Terms and Conditions of Business - Capital Services Limited (C 12375) (Trading as “Capital Pest Control”).
Capital Pest Control has created these terms and conditions of business to protect all parties. The terms and conditions reflect Capital Pest Control’s commitment to quality, a high standard of workmanship, value for money and best industry practices.
The CUSTOMER means the person ordering the service provided by Capital Pest Control.
The SERVICE PROVIDER means Capital Pest Control and includes all its representatives.
The TREATED AREA means the location, building, space, or room treated for pests.
The Pest Control Service
The pest control service will be carried out in accordance with the criteria of the applicable Maltese and E.U. law either as a One-off treatment or as a Contract treatment at regular intervals as agreed between the CUSTOMER and the SERVICE PROVIDER. Capital Pest Control specialists will use and apply pesticides and pest control devices as they deem appropriate during each visit.
The Customer’s Obligations
By placing an order with us (whether through our website, over the telephone or by other means) you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years old.
The Customer is obliged to:
- Minimize pest incidence by carrying out the recommendations made by the SERVICE PROVIDER in reasonable time.
- Provide access to Capital Pest Control representatives in order for them to be able to carry out their services at any reasonable time or as specified.
- Make prompt payment.
- Maintain any pest control entrapment units installed on the premises. Damage over and above the normal wear and tear will result in a charge being levied against the Customer.
- All food products or drinks which may accidentallyget contaminated during the course of the service are removed from the TREATED AREA prior to the pest control treatment and for four (4) hours following treatment. If the treated area is not capable of being completely secluded owing to a lack of doors, the treated area shall be understood to include any and all other areas so linked to the TREATED AREA.
- Any children, toddlers, domestic pets and any form of livestock are removed from the TREATED AREA prior to the treatment and for four (4) hours following treatment. In case that small children, toddlers or animals are allowed to crawl or walk on the floor of the TREATED AREA following the lapse of 4 hours from treatment then the floor would have to be washed before this is allowed in order to avoid poisoning circumstances. In all other cases the floor would have to be washed not before three days from treatment. If the TREATED AREA is not capable of being completely secluded owing to a lack of doors, the treated area shall be understood to include any and all other areas so linked to the TREATED AREA.
Limitation of Liability
Capital Pest Control does not accept any liability for loss, damages or injury to any toddlers, children, adult human beings, livestock, domestic animals, birds, crops, goods or equipment caused by the use of pesticide, insecticide or by the installation of pest control devices.
Price and Payment
Payment must be made at the time of the treatment for one-off treatments or within 30 days of invoice date for all contract or account customers or as individually agreed on contract endorsement.
Pest control service prices are liable to change at any time, but changes will not affect orders in respect of which Capital Pest Control would have already confirmed in writing.
Capital Pest Control is entitled to recover all expenses incurred in obtaining payment from the customer.
Capital Pest Control is entitled to vary the price as appropriate to take into account any additional services, treatments or visits requested by the customer which were not included in the original service request.
The customer is not entitled to withhold any monies due to Capital Pest Control.
Our prices may vary on a geographical basis and may be subject to change, but shall be agreed at the time of booking, subject to any adjustment in accordance with these terms due to circumstances that we were unaware of at the time of booking.
Changes & Cancellations
If you give us less than 24 hours' notice that you wish to change or cancel your appointment, you will be charged the equivalent of 50% of the price of the treatment including VAT (irrespective of whether you have paid in advance or not) to cover our costs of the booking plus a reasonable administrative fee.
Please note that you may cancel the services at any time before the work is carried out but if you notify us of the cancellation after we have arrived on site but before we start work, we will still charge you 75% of the price and if you notify us after we start work, we will charge you the full price. This is to reflect the costs we will have incurred by that time.
We will use reasonable endeavours to meet all agreed appointments, but in the rare circumstances where this is not possible, we will contact you as soon as possible to agree on an alternative appointment. In such cases no refund will be provided, as long as we contact you on the contact number(s) provided before the expiry of this appointment slot. Examples of reasons where a cancellation may be necessary include (without limitation):
- If the technician was running late as held up by previous complicated treatments;
- Adverse weather conditions (as we cannot treat effectively in the rain);
- Sudden operative sickness; or
- Vehicle accident or local traffic difficulties encountered.
If we fail to turn up for your appointment slot and do not contact you on the contact number(s) provided before the expiry of this slot, we will treat this as our service delivery fault and you will be able to choose whether to:
- arrange an alternative slot and receive a 10% discount; or
- cancel our Service and obtain a full refund of any pre-paid fees.
We reserve the right to withdraw from any treatment we have started where we have concerns that continuing any treatment may not be safe, that customers have not adhered to our conditions or requirements or where customers have interfered with or moved our poisons or bait. In such cases no refund will be provided.
We warrant to you that our treatment aims to control the relevant pests subject to critical safety and access factors, all the products we use conform to all statutory requirements, codes of practice, and accepted good practice for pest control work, and the Service will be provided using reasonable care and skill.
If we fail, at any time during the term of a contract or of an individual service visit, to insist upon strict performance of any of your obligations under these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms and conditions, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Our right to vary these terms and conditions
We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order Services from us.
Law and Jurisdiction
Contracts and individual visits and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Maltese Law.
On May 25, 2018 a new landmark privacy law known as the General Data Protection Regulation (GDPR) came into effect. These new regulations apply to all companies processing the personal data of people residing in the European Union (EU).
At Capital Pest Control we are committed to the privacy of our customers and prospects and we have therefore instituted several changes to ensure GDPR compliance. We will continue to send information to you about our services via mail, phone, email and other electronic means. If you are no longer interested in receiving these types of communications from us, it is very easy for us to remove your information from our records. All you need to do is email us on firstname.lastname@example.org or phone us on 21448844 in order to inform us of your wishes.
Collection of Information
In order for us to be able to provide you with a more personalized service we need to know your interests and needs. We are able to do so through asking you questions and writing the answers and any ancillary comments down for future reference.
Collection of Personal Information
We use your registered details to contact you with relevant services. We only collect personal information from you such as name, address, telephone number and email address which you would have provided us with voluntarily by completing registration, enquiry forms, by phoning our offices or by sending emails to us.
Use of Your Information
You agree that we may obtain, hold, correlate, merge and use your information for the following reasons:
- To Personalize our services for you
- To Inform you about the latest changes in our services
- To offer our services to you in the future
- For any purpose required by law, and
- For accounting services.
We reserve the right to access and to disclose your personal information in order for us to be able to comply with applicable laws, and in order to protect ourselves and our customers.
We reserve the right to monitor and keep records of email communications with our customers in accordance with this policy.
For more information on Data Protection please see https://idpc.org.mt/en/Pages/Home.aspx.
Accessing or Changing Your Information
You may inspect your personal details at any time and modify them by sending us an email on email@example.com. You may also let us know if you do not wish to receive information from Capital Pest Control by emailing us on firstname.lastname@example.org or by phoning us on 21448844.