Domestic Pest Control Treatments Standard Terms & Conditions of Service
This page explains the terms and conditions on which we supply pest treatments (the Service) listed on our website www.drkill.co.uk (our Site) to you. Please read these terms and conditions carefully before ordering any Services via our Site. You should understand that by ordering any of our Services, you agree to be bound by these terms and conditions.
1. Information about us
1.1 We operate the website www.drkill.co.uk and trade as DR.KILL. We are Dr. Kill Limited, a private limited company registered in England and Wales, Company No: 9431639 with our registered office at 182 Worcester Road, Bromsgrove, Worcestershire. B61 7AZ. Throughout these terms and conditions "DR.KILL", "we", "us" and "our" shall refer to Dr. Kill Limited and, where appropriate, its employees, agents and consultants.
1.2 Our website is only intended for use by people resident in the United Kingdom. We do not accept orders from individuals outside this area.
2. Your status
2.1 By placing an order with us (whether through our site, over the telephone or by other means), you warrant that you are legally capable of entering into binding contracts, you are at least 18 years old and you are resident in, and accessing our site from, the United Kingdom.
2.2 Throughout these terms and conditions "you" and "your" shall refer to the customer named in the Confirmation.
3. How the contract is formed between you and us
3.1 After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Service. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail, fax or letter that confirms that we have accepted the order (the Confirmation). The contract between us (the Contract) will only be formed when we send you the Confirmation.
3.2 The Contract will relate only to those Services that we have confirmed in the Confirmation. We will not be obliged to supply any other Services which may have been part of your order until it has been confirmed in a separate Confirmation.
3.3 For the purpose of these conditions, the Relevant Pests shall be whichever pests are referred to in the Confirmation. The General Terms together with the terms set out in the relevant schedule hereto shall apply to the Contract:
3.3.1 the terms in Schedule 1 apply to insect spray treatments;
3.3.2 the terms in Schedule 2 apply to clusterfly treatments;
3.3.3 the terms in Schedule 3 apply to cockroach treatments;
3.3.4 the terms in Schedule 4 apply to rodent treatments;
3.3.5 the terms in Schedule 5 apply to wasp nest treatments;
4. Price and payment
4.1 The price of the Service includes VAT when and where applicable and will be as quoted on our site from time to time, except in cases of obvious error. Service prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation.
4.2 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.
4.3 Subject to any contrary terms in this agreement, our Service prices include any re-call(s) that are, in our reasonable opinion, necessary and there may be additional charges for such subsequent visits. Additional charges to be agreed by (client) before treatment.
4.4 Payment for all Services may be made by credit or debit card when the booking is made or in cash or by debit or credit card when our technician arrives on site before treatment commences. Unfortunately we no longer accept payment by cheque.
5. Cancellations and refunds
5.1 Subject to clause 5.2, if you give us at least 24 hours' notice that you wish to change or cancel your appointment, we will refund you in full. If you give us less than 24 hours' notice that you wish to change or cancel your appointment, you will be charged £45.00 including VAT (whether you have paid in advance or not) to cover our costs of the booking plus a reasonable administrative fee.
5.2 If you are contracting as a consumer (as defined in the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (as amended from time to time) and you cancel a booking within fourteen calendar days of receiving the Confirmation but before we begin work on the site, you will be refunded in full as soon as possible and, in any case, within 30 days of the day you gave us notice of cancellation. If you do wish to cancel the booking, please notify DR.KILL in writing.
5.3 Please note that you may cancel the services in accordance with clause 5.2 at any time before the work is finished but if you notify us of the cancellation after we have arrived on site but before we start work, we will 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.
5.4 Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Confirmation. This provision does not affect your other statutory rights as a consumer. 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 an alternative appointment. Examples of reasons where a cancellation may be necessary include (without limitation):
5.4.1 if the technician was running late as held up by previous complicated treatments;
5.4.2 adverse weather conditions (as we cannot treat effectively in the rain);
5.4.3 sudden operative sickness; or
5.4.4 vehicle accident or local traffic difficulties encountered.
5.5 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:
5.5.1 arrange an alternative slot and receive a 25% discount; or
5.5.2 cancel our Service and obtain a full refund of any pre-paid fees.
5.6 We will usually refund any money received from you using the same method originally used by you to pay for your purchase. (within 30 days)
5.7 If you are not present when we arrive on site, provided that this is within the agreed appointment slot, we shall treat the Contract as cancelled by you under clause 5.1, unless we have agreed in advance that you do not need to be present at that time.
5.8 If we have legitimate concerns over the safety of the treatment, where the husbandry is such that the treatment could be compromised or where we believe our safety rules may not be adhered to (and such decision shall be at our absolute discretion), then we shall treat the Contract as cancelled by us. There will be no charge for our visit and if any amount has been paid in advance, we shall refund it in full. Reasons for non-treatment include (without limitation):
5.8.1 risk to aquatic life from contamination by application of insecticides;
5.8.2 un-boarded lofts which are deemed unsafe to negotiate;
5.8.3 uncovered water tanks near the habitat;
5.8.4 habitat located in chimney;
5.8.5 habitat entrance located on high roofs with no loft access that require multi stage ladders;
5.8.6 sites which cannot be safely treated by our technician, such as power lines close by or above a conservatory; or
5.8.7 any other legitimate relevant health and safety restriction.
5.9 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 non refund will be provided.
6. Your obligations
6.1 You hereby permit us to apply approved pesticides and or deploy equipment as we deem necessary, to deliver an effective treatment, subject to our compliance with all legal requirements.
6.2 You agree to provide us with free access to all parts of the premises for the purpose of inspection, treatment or surveillance and agree to ensure that all safety and treatment instructions are followed during and post treatment.
6.3 You hereby covenant not to request or permit us to access any part of the site or premises which you know or suspect to be hazardous, or in which a potentially hazardous process is carried out, without first briefing us or our employee on the nature of the hazard and the precautions to be observed.
6.4 You or your nominated representative must be available at the site during the agreed date and time slot, unless prior arrangements have been made in advance for us to carry out the Service in your absence. If no one is present when we call at the agreed slot there is no entitlement to a refund and you will still be liable for our contracted fee.
7. Our obligations
7.1 Subject to paragraph 1 of the relevant Schedule, our Service is to attend your site or property, inspect the relevant area and treat the active habitat of the Relevant Pests you have identified. We will aim to either eradicate the pests or control them, depending on the type of pest, location and safety issues.
7.2 On arrival at your premises, we will identify ourselves to you, and will not commence any work without your consent. Where the premises consist of land or buildings which are unoccupied but are owned by you or under your stewardship, and which have free access, you hereby give us permission to enter onto the premises on arrival and to carry out the Service.
7.3 Critical safety data information advising of the materials used and any precautions that are required will be left with you or can be obtained from DR.KILL. It is a requirement of the Health and Safety at Work etc Act 1974 and the Control of Pesticides Regulations 1986 that the customer undertakes to read this information, to comply with it, and to keep the information on their premises for ready reference in case of any accident or emergency.
8.1 We warrant to you that our treatment aims to eradicate 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.
9. LIMITATION OF OUR LIABILITY - PLEASE READ:
9.1 Subject to clause 9.4, if we fail to comply with these terms and conditions, we shall only be liable to you for the price paid (if any) for the Service.
9.2 Subject to clause 9.4, we will not be liable for consequential or indirect loss or damage caused from the treatment (or omission to treat the habitat), damage caused by the Relevant Pests, or losses that result from our failure to comply with these terms and conditions that fall into the following categories: loss of income or revenue, loss of business, loss of opportunity, loss of profits, loss of anticipated savings loss of data or waste of management or office time. However, this clause 9.2 will not prevent claims for loss of or damage to your tangible property that is foreseeable and due to our negligence.
9.3 If we believe that it would be unsafe to carry out the treatment, in accordance with clause 5.8 or clause 5.9, we shall not be liable for any consequential loss, whether direct or indirect, including the costs of paying an alternative contractor.
9.4 Nothing in these conditions excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, any breach of the obligations implied by section 2 of the Supply of Goods and Services Act 1982 or any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
10.1 We aim to provide an excellent service to everyone, but we understand that we do not always get things right. If you have a concern or complaint, please raise this with a DR.KILL customer services agent by calling 0800 652 2551
10.2 If you are unsatisfied with the response or do not feel that an adequate solution has been obtained, please email at email@example.com. It would be useful if you set out full details of how you feel we have failed to deliver the services to a satisfactory standard or failed to meet your expectations. Your concerns will then be investigated and the outcome of the investigation will be explained to you by telephone, where feasible within 21 working days of receipt of the complaint.
10.3 In the event that you do not believe that the outcome is satisfactory, please ask for it to be referred to a director.
10.4 You may also refer a complaint to Trading Standards (www.tradingstandards.gov.uk), the British Pest Control Association (www.bpca.org.uk) or the relevant local authority, but we recommend that this is only done once you have exhausted the above process with us first.
10.5 A full copy of our Complaints Procedure is available on request.
11. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be emailed to firstname.lastname@example.org We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
13. Transfer of rights and obligations
The contract between you and us is binding on you and us and on our respective successors and assignees. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, 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 in accordance with clause 13 above.
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.
16. Entire agreement
16.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
16.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, 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 in respect of those representations and warranties that are set out in this Agreement will be for breach of contract.
16.3 Nothing in this clause limits or excludes any liability for fraud.
17. 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, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority, or if we notify you of the change to those policies or these terms and conditions before we send you the Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Services).
18. Law and jurisdiction
Contracts for the purchase of the Service through our site 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 English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.
Schedule 1: Terms Specific to Insect Spray Treatments
1. Our Service is to attend your premises, inspect the relevant area and treat the active insect habitat with the intention of eradicating the insects.
2. The price of the Service is for treating a two bedroom residential house, living room, kitchen and bathroom occupied by one family. An additional fee will be charged for each additional room or car that requires treatment or if the premises is occupied by more than one family.
3. Before your agreed appointment time, we require you to carry out the following preparatory work throughout the whole premises:
a. Cover and seal up any fish tanks.
b. All beds should be stripped of all blankets, duvets and all clothing and soft items removed from cupboards and wardrobes and placed sealed in plastic bags. These articles must then be laundered at over 60 degrees prior to re-use.
c. All furniture such as wardrobes and cupboards must be emptied and moved back from the wall to enable spraying, all drawers or doors must be unlocked and open.
d. All floors and areas to be treated must be clear of any items with carpets vacumed , including behind furniture that has been moved ready for treatment.
e. For fleas ensure any domestic pets have been examined and if necessary treated for fleas by a vet.
4. On arrival at the premises, we shall determine, at our absolute discretion, whether the premises has been sufficiently prepared in accordance with in paragraph 3 above.
a. If we determine that it has been well prepared, we shall treat it in accordance with the terms of this agreement.
b. If we determine that it has been reasonably prepared, we shall treat it but clause 4.3 shall not apply and you will be charged for any additional visits, as the treatment will be compromised. Alternatively, you could choose to re-book the appointment at no extra cost (provided that this is the first time the treatment is re-booked; otherwise we will charge you for the visit).
c. If we determine that it has not been reasonably prepared, we shall refuse to treat it. In this event, we will offer you the opportunity to book an alternative appointment at no extra cost.
5. You must advise us on arrival and before any treatment is commenced if there is any reason why the property cannot be sprayed with an approved insecticide.
6. The insecticide may damage furniture or personal possessions.
Schedule 2: Terms Specific to Clusterfly Treatments
1. Our Service is to attend your premises, inspect the relevant area and treat the active clusterfly habitat with insecticide with the intention of controlling the problem. This may not eradicate the clusterflies.
2. The price includes one treatment only and clause 4.3 shall not apply to clusterfly treatments.
Schedule 3: Terms Specific to Cockroach Treatments
1. Our Service is to attend your premises, inspect the relevant area and treat the active cockroach habitat with the intention of eradicating the cockroaches.
2. The price of the Service is for carrying out staged treatments on three separate visits. If any additional treatments are required, additional payments will be due.
3. Before your agreed appointment time, we require you to carry out the following preparatory work:
a. All areas to be treated to be cleaned and any debris or loose items removed to give clear access to all floors and surfaces to be treated.
b. All foodstuffs spillage to be removed prior to treatment and where ever possible food in sealed containers.
c. Husbandry requirements to be adhered to.
4. FOR YOUR OWN SAFETY, you must not move or touch any gel bait or monitor traps.
5. We shall use reasonable endeavours to eliminate the cockroaches but if this is not achievable with the three pre-paid visits, we shall seek to control them instead. For example, if the core infestation is emanating from another property (including another flat within the same building), we will seek to control the cockroaches as we will be unable to eliminate them.
Schedule 4: Terms Specific to Rodent Treatments
1. Our Service is to attend your premises, inspect the relevant area and treat the active rodent habitat with the intention of controlling the pest. If it is, in our opinion, appropriate to try to eradicate the pest, we shall do so, but this is often inappropriate and depends on many factors including the location and proximity to other people's property.
2. The price of the Service is for treating a single domestic property (including the immediate gardens and grounds) occupied by one family. An additional fee will be charged if the premises is occupied by more than one family, additional treatments are needed or if any treatments are required in outbuildings, stables or land where domestic pets or livestock are present. However in some situations, due to the safety of the livestock, treatments within these additional areas may not be appropriate and we reserve the right to refuse to treat them. If the price has been pre-paid and we refuse to treat the area, or you decide not to make the additional payment, the amount pre-paid shall be returned to you without charge.
3. The price will depend on which type of pests you wish us to treat. We will only treat squirrels that are inside the premises.
4. Clause 4.3 shall apply to the extent that we, at our absolute discretion, determine necessary, up to a maximum of three visits. In some situations, a single treatment is sufficient and in other cases two or three are needed.
5. Before the first visit and until the final visit, you hereby agree:
a. not to move any poisons or tamper with equipment / bait stations;
b. not to interfere with our treatment in any way, or try to treat the rodents yourself or allow anyone else to do so;
c. to comply with all the instructions we provide (whether in writing or not) including those in relation to tidying the premises and maintaining it in a clean and tidy condition;
d. to remove any bird feeders and rectify any defects in the structure of any compost heaps,
and you acknowledge that if you fail to comply with any of these requirements, we shall be entitled to stop the treatment, as it will be compromised, and you will still be charged.
6. In compliance with animal welfare requirements, on occasions where humane traps are used in any rodent treatment, you hereby agree to inspect each trap at least twice daily and in the event that a rodent has been caught and has not been killed outright, you must contact DR.KILL immediately on 0800 652 2551.
7. Where there is evidence of infestations emanating from private or public sewers or from breaches in soil drains we may require you to obtain specialised inspections or works. We cannot inspect or treat utility company sewers.
8. We will inspect the infected areas and we will treat it if, in our reasonable opinion, it is necessary, practical and safe to do so by installing appropriate traps.
9. The Service does not include the removal of any dead rodent carcases and we shall not accept any liability for not doing so.
10. We will not create openings or interfere with the structure of your property when treating it is your responsibility to ensure we have suitable access to areas where treatment is required.
11. We may mention a few ways to help reduce the risk of the pests coming back, for which there shall be no additional fee. However, this is not included within the price, we shall not be under any obligation to provide such advice and we shall not accept any responsibility for any such advice we give.
12. We are legally obliged to remove all rodenticides laid at your property when our treatment ends for whatever reason. You shall ensure that we have free access to do this.
13. The service is to treat a single domestic property in single family occupancy and where mice and rats are encountered the appropriate fee for each species will be required.
Schedule 5: Terms Specific to Wasps Nest Treatments
1. Our Service is to attend your premises, inspect the relevant area and treat the active wasps nest with the intention of eradicating the wasps. This does not include removing the nest, which in most cases is unnecessary and impractical.
2. If we inspect the area you identify but do not find an active wasps nest (whether there is no active nest or the relevant insects are another species, such as bees), we will not treat the area and you will still be charged. The time taken to inspect the area is often longer than the time taken to treat a nest.
3. Should any wasp nest treated remain active 3 days after original treatment we will revisit the premises to treat that specific nest in accordance with clause 4.3. However, if on the return visit, we discover that the identified nest is a different nest to the one originally treated, you shall be charged for a separate treatment.
4. If you require us to treat more than one nest during the same visit, treatment of the first nest shall be charged at full price and all the others at half price.