Smack That Pest Control LLC
Terms of Service
EFFECTIVE DECEMBER 1, 2025
Smack That Pest Control LLC (“We”, “Us”, “Our”, “Company”, “Smack That”) requires that each client (“Client”, “You”, “Them”, “They”) read, understand, and agree to our Terms of Service prior to any services being rendered. This ensures proper expectations, protects both parties, and supports a professional and transparent working relationship.
Service Agreement
Smack That will provide the client with a service agreement that outlines the scope of services to be provided. The client’s signature, initials, online acceptance, or general approval of the service agreement constitutes confirmation that they have fully read, understood, and agreed to these Terms of Service and the scope of services described.
Scope of Service(s)
The scope of service is limited exclusively to what is outlined in the approved service agreement. Any service, task, treatment, or responsibility not written in the approved service agreement is not included or enforceable.
Authorization
Upon approval of a service agreement, the client grants Smack That full permission to access the service location, render all services included in the agreement, and complete any reasonable and necessary related tasks. The client also authorizes Smack That to contact them via email, phone, text, and any other acceptable communication method.
Additionally, the client grants Smack That permission to obtain, use, modify, share, and publish media (photos, videos, etc.) that document services performed at their property. Smack That will not publish media that contains identifying personal information without additional permission.
Accessibility
Smack That must have full access to the service location at the time of service. It is the client’s responsibility to ensure access is available. If we cannot access the property, services may be refused or completed only in part at our discretion.
If Smack That cannot access the property due to client-related issues, we reserve the right to charge the full service price regardless of whether partial or no service was completed.
Obstacles
The client is responsible for clearing obstacles prior to service. Examples include toys, trampolines, debris, leaves, tools, equipment, clutter, food, and pet waste.
Smack That will not move obstacles unless expressly requested by the client and accepted by the company. If obstacles prevent full service, we may refuse service or complete only the accessible portions. The client agrees to pay the full service price for incomplete services caused by obstacles.
If Smack That agrees to move an obstacle, the client waives all liability for damages related to the handling or movement of that obstacle.
Pets
The client must ensure that pets are secured and removed from treatment areas before and during service. Smack That will not perform interior or backyard services when pets are present in the treatment zone.
If pets restrict access, we may complete only the accessible areas. The client agrees to pay the full service price in such cases.
Chemicals
Smack That uses EPA-registered synthetic pesticides and carefully selected natural products that are FIFRA 25(b) exempt when applicable. All chemicals are applied according to label requirements and industry best practices.
Smack That will provide any necessary precautions or safety instructions. Clients must follow all instructions to ensure safety and treatment effectiveness.
Instructions
The client is responsible for following all instructions and recommendations provided by Smack That. Failure to follow instructions may void any warranties, guarantees, or expectations of treatment success.
Scheduling
If Smack That must reschedule or cancel a service, we will notify the client as early as possible and provide alternative availability.
Clients must provide at least 24 hours notice to reschedule or cancel a service. If adequate notice is not provided, Smack That will perform the service as scheduled and the client agrees to pay the full service price.
Repeated cancellations may result in suspension or termination of service.
Delays
Smack That is not liable for delays in service caused by circumstances beyond our control.
We may reschedule services due to weather or safety conditions at our sole discretion. Examples include thunderstorms, high winds, flooding, temperatures under 40 degrees, and temperatures over 105 degrees.
Force Majeure
Smack That is not liable for failure or delay caused by conditions beyond our reasonable control. These include mechanical issues, public or personal emergencies, pandemics, weather events, supply shortages, labor disruptions, acts of war, riots, lockdowns, or acts of God.
Holidays
Smack That observes all official U.S. holidays and may reschedule visits that fall on or near these dates.
Vacations
Smack That reserves the right to take vacations. We will notify clients of any scheduling changes caused by these events.
Billing
Clients must maintain the payment schedule outlined in their service agreement.
Residential clients must keep a valid debit or credit card on file and ensure sufficient funds for all scheduled and recurring services.
Commercial clients may use the payment methods listed in their agreement, including card, ACH, wire, or check.
Smack That may process payments automatically in accordance with the service agreement and these Terms. Late payments may incur fees of up to 50 percent of the invoice amount. Sales tax will be charged as required by law. If the client has a billing concern, they must contact Smack That within 3 to 5 business days. Filing an improper chargeback for a valid charge may result in legal action.
Pricing
Smack That reserves the right to update pricing at any time due to changes in laws, costs, or business conditions. Pricing updates become effective once communicated through any reasonable method including website updates, email, text, or written notice. Continued payment or use of service constitutes acceptance.
Right to Refuse
Smack That reserves the right to refuse service to anyone at any time for any non-discriminatory reason.
Termination
Either party may terminate service at any time with written notice. If a client provides termination notice within 24 hours of a scheduled service, that service will still be completed and billed. Any provisions that should logically remain effective after termination will continue to apply.
Warranty / Guarantee
Any warranty or guarantee provided by Smack That is subject to all conditions outlined in these Terms and the service agreement.
General pest control warranties are based on reduction of pest pressure, not absolute elimination. Smack That retains sole discretion over the validity and enforcement of warranties.
Damage Liability Waiver
The client agrees to hold Smack That harmless for any damages arising from services rendered.
Smack That is not responsible for loss, damage, or expense after materials are delivered to the service location. Smack That is not liable for indirect, incidental, special, punitive, or consequential damages including lost revenue, lost profits, delays, or loss of goodwill.
The client’s maximum recovery is limited to the amount paid for the service giving rise to the claim.
Indemnification
The client agrees to indemnify and hold Smack That harmless from losses, damages, liabilities, claims, actions, penalties, legal fees, or expenses arising from:
a) conflicts related to these Terms
b) client-imposed limitations on service
c) conditions at the service location
Governing Law
All matters not subject to arbitration shall be heard exclusively in Dallas, Texas. Texas law governs all matters relating to these Terms.
Entire Agreement
These Terms and the approved service agreement constitute the full agreement between Smack That and the client. Any changes must be in writing and signed by both parties.
If any provision is found unenforceable, the remaining provisions remain valid.
Arbitration
All disputes shall be resolved through confidential arbitration administered by the American Arbitration Association. Arbitration will take place in Dallas, Texas.
Clients waive all rights to trial by jury. Arbitration must be conducted individually. Classwide arbitration is not permitted. This agreement to arbitration survives termination. Smack That may seek temporary or permanent injunctive relief from a court at any time if necessary to protect its interests.
Class Action WaiveR
Both parties agree that claims may only be brought individually. No class actions, representative actions, or joint claims are permitted.
Disclaimer
These Terms may be updated at any time. Updates become effective upon publication on the Smack That Pest Control website. Continued use of services after the most recent update constitutes acceptance.
