About PestWorksApp Terms of Service
Welcome to PestWorksApp. We developed a business management software application to make it easy for you to manage and grow your Pest control business. We have also developed further offerings that you can use with or within PestWorksApp, such as the WORKSclub, print to mail offerings, consulting, data conversion and business form integration.
We have drafted these Terms of Service to be readable, however if you have any questions or issues, or would like to better understand how we do things at PestWorksApp, please do not hesitate to contact us.
Introduction and Acceptance of Terms
PestWorksApp is a dba of Bugsdotcom, Inc. PestWorksApp (herein “PestWorks”) is providing a service as a software that offers a platform with a collection of applications of tools and other supporting products and services (collectively, the “Service”) to you. The following terms and conditions (“Terms”) are between you and PestWorks, and constitute a binding authorized agreement (“Agreement”) that governs your use of the Service. Through using the Service or website, you're agreeing to the Terms, which PestWorks may change at any time without notice.
Subscription Term and Payments
For those who subscribe to the service (“Customers”), your “Subscription” term will begin on the date that you began payment to subscribe and expires at 11:59pm CST on the identical day of the following month. Example: XYZ Company subscribes on the 15th of June 2016 then the first Subscription term ends at 11:59pm CST on the 15th of July 2016.
Unless either party provides cancelation notice that it does not intend to renew this contract at least 30 days earlier than the end of the Subscription, this agreement is automatically renewed month-to-month with the then pricing and Terms of this Agreement then in effect. Subscription fees will not be refunded.
Subscription fees are pre-paying for the Subscription term. You will furnish and be charged month-to-month as a prepayment for your PestWorks Subscription using a stored credit card. Supplemental agreements will be agreed upon with other extra products and offerings. Until in any other case agreed upon, those products and services can be invoiced to you with cost required before receiving such merchandise and offerings. Fee guidelines might be as set out on PestWorks’s bill.
Access to the Service
PestWorks will furnish you access to the Service as a free demo, for a 14-day free trial (“Trial Period”) use of the service, or if you subscribe to the Service.
For the duration of the Trial Period, PestWorks reserves the right to limit, droop or stop the Service (or any section thereof), either temporarily or completely, at any time or sometimes, with or without prior notice to you. You acknowledge and agree that PestWorks shall not be liable to you or any third party for any change or cessation of the Servicer and that PestWorks has no obligation (express or implied) to furnish, or proceed to provide, the Service, or any section thereof, now or in the future. For those who registered for a free trial use of the Service you need to subscribe to the Service before the end of the Trial interval in an effort to keep your knowledge on the Service. All of your data might be completely deleted on the end of the Trial period.
Altering the Service
PestWorks modifies the Service, including adding or removing functions and features, to improve your experience. Nothing in this Agreement prohibits PestWorks from making such alterations, furnished that no such change to the Service materially reduces the functionality of the service offered to customer for the term of the Subscription.
No Resale of Service
You agree that you will not reproduce, copy, replicate, sell, resell, trade or rent the Service (or any section thereof) for any cause.
As part of utilizing the service, PestWorks will furnish you with the opportunity to post feedback, expertise, suggestions and comments related to our Service. Such feedback that you provide to us will be deemed, at the time of communication to PestWorks, the property of PestWorks, and PestWorks will be entitled to full rights of ownership without restriction. Such feedback in any form becomes PestWorks property without compensation to you.
Pricing changes will not impact you during the Subscription term. PestWorks reserves the right to adjust the customer to then offered pricing structure following the Subscription term.
"Content" is any information that could be generated or encountered via use of the Service, such as documents, written text, software applications, images, photographs, sounds, movies, messages and every other like substances. You recognize that Content whether posted or privately posted on the Service is the sole responsibility of the user from whom such Content originated. Because of this you, and now not PestWorks, are solely responsible for any content you add, download, submit, email, transmit, upload or otherwise make available by way of your use of the Service. You understand that by making use of the Service you may also encounter content that you may find offensive, indecent, or objectionable. PestWorks does not manipulate the content material posted by way of the Service, nor does it warranty the accuracy, integrity or quality of such Content. You understand and agree that you are at your own legal risk by using the Service and any Content within.
You agree that you will not use the Service to sell, promote, or engage in any unethical, unlawful, harmful, copyright infringement or illegal activities. You agree that you will not disrupt the Service through automated means such as web crawlers and scripts.
Elimination of Content
Access to Your Account and Content
You understand and agree that PestWorks may access, use, preserve and/or divulge your account information and content if legally required to take action or if we have good cause to do so. Such causes are as follows, but not limited to: (a) agree to legal procedure or request; (b) enforce these Terms, together with investigation of any violation thereof; (c) observe, prevent or to address security, fraud or technical issues; or (d) look after the rights, property or protection of PestWorks, its users or third parties events as required or permitted by law.
Third Party Integration
A Company or Branch with Owner or greater user permissions may choose to opt-in to additional integrations, such as Stripe (https://stripe.com). There may be additional Terms of Service required by these additional vendors.
Third Party Opt-In
A Company or Branch with Owner or greater user permissions may choose to opt-in to additional services, such as benchmarking scores, mergers and acquisitions, business valuation calculations. More information regarding these options will be available near where the user chooses to opt-in. These additional services may provide necessary information to calculate and/or contact the user to a third party.
Termination by You: You may terminate your account and/or stop making use of the Service at any time.
Termination by PestWorks: PestWorks may at any time, under specific occasions and without prior notice, right away terminate or suspend all or a portion of your account and/or access to the Service. Situations below which PestWorks may just effect such termination shall include, however not be restricted to: (a) violations of the Terms or another policies or directions that are referenced herein and/or posted on the Service; (b) a request from you to cancel or terminate your account; (c) modification to the Service or any phase thereof; (d) a request and/or order from legislation enforcement, a judicial body, or different government agency; (e) where provision of the Service to you is or may become illegal; (f) your participation in fraudulent or illegal activities. This kind of termination or suspension will be made by way of PestWorks in its sole discretion, and PestWorks is not responsible to you or any third party for any damages that may outcome or arise out of such termination or suspension of your account and/or entry to the Service, including without limitation loss of business contacts, sensitive industry knowledge or different information. PestWorks could, at its sole discretion, terminate your use of the Service or entry to this website at any time without notice.
Effects of Termination
Upon termination of your account you lose all entry to the Service and any parts thereof, together with, but no longer restrained to, your PestWorks account and any Content, contacts, information or documents generated, released or stored through the Service.
You comply to protect, indemnify and preserve PestWorks, its associates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorney’s fee, made by using a third party, relating to or arising from: (a) any Content you publish, post, transmit, or else make available through the Service; (b) your use of the Service; (c) any violation by using you of these Terms; or (d) your violation of any rights of an another. This obligation shall survive the termination or expiration of these Terms and/or your use of the Service.
PestWorks may communicate notices concerning the Service, including alterations to those terms, by email, SMS, normal mail, phone call, or through postings on its website and/or the Service.
Any litigation or different dispute resolution between you and PestWorks regarding these Terms or your use of the Service will take place in McLennan County, Texas, and you and PestWorks hereby consent to the individual jurisdiction of and unique venue within the state and federal courts within that jurisdiction with respect to this sort of litigation or dispute resolution. This agreement might be ruled by means of and construed in keeping with the laws of the United States and the State of Texas, besides that body of Texas law involving conflicts of regulation. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.