Term
This agreement shall be effective beginning on the date of initial service, and lasting until regularly scheduled service expires or is canceled. If this agreement is for an individual or one time service(s), then no particular term is applicable and this agreement shall govern that individual or one-time service(s).
Payment
Payment is due upon completion of applicable services (unless otherwise agreed to by Kinder Spray). All payments not made upon completion of services are due within ten (10) days of service or billing, and balances more than 30 days old will bear interest at the greater of $2.00 or the rate of 1.5% per month from the date of service. In the event of non-payment or default by Customer, Kinder Spray may suspend or terminate the services as described in this agreement, and costs of collection, including administrative and attorney’s fees and costs, shall be paid by Customer, whether suit is filed or not.
Customer Responsibilities
Customer cooperation in the mitigation or elimination of conditions conducive to covered pests is essential to an effective program. Customer agrees to reasonably follow all recommendations specified by Kinder Spray.
Customer acknowledges, and agrees to assumes all responsibility for, the following: (a) restrict access to all treated areas for at least 30 minutes after a treatment to allow product to settle and dry on your shrubs, lawn, foliage, soil and/or foundation; (b) treatment products may cause irritation, allergic reactions and/or other health issues and Kinder Spray is not responsible for health issues arising from services provided; and (c) wind drift may occur and product may float into unintended areas such as but not limited to vehicles, lawn furniture, gardens and/or home and Kinder Spray is not responsible for cleaning of, or liable for damage to, arising from service provided.
Treatment Limitations
The effectiveness of treatments is limited by site, structural, and environmental conditions which are beyond the control of Kinder Spray. Such conditions include, but are not limited to, inaccessible areas, faulty grade levels, standing water, vegetation contact, leaf and other debris, and other conditions conducive to pests. Unless Customer specifically engaged Kinder Spray, and Kinder Spray has specifically quoted the correction of such condition(s), Customer accepts sole responsibility for such correction and/or mitigation, and holds Kinder Spray harmless from any liability for same, including any responsibility for re-treatment. The services do not provide for control of pests not specified. If, in Kinder Spray’s opinion, a service requested is unsafe for the technician and/or Customer, or is impractical or unnecessary, Kinder Spray reserves the right to refuse requested service without incurring any liability.
Limitation of Liability
Kinder Spray’s liability under this agreement is limited to re-treatment and/or a refund of the last, periodic service payment only.
Customer agrees to hold Kinder Spray harmless from any and all liability for damage not caused by Kinder Spray’s negligence, and from any and all liability for property damage regardless of cause. Kinder Spray disclaims any liability for special, incidental or consequential damages. Kinder Spray makes no representation or warranty, and disclaims all warranties, expressed or implied, including any warranty of merchantability or fitness for a particular purpose. Kinder Spray will incur no liability should it be prevented from fulfilling its responsibilities per this agreement by reasons of an act of God, fire, flood, storms, explosions, acts of war, whether declared or undeclared, seizure, riots, civil commotion, strikes, or other labor disputes, shortages of fuel and/or materials, quarantine restrictions, or any other circumstances or causes beyond the control of Kinder Spray. Should structural changes or additions be made to the job-site which would add to or delete from the area treated at each service, the periodic service charge will be reviewed and adjusted accordingly by Kinder Spray.
Disputes
Customer and Kinder Spray agree that any controversy or claim between them arising out of or relating to the interpretation, performance or breach of any provision of this agreement, except for any action taken by Kinder Spray to collect for services provided to the Customer, shall be settled exclusively by arbitration by a neutral mediator/arbitrator. In no event shall either party be liable to the other for indirect, special, or consequential damages, loss of anticipated profits or punitive or exemplary damages. Mediation/Arbitration shall be the exclusive remedy of the parties and each acknowledges that neither of them shall have the right to file any suit, including any action at law or in equity except to enforce any arbitration award granted hereunder.
Miscellaneous
If any part of this agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this agreement shall remain in full force and effect. This document constitutes the entire agreement between the parties and no other representations or statements will be binding upon the parties. This agreement and any claim arising from or relating to this agreement shall be governed by, and construed in accordance with, the internal laws of The Commonwealth of Massachusetts without regard to its conflict of law provisions.
Website Terms and Conditions of Use
Welcome to our website. By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use. If you do not agree with any of these terms, please do not use our website. The materials contained in this website are protected by applicable copyright and trademark law. The terms “Kinder Spray” or “us” or “we” refer to the owner of the website and the term “Customer” or “you” or “yours” refers to users/visitors to the website.
The use of this website is subject to the following terms of use:
- The content of the pages of this website is for your general information and use only. It is subject to change without notice. Kinder Spray does not, however, make any commitment to update the materials.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability or damages (including direct, incidental, consequential, indirect, or punitive damages) for use of the website or any such inaccuracies or errors to the fullest extent permitted by law. Kinder Spray makes no representations or warranties, express or implied, with respect to this website, or any party thereof, including but not limited to, any warranties of title, non-infringement of copyright, trademark or patent rights of others, merchantability, or fitness or suitability for any purpose.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- Our site contains information and opinions, which should not be taken as advice or recommendation.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any trademark or copyright of Kinder Spray.
- All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
- Unauthorized use of this website may give rise to a claim for damages.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of The Commonwealth of Massachusetts without regard to its conflict of law provisions.
Privacy Policy
This privacy policy discloses the privacy practices for Kinder Spray’s website. This privacy policy applies solely to information collected by this website. It will notify you of the following:
- What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
- What choices are available to you regarding the use of your data.
- The security procedures in place to protect the misuse of your information.
- How you can correct any inaccuracies in the information.
Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone. We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order. Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.
Your Access to and Control over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
- See what data we have about you, if any.
- Change/correct any data we have about you.
- Have us delete any data we have about you.
- Express any concern you have about our use of your data.
Security
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
Updates
Our Privacy Policy may change from time to time and all updates will be posted on this page.
Copyright
Copyright 2015 by Kinder Spray, LLC, P.O. Box 261, Franklin, MA 02038. All rights reserved. Some materials delivered from this website may contain other proprietary notices and copyright information relating to those materials.