Terms and Conditions (Version 1.0)

The below terms (together with the documents referred to on it) lay out the terms and conditions on which TB Global Ltd, trading as Defender Pest Control (“Defender Pest Control”) supply pest treatments (the “Services”). We issue a confirmation per piece of work and with any service agreement. These terms and conditions are expressly and specifically incorporated into any Pest Control Service Agreement (the “Agreement”) between you and Defender Pest Control.

Please read these terms and conditions carefully before requesting our services. You should understand that by ordering any of our services you agree to the below terms and conditions. Agreement to these term and conditions must be made prior to work/ services being carried out.

For reference when reading the document “We”, “Our”, “Us” or “Defender Pest Control” are used to refer to Defender Pest Control, and “you”, “your” and “yours”  is used to refer to the client.

1.      Our Pest Control Service

Our pest control services are carried out in a professional manner at the agreed visit/visits. Our technicians will apply and use pesticides/ rodenticides and other monitoring devices as they deem necessary on each visit. Any infestation covered by the agreement and discovered during the visit will be treated immediately.

Our technician will report to the site contact on each visit and provide a visit report on their findings, treatments and recommendations made during their visit. The report will be emailed to the client immediately after the initial inspection and after all agreed follow up visits.

All additional visits and treatments to control the pests specified on the agreement will be carried out to a pre agreed schedule and pricing.

These terms and conditions cover both commercial and domestic services. Domestic services are usually assessed on a case- by-case basis. Whereas commercial clients will require a contract of works to ensure suitable ongoing preventative pest control services for their place of work/business.

2.      Payments

The client will make payments to Defender Pest Control as agreed in the quotation or service agreement.

For one off treatments payment must be made on the first visit. For contract and account customers payments must be made within 14 days of receipt of the invoice.

The fees for the Services  (the “Fees”) shall be as set out in the Agreement and shall remain unchanged throughout the term of the Agreement. Any future fees for future agreements between you and Defender Pest Control may be different from the Fees and subject to any future assessment by Defender Pest Control.

All Fees shall be payable by credit or debit card, cash (to Defender Pest Control’s technician during a Service session), BACS, or cheque. However, cheques are only accepted if  they are guaranteed.

Defender Pest Control shall charge a call-out fee of £45+vat. The call-out fee is waived if the technician is able to locate and treat the pest  infestation, in circumstances where Defender Pest Control our unable to locate a pest issue the call out fee will be charged. If Defender Pest Control arrive at the site and our unable to carry out the works/ services due to issues on the client’s behalf the call out fee will be charged, and a new appointment agreed. Examples of issues on the client’s behalf include (without limitation):

• The client failing to arrive on site during the agreed visit time. Or the client failing to provide a designated other to make the site accessible for our
• The site has not been adequately prepared for the treatment as detailed by the technician prior to the appointment.
• The client not adhering to the safety policies surrounding the treatments, e.g., interfering or relocating the poisons or bait.

If the works/services require multiple treatments or follow up visits the payment will be expected from the final visit’s completion date. The 14-day payment window may be waived at Defender Pest Control’s discretion in pre agreement with the client.

3.      Liability

Defender Pest Control does not accept any liability for loss or damage to any goods or equipment during their visit/ visits. Any acts of gross negligence on the behalf of Defender Pest Control, however, will be dealt with accordingly.

Notices of such loss, damage or any injuries arising from works carried out by Defender Pest Control must be notified in writing to info@defenderpest.co.uk or alternatively sent to the office for Defender Pest Control (25 Old Greasby Road Upton Wirral CH49 6NS) within 7 days of there occurrence.

4.      Limitation Of Our Liability

DEFENDER PEST CONTROL DOES NOT ACCEPT ANY LIABILITY FOR LOSS OR DAMAGE TO ANY PREMISES, GOODS OR EQUIPMENT DURING THE PROVISION OF THE SERVICES, EXCEPT AS CAUSED BY DEFENDER PEST CONTROL’S WILFUL DEFAULT, GROSS NEGLIGENCE OR BAD FAITH.

Notices of such loss, damage or any injuries arising from the Services must be notified in writing to info@defenderpest.co.uk or alternatively sent to the office for Defender Pest Control (25 Old Greasby Road Upton Wirral CH49 6NS) within 7 days of their occurrence.

ANY LIABILITY OF DEFENDER PEST CONTROL ARISING UNDER ITS AGREEMENT WITH THE CLIENT SHALL BE LIMITED TO THE AMOUNT OF THE FEES AGREED UNDER THE AGREEMENT.

NOTWITHSTANDING ANYTHING TO THE CONTRARY ELSEWHERE IN THE AGREEMENT, UNDER NO CIRCUMSTANCES WILL THE BUSINESS BE LIABLE TO THE CLIENT FOR ANY CONSEQUENTIAL LOSS (BEING LOSS OF BUSINESS, GOODWILL, OPPORTUNITY OR PROFIT), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH CONSEQUENTIAL LOSS.

Nothing in these conditions excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

5.      Termination

The Agreement may be terminated by Defender Pest Control at will if the client is in breach of any of the agreed terms in the Agreement and these terms and conditions.

Defender Pest Control shall have the ability to terminate this agreement at any time if the client goes into bankruptcy, liquidation, insolvency, or any other similar laws of general application.

The Agreement can be cancelled at any time by either party, by giving 30 days written notice to the other party with no extra cost. In the event the Customer breaches any of the terms, representations and/or warranties under the Agreement, or is uncooperative with Defender Pest Control’s technicians (including but not limited to by refusing to adhere to such technicians’ recommendations as outlined on visit reports), Defender Pest Control reserves the right to terminate the Agreement immediately by written notice. 

The representations, warranties, indemnities, and the client’s obligations to pay the fees under the Agreement and these terms and conditions (including any fees for Services not yet completed) under this Agreement shall continue in full force and effect after the termination of this Agreement.

Upon termination of the Agreement, the Defender Pest Control shall cease the provision of the Services, or any of the Services as may be specified in the notice, invoice the client for the outstanding payments under the Agreement. Upon termination of the Agreement, the Customer shall promptly pay Defender Pest Control any sums due to it before the termination as specified in the invoice submitted to the client upon termination (and in no case later than 3 calendar days after receiving such invoice).

6.      Scope

The Service shall only include the services that are agreed in the Agreement. Defender Pest Control are not obliged to supply any other services not agreed in the Agreement. For any other additional works/ services a separate quote and Agreement will be created.

7.      Cancellations and Refunds

The client shall have the right to cancel the purchase of any Services with no less than 24 hours’ notice, provided that none of the Services (including any initial visits or consultations) have commenced. A refund for any fees paid pursuant to cancelled Services will be issued via the same method the payment was made. If you wish to reschedule any appointment or session of Services, this will be free as long as there is at least 6 hours’ notice. Where the client attempts to reschedule an appointment or session of Services with less than 6 hours’ notice, Defender Pest Control reserves the right to charge a reasonable fee to cover the costs of such rescheduling.

If Defender Pest Control have concerns over the safety of the premises or the treatment necessary, or we believe the safety rules cannot be adhered to, we shall cancel all outstanding Services and refund the client for the cancelled Services in full. These decisions will be made at our discretion, but may include issues such as:

• Un-boarded loft spaces.
• Pest infestations located on high roofs which are unsafe and
• Risks to aquatic life from the insecticide/
• Pest infestations located in
• Uncovered water tanks near the infestation.

If we believe that it would be unsafe to carry out the treatment, and cancel the contract we shall not be liable for any consequential loss, whether direct or indirect, including the costs of paying an alternative contractor.

Defender Pest Control will always use reasonable endeavors 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 an alternative day and time. Examples of reasons why a cancellation may be required on Defender Pest Control’s behalf include:

• If a technician is running late due to unforeseen circumstances at a previous work/
• Adverse weather conditions which would inhibit the success of the treatment.
• Staff illness/ shortages of
• Vehicle issues and or traffic issues.

8.      Client Obligations

The client agrees to ensure the premises is suitable for a Defender Pest Control technician to undertake the work. Any pre visit tasks outlined in the confirmation documents should be undertaken by the client prior to the technician arriving on site.

The client agrees to Defender Pest Control applying approved pesticides, rodenticides, and specialist equipment at their site to ensure effective treatment of agreed pests.

The client agrees to provide free and safe access to all areas of the premises. Any areas of the premises which the client suspects or knows to be hazardous must be discussed and made known to the designated technician to ensure health and safety protocols are adhered to.

The client must be available at the site at the agreed appointment slot, or a designated other to ensure the work can be carried out.

The client must adhere to all advice and recommendations made by the technician to ensure a prompt, effective, and efficient solution to their pest problem. If recommendations are advised prior to the technicians next follow up visit we appreciate that these are made in the designated time slot.

The client agrees to make the payment within the agreed timeslot.

9.      Defender Pest Control Obligations

We agree to attend your site or property and inspect the relevant and extending areas to locate and treat the pest infestations agreed on our initial agreement. We aim to either eradicate or control the identified pests, depending on the type of pest, location, and any safety issues.

We will always identify ourselves when we arrive at the site and will not commence any work until we have your consent and approval.

We will provide any relevant critical data information that details and advises on the materials we have used on your site to control and eradicate the pest infestation. All critical data information sheets can be obtained from our website. Under the Health and Safety at Work Act (1974) and the Control of Pesticides Regulations (1986) it is required that the client reads this information, complies with this information, and keeps this information on site ready to use as references in any cases of accident or emergency.

10.   Additional Terms

• Terms Specific to Insect Spray Treatments

Defender Pest Control will attend the site, inspect all areas, and treat the insect infestation and habitat to eradicate the pests. We offer spray treatments for ants, bed bugs, beetles, dust mites, flies, fleas, moths, spiders, and silverfish.

For domestic and commercial properties, the pricing for a spray treatment is based upon the square footage of the site/area and the type of pest.

Prior to the technician attending the site we require the client to carry out some preparation work to enable the infestation to be treated promptly and efficiently. The following steps will be discussed during the initial confirmation of work but are detailed below for client reference.

• Fish tanks must be sealed and covered
• All floors and areas requiring treatment must be clear of any items and carpets vacuumed (this includes behind any furniture that has been moved).
• Where possible furniture such as wardrobes and cupboards should be moved away from the wall to enable In instances where this is not possible e.g., client age, or health issues, Defender Pest Control will be more than happy to assist.
• The client is required to protect their possessions, insecticide can cause lasting damage to furniture and
• For bed bugs- all beds must be stripped of blankets and duvets, all clothing and soft items removed from wardrobes and placed in sealed After treatment these items must be laundered at over 60 degrees prior to re-use.
• For fleas- any domestic pets must be examined and treated before spray treatment can

Work will only commence if the technician determines that the site has been sufficiently prepared in accordance with the above. The decision will be made at the technician’s discretion, and should they deem the site not sufficiently prepared the appointment will be cancelled and rescheduled.

The client must inform Defender Pest Control prior to their arrival if there is any reason why the site cannot be sprayed with insecticide.

By agreeing to and acknowledging the above the client understands that Defender Pest Control do not accept any liability for any loss or damage caused, as a result of the use of insecticide.

The client must leave the site during treatment and remain away from the site for at least 4 hours. This is to enable the insecticide to dry and avoid any inhalation from the spray mist, if the client enters the property before the 4 hours has passed the treatment will be compromised.

After the 4 hour window has passed and the client re-enters the property the treated areas must be used as they were before for at least 14 days. By doing this it creates a natural, known environment for the insects to inhabit and feed on allowing the treatment to work and eradicate the pests.

The client must not wash down or vacuum any non-food preparation surfaces for a period of 2 weeks after the second treatment has been carried out.

It is important to note that pests may still be seen around the treated areas for up to 14 days after the final treatment. If 14 days has elapsed and pests are still present Defender Pest Control will attend the site for further inspection.

Defender Pest Control reserve the right to decline to carry out the treatment if the site is deemed unsafe.

11.2    Terms Specific to Fly Treatments

Defender Pest Control will attend the site, locate the active pest site, and treat the habitat using insecticide. The aim is to control the problem, which in turn may not completely eradicate the flies. The technician will offer proofing methods and further recommendations to stop any further future infestations. The price includes one treatment only.

11.3    Terms Specific to Cockroach Treatments

Defender Pest Control will attend the site, inspect relevant areas, and treat the active cockroach site with the aim of eradicating the infestation. The service will be carried out by 3 separate treatments arranged by the technician after the initial visit.

Prior to the technician attending the site we require the client to carry out some preparation work to enable the infestation to be treated promptly and efficiently. The following steps will be discussed during the initial confirmation of work but are detailed below for client reference.

• All areas requiring treatment should be cleaned and any debris or loose items must be removed, this will allow clear access for all floors and surfaces to allow the most effective treatment.
• Any food spillages must be removed and cleaned prior to arrival, and all food where possible must be in sealed

It is important that the client does not move or touch any of the bait or monitor traps for the duration of the 3 stage treatment.

Defender Pest Control will aim to eradicate the cockroach infestation, but where this has not been possible during the 3 staged visit, we will attempt to control them instead.

11.4    Terms Specific to Rodent Treatments

Defender Pest Control will attend the site, inspect relevant areas, and treat the active rodent site with the aim of controlling the infestation. The service will be carried out by 3 separate treatments arranged by the technician after the initial visit.

For domestic and commercial properties, the pricing for rodent treatment is based upon the square footage of the site/area and the type of pest, we will only treat squirrels that are inside a property. If treatments are required in outbuildings, land, or stables where domestic pets or livestock are present it may not be appropriate to treat these areas. This is due to health and safety risks that would arise for the livestock and domestic pets, the technician will make this decision at their discretion and a refund will be made if necessary.

The client agrees that during the 3 part treatment they will:

• Not move any poisons and tamper with any equipment or bait stations.
• Not interfere with the treatment during any of the stages, attempt to treat the rodents themselves or allow others to do so.
• To adhere to any instructions or recommendations made by the designated This includes any tidying or maintenance that is required at the site to keep the site clean.
• To remove any bird feeders and correct any shortcomings in the structure of compost heaps.

If the client fails to comply with any of the above, Defender Pest Control reserve the right to stop the treatment due to the compromises that would be incurred.

In cases where there is evidence that the infestation originates from private or public sewers or from breaches in soil drains, we may require the client to initiate specialised inspections. Unfortunately, we cannot inspect or provide treatment for utility company sewers.

Defender Pest Control will use appropriate traps and rodenticides to treat any rodent infestation. The service does not include the disposal and removal of any dead rodent carcasses, but we can arrange this on requirement. Defender Pest Control does not accept any liability for not removing or disposing of the above.

The client must ensure that Defender Pest Control have free access to the site to ensure the safe removal of any rodenticides laid at the property after the treatment has concluded.

11.5    Terms Specific to Wasp Nest Treatment

Defender Pest Control will attend the site, inspect relevant areas, and treat the active wasp site with the aim of eradicating the infestation. Part of the service includes removal of the wasp nest, however in certain situations this is unnecessary and impractical.

If a technician attends the site and they are not able to locate and find an active wasp nest, the area will not be treated and the call-out fee will be charged.

If a wasp nest is treated but unable to be removed and remains active 3 days after the treatment Defender Pest Control will re attend the site and re-treat the specific nest at no extra cost. If, however upon inspection a new nest is discovered the client will be charged for a separate treatment at a discounted price.

If the client requires more than one nest treating during the visit, treatment of the first nest shall be charged at full price and a discount applied to any further nests at the technician’s discretion.

The client should understand that nest/s can remain active for up to 48 hours after treatment. In line with this it is important that any windows and doors in close proximity to the treated area remain closed, and any children or pets should be kept away from the treated nest and area.

11.   Privacy Policy

Defender Pest Control is the data controller for the purpose of the UK GDPR. By using our services, you consent that we may process your personal data. We may use the information you provide for the purposes of billing, and marketing purposes.

12.    Force Majeure

Force Majeure shall not include any event caused by the negligence or intentional action of a Party or such Party’s subcontractors or agents or employees or by a failure to observe good professional practice.

Force Majeure shall not include insufficiency of funds or failure to make any payment required hereunder.

The failure of a Party to fulfill any of its obligations hereunder shall not be considered to be a breach of or default under this Agreement insofar as such inability arises from an event of Force Majeure, provided that the Party affected by such an event has taken all reasonable precautions, due care, and reasonable alternative measures, all intending to carry out the terms of this Agreement.

A Party affected by an event of Force Majeure shall take all reasonable measures to remove such Party’s inability to fulfill its obligations hereunder with a minimum of delay. The Parties shall take all reasonable measures to minimize the consequence of any event of Force Majeure.

A Party affected by an event of Force Majeure shall notify in writing the other Party of such event as soon as possible, and in any event not later than five (5) days following the occurrence of such event, providing evidence of the nature and cause of such event, and shall similarly give notice of the restoration of normal conditions as soon as possible.

Not later than fourteen (14) days after the Contractor, as a result of an event of Force Majeure, has become unable to discharge a material portion of its obligations, the Parties shall consult with each other to agree on appropriate measures to be taken in the circumstances. If no such agreement can be reached, either Party may terminate this Agreement with written notice.

13.    Complaints

We endeavor to provide an excellent and guaranteed service, but we understand that sometimes this may not be the case. Should you have any complaints please raise this with Defender Pest Control instantly so we can begin to rectify any issues. We will investigate any issues and aim to rectify your concerns within 14 days of a complaint.

14.   Written Communications

When using Defender Pest Control, you accept that any communication between our party and yours will be mainly electronic. We can provide written communication if required or preferred by making your designated technician aware.

15.    Waiver

If we fail to insist on strict performance of any of your obligations under the Contract or any of these terms and conditions at any time during the term of the Contract, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not be construed as a waiver of those rights or remedies, and you will remain responsible for those obligations. A waiver of one default by us does not imply a waiver of subsequent defaults. No waiver by us of any of these terms and conditions will be valid unless it is specifically stated as such and disclosed to you in writing in accordance with clause.

16.    Notices

All notices sent to Defender Pest Control must be sent to info@defenderpest.co.uk or to the Defender Pest Control office (25 Old Greasby Road Upton Wirral CH49 6NS). We may send notification to you via e-mail or postal mail at the address you indicate when requesting services. Notice is presumed received and duly served immediately after an email is sent, or                     days after a letter is mailed. It will enough to show that, in the case of a letter, the letter was correctly addressed, stamped, and placed in the mail, and that, in the case of an e-mail, the e-mail was sent to the addressee’s given e-mail address in order to prove service.

17.    Transfers of Rights and Obligations

Once the contract between Defender Pest Control and you, the client, has been formed it is also binding between any respective successors and assignees. The client must not transfer, assign, charge or dispose of the contract without any prior written consent. Defender Pest Control may transfer, assign, charge, subcontract and dispose of this contract at any time during the agreement.

18.    Variations to these Terms and Conditions

Defender Pest Control reserve the right to revise and or amend these terms and conditions during any period. The client will be subject to the terms and conditions in place at the time that they order the services from Defender Pest Control in line with the signed confirmation and contract. If the law requires any change to policies, we will notify the client immediately and arrange a new contract and confirmation for the client to sign.

19.    Law and jurisdiction

This Agreement and these Terms and Conditions for the purchase of the Service through our site, as well as any disagreement or claim arising out of or related to them, their subject matter or formation (including non-contractual disputes or claims), will be governed by laws of England. The English courts will have exclusive jurisdiction over any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims).

20.    Entire agreement

All previous conversations, communications, negotiations, previous arrangement, understanding, or agreement between us relating to the subject matter of the Agreement are superseded by these terms and conditions and any document specifically referred to in them.

We both understand that in entering into the Agreement, neither of us relies on, and neither of us will have any remedies based on, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them. Each of us agrees that our only liability under this Agreement’s representations and warranties shall be for breach of contract.

This paragraph does not limit or eliminate any liability for fraud.