or both. Further, such additions or alterations to the Covered Property may require, at Turner’s discretion, pretreatment/additional treatment (as applicable) of such additions or alterations, which may result in additional fees or charges. Customer’s failure to obtain or permit pretreatment/additional treatment (as applicable) of such additions or alterations shall, at Turner’s discretion, limit Turner’s commitments and obligations in the Agreement.
  3. Services. As of the Effective Date, Customer desires to purchase from Turner certain services, which may include, but not limited to: (a) the Lawn, Shrub and Flower Bed Service as further described in the Lawn, Shrub and Flower Bed Terms and Conditions [https://www.turnerpest.com/terms-conditions/] (the “Lawn, Shrub and Flower Bed T&Cs”); (b) the Mosquito Services as further described in the Mosquito Service Terms and Conditions [https://www.turnerpest.com/terms-conditions/] (the “Mosquito Service T&Cs”); (c) the Wildlife/Nuisance Animal Services as further described in the Wildlife/Nuisance Animal Terms and Conditions [https://www.turnerpest.com/terms-conditions/] (the “Wildlife/Nuisance Animal T&Cs”); (d) the Turner Pest Control Services as further described in the Turner Pest Control Services Terms Conditions [https://www.turnerpest.com/terms-conditions/  (the “Turner Pest Control Services T&Cs”; (e) the TurnerGuard Services as further described in the TurnerGuard Services Terms and Conditions [lhttps://www.turnerpest.com/terms-conditions/] (the “TurnerGuard Services T&Cs”); (f) the Termite Service as further described in the Termite Service Terms and Conditions [located at [https://www.turnerpest.com/terms-conditions/] (the “Termite Service T&Cs”); and (g) any other services agreed upon by the Parties in an executed Order Form ((a) through (g) collectively, the “Services”).
  4. Inspection and Preparatory Services. Prior to the commencement of any Services to be provided under the Agreement, Turner may, at its option, inspect the Covered Property in order to make a risk assessment. Based on the results of the inspection mentioned in the foregoing sentence, Turner may carry out preparatory Services on terms and conditions mutually agreed upon by the Parties in an Order Form. If Customer does not agree to the preparatory Services which Turner determines are necessary to provide the Services, Turner may, at its option, cancel the Agreement and/or applicable Order Form with no further obligation to Customer.
  5. Termination.
    1. Customer may terminate the Agreement and/or any applicable Order Form if Turner:
      1. Breaches any of its material obligations under the Agreement and despite Customer’s written request for remedy fails to correct the breach within thirty (30) days of Turner’s receipt of such notice from Customer; or
      2. Despite Customer’s written request for remedy, Turner repeatedly breaches its material obligations under the Agreement in the same manner more than twice in any six (6) month period. In the event of such termination as described in (i) and (ii) above, Turner shall reimburse Customer for any unused portion of the most recent prepaid annual Fee (based on a 365-day year and actual number of days elapsed).
    2. Turner may terminate the Agreement and/or any applicable Order Form with immediate effect and/or suspend its performance of the Services with immediate effect if:
      1. Customer has failed to make a payment under the Agreement by the specified due date;
      2. Customer becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation, or assignment for the benefit of creditors;
      3. Customer has not cooperated with or assisted in Turner’s performance of the Services as reasonably requested by Turner or as otherwise required by the Agreement;
      4. Customer has not followed Turner’s instructions with respect to the Services;
      5. Customer has failed to fulfill its material obligations under the Agreement, or if Customer otherwise has breached the Agreement; or
      6. Turner has “particular grounds” for termination. Such “particular grounds” include, but are not limited to, changes in applicable laws, rules, regulations, or legislation, a substantially increased risk of damages, or a change in the business activities of Customer, in each case which in Turner’s reasonable discretion prevent or materially decrease Turner’s ability to perform the Services or to receive the benefits (economic or otherwise) of the Agreement. Solely with respect to the termination pursuant to this subsection (vi), Turner will not be liable to Customer for any reliance, exemplary, special, indirect, direct, incidental, punitive, or consequential damages, including, but not limited to, loss of business, opportunity, revenue, or data.
    3. Upon the effective date of the termination of the Agreement or any Order Form, Customer will immediately cease having access to the Services. If Customer terminates any Services except as specifically permitted in this Section 5, or if Turner terminates the Agreement or any Order Form in accordance with Sections 5(b)(i) – (v), any and all payment obligations of Customer in connection with the Services shall become immediately due and payable with respect to such Services.
  6. Fees and Charges.
    1. Customer shall pay all fees and charges for the Services (the “Fees”) set forth in an Order Form. All Fees are due and payable to Turner on or before the due date (as set forth in the Order Form). In the event the Order Form does not contain a due date, Customer shall pay all fees and charges due under the Agreement within thirty (30) days from the date of Turner’s invoice.
    2. Turner may increase the Fees with respect to any Annual Renewal. If Turner increases any annual Fee by more than five percent (5%) of the prior year’s aggregate annual Fee (the “Permitted Increase”), Turner shall notify Customer of any such increase of the annual Fee in excess of the Permitted Increase no later than three (3) months prior to date on which the next annual Fee is due. In the case of such an increase by more than the Permitted Increase, Customer may, at its option, terminate the Agreement and/or the applicable Order Form (effective on the day prior to the next annual Fee payment date) by delivering a written request for termination to Turner. Such termination request must be delivered to Turner not later than thirty (30) days after Customer’s receipt of Turner’s notification of the increase by more than the Permitted Increase. Such termination will not relieve Customer of its obligations to pay any amounts due to Turner with respect to any Contract Period prior to the termination date.
    3. Turner reserves the right to, in addition to the annual Fee, charge Customer for Turner’s performance of additional Services (such as expedited service, technical service, and troubleshooting), in each case as such additional Services are mutually agreed by Customer and Turner in a separately executed Order Form.
    4. If payment in full is not received by the due date, Turner, at its option, may (i) charge and collect on outstanding past due amounts the lesser of the Secured Overnight Financing Rate (SOFR) plus three percent (3%) per month or the maximum rate permitted by applicable law and/or (ii) if the payment is not received within forty-eight (48) days of the due date, take commercially reasonable steps to collect the unpaid balance, at Customer sole expense. Customer acknowledges and agrees that, in the event of non-payment, Turner may file a lien on Customer’s property, pursuant to applicable law.
  7. Customer’s Obligations to Turner.
    1. Customer shall:
      1. Carefully follow all instructions given by Turner;
      2. Grant Turner access to the Covered Property in accordance with Turner’s instructions;
      3. Provide any equipment reasonably requested by Turner for access to the Covered Property, including, but not limited to, ladders and skylifts;
      4. Perform any preparations, prior to the Services, in accordance with Turner’s instructions, including, but not limited to, construction or alteration of buildings at the Covered Property and properties on the Covered Property which belong to the building (e.g., fixtures) and other objects which the building as been fitted for permanent use (collectively, the “Buildings”) as requested by Turner in connection with the services;
      5. Ensure that all relevant areas or parts of the Covered Property are accessible for the placement or mounting of equipment by Turner;
      6. Ensure that a proper power supply, in accordance with Turner’s instructions, is available if electrical or electronic equipment is being or has been mounted. This may include power supply from the electrical grid or via battery power;
      7. Be responsible for electricity revisions, and any electricity safety measures required at the Covered Property;
      8. Notify Turner of any particular conditions related to the Covered Property, including, but not limited to, any sensitive or restricted areas as well as any restrictions related to the access to these areas and/or other parts of the Covered Property. To the extent necessary, Customer shall provide Turner with any special equipment or similar which is needed to access all or part of the Covered Property;
      9. Immediately notify Turner if Customer becomes aware that any equipment owned by Turner and mounted by Turner or placed in or adjacent to the Covered Property by Turner (“Turner Equipment”), including electronic traps and monitoring devices, signage, or control stations, has been damaged, moved, improperly used, or otherwise harmed or mishandled; and
      10. Immediately notify Turner if Customer suspects or becomes aware of any circumstances or events related to the Agreement which may adversely affect any Party’s ability to fulfill its obligations under the Agreement.
    2. If Turner personnel are permitted to use equipment provided by the Customer, Customer shall be responsible for providing on-site safety training by a qualified person to Turner personnel prior to use. Turner reserves the right to inspect the equipment and be provided with all applicable safety records related to such equipment prior to use. Turner may also provide its own equipment. In the event that specific equipment (e.g., an aerial lift) needs to be rented by Turner, Turner may rent such equipment at Customer’s sole cost and expense.
    3. Customer shall comply with applicable working environment laws, rules, regulations and legislation with respect to the Covered Property. In addition, Customer must, regardless of whether it is required by the applicable working environment laws, rules, regulations, or legislation or not, create a safe working environment for Turner’s staff. This includes an obligation for Customer to provide Turner information and otherwise take any necessary measures to create a safe working environment for Turner’s staff.
    4. Customer shall be responsible for any restoration of the Covered Property (including the Buildings) following the mounting and/or dismounting of Turner Equipment and/or after the Services.
  8. Turner’s Obligations to Customer.
    1. Turner will perform the Services at the Covered Property. The method of the Services will be determined by Turner on a case-by-case basis with attention to human welfare, environmental aspects and such other factors as Turner determines (in its sole discretion) to be appropriate. In the event that the Agreement includes Services of personal property (e.g., furniture, equipment, machinery, shelves, gondolas etc.) which can be moved from the Covered Property (“Movables”), and the Services must be performed at another location than at the Covered Property (as determined by Turner), Customer shall be responsible for all reasonable and documented costs incurred by Turner for transporting Movables.
    2. Turner will perform the Services during the normal operational hours of Turner, unless explicitly agreed otherwise in the Agreement.
    3. Turner shall use commercially reasonable efforts to mitigate any known risks related to the working environment at the Covered Property.
    4. Turner will provide documentation regarding inspections, proposals for measures, reading protocols, etc., related to the Agreement. Customer may use such documentation in the normal course of Customer’s business; provided, however, Customer acknowledges and agrees that the documentation is provided for Customer’s reliance only, and Turner provides the documentation on the condition that no third party is entitled to rely on the content of the documentation.
    5. Other than mounting and dismounting of Turner Equipment, Turner will not be responsible for the construction or alteration of any Covered Property (including the Buildings) in connection with providing the Services unless explicitly agreed upon in the Agreement.
    6. Turner’s obligations do not include professional food handling unless explicitly agreed upon in the Agreement
    7. Turner’s obligations do not include Services of (i) Movables and/or (ii) raw materials, products being processed, fully- or semi-finished goods, goods acquired for reselling, and any packing materials for the items mentioned in the foregoing (collectively, “Goods”) unless explicitly agreed upon in the Agreement, and in any event subject to the provisions in Section 8(a).
  9. Turner Equipment.
    1. Turner Equipment remains the property of Turner unless otherwise explicitly agreed to in this Services Agreement. Turner is entitled to enter the Covered Property and repossess Turner Equipment upon the expiration, cancellation, or termination of the Agreement and/or any applicable Order Form.
    2. Customer shall be responsible for safeguarding Turner Equipment. Without limiting the foregoing, Customer shall reimburse Turner for the cost of any Turner Equipment which is damaged, lost, or destroyed as a result of Customer’s actions or omissions.
    3. Customer, at its own cost, shall be responsible for disposing of Customer’s existing hardware products in a manner which is environmentally friendly and consistent with applicable laws, rules, regulation, and legislation.
    4. Some Turner Equipment has an integrated system where data (including personal data and information regarding the use and performance of the Turner Equipment, such as but not limited to equipment failures, observations of equipment performance, measurement data, sensor levels) that is held, created, generated, stored, used or transferred when using the Turner Equipment (collectively, “Data”) is automatically digitally sent, uploaded, communicated or transmitted to Turner for use by Turner in accordance with Section 10(a). All Data relating to the Services is owned by Turner.
  10. Data; Intellectual Property Rights.
    1. Turner may use Data for any purpose, including but not limited to provide and manage the Services, statistical purposes, development of the Services, Turner Equipment, and other Turner products or services, research and marketing. To the extent that personal data of Customer’s users is included in the Data, Turner will not share or disclose personally-identifying information of Customer’s users except as required to provide the Services and to comply with applicable laws.
    2. As between the Parties, all Intellectual Property Rights in, the Services, Data and/or Turner Equipment, are and remain the sole and exclusive property of Turner (and its licensors). Except as expressly set forth in this Services Agreement, nothing in the Agreement shall operate to assign or transfer any Intellectual Property Rights from Turner to Customer. “Intellectual Property Rights” means any and all rights, title or interest comprising or relating to: (i) patents, patent disclosures and inventions (whether patentable or not); (ii) trademarks, service marks, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith; (iii) authorship rights, copyrights and copyrightable works (including computer programs) and rights in data and databases; (iv) trade secrets, know-how and other confidential information; and (v) all other intellectual property rights, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights, and all similar or equivalent rights or forms of protection provided by applicable law in any jurisdiction throughout the world.
    3. If Customer provides Turner with any ideas, comments or suggestions relating to the Services and/or Turner Equipment (“Feedback”), all Intellectual Property Rights in that Feedback, and anything created as a result of that Feedback (including new material, services, methods, enhancements, modifications or derivative works), are owned solely by Turner and Turner may use or disclose the Feedback for any purpose. Customer represents and warrants (i) that Customer has the right to disclose the Feedback, (ii) that the Feedback does not violate the rights of any other person or entity, including, but not limited to, Intellectual Property Rights, and (iii) that Customer’s Feedback does not contain the confidential or proprietary information of any third party or parties.
  11. Confidentiality.
    1. The Parties acknowledge that, in the course of performance under the Agreement, one Party (the “Disclosing Party”) may intentionally or inadvertently disclose, deliver or permit access by the other Party (the “Receiving Party”) to information, data or materials which a reasonable person would expect to be confidential given its content or the circumstances surrounding its disclosure (“Confidential Information”).
    2. The Receiving Party shall have no obligations under this Section with respect to any Confidential Information which the Receiving Party can demonstrate by reasonable written evidence: (i) is or becomes generally known to the public by any means other than a breach of the obligations of the Receiving Party; (ii) was previously known to the Receiving Party or rightly received by the Receiving Party from a third party; (iii) is independently developed by or on behalf of the Receiving Party; or (iv) is subject to disclosure under court order or other lawful process. The Receiving Party agrees to hold the Disclosing Party’s Confidential Information in strict confidence.
    3. In all events, the Receiving Party shall handle, store, and maintain all Confidential Information of the Disclosing Party with a degree of care that is reasonable for the circumstances of disclosure and the nature of each component of Confidential Information. The Receiving Party agrees not to make the Disclosing Party’s Confidential Information available in any form to any third party or to use the Disclosing Party’s Confidential Information for any purpose other than for the limited extent required to perform its obligations under the Agreement. The Disclosing Party’s Confidential Information shall remain the sole and exclusive property of that Party, and neither this Agreement nor any disclosure of Confidential Information shall be deemed to grant the Receiving Party any license or other intellectual property right. The Parties agree that in the event of the actual or threatened use or disclosure by the Receiving Party other than specifically provided for in this Agreement, the Disclosing Party may be entitled to seek equitable relief.
    4. The Parties are responsible for ensuring that the processing of personal data takes place in accordance with applicable data privacy and data protection laws and regulations.
  12. Limitations of Liability.
    1. Subject to Section 12(b) below, Turner will be liable only for direct damage to property or personal injury caused by the gross negligence of Turner in its performance of the Services at the Covered Property. WITHOUT LIMITING THE FOREGOING, TURNER WILL NOT BE LIABLE TO ANY PERSON (INCLUDING CUSTOMER) FOR ANY RELIANCE, PUNITIVE, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, OPPORTUNITY, REVENUE, OR DATA, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, NO MATTER HOW CHARACTERIZED OR IF DEEMED TO BE DIRECT, AND EVEN IF FORESEEABLE OR TURNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Further, Turner will not be liable or responsible for any fees, fines, administrative fines, penalties, or any other similar sanctions (i) which may be imposed on Customer following an inspection or an incident or (ii) incurred by or imposed on Customer for supervisions or inspections according to any applicable environmental law, rule, regulation, or legislation.
    2. TURNER’S AGGREGATE, CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS UNDER THE AGREEMENT SHALL NEVER EXCEED THE LESSER OF (I) THE REPLACEMENT VALUE OF DAMAGED PROPERTY (E.G., GOODS, MOVABLES, ETC.) OR (II) THE TOTAL FEES PAID BY CUSTOMER TO TURNER UNDER THE AGREEMENT IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM.
    3. Customer shall notify Turner in writing of any damages or claims as soon as possible after Customer has first become aware of or should have become aware of (i) the damage, or (ii) the event, negligence, or omission causing the damage, in each case in reasonable detail. Any such notice must be delivered to Turner within three (3) months from the earliest of (w) the time the latest Service was completed or interrupted, (x) the termination or expiry of the Order Form, (y) the date on which Customer actually became aware of the claim, or (z) the date on which Customer should have become aware of such damages or claims. IF WRITTEN NOTICE IS NOT GIVEN TO TURNER WITHIN THE TIME SET FORTH IN THE FOREGOING SENTENCE, CUSTOMER HEREBY FORFEITS AND WAIVES ITS RIGHT TO CLAIM COMPENSATION FROM TURNER.
    4. CUSTOMER HEREBY WAIVES ANY CLAIM THAT THE LIMITATIONS OR EXCLUSIONS UNDER THIS SECTION 12 DEPRIVE CUSTOMER OF AN ADEQUATE REMEDY.
  13. Force Majeure. If Turner’s performance of its obligations under the Agreement is prevented or is rendered unreasonably difficult by circumstances which Turner has no reasonable control over, including but not limited to acts of God, fires, floods, storms, explosions, acts of a public enemy, acts of civil or military authority, terrorist attacks, mass shootings, events resulting in the Services or any portion of thereof becoming economic losses, governmental actions, unavailability of energy resources, system or communication failure, delay in transportation, strikes, disturbances in the labor market, civil protests, riots or war, contagions such as pandemics, failure of supplies from ordinary sources, Customer’s failure to allow Turner access to the Covered Property for any purpose, specifically including reinspection and retreatment, whether the reinspection or retreatment was requested by Customer or Turner or any other reason beyond the control of Turner (each a “Force Majeure Event”), Turner will not be obligated to perform its obligations for the time which the circumstance in question prevents Turner’s performance or renders it unreasonably difficult, nor for a reasonable time thereafter. If a Force Majeure Event prevents Turner’s performance or renders it unreasonably difficult for more than six (6) months, either Party may terminate the Agreement with immediate effect by notifying the other Party in writing.
  14. Changes to the Agreement.
    1. Turner may, from time to time, modify the terms of the Agreement, including this Services Agreement. Any such change will not be effective against Customer unless Turner notifies Customer in writing (including via email) of such potential changes no later than three (3) months prior to the proposed effective date of the change. Notwithstanding the foregoing, with respect to any change to the Agreement reasonably required in order to comply with applicable law and regulation or reasonably necessary in order to provide the Services, Turner shall give notice to Customer as soon as practicable under the circumstances, which notice must specify the effective date of the proposed change.
    2. If Customer does not accept the changes, Customer may, at its option, terminate the Agreement by delivering a written request for termination to Turner no later than ten (10) days after Customer’s receipt of Turner’s notification of the changes. In the event of such termination by Customer, Turner shall reimburse Customer for any unused portion of the most recent prepaid Fee.
  15. General Terms and Conditions.
    1. The Agreement and each Order Form hereunder, and each of their attachments/schedules contain the entire agreement between Turner and Customer, and no other statements or representations are binding upon the Parties. Further, in entering the Agreement, Customer has not, and is not, relying on any representation or statement that may have been made by Turner or any person representing Turner except as set forth in the Agreement.
    2. This Agreement will be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would result in the application of the laws of any other jurisdiction. ANY LEGAL SUIT, ACTION OR PROCEEDING ARISING OUT OF OR BASED UPON THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY MUST BE INSTITUTED IN THE FEDERAL COURTS OF THE UNITED STATES OF AMERICA OR THE COURTS OF THE STATE OF FLORIDA IN EACH CASE LOCATED IN DUVAL COUNTY, FLORIDA, AND EACH PARTY IRREVOCABLY SUBMITS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS IN ANY SUCH SUIT, ACTION OR PROCEEDING.
    3. EACH PARTY ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY WHICH MAY ARISE UNDER THIS AGREEMENT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH SUCH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. EACH PARTY TO THIS AGREEMENT CERTIFIES AND ACKNOWLEDGES THAT (A) NO REPRESENTATIVE OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A LEGAL ACTION, (B) SUCH PARTY HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER, (C) SUCH PARTY MAKES THIS WAIVER VOLUNTARILY, AND (D) SUCH PARTY HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 15(b).
    4. Turner maintains the insurance coverage required by law in the jurisdiction where the Covered Property is located (including the Georgia Structural Pest Control Act and Florida State Statute 482), and information about this insurance is available from Turner upon request.
    5. CHEMICAL SENSITIVITY OF SPECIAL HEALTH CONDITIONS: If Customer believes that Customer or other occupants or visitors to the Covered Property: (i) are or may be sensitive to pesticides/termiticide or their odors; (ii) be pregnant; and/or (iii) have other health conditions that may be affected by pesticides/termiticide or their odors, Customer must notify a Turner Department of Agriculture and Consumer Services licensed field inspector in advance of treatment, including whether Customer or other occupants or visitors have consulted a medical doctor or other health care practitioner regarding such sensitivity or condition. Turner reserves the right, upon such notification, to deny or terminate the Agreement. Failure to provide notification constitutes Customer’s assumption of risk and waiver of any and all claims against Turner in connection with such sensitivity or condition, as well as agreement to indemnify and hold Turner harmless from any claims by Customer, other occupants of the Covered Property, or visitors to the Covered Property.
    6. If the Covered Property is sold or ownership is otherwise altered or changed, in any manner, during the Contract Period, then the Agreement is transferable to the Covered Property’s new or additional owner(s) only upon (i) written approval by one of Turner’s Department of Agriculture and Consumer Service licensed field inspector, and (ii) Turner’s receipt of payment of a $150 transfer fee. Upon such approved transfer and receipt of the transfer fee, the new or additional owner(s) of the Covered Property shall be included as Customer.
    7. There are no third-party or non-party beneficiaries to the Agreement, and Customer agrees to indemnify and hold Turner harmless from any claims by any third-party or non-party arising from the performance of the Agreement.
    8. Customer agrees to Turner sending Customer any and all communications, including billing, by automated call, email, or text message at the email address or phone number Customer provided to Turner, as recorded on the first page of the Order Form. Further, as used in the Agreement, the term notice shall mean Turner sending Customer communication by automated call, email, or text message. If such notice includes any alterations or changes in Turner’s duties, obligations, or commitments set forth in the Agreement, then such alterations or changes shall be effective upon thirty (30) days of Turner sending the notice.
    9. The Parties are independent contractors. The Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the Parties.
    10. In the event that any provision of the Agreement is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Agreement; such determination shall not affect the validity and enforceability of any other remaining provisions.
    11. No delay or omission by a Party in exercising any rights or remedies thereunder shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise of a right or remedy by a Party shall not preclude further exercise or any right or remedy by such Party. No waiver by a Party shall be valid unless in writing signed by such Party.
    12. All sections of this Services Agreement which by their nature should survive termination will survive termination, including, without limitation, those provisions relating to indemnities, limitations of liability, confidentiality, intellectual property rights, and payment.
    13. The headings used in the Agreement are included for convenience only and will not limit or otherwise affect the Agreement.

Equipment and digital support systems

      1. Equipment installed or positioned by Turner Pest in or near the Customer’s properties is the property of Turner Pest, unless otherwise indicated in applicable Agreement documents.
      2. The Customer is obliged to compensate Turner Pest for any equipment belonging to Turner Pest that is lost, destroyed, or materially damaged. The market value of lost or damaged equipment may fluctuate.
      3. Turner Pest is entitled to recover any equipment belonging to Turner Pest once the contractual Agreement ends or is terminated.
      4. Access to Turner Pest’s digital support system ceases as soon as the applicable Agreement expires.

Limitation of liability

    1. Turner Pest is only responsible for direct material damage or personal injury caused by negligence on the part of Turner Pest, its employees, contractors, or agents in the performance of Turner Pest’s services at the Customer’s premises.
    2. Turner Pest’s liability is limited, under all circumstances, to the dollar amount paid by Customer to Turner Pest, under the Agreement.
    3. Turner Pest will not be liable for any indirect, incidental, special, or consequential punitive or multiple damages, including without limitation any damages resulting from loss of use, loss of business, loss of revenue, loss of profits, or loss of data, arising in connection with this Agreement.
    4. Turner Pest is not liable for any damage directly or indirectly caused by pests, unless the damage is the result of or is significantly exacerbated by negligence during inspection or is due to the customer’s own undue delay

in treatment(s) or maintenance following Turner Pest’s confirmation of the presence of pests or having been informed of such a presence. In such circumstances, the same limit applies as in 2.4 above. Turner Pest accepts no responsibility under any circumstances for damage caused by micro-organisms, allergens, toxins, or foreign objects.

  1. Turner Pest accepts no responsibility under any circumstances for damage directly or indirectly caused by fire that occurs at the Customer’s premises, and that may be linked to incorrect fire protection or incorrect reporting of conditions at the Customer’s properties.
  2. Turner Pest’s statements on the Customer’s electrical safety are recommendations. Turner Pest cannot be held liable for cases where such recommendations are incorrect or are not provided.
  3. Turner Pest cannot be held liable for the Customer’s commitments in terms of content and completion of any fire protection report, permits for food premises, establishment of self-inspection programs or other similar documentation that the Customer is required to sign and submit to the relevant authority.
  4. Turner Pest cannot be held liable for any fines, penalties or other similar sanctions that may affect the Customer as a result of inspections or incidents.
  5. Turner Pest cannot be held liable for any extraordinary fees for permits in accordance with environmental requirements.

Termination of the Agreement

    1. If the Customer cancels the Agreement for any reason prior to

the termination date under the Agreement, Turner Pest is entitled to compensation for completed work and all compensation due to it under the terms of the Agreement and any costs and losses incurred by Turner Pest as a

result of cancellation of the Agreement.

  • Early Termination Policy

Customer understands if they cancel the TurnerGuard Bundle before the One year is up, they will be responsible for the remainder of the treatment Balance on the above agreement. 3.2 On expiration or termination of this Agreement, Turner Pest or its representatives is authorized by the Customer to retrieve from the Customer’s premises the equipment contained therein for appropriate disposition. Turner Pest reserves the right to pursue to the fullest its legal rights relating to the use and adverse possession of the Anticimex SMART equipment.

  • Equipment Return Policy

Equipment must be returned within 30 days of the expiration or termination of the agreement. In the event of a residential cancellation, there will be a $200 dollar per device put on hold and placed on the account if Smart is not returned. This includes Pest Control and wildlife with Smart devices.  

Commercial Smart cancellation if equipment is unable to be collected the customer would be charged the total cost of the equipment.

  1. Turner Pest reserves the right to terminate the Agreement at any time. Notice must be provided pursuant to the terms.
  2. Turner Pest is entitled, on the signing of the Agreement and as required during the period of validity of the Agreement, to perform a standard credit check. Turner Pest reserves the right to terminate the Agreement in the event of a poor credit rating or demand acceptable security or advance payment for continued delivery.
Indemnification
    1. Customer shall indemnify, defend and save harmless Turner Pest and its

parent, subsidiaries and affiliates and their respective officers, directors and employees, agents and assignees from any and all claims, injuries, loss, damages or lawsuits, including attorney’s fees, arising out of or in connection with, the performance of this Agreement, except for claims, injuries, loss, damages or lawsuits caused solely by the negligence of Turner Pest, its employees, contractors or agents.

General Terms
  • Non-waiver

The failure or delay of Turner Pest to exercise any of its rights under this Agreement for a breach thereof shall not be deemed to be a waiver of such rights, and no waiver by Turner Pest, whether written or oral, express or implied, of any rights under or arising from this Agreement shall be binding on any subsequent occasion; and no concession by American Pest shall be treated as an implied modification of the Agreement unless specifically agreed in writing.

  • Entire Agreement

This Agreement constitutes the entire agreement, and there are no oral or other representations regarding the subject of this Agreement that are binding on either party. All changes to this Agreement must be made in writing, signed by both parties. It is understood and agreed that email correspondence shall not constitute “a writing” to this agreement unless expressly included herein.

  • Disputes

The parties agree that any disputes that may arise as a result of this Agreement or the provision of products or services as a result of this Agreement will first be attempted to be resolved through discussion between the parties. If the dispute cannot be resolved on terms satisfactory to both parties, the parties shall in good faith enter into mediation to resolve the dispute. The mediator will be agreed to by all parties, and all costs associated with the mediator, including but not limited to the mediator’s fee, shall be shared equally between all parties. Upon failure to mediate and resolve any such disputes in good faith, the parties may resolve the dispute through litigation. The laws of the State of Florida shall govern the validity, construction, and effect of this Agreement. All lawsuits arising out of this Agreement, wherever derived, shall be resolved in Duval County, Florida and decided pursuant to the laws of the State of Florida. Customer is responsible for its own legal fees, including but not limited to attorney’s fees.

Equipment; Data; Intellectual Property Rights

6.1 Some Turner’ Equipment has an integrated system where Data (including information regarding the use and performance of the Turner’ Equipment, such as but not limited to equipment failures, observations of equipment performance, measurement data, sensor levels) is stored automatically. Such Turner’ Equipment may digitally send, upload, communicate or transmit Data to Turner for use by Turner

6.2 All Data relating to the Service is owned by Turner.

6.3 Turner may use Data for any purpose including but not limited to provide and manage the Service, statistical purposes, development of the Service, Turner’ Equipment and other Turner products or services, research and marketing. To the extent that personal data of Customer’s users is included in the Data, Turner will not share or disclose personally identifying information of Customer’s users except as required to provide the Service and to comply with applicable laws.

6.4 All Intellectual Property Rights in, the Service, Data and/or Turner’ Equipment is and remains the property of the Turner (and its licensors).

6.5 If the Customer provides Turner with ideas, comments or suggestions relating to the Service and/or Turner’ Equipment all Intellectual Property Rights in that feedback, and anything created as a result of that feedback (including new material, services, methods, enhancements, modifications or derivative works), are owned solely by Turner and Turner may use or disclose the feedback for any purpose.

6.6 Nothing in this Agreement shall operate to assign or transfer any Intellectual Property Rights from Turner to the Customer.

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