TERMS AND CONDITIONS

Here are Ecoteam’s Standard Terms & Conditions

SERVICE@TERMITEWORK.COM

1. NOTICE TO BUYER: For all termite treatments there must be a diagram showing exactly what will be treated. Treatment specifications and warranties for those treatments may vary widely. Review the pesticide label provided to you for minimum treatment specification. If you have any questions, contact the pest control company or the Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711-2847. Telephone number (866) 918-4481.

2. SCOPE OF AGREEMENT: This Agreement provides for treatment and/or re-treatment for subterranean (ground) termites (Reticulitermes spp.) only. This Agreement does not provide any inspection for, or treatment of, other termite’s species, aerial (above-ground) infestations of any kind, carpenter ants or beetles or any other wood destroying organisms. Further, only those buildings, apartments or spots listed herein are covered. Patio fences and other attached items are specifically excluded.

3. TERMS AND CONDITIONS OF PAYMENT: Upon completion of work, all unpaid balances are due and payable unless otherwise stated in the payment schedule (see reverse hereof). From the due date forward, interest will be accrued at a rate of 1.5% per month (18% A.P.R.) on any unpaid balance. In case of default by the Purchaser, also referred to as the Customer on the reverse hereof, Ecoteam Pest Solutions, Inc., has the right to terminate this Agreement, and lien the Structure(s) accordingly.

4. WARRANTY: During the term of this Agreement, any further treatment found necessary due to active subterranean termites (Reticulitermes spp.) will be performed at no extra charge to the Purchaser. Such treatments found necessary due to new or continued subterranean termite activity will be spot-treated as defined below. So long as the warranty is in effect, Ecoteam Pest Solutions, Inc., will re-inspect the exterior of the building(s)/apartments covered under this Agreement on an annual basis. Failure to pay the annual extension fee by the Agreement anniversary date shall void this warranty without privilege of reinstatement. Ecoteam Pest Solutions, Inc., reserves the right to revise the annual extension fee after the third year. It is recommended that re-treatment be considered six years after the initial treatment due to various factors affecting termiticide longevity in the soil. Furthermore, the Purchaser warrants full cooperation with Ecoteam, and agrees to maintain the building(s) covered under this Agreement free from any conditions conducive to re-infestation, such as excessive moisture, wood to ground contact, soil grades in contact with siding, etc.

5. EXISTING DAMAGE: Ecoteam is not responsible for the repair of either visible damage or hidden damage existing as of the date of this Agreement. It is agreed that the customer is solely responsible for the repair of such damage. Because damage may be present in areas which are inaccessible to visual inspection, Ecoteam does not represent that the damage disclosed on the Disclosure Graph and/or the Inspection Graph represents all of the existing damage as of the date of this Agreement. If visible evidence of active or previous infestation is reported on the graph, it should be assumed that some degree of damage is present and it is advisable that a qualified building expert inspects the property for damage and structural integrity.

6. WATER LEAKAGE: Water leakage in treated areas, in interior areas and/or through the roof or walls of the Structure(s), may destroy the effectiveness of treatment and is conducive to new infestations. Purchaser is responsible for making timely repairs as necessary to stop leakage. Purchaser’s failure to make timely repairs will terminate this Agreement automatically without further notice.

7. DAMAGE AND LIMITATIONS OF LIABILITY: Due to the nature of construction, the extent of existing termite damage, the degree of termite activity or application restrictions, ECOTEAM DOES NOT GUARANTEE AGAINST, AND THEREFORE SHALL NOT BE RESPONSIBLE FOR PAST, PRESENT OR FUTURE DAMAGE TO THE STRUCTURE OR ITS CONTENTS, NOR FOR REPAIRS OR COMPENSATION THEREOF. In consideration of the sums charged by Ecoteam hereunder and as liquidated damage and not as a penalty, and notwithstanding any contract, tort, or other claim that Ecoteam shall have been negligent in the performance of its duties to Purchaser, (I) the sole responsibility of Ecoteam Pest Solutions, Inc., to Purchaser or anyone claiming through Purchaser under this Agreement or otherwise is to RE-TREAT the property described herein, and (II) Purchaser and anyone claiming through the Purchaser expressly release Ecoteam from, and agree to indemnify Ecoteam with respect to any other obligation whatsoever to Purchaser or anyone claiming through Purchaser. This Agreement does not guarantee, and Ecoteam does not represent that termites will not return.

8. DISCLAIMER: ECOTEAM PEST SOLUTIONS, INC., DISCLAIMS AND SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES DUE TO SUBTERRANEAN TERMITES. THE OBLIGATIONS OF ECOTEAM ARE SOLELY TO PROVIDE SUBT. TERMITE TREATMENTS FOUND NECESSARY. This Agreement does not cover, and Ecoteam Pest Solutions, Inc., will not be responsible for damage resulting from or services required for:

(A) Any and all damage or repairs resulting from termites and/or any other wood destroying organisms.

(B) Drilling through the slab(s) for sub-slab injection of termite materials, and resultant marring or damage to floor coverings, linoleum, floor tile, etc.

(C) Moisture conditions, including but not limited to fungus damage and/or water leakage caused by faulty plumbing, roofs, gutters, downspouts and/or poor drainage.

(D) Masonry failure or grade alterations.

(E) Inherent structural problems, including but not limited to, wood to ground contacts.

(F) Termites entering any rigid foam, wooden or cellulose containing component in contact with the earth and the Structures whether part of the Structure or not.

(G) Termites entering any cellulose containing component where stucco siding is in contact with the earth.

(H) The failure of Purchaser as notified by Ecoteam through Work Orders, etc. to promptly cure at Purchaser’s expense any condition, which prevents proper treatment or inspection, or is conducive to termite infestation. Termite re-treatment warranties, if any, will be automatically terminated without further notice.

9. NOTICE OF CLAIMS, ACCESS TO PROPERTY: Any claim arising out of or relating to this agreement must be made to Ecoteam during the term of this Agreement. The only obligations of Ecoteam to Purchaser arising out of or relating to this Agreement is to re-treat and then only if a valid claim is made during the term of the Agreement. In the event of any claim by Purchaser or anyone claiming through Purchaser for anything other than for Ecoteam to Re-treat the identified property, Purchaser and any person claiming through Purchaser shall pay all the costs and expenses of Ecoteam, including but not limited to, attorney’s fees, relating to or arising out of such claim. The Purchaser agrees to make the buildings and premises available for inspection.

10.DESCRIPTIONS OF TREATMENT OPTIONS: A subterranean termite post construction treatment may be either a partial treatment or a spot treatment using termiticide, approved physical barriers or baiting system. These types of treatments are defined as follows:

a. PARTIAL TREATMENT: This technique allows a wide variety of treatment strategies but is more involved than a spot treatment (see definition below.) Ex: treatment of some or all of the perimeter, bath traps, expansion joints, stress cracks, portions of framing, walls and bait locations.

b. PIER and BEAM: Generally defined as the treatment of the outer perimeter including porches, patios and treatment of the attached garage. In the crawl space, treatment would include any soil to structure contacts as well as removal of any wood debris on the ground.

c. SLAB CONSTRUCTION: Generally defined as treatment of the perimeter and all known slab penetrations as well as any known expansion joints or stress cracks.

d. SPOT TREATMENTS: Any treatment which concerns a limited, defined area less than ten (10) linear or square feet that is intended to protect a specific location or “spot”. Often there are adjacent areas susceptible to termite infestation which are not treated.

e. BAITING SYSTEMS: This type of treatment may include interior and/or perimeter placement of monitoring or baiting systems along with routine inspection intervals. The baiting technique may include one or more locations as prescribed by the product label and instructions.

f. BARRIERS: If a physical device is used, the square footage of the physical device must be recorded and a diagram describing the installation will be provided.

11.CHANGES IN LAW: Ecoteam performs its services in accordance with the requirements of federal, state, and local law. In the event of a change in existing law as it pertains to the services herein, Ecoteam reserves the right to revise the annual extension charge or terminate this Agreement.

12.ARBITRATION: The purchaser and Ecoteam agree that all matters in dispute between them, including but not limited to any controversy or claim between them arising out of or relating to this agreement, to any wood destroying insect report with respect to the Structures, any services provided by Ecoteam or otherwise to the structures in any way, whether by virtue of contract, tort or otherwise, shall be settled exclusively by arbitration. The parties acknowledge, agree and understand that by agreeing to mandatory, arbitration they are forever forgoing their right to bring their claim in court and to have their dispute decided by a judge or jury. Such arbitration shall be conducted in accordance with the Commercial Arbitration Rules then in force of the American Arbitration Association. The arbitrator(s) shall be bound by rules of substantive law and shall not be bound by the rules of evidence, whether or not set out by statute, except for provisions relating to privileged communications. The arbitrator shall give effect to any and all waivers, releases, disclaimers, limitations, and other terms and condition of this Agreement. Therefore, the award shall not have the power or authority to hold Ecoteam responsible for (1) the repair or replacement of any termite damage to Structures, (2) loss of anticipated rents and/or profits, (3) punitive, exemplary or treble damages or (4) attorney fees. Each party shall be responsible for paying any attorney’s fee and one half of any expense incurred by the arbitrator, and the award shall assess the arbitrator’s fees and expenses accordingly. The decision of the arbitrator shall be a final and binding resolution of the disagreement, which may be entered as a judgment by any court of competent jurisdiction.

13.LIMITED ASSIGNABILITY: This Agreement is assignable by Purchaser to a new owner of the property for a period of one year from the effective date of this Agreement and thereafter, upon the written request of the Purchaser, and only in the sole discretion of Ecoteam after its inspection of the property which consent, if given, shall be in writing signed by Ecoteam and accepted in writing by Purchaser. Upon transfer of ownership of the warranted building(s) or spot(s), this warranty shall be continued upon payment of a 5% transfer fee. In addition, Ecoteam Pest Solutions, Inc., reserves the right to revise the annual extension fee upon transfer of ownership. In the event the new owner fails to request continuation of the warranty or does not agree to pay the transfer fee and the annual extension fee, this warranty will become null and void from the date of ownership change.

SERVICE@TERMITEWORK.COM

AUSTIN: 512-201-4100 | DFW: 972-232-7400

HOUSTON: 713-489-5253 | SAN ANTONIO: 210-960-4444

Ecoteam Corporate Address: 12114 Dover Street | Houston, TX | 77031

Ecoteam, LLC., is licensed and regulated by the Texas Department of Agriculture, P.O. Box 12847, Austin, TX 78711-2847 Telephone: 866-918-4481. Fax: 888-232-25678.

Central Texas TDA TPCL No. 0695824 | North Texas TDA TPCL No. 0702518