SERVICES. Magna agrees to perform the described services in the Service Addendum(s) at the service address of the Client, which you have received a copy of via email. 

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MAGNA GUARANTEE. Magna guarantees all of its services, with the length of the guarantee varying depending on the plan chosen, as defined in the specific Service Addendum. For recurring services,  defined guarantee remains active for ongoing protection as long as the service remains active and your payments remain current. For specialized or non-recurring one-time treatments, the guarantee period ranges from 14 to 45 days, depending on the specific treatment and as defined in that treatment’s Service Addendum, so long as you have paid Magna in full for your one-time treatment. For details on your specific guarantee, please refer to your Service Addendum or Service Details, accessible through the customer portal or via email. If you require interior treatment for your home, you must be present, inform the Magna Pest Expert at the confirmed appointment time, and provide access at the confirmed appointment time. Failure to do so will result in a $99 fee for an additional service visit should you want us to come back out and service the interior.

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SERVICE TERM: The term for all recurring services, including PPP, Seasonal, and any annual additional prevention plans, will commence on the date you agree to this Agreement by acknowledging acceptance (the "Commencement Date"). Your Service Addendum will outline the length of the Agreement(the "First Term") and the plan will automatically renew for the same period as the First Term ("Additional Term") 30 days before the end of the First Term. Price adjustments, as outlined in Section 4, will apply on the anniversary date of each renewal. Either party may terminate the agreement by providing 60 days' written notice before the end of the current term (for 12-month plans) or 30 days' notice (for any protection plans shorter than 12 months). For Clients acquired via door-to-door (D2D) or other offline channels, there is a three-day window to cancel the recurring agreement after signing, before the agreement takes effect. This cancellation window does not apply to Clients acquired through ecommerce, digital, or online channels. For customers acquired from D2D, if Magna performs the Initial service within the three-day period, the Former Client is required to pay the full "Non-discounted Initial Fee" of $149 within 24 hours. If the Client has already paid a discounted initial service fee, they must pay the remaining balance up to the non-discounted initial fee within 24 hours. Non-Recurring:  The term for Specialized or One-Time Treatment services commences on the date Magna receives the signed Agreement from the Client (the "Commencement Date"). For these non-recurring services, the agreement is fulfilled upon completion of the specified treatment outlined in the service agreement. In cases where non-recurring services require multiple visits for complete eradication (e.g., certain pest infestations like German Roaches or Bed Bugs), these additional visits will be conducted as part of the  service at no extra charge. Once the Initial or one time service has been performed, the Client is fully liable for payment due within 24 hours. There is no option for cancellation or refunds after the Service has been completed. 

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CONSIDERATION/ PAYMENT / PRICE ADJUSTMENTS for any recurring protection service: In consideration for Magna's services, Client agrees to pay $149 plus applicable taxes  for the Initial service upon completion, and beginning thirty days after the date this Agreement is executed, Client agrees to pay Magna $49 plus applicable taxes each month thereafter. The RecurringCharge will be subject to an upward price adjustment of 3% per twelve-month period. A valid credit card or bank account MUST be on file at all times for auto-pay each month to avoid a $5 manual processing fee. Any amounts past due will be charged a service and facilities fee of 2% per 30 calendar days late, prorated. For Non-Recurring services: In consideration for Magna’s services Client agrees to pay Magna  plus applicable taxes in full at the completion of the service. 

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EMPLOYEES. The Parties acknowledge that the relationship between Client and Magna is that of an independent contractor and Client, and Magna alone has exclusive control and supervision of its staff, employees and subcontractors. Nothing herein shall be construed to mean that Magna or any of its staff, employees or subcontractors are agents, employees or representatives of Client.

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INDEMNIFICATION/LIABILITY: Magna is an independent contractor, and the Client assumes no liability for injury to Magna or Magna’s agents or employees, unless such injury is caused by the Client, the Client's agents, or Client’semployees. It is further understood that Magna is not liable for any damage of any kind that is not caused by Magna, its agents, or employees, and Magna shall not be responsible for any damages other than direct damages. This exclusion includes, without limitation, incidental, consequential, special, and punitive damages. By acknowledging this Agreement, the Client understands and agrees that the services/treatments involve EPA-approved substances, carefully selected for their effectiveness in eliminating pests. While safe when used as directed, it is important to exercise caution, especially around food, pets, and humans. The Client agrees to fully indemnify and hold completely harmless Magna, its agents, employees, subsidiaries, partners, and any other related person or entity for anything associated with the services, especially as it relates to the harmfulness of the chemicals Magna sprays and distributes. This indemnification includes a full waiver by the Client or anyone associated with the Client of any attempt to recover incidental, consequential, special, and punitive damages, and this clause shall survive the expiration or termination of this agreement. Magna explicitly does not cover any charges related to affected pets, including vet visits, treatments, etc. Client hereby releases Magna of any and all liability associated with pet affection.  

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EVENTS OF DEFAULT/CANCELLATION: Premium Pest Protection “PPP”: Client shall be considered in default if Client does not meet its payment obligations or violates any term of this Agreement. Magna will attempt to charge Client up to three times before Client shall be considered in default and owe: (1) the outstanding invoice balances, (2)  plus $250 plus applicable taxes plus  (3) any fees incurred by Magna in the collection of such monies for such default. For the purposes of collections, each service shall be equivalent to three months of invoices (i.e. if a Client is set to receive services on September 10, the invoices for September, October, and November are the consideration for such services). Magna shall not be considered in default and shall not forfeit any monies described in this clause for not performing up to one service due to an outstanding balance being owed to Magna by Client. If a Client wishes to cancel before the First Term or any Additional Term, Client may do so for a fee of $250 plus applicable taxes (“Cancellation Fee”). The ONLY exception to a Cancellation Fee shall be if Client moves outside of Magna’s service area (as shown on www.MagnaPest.com/contact) and shows proof of moving. If Client moves within Magna’s service area, Client shall re-establish service with Magna under the same Agreement just with an address change to avoid the Cancellation Fee. Whereas for Clients in other recurring service plans (except PPP): Client expressly agrees and authorizes Magna to charge a Cancellation Fee of $250 plus applicable taxes plus any fees incurred by Magna in the collection of such monies. Magna shall only be considered in default if it fails to perform a Service within one month of the scheduled service unless Client asked Magna to change the service month. The defaulting Party shall have 5 Days from the date of notice to cure and rectify any non-performance or non-compliance. Upon the correction of any non-performance or non-compliance by the defaulting Party, the Agreement shall continue for the duration of the First Term or Additional Term. In the event that the defaulting Party fails to correct any non-performance or non-compliance issue within the time frame set out above, the non-defaulting Party may terminate this Contract upon 90-day written notice of cancellation, which must be delivered as described in Section 8 of this Agreement no more than five days after the end of the 5 day rectification period. For Non-recurring services: If Magna does not successfully receive payment from Client , Client will pay Magna the Price plus a 25% collection charge. There is no option for cancellation or refunds once the service has been performed. Clients are required to make full payment within 24 hours of the service completion.

 

NOTICES: Notices to Magna shall be sufficient if made or addressed to customerservice@magnapest.com and to Client if made or addressed to your provided email address.

 

GOVERNING AUTHORITY: This Agreement shall be governed by the laws of the state of Texas. SPCS Jurisdiction Statement: Licensed and Regulated by: Texas Department of Agriculture P.O. Box 12847 Austin, TX 78711

 

ARBITRATION IN LIEU OF LITIGATION. THE PARTIES MUTUALLY AND EXPLICITLY AGREE TO arbitration in lieu of litigation. Any dispute or claim that arises out of or that relates to this Agreement, or that relates to the breach of this Agreement, or that arises out of or that is based upon the relationship between Magna and the Client shall be resolved by arbitration in accordance with the then effective arbitration rules of (and by filing a claim with) an arbitration service provider of Magna's choosing, and judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof.

 

SEVERABILITY. In the event that any provision of this Agreement shall be unenforceable or invalid under applicable law, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to accomplish the objectives of such unenforceable or invalid provision to the fullest extent, if any, permitted by applicable law.

 

COMPLETE AGREEMENT. This Agreement constitutes the entire Agreement of the Parties. Both Parties have read this Agreement and fully understand its contents, especially those in Section 6 "Indemnification/Liability". Furthermore, by acknowledging this Agreement, both Parties agree to all of its terms.