Service Agreement

This Agreement is made between:

Quality Pest Management ABN 15 629 464 268 (“Provider”)
and
The Client, as detailed in the attached Schedule (“Client”).

1. Service Overview
   • The Provider agrees to supply ongoing pest control services under the Termite Protection and Platinum Membership Plan (“Plan”) for a monthly fee of $66.00 (including GST), payable via Direct Debit or Credit Card as specified below.

 

• Service Inclusions:

 

• Annual Termite Inspection: One comprehensive termite inspection per year (valued between $275 and $330 incl. GST).
• Termite Colony Eradication: Termite colony eradication if active termites are found during the initial inspection (valued up to $5,500 incl. GST). This includes eradication only, not structural repairs. Termite colony eradication is only undertaken to the main structure of the property being the house, this does not include fence lines, trees, landscaping, garages, carports, etc.
• Ongoing Member Benefits:10% discount on additional services
  • (i.) Priority scheduling, including for emergencies
  • (ii.) No call-out fees
  • (iii.) Option to upgrade membership at any time.

 

2. Payment Terms
   • Fee: $66.00 monthly (inc. GST) via direct debit or credit card on the monthly anniversary of the initial inspection of the Client’s premises.
   • Non-payment: May result in service suspension or termination.
   • Late Payments: Any unpaid amounts may attract recovery costs and interest at the maximum rate permitted by
3. Payment Method
   • Direct Debit
     • Direct Debit Authorisation
       • (i.) The Client hereby authorises the Provider to debit the nominated bank account for all moneys due and payable under this Agreement.
     • Direct Debit Terms:
       • (ii.) The Client must ensure sufficient funds are available on the due date.
       • (iii.) The Client must notify the Provider immediately if the nominated account is transferred or closed.
       • (iv.) The Client may terminate this authorisation by providing written notice at least 30 days prior to the end of the 12-month minimum term.
       • (v.) The Provider may cancel the Direct Debit Authorisation if three or more drawings are returned unpaid and will arrange an alternate payment method with the Client.

 

• Credit Card Terms:
  • The Client authorises Quality Pest Management to charge the nominated credit card for all payments due under this Agreement.
  • The Client must notify the Provider immediately if the credit card is lost, stolen, or changed.
  • The Client may cancel this authorisation by providing written notice at least 14 days prior to the next scheduled payment.

 

3. Client Responsibilities
   • The Client is responsible for:
     • maintaining valid payment details.
     • providing property access for scheduled services.
     • notifying the Provider of any pest activity or changes at the property.
     • cooperating with communication and information requests.

 

4. Agreement Term & Renewal
   • Minimum Term: 12 months from the date of initial inspection.
   • Auto-Renewal: Automatically renews annually unless cancelled with at least 30 days’ written notice before renewal.
   • Cancellation Terms: The Client may cancel the Agreement early in the event of a property sale, provided they submit supporting documentation. If services have already been delivered under the Agreement, the Client is required to pay the full value of those services prior to cancellation. Otherwise, the Client will be required to pay out the remainder of the minimum term or transfer the services to another property for the remainder of the 12-month minimum term. Details of the new property will be required.
   • Inspection Timing: Annual termite inspection must be completed within each 12-month period during a time that the Provider has availability.

 

5. Limitations & Liability
   • No liability for infestations outside the scope of this agreement or for failure to book the annual inspection.
   • To the fullest extent permitted by law, the provider’s liability is limited to the total fees paid by the client for the affected Services.
   • The provider does not guarantee a pest-free/termite free property and is not liable for consequential or indirect losses.
   • Liability limited to service fees paid for the affected service.

 

6. Termination
   • Cooling-Off Period: The Client may terminate this contract for convenience and without penalty within 14 days from signing this agreement. If the Client seeks to terminate this agreement after the 14 days without cause, this will be deemed to be the Client’s repudiation and the Client will be liable to pay the remainder of the fees for that 12 month minimum term.
   • Immediate Termination:
     • If the Client is in Substantial Breach of these Terms the Provider may provide a written default notice describing the details of the breach with the requirement that it be remedied within 5 business days.
     • If the breach is not remedied within 5 business days, the Provider may suspend or terminate the Services.
     • A substantial breach of these terms by the Client includes, but is not limited to:
       • (i.) failing to perform or observe any of the terms arising from these Terms or non-payment of any fees pursuant to these terms when and as required; or
       • (ii.) being affected by an Insolvency Event.

(“Substantial Breach”)

• For the purposes of this clause, an “Insolvency Event” is when the Client is placed into an arrangement with its creditors or, being an individual, commits an act of bankruptcy or is made bankrupt, or, being a Provider resolves or is ordered to be wound up or has a liquidator, receiver, receiver and manager or official manager appointed.
• If the Provider terminates this contract, the Client must pay as a debt the value of the Works completed prior to that point as well as the monthly fees for the remainder of the 12-month term.
• The Provider shall be also entitled to be reimbursed for any loss or damage it may sustain as a result of the default of the Customer, including any loss sustained through the suspension and subsequent resumption of the Works.
• Such suspension or termination shall not affect any of the Provider’s rights accrued against the Client prior to termination.

 

• Upon Termination: The client must pay for all services provided up to the termination date and the monthly fees for the remainder of the 12-month term.

 

7. Dispute Resolution

Any dispute should first be resolved through negotiation. If the parties are unable to resolve the dispute through negotiation, the dispute shall be referred to Australian Dispute Centre, and, failing any agreement, then referring the matter to arbitration.

 

8. Force Majeure
   • Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.

 

9. Governing Law
   • This agreement is governed by the laws of New South Wales, Australia.

 

10. Entire Agreement
    • This document constitutes the full agreement and overrides any prior understandings.

 

11. Additional Clauses
    • Variation: Any variation to this contract can only be made by agreement by the parties in writing.
    • Data Protection: All client data is protected and used only for service delivery.
    • Indemnity: Client indemnifies the Provider against losses due to undisclosed pest activity or agreement breach. The Client shall be solely liable for and shall indemnify and hold harmless the Provider, its officers, employees and agents from and against all liability of any nature whatsoever and howsoever arising in or in connections with the Contract, and howsoever or whomsoever caused except to the extent that such liability is caused by negligence.
    • Property Alterations: Client must approve any necessary property modifications (e.g., drilling).
    • Record Keeping: Provider will retain service records for 5 years and provide copies upon request.
    • Severance: If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
    • Loss: The Provider will not be responsible for any loss or liability incurred by you arising or in any way connected with any dealing or transaction with us, contemplated or actual, except to the extent of liability imposed by the Australian Consumer Law.
    • Indirect Loss: The Provider is not liable whatsoever to you for any direct or indirect losses and/or expense suffered by you arising out of a breach by us of these Terms.
    • Waiver: Our failure to enforce any provision of these Terms shall not be treated as a waiver of that provision, nor shall it affect our right to subsequently enforce that provision.
    • Authority: The Customer warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent, and that this agreement creates binding and valid legal obligations on it.

Direct Debit / Credit Card Authorisation – Termite Protection Membership Plan

This Direct Debit Request Service Agreement (“Agreement”) is between Quality Pest Management & Solutions (ABN 15 629 464 268) (“we”, “us”, “our”) and you (“the Client”). It outlines the terms under which you authorise us to arrange (via our processing partner) for automatic payments to be made from your nominated credit card or bank account to settle amounts due for the Termite Protection Membership Plan.

By signing this Agreement, you authorise our payment processor to automatically charge your nominated credit card or debit your nominated bank account for the agreed monthly fee of $66 (GST inclusive) and any additional services you authorise.

After signing, we will contact you by phone to obtain card details so as to ensure that your details are not transmitted over the internet. You agree to accept our phone call and provide your details.

Payments will be processed on the due date shown on your invoice, or another date agreed upon by us. Failure to provide this notice may result in the payment being processed.

If your credit card or bank account is cancelled, blocked, suspended, or otherwise changed, you must provide updated details to ensure payments continue without interruption. If a payment due date falls on a weekend or public holiday, the debit will be processed on the next business day.

If a debit from your nominated account fails, we will attempt to process it again twice. If unsuccessful, we will contact you to arrange alternative payment. Your services may be suspended until the payment issue is resolved.

We treat all records and account details related to this Direct Debit Request as confidential, in accordance with our Privacy Policy. Your payment information will only be shared with our payment processor as required to manage your payment arrangements.

By providing your card or bank details, you agree to this Direct Debit Request Service Agreement and authorise Quality Pest Management & Solutions (ABN 15 629 464 268) to charge your card or debit your account for any amounts owing. You certify that you are either an account holder or an authorised signatory on the account listed above.