Term: Service Agreements shall be for a period of one year commencing on the first service after signature of this agreement, with either party having the ability to cancel this Agreement upon 60-days notice to the other party within 60 days of the anniversary date each year. Cancellation of the service agreement prior to the anniversary date in any year will result in a cancellation fee of three times the monthly billing fee.

Termination: Agreements may be terminated by either party with 60 days written notice within 60 days of the anniversary date each year, providing all accounts are current. In cases of Customer nonpayment or entering bankruptcy or insolvency per the Bankruptcy Code, That Guy Services Inc. reserves the right to terminate the Agreement upon immediate written notification.

Pricing: The initial price for services is set forth in the specifications of this Agreement. Company reserves the right to annually increase the amount charged for the services, which shall be communicated by written notice to Customer, which notice may be by invoice, by email, or by written notice at the sole discretion of That Guy Services Inc.

Cancellation Terms: Upon the sale of a property, services may be cancelled prior to the expiration of the agreement with a 60-day notice in writing only, and the owner or designated agent must notify That Guy Services Inc. of the change of ownership at least 60 days prior to the close of escrow for the cancellation to be valid. Changes in management staff or property management companies are not valid for cancellation reasons; in the event a change occurs in either the management staff or property management companies That Guy Services Inc. will continue all services as outlined in this agreement.

Credit and Payment: Customer agrees to remit payment in one of the acceptable forms of payment accepted by That Guy Services Inc. Payment may be made by check, cash, ACH, or credit card. Credit card purchased will incur a five percent processing charge. All payments are due at the time of service and no later than 30 days of the date of service. In the event full payment is not made within thirty (30) days after invoice date, a service charge of 1.5% per month will be added to the unpaid balance on all due accounts over 30 days. All returned checks will incur a $50.00 servicing fee. Failure to pay for services will result in collection actions, including referral to a collection agency, credit bureau reporting, or court proceedings. The Customer is also responsible for all collection costs, including reasonable attorney fees, for overdue invoices. In the event a payment is decreased by any amount for any reason including the use of third party payment processing companies, that amount plus applicable interest will be charged in a separate invoice upon an audit of the account. Any missing amounts or payments for services rendered will be submitted for payment and will be handled as outlined, this includes any deductions to our full invoice by any third party payment processing firms.

Billing:That Guy Services Inc. will submit billings for services rendered at the completion of each service. In some cases services are billed prior to completion. Billings for services are not pro-rated at any time. At least once per quarter or semiannually That Guy Services Inc. will audit each account for accuracy of billing, if any billings were missed or billed incorrectly That Guy Services Inc. will submit such billing for immediate payment to Customer when an error is found. Customer is obligated to pay for all billing invoices once they are received, including in the event they have been delayed.

Invoice Amount: The invoice amount is the total amount to be paid to That Guy Services Inc. by the customer. In the event any invoice amount is reduced, deducted, or not paid in full through customers use of a third party payment system or by error, That Guy Services Inc. will submit an accounting adjustment invoice for the missing amount on a quarterly or semi annual basis. Payments of all accounting adjustments must be made by customer to close any open invoices.

Customer Responsibilities: Effective service requires the Customer’s full cooperation. The Customer agrees to fully cooperate with That Guy Services Inc. throughout this Agreement. It is the responsibility of the owner, owner’s agents, or residents to keep the premises free from conditions that could contribute to the identified issues and follow the provided instructions. This includes, but is not limited to, taking precautions for pets (dogs, cats, reptiles, birds, fish, etc.). While That Guy Services Inc. will perform services carefully, it is not responsible for the well-being of pets. The Customer must handle garbage properly, make necessary repairs, avoid using chemicals or self-treating in ways not advised by That Guy Services Inc., empty grease traps, and ensure equipment is not damaged or turned off. Any damage warranty will be voided if pests or issues arise due to the Customer’s lack of cooperation. That Guy Services Inc. provides pest control services for pests that typically inhabit structures and surrounding areas as outlined in this agreement. The owner or designated management must provide residents with a pesticide disclosure notice as required by law and give them a copy of That Guy Services Inc.’s standard preparation sheet before any treatment is scheduled or performed. No interior services will be provided unless the specified preparation requirements are met. That Guy Services Inc. is not responsible for any damages caused by pests, which may occur at any time. That Guy Services Inc.’s failure to inform the Customer of negative conditions does not change the Customer’s responsibility. If the Customer cannot meet preparation or maintenance requirements, That Guy Services Inc. will decide on-site if the service can proceed or needs rescheduling, with possible extra fees. If the Customer or occupants have sensitivities to products or odors, they must notify That Guy Services Inc. in writing before treatment. Failure to do so limits our liability, and services may be denied or terminated. Any arrangements, costs, or inconvenience from evacuating occupants or other necessary precautions are the Customer’s responsibility. The Customer agrees to provide That Guy Services Inc. with full or reasonable access to all areas required for effective service and maintenance, including individual units in multi-unit structures and electrical outlets, if needed.

Emergency Services: Emergency services are deemed as services requested after 1:00 PM for the same day, after normal business hours (9:00 AM to 5:00 PM), or weekends. In the event an emergency service is requested That Guy Services Inc. will dispatch an appropriate technician at to fulfill the request and bill the property for the emergency service cost. Some costs are billed per hour whereas others are for time and materials. The minimum charge for an emergency service request response or dispatch is $325.00 regardless of performance of treatment.

Standard of Care: That Guy Services Inc. will use its expertise to select appropriate products and services, following all legal and label requirements. While reasonable care will be taken, the company is not liable for damage or injury from materials used as directed. That Guy Services Inc. is not responsible for the safety of pets, stains, discoloration, or other damages, except those caused by its willful negligence.

Fuel Charges: In the event that the national average retail price for regular gasoline or on-highway diesel fuel, as published by the U.S. Energy Information Administration (EIA), exceeds $3.00 per gallon, That Guy Services Inc. reserves the right to apply a fuel surcharge to each service visit. The surcharge will be calculated as follows, for every $0.10 per gallon that the national average exceeds $3.00, a $2.00 surcharge will be added per service visit. The applicable rate will be assessed monthly based on the average fuel price published on the first Monday of each calendar month. That Guy Services Inc. will provide notice of any such surcharge and the applicable amount via email or invoice notation. This surcharge is subject to change or removal if fuel prices drop below the threshold.

Animal Disposal: That Guy Services Inc. will dispose of trapped wildlife according to local laws. If the Customer requests or the local law requires the animal be released on their property, the company is not responsible for any return or damage caused by the animal. A minimum fee of $325.00 will be charged for disposal of trapped animals or disposal of any carcasses.

Modification: Any changes to the requirements that result in additional material or labor costs will incur extra charges. If specialized equipment or products are needed to address the issue(s), That Guy Services Inc. will inform the Customer of the additional costs.

Exclusions: The service program as chosen does not include the following; WDO/WDI (termite or wood destroying pest) treatments or control programs, Comprehensive cockroach programs (P.A.S.S. System, or multi unit cockroach clean out programs), bees, hornets, flies or flying insects of any kind, bed bug heat treatment or bed bug P.A.S.S. system treatments, birds, full property inspections of any kind. If an inspection is requested for a pest issue whether covered or not covered by this agreement there may be an inspection fee of up to $125.00 per inspection request.

Fall Protection: For safety reasons and compliance with regulations, That Guy Services Inc. may need to use fall protection when working on a roof or above ground level. Fall protection equipment may include roof anchors, and the Customer will be informed accordingly. Some anchors are meant to remain on the roof, while others should be removed. If the Customer prefers removal, this should be discussed with the sales representative prior to service.

Moisture, Mold and Mildew: Moisture is commonly present in most structures and can create conditions conducive to pests, wood-destroying insects, and the growth of mold, mildew, and other fungi. The Customer is solely responsible for consulting qualified professionals regarding the presence or spread of mold, mildew, mold spores, fungi, health concerns, or indoor air quality. That Guy Services Inc. does not have the expertise to identify or assess mold, mildew, or fungi that may affect air quality or health, nor can it offer opinions or recommendations on exposure to or remediation of these issues. The company is not responsible for personal injury or property damage caused by mold, mold spores, mildew, or fungi, even if such issues are unintentionally disturbed during inspection or pest-related treatments. The Customer agrees to waive and release That Guy Services Inc. from any claims or injuries related to mold, mildew, or fungal growth.

Substructure: Services under this Agreement do not cover the substructure of the premises. If substructural treatment is needed, additional costs will apply, and That Guy Services Inc. will inform the Customer.

Warranty: For Equipment and Products, manufacturer warranties apply, and That Guy Services Inc. offers no additional warranty on Products, Equipment, or Services. Some Services may include a limited warranty from That Guy Services Inc.; please refer to the Service definition for details.

Right to Subcontract: That Guy Services Inc., at its sole discretion, may subcontract or delegate any of its duties and obligations under this Agreement to an affiliate or third party.

Unexpected Events: That Guy Services Inc. shall not be held liable for any delay or failure in performing services due to causes beyond its reasonable control.

Insurance: That Guy Services Inc. will carry public liability and property damage insurance to cover injuries to the public from accidents arising during operations. Evidence of this insurance will be provided to the Customer upon request.

Limitation of Liability: The Customer agrees that the services provided are not insurance or a guarantee of legal compliance. That Guy Services Inc. is not responsible for the Customer’s practices or whether recommendations are followed, and will not be liable for consequential, indirect, or economic damages. The Customer will indemnify and hold That Guy Services Inc. harmless from any third-party claims related to this Agreement or the Customer’s failure to meet requirements. That Guy Services Inc. is only liable for damages resulting from its own negligence or misconduct, with liability limited to the annual fees charged under this Agreement.

Choice of Law: All disputes, claims or lawsuits related to this Agreement or to the services shall be determined in accordance with the laws of the state in which services are performed.

Class Action Waiver: Where permitted by applicable law, both the Customer and That Guy Services Inc. agree to bring claims only in their individual capacity, not as part of a class or representative action. Unless both parties agree otherwise, no action or court may consolidate multiple claims or handle any representative or class proceeding.

Mandatory Arbitration: Any claims, disputes, or matters arising from or related to this agreement or its warranty shall be resolved through arbitration by a single, neutral arbitrator.

Intellectual Property: Unless explicitly stated otherwise, both That Guy Services Inc. and the Customer will retain ownership of any Intellectual Property they own or control as of the Effective Date, as well as any that they develop or acquire in the future. This agreement is binding on all successors of the Customer’s business.

Third Party and Marketing Disclosure: The Customer grants permission to That Guy Services Inc. to share the Customer’s name and contact information with its business partners. This data will not be sold and will solely be used to enhance the Customer’s experience with That Guy Services Inc. Additionally, unless the Customer notifies That Guy Services Inc. otherwise or opts out, the Customer agrees to receive periodic marketing and sales information regarding the services offered by That Guy Services Inc.

Data Security: That Guy Services Inc. may provide the Customer access to online tools for storing service reports, visit history, and other relevant information. While security measures like hashed passwords, HTTPS encryption, and secure data centers are in place, the Customer acknowledges and agrees to the following:

• That Guy Services Inc. and its subsidiaries are not responsible for the security or confidentiality of the Customer’s access credentials. Customers are advised to protect their login IDs and passwords. Access to That Guy Services Inc. online tools is immediately terminated upon the Customer’s termination of the Service Agreement.

• The Customer agrees to indemnify, defend, and hold That Guy Services Inc. harmless from any claims related to the use of its online and digital tools, including those arising from internet hacking.

• This agreement is binding on all successors of the Customer’s business.

By submitting this form, you agree to all the terms above.