Ants, Cockroaches, Ticks, Black Widows, Carpet and Flour Beetles, Spiders, Centipedes and Millipedes, Earwigs, Crickets, Fleas, Hornets, Mud Daubers, Paper Wasps, Pill Bugs, Scorpions, Silverfish, Ticks, Wasps, Yellow Jackets

Pests not specifically listed for treatment are not covered and will require additional charges.

If pests return between visits, so do we - FREE OF CHARGE

Local taxes to be calculated at time of services.

1. SERVICE GUARANTEE. Moxie agrees to apply products to control the above-named pests in accordance with the terms and conditions of this Agreement. This Agreement does not provide for the control or prevention of any pests not explicitly indicated herein. The initial service will occur within 30 days of the execution of this Agreement.

2. TERM; RENEWAL. Unless otherwise stated, this Agreement shall be for an initial period of 12 months (the “Initial Term”). The “Initial Term” consists of one initial service followed by {frequency-name} services performed at approximately {frequency-days} day intervals. Customer acknowledges and agrees that completion of all service visits is required to complete the Initial Term. If, due to scheduling, weather, access, holidays, or operational needs, one or more of the quarterly services is delayed, the Initial Term shall continue until all services under the Agreement have been completed, even if completion occurs after the 12th month from the date of this Agreement. Customer will be billed on a recurring subscription basis (such as in monthly or quarterly installments) during the Initial Term and thereafter as described in the SUBSCRIPTION BILLING; NO REFUNDS section and any billing‑frequency election or notice provided by Moxie, unless otherwise stated in the Agreement. Upon conclusion of the Initial Term, Moxie will continue the services in accordance with the applicable terms and conditions of this Agreement on a month-to-month subscription basis unless this Agreement is terminated in accordance with Section 14. Moxie may increase pricing upon 30 days’ notice following the Initial Term.

3. SUBSCRIPTION BILLING; NO REFUNDS. Customer acknowledges and agrees that this Agreement is a subscription service, not a per-visit contract. Customer’s subscription charges are charged in exchange for continuous coverage and availability of service during the subscription period, including the service guarantee described herein, and performance of the scheduled {frequency-name} services when due, rather than as a deposit or prepayment for any specific future service visit. Subscription charges accrue as billed and are not refundable or prorated solely because Customer cancels between scheduled services, except as expressly required by applicable law or expressly stated in this Agreement. Moxie may revise the subscription payment schedule upon at least 30 days prior notice. Customer acknowledges that installment payments may cover more than one month of subscription services.

4. AREAS SERVICED. At each service, Moxie will apply treatment as it deems appropriate around the exterior of Customer’s structures at the Service Address. Customer agrees to provide access to the exterior of the structures. In the event Moxie is denied access to the exterior of a structure, Moxie will provide treatment to all areas accessible and Customer agrees to pay the full-service charge in such event and will be responsible for scheduling a return service visit (at no extra charge) to complete the remaining treatment.

5. CUSTOMER AUTHORITY; ACCESS RIGHTS. Customer represents and warrants that Customer owns the Service Address or otherwise has the legal right and authority to authorize Moxie to perform services at the Service Address.

6. EXISTING DAMAGE. Moxie and its affiliates are not responsible for repairs to damages discovered in any inspection by Moxie, Customer or any third party or any hidden damage, which may exist in concealed, inaccessible or other areas. Moxie is not obligated to remove siding, plastic or sheet rock, insulation, carpeting, paneling, etc. to search for hidden infestation/damage. Moxie cannot guarantee that the infestation/damage disclosed by the floor-level visual inspection of the premises represents the entirety of the infestation/damage which may exist.

7. FUTURE DAMAGE. Moxie is not responsible for past, present, or future damages to Customer’s structures or contents and does not guarantee against present and future damage to Customer’s structures or contents, or provide for the repair or replacement thereof, regardless of the effectiveness of the treatments provided or the return of any infestation. Moxie does not guarantee, represent or warrant that covered insects will not return to the property.

8. SPECIFIC EXCLUSIONS. This Agreement does not cover, and Moxie and its affiliates will not be responsible for: 1) damage resulting from moist conditions, including but not limited to fungus or mold, whether visible or not; 2) damage resulting from any wood destroying organisms; 3) expenses related to medical evaluation or treatment for bites or other injuries, illnesses or symptoms associated with pest; 4) damages or expenses for any claim of personal injury related to an infestation of pests; 5) loss of income claimed to be related to any pest bites or other injuries, illnesses or symptoms associated with pests.

9. LIMITS OF LIABILITY. Although Moxie will exercise reasonable care in performing services under this Agreement, Moxie and its affiliates will not be liable for injuries or damage to persons, property, birds, animals or vegetation, except those damages resulting from gross negligence by Moxie. To the fullest extent permitted by law, Moxie and its affiliates will not be liable for personal injury, death, property damage, loss of use, loss of income or any other damages whatsoever, including, punitive, consequential and incidental damages, arising from or related to this Agreement. Customer expressly waives and releases Moxie and its affiliates from liability and damages to persons (including stings, bites or illnesses), structures, contents within structures and any personal property caused by any insects or animals, including wood infesting organisms, fire ants, pharaoh ants, spiders, ticks, fleas, wasps, bees, drywood termites, aerial-colonizing termites or other pests (whether or not listed on this Agreement). Notwithstanding any provision of this Agreement to the contrary, in no event shall Moxie’s aggregate liability to Customer or any other party for any and all causes of action asserted with respect to its provision of the services or its obligations under or related to this Agreement (under any and all theories whatsoever) exceed the amount actually paid by Customer to Moxie for services hereunder. This Agreement is solely for the benefit of Moxie and Customer, and no other person or entity, including any tenant, occupant, guest, invitee, or other third party, shall have any rights or remedies under this Agreement.

10. NON-PAYMENT. Customer will pay Moxie’s invoices upon receipt. Moxie may terminate this Agreement if payment is not received within thirty (30) days of the date of the invoice. In the event legal action is necessary to collect any amount due, Moxie shall be entitled to recover from Customer all reasonable costs of collection, including reasonable attorney’s fees and expenses, in addition to any outstanding amount due Moxie. In addition, monthly interest at the rate of 5% for any outstanding amounts past due (or the highest rate allowed by applicable law, if lower), will be assessed on any past due amounts owed by Customer until paid. No services will be rendered in the event Customer’s account is past due. A service fee of $20 will be charged on all returned checks. This Agreement will be binding against Moxie only upon Customer’s payment of the Initial Service Charge.

11. PAYMENT AUTHORIZATION; PAYMENT METHOD ON FILE. Customer agrees to maintain at least one valid payment method on file with Moxie at all times while this Agreement remains in effect and through the effective date of any cancellation or termination. Customer authorizes Moxie to charge recurring subscription fees automatically to the payment method on file (“Autopay”). Customer may revoke authorization for future recurring Autopay charges. Upon termination of this Agreement for non-payment or Customer’s failure to comply with the payment terms (including revocation/disablement of Autopay without an alternative payment arrangement), Customer authorizes Moxie to process a one-time charge to the payment method on file for all amounts then due and owing through the effective date of termination, including any applicable early termination fee.

12. FORCE MAJEURE. Moxie’s and its affiliates’ liability under this Agreement will terminate and Moxie will be excused from the performance of any obligations under this Agreement should 1) Customer allow another pest control operator and/or company to treat the subject structure(s) during any term hereof or 2) Moxie be prevented or delayed from fulfilling its responsibilities under this Agreement by reasons or circumstances reasonably beyond Moxie’s control, including, but not limited to, fires, accidents, Acts of God, war, strikes or other labor disputes, pandemics, governmental actions, orders or regulations, or refusal of Customer to allow Moxie access to the structure(s) for the purpose of treatment or carrying out the terms and conditions of this Agreement.

13. SEVERABILITY. If any part of this Agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this Agreement will remain in full force and effect.

14. TERMINATION OF THIS AGREEMENT.
a. Customer Termination.  You may terminate this Agreement, by visiting our website and logging into your online portal at moxie.pestportals.com/landing/index. You may also notify Moxie of your intent to cancel via telephone, email, or written notice. Email notices may be sent to help@moxiepestcontrol.com, and written notice may be mailed or delivered to Moxie Pest Control, 8404 Esters Blvd., Suite 100, Irving, TX 75063. Termination will be effective thirty (30) days after Moxie’s receipt of Customer’s termination notice. Customer will still be responsible for payment of all outstanding balances accrued through that effective date in addition to any fees and charges incurred under this Agreement.

b. Moxie Termination. Moxie may terminate this Agreement at any time if Customer fails to comply with the payment terms of this Agreement, fails to pay amounts owing to Moxie within 30 days of when due, fails to timely schedule or accept services in accordance with the estimated maintenance schedule of this Agreement, breaches any other provision of this Agreement, or acts abusively toward Moxie’s staff. In such case, Customer will still be responsible for payment of all outstanding balances accrued through the effective date of termination. Moxie may also terminate this Agreement for convenience by sending thirty (30) days’ prior written notice to Customer’s billing address, which notice will be deemed effective upon deposit in the U.S. Mail or with another courier, provided that in the event Moxie terminates this Agreement for its convenience prior to the end of the Initial Term of this Agreement, Customer shall receive a prorated refund only for prepaid charges attributable to billing periods after the effective date of termination.

15. CUSTOMER FEEDBACK. Any complaints about quality of service which have not been resolved in the normal course of business must be sent by registered letter to Moxie’s main office at 8404 Esters Blvd. Suite 100, Irving, TX 75063. If Moxie fails to resolve any material complaint in a reasonable period of time, Customer may terminate this Agreement provided Customer’s payments due under this Agreement are up to date for services rendered. Any feedback or comments provided from Customer to Moxie (including, but not limited to via email or Moxie’s websites) shall be the sole and exclusive property of Moxie, and Customer hereby assigns any right, title or interest Customer may have in such feedback or comments. Moxie may use and disclose such feedback or comments in any manner and for any purpose in Moxie’s discretion without remuneration, compensation or attribution to Customer.

16. DISPUTE RESOLUTION: ARBITRATION AND CLASS ACTION WAIVER. In the event of any dispute between Customer and Moxie (or any of its affiliates) arising out of, relating to or in connection with this Agreement, such dispute shall be resolved exclusively by arbitration in front of a single arbitrator to be conducted by the American Arbitration Association in accordance with the arbitration rules of the American Arbitration Association and the Federal Arbitration Act. The arbitration shall be held in the county in which the Moxie branch that services the Service Address is located, or in another county within the same state reasonably convenient to both parties. Any award rendered by the arbitrator shall be final and binding, and judgment may be entered on it in any court of competent jurisdiction. The prevailing party shall be entitled to recover costs of arbitration and reasonable attorneys’ fees from the non-prevailing party, which costs and fees shall be set by the arbitrator, and which costs and fees shall be in addition to any other relief that may be awarded. To the extent allowed by law, Customer agrees to not participate in, and expressly waives any rights to participate in, any class action brought against Moxie.

17. MISCELLANEOUS. Customer may not assign this Agreement without the prior written consent of Moxie. This Agreement shall be governed by and construed in accordance with the laws of the State of {branch-state} and constitutes the entire agreement of the parties hereto with respect to the subject matter hereof superseding all prior and contemporaneous written or oral agreements, and no amendment shall be deemed effective unless agreed to in writing by both Customer and Moxie. Upon request, Moxie will provide Customer with a manufacturer’s label for all pesticides used to treat the structure(s). For poison control call 1-800-222-1222.