Terms and Conditions
Blue Rose Pest Control
Nebraska, USA
These Terms and Conditions ("Agreement") govern the pest control services provided by Blue Rose Pest Control ("Company"), a Nebraska-based pest control service provider, to the Customer. By engaging the Company's services, the Customer agrees to be bound by these Terms and Conditions.
1. Scope of Services
1.1. Covered Pests
1.1.1. The Company guarantees coverage only for pests specifically identified and listed in the service invoice provided to the Customer after each treatment, which are targeted by the specific pesticides used during the service (e.g., if Suspend SC 0.03% is used, only pests listed as controlled by that product, such as ants, are covered under the guarantee; pests not targeted, such as bed bugs, are not covered unless specified).
1.1.2. Coverage is limited to pests found within or around the treated premises as specified in the service invoice.
1.1.3. The Company does not guarantee coverage for pests not listed in the service invoice or for pest activity resulting from Customer non-compliance with treatment instructions.
1.1.4. Signature Home Protection is a General Insect Barrier service. Specialty pests, including but not limited to bed bugs, mice, wildlife, roaches, and termites, are excluded from standard plans and require a separate Specialty Service.
1.2. Service Schedule
1.2.1. Services are provided on a flexible schedule, typically monthly, bi-monthly, or quarterly, based on the Customer’s preference and the Company’s recommendations. If the Company determines that a more frequent service schedule is necessary to effectively control pests (e.g., due to increased pest activity, environmental factors, or initial misdiagnosis of required frequency), the Customer will be notified in writing or verbally. Failure to comply with the Company’s recommended service frequency within thirty (30) days of notification may void any service guarantees for covered pests.
1.2.2. Customers are not bound by a long-term contract and may cancel services at any time with written or verbal notice to the Company. Cancellation does not void the Customer’s obligations under this Agreement regarding payment for services already rendered or any applicable late fees.
1.2.3. The Company recommends maintaining regular service intervals to prevent reinfestation, as interruptions may increase the likelihood of pest activity.
1.3. Touch-Up Services
1.3.1. Touch-up services are location-specific spot treatments for persistent activity of covered pests.
1.3.2. Touch-ups are available upon Customer request, provided:
1.3.2.1. At least two (2) weeks have passed since the initial service or any subsequent treatment, including prior touch-up treatments.
1.3.2.2. The Customer is not overdue for a regularly scheduled service.
1.3.3. If persistent pest activity continues after three (3) touch-up treatments between regular services without improvement, the Company will provide the next billable service at no charge.
1.3.4. Persistent pest activity does not entitle the Customer to a refund for previously rendered services or release the Customer from paying any outstanding balance upon cancellation.
2. Customer Responsibilities
2.1. Access to Premises
2.1.1. The Customer agrees to provide the Company with access to all necessary areas of the premises for inspection, treatment, or monitoring purposes.
2.1.2. The Customer shall ensure that all areas requiring treatment are accessible and free of obstructions.
2.2. Notification of Pets
2.2.1. The Customer must inform the Company of all pets in the home, including but not limited to dogs, cats, birds, fish, reptiles, and other animals, prior to each service.
2.2.2. Failure to disclose the presence of pets may result in safety risks, and the Company shall not be liable for any resulting harm.
2.3. Safety Precautions for Pets and Persons
2.3.1. The Customer agrees to keep all pets, residents, and guests at a safe distance from treated areas during and after service until the treated areas are deemed safe by the Company, in accordance with product labels and Safety Data Sheets (SDS).
2.3.2. The Customer acknowledges that pesticides used may pose risks to humans and animals if proper precautions are not followed.
2.3.3. The Company will provide the Customer with specific safety instructions via the service invoice sent to the Customer’s email.
2.4. Protection of Fish Tanks and Birds
2.4.1. During interior services, the Customer must temporarily cover all fish tanks and bird cages with a towel or blanket to protect aquatic life and birds from exposure to pesticides.
2.4.2. The Customer is responsible for ensuring proper coverage and ventilation for fish tanks and bird cages during and after treatment, as directed by the Company.
2.5. Compliance with Instructions
2.5.1. The Customer agrees to follow all safety and treatment instructions provided by the Company, including those outlined in the service invoice and any verbal instructions given by the technician.
2.5.2. Non-compliance with instructions may reduce treatment effectiveness and void any service guarantees.
3. Payment Terms
3.1. Payment Methods
3.1.1. Payment is due in full immediately upon completion of each service.
3.1.2. Payment is accepted via credit card, debit card, ACH, cash, or check. To ensure the highest level of security, credit card and electronic payments are processed exclusively through our secure customer portal. The Company does not store full cardholder data and encourages all clients to utilize the portal for secure, automated billing
3.1.3. Checks must be made payable to Blue Rose Pest Control.
3.2. Delinquency Fees
3.2.1. If payment is not received within thirty (30) days of the due date, a late fee will be applied to the Customer’s account as follows:
3.2.1.1. A flat fee of $10.00 if the past-due balance is $100.00 or less.
3.2.1.2. A fee of 5% of the unpaid balance if the past-due balance exceeds $100.00.
3.2.2. Returned checks will incur a handling fee of $35.00, plus any additional charges assessed by the Customer’s financial institution.
4. Limitation of Liability
4.1. General Limitation
4.1.1. In no event shall Blue Rose Pest Control, its affiliates, employees, or contractors be liable for any indirect, consequential, incidental, special, punitive, or exemplary damages arising from or related to the services provided under this Agreement.
4.1.2. The Company’s liability for any claim, including but not limited to property damage or personal injury, shall be limited to the total service fees paid by the Customer to the Company in the twelve (12) months immediately preceding the alleged injury or damage.
4.1.3. The Customer acknowledges that pest control involves inherent risks, and the Company shall not be liable for damages resulting from factors beyond its reasonable control, including but not limited to environmental conditions, pest behavior, or Customer non-compliance.
4.2. Equipment and Pesticide Risks
4.2.1. If bait stations or other pest control equipment are installed, the Customer acknowledges that such equipment may contain poisons or substances hazardous to humans and animals if not handled properly.
4.2.2. The Customer agrees to immediately notify the Company if any equipment is damaged, unlocked, or modified by any party or event outside the Company’s control.
4.2.3. The Customer releases Blue Rose Pest Control, its technicians, affiliates, and staff from any liability, responsibility, or claim for human or animal injury related to equipment or pesticides, provided the Company has complied with applicable laws and provided proper safety instructions.
5. Safety Data Sheets (SDS) and Materials Used
5.1. Provision of Information
5.1.1. The Company will provide a detailed list of all materials and pesticides used during each service on the invoice sent to the Customer’s email.
5.1.2. The invoice will include relevant safety information and instructions for each product used, in lieu of a website-hosted SDS.
5.1.3. The Customer may request additional copies of SDS or product labels from the Company at any time.
6. Cancellation and Termination
6.1. Customer Cancellation
6.1.1. The Customer may cancel services at any time by providing written or verbal notice to the Company.
6.1.2. Cancellation does not relieve the Customer of any obligation to pay for services already rendered or any applicable late fees.
6.2. Company Termination
6.2.1. The Company reserves the right to terminate services if the Customer fails to comply with these Terms and Conditions, including non-payment, failure to provide access, or non-compliance with safety instructions.
6.2.2. The Company will provide written notice of termination to the Customer, specifying the reason for termination.
7. Disclaimer of Warranties
7.1. Except as expressly stated in this Agreement, Blue Rose Pest Control disclaims all representations and warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose.
7.2. The Company does not guarantee the complete elimination of pests, as pest control outcomes depend on environmental factors, pest biology, and Customer compliance with instructions.
8. Force Majeure
8.1. The Company shall not be liable for any failure to perform its obligations under this Agreement if such failure is caused by events beyond its reasonable control, including but not limited to natural disasters, government regulations, or supply chain disruptions.
9. Governing Law and Venue
9.1. This Agreement shall be governed by and construed in accordance with the laws of the State of Nebraska.
9.2. Any disputes arising under this Agreement shall be resolved exclusively in the state or federal courts located in Dodge County, Nebraska, and both parties consent to the jurisdiction and venue of such courts.
10. Entire Agreement
10.1. This Agreement constitutes the entire understanding between Blue Rose Pest Control and the Customer and supersedes all prior communications, understandings, or agreements, whether written or oral, relating to the subject matter herein.
10.2. The Company reserves the right to modify these Terms and Conditions at any time. The most current version will be available upon request or on the Company website. Continued use of services after any such changes shall constitute the Customer’s consent to such changes.
11. Severability
11.1. If any provision of this Agreement is found to be illegal or unenforceable by a court of competent jurisdiction, such provision shall be severed, and the remaining provisions shall remain in full force and effect as if the severed provision had not been included.
12. Customer Acknowledgment
12.1. By engaging the services of Blue Rose Pest Control, including allowing the Company to perform any pest control treatment, the Customer acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions. A copy of these Terms and Conditions is available to the Customer upon request and will be provided in writing or electronically at the start of service or at any time upon Customer request. The Customer is not required to sign this Agreement unless otherwise requested by the Company, but continuation of services constitutes acceptance of these terms.