Terms of Service
The terms and conditions governing your use of orkinpests.com and the services provided by Orkin Pests LLC.
1. Acceptance of Terms
By accessing orkinpests.com, submitting an assessment request, or entering into a service agreement with Orkin Pests LLC ("Shield," "we," "us," or "our"), you agree to be bound by these Terms of Service, our Privacy Policy, and any additional terms referenced herein. If you do not agree, please do not use our website or services. In case of conflict between these Terms and a signed written service contract, the written contract governs the specific engagement.
2. Services
Shield provides residential and commercial pest management services including assessment, treatment, exclusion, and monitoring for the pest categories described on our website. Services are provided only in jurisdictions where Shield holds an active license. Free assessments are provided as a no-obligation professional courtesy and do not create a contractual obligation for either party to proceed with paid services. All paid services require a separate signed agreement prior to commencement.
3. Free Assessment Terms
Our free property assessment includes a professional inspection, photographic documentation, written findings, and a treatment recommendation. Assessment findings represent conditions observed at the time of inspection and do not constitute a warranty of future performance. Conditions may change after the assessment date. Customers must provide safe access to all relevant areas and disclose any known pre-existing conditions, prior treatments, or damage to enable a comprehensive assessment.
4. Proposals and Contracts
Written proposals are valid for 30 days from issuance. They become binding agreements only upon execution of a written service contract signed by an authorized Shield representative and the customer. Scope changes discovered during project execution will be documented in a written change order requiring customer approval before additional work proceeds. Shield will never expand scope or increase cost without written customer authorization.
5. Payment Terms
Payment terms are specified in each service contract. Standard terms: a 25โ35% deposit due upon signing; remaining balance due upon satisfactory project completion. We accept check, ACH, and major credit cards. Invoices unpaid within 30 days of the due date may accrue interest at 1.5% per month on the outstanding balance. Customer is responsible for reasonable collection costs, including attorney's fees, if payment is not made when due.
6. Warranty
Our craftsmanship warranty covers defects in installation workmanship for the period specified in the signed contract (varies by service tier). It is fully transferable to subsequent property owners upon written notice. The warranty does not cover: damage from events outside our control exceeding material design specifications; unauthorized modifications to the treated system; pre-existing conditions documented in the inspection report; normal material wear; or damage from improper maintenance or misuse. Manufacturer material warranties are separate and subject to manufacturer terms.
7. Re-Treatment Guarantee
If covered pests return between scheduled service visits, Shield will dispatch a technician for re-treatment at no additional charge within 48 hours of notification. This guarantee applies to the specific pest categories covered under the customer's active service plan and is subject to the customer maintaining the treatment environment as advised (e.g., not applying additional pesticides that may interfere with treatment protocols).
8. Insurance Coordination
Where Shield assists with insurance claim coordination, we act as customer advocates and do not act as licensed public adjusters. Insurance outcomes are determined solely by the customer's carrier. Shield will not waive, absorb, or circumvent insurance deductibles, as this may constitute insurance fraud under Texas law.
9. Customer Responsibilities
Customers are responsible for providing safe, unobstructed access to the work site; protecting personal property from treatment areas; disclosing underground utilities, septic systems, and other subsurface features; responding promptly to communications regarding schedule or scope changes; and obtaining any permits assigned to the customer under the service contract.
10. Limitation of Liability
To the maximum extent permitted by law, Shield's total liability for any claim arising from our services shall not exceed the amount paid for the specific service giving rise to the claim. Shield is not liable for indirect, incidental, special, consequential, or punitive damages. Nothing limits liability that cannot be excluded under applicable law, including liability for personal injury caused by our negligence.
11. Dispute Resolution
Parties agree to attempt good-faith direct resolution before formal proceedings. Unresolved disputes shall proceed to mediation, then binding arbitration under AAA Commercial Arbitration Rules in Austin, Texas. The prevailing party in arbitration may recover reasonable attorney's fees. Either party may seek injunctive relief in court where necessary. These Terms are governed by Texas law.
12. Website Use and Intellectual Property
All website content is the property of Orkin Pests LLC and is protected by copyright. You may not reproduce, distribute, or create derivative works without prior written permission. You agree not to use our website for unlawful purposes, to interfere with site operation, or to infringe our intellectual property rights.
13. Changes to Terms
We may update these Terms at any time. Material changes will be posted with an updated "Last Updated" date and communicated by site notice or email where appropriate. Continued use of our website or services after the effective date constitutes acceptance. Questions: info@orkinpests.com ยท (404) 888-2000.