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Residential termite control terms and conditions

These Terms & Conditions should be read in conjunction with to the Subterranean Termite Survey and Proposal and Subterranean Termite Visual Inspection Report referred to
in this document.

1. General Obligations: Rentokil Initial Pty Ltd ABN 98 000 034 597 trading as Rentokil  Pest Control (“RPC”) agrees to supply a termite baiting and monitoring service for termite management at the building located at the address specified in this document in accordance with AS 3660.2 Termite Management in and Around Existing Buildings and Structures for the fees (incl. GST) subject to these terms and conditions (“Services”). RPC will deliver the Services in a  competent  and  professional  manner  taking  into  account  these  terms. A termite baiting and monitoring service does not replace the need for an annual (and in some cases more frequent) termite inspection of the building and surrounding area. An additional fee is payable for that service unless agreed as part of these Services. Termite inspections are visual inspections in accordance with AS 3660 Termite Management and subject to the terms and limitations.

2. Term: This agreement will operate for an initial minimum term of twenty four (24) months commencing on the date of this document unless otherwise agreed. The agreement will be automatically extended, if not terminated or varied, and will operate until such time as it is terminated by either party giving at least three months written notice of termination to take effect from the end of a calendar quarter. No termination can take effect before the last day of the initial minimum term except in accordance with Clause 20. The Customer acknowledges that failure to provide this notice will result in the Customer being liable for an amount equal to the fees for the balance of the notice period.

3. Acceptance: The Customer’s acceptance of these terms may be confirmed either by signing this document, confirming its acceptance by email or allowing RPC to commence delivery of the Services.

4. Subterranean termites only: All references to termites, termite inspection and termite management refer to subterranean termites only.

5. Regular service visits and reports: An RPC Technician will install and subsequently inspect and service a Termite Baiting and Monitoring System (System) at the property including the installation of inground termite monitoring and bait stations at intervals surrounding the building. An inspection and, if required, service of the system will occur at frequencies required in the circumstances of the property to encourage termite to feed from the baits and subsequently to ensure baits are active. The minimum number of visits annually is set out in this document but more frequent visits may be required during some periods to activate processes for termite control. A written report will be provided to the Customer at the conclusion of each service. The Customer will be advised when active termiticide baits are in use in the system. The Customer should not (and should ensure no one else) interferes or tampers with the system or any components of it without seeking the prior approval of RPC.

6. Advice and recommendations: The RPC Technician will provide the Customer with advice on steps to be taken to reduce conditions conducive to termite infestation including remedial work needed to eliminate factors likely to reduce the effectiveness of the system or increase the risk of termite attack on structures to be protected.

7. Certificate: Subject to the Customer having paid all amounts owing to RPC, when RPC has achieved “colony control” as defined in AS 3660 Termite Management, RPC will issue the Customer with a certificate of completion in accordance with AS 3660. Unless otherwise agreed by RPC in writing, the Customer may only rely upon that certificate.

8. Fees: The fees as set out in this agreement are payable by the Customer to RPC for the Services and use of RPC equipment. Fees are payable quarterly in advance and are inclusive of GST.  The Fees are based on the services and equipment required allowing for set up costs, materials and equipment costs, service support and administration costs (“Service Costs”). If RPC agrees to accept a reduction or cancellation of any part of the Services, any variation to the fees must take account of these Service Costs so the fees may not be varied pro rata to the change in the Services. Where in any invoice period, RPC has not completed the required minimum number of service visits, the Customer will be entitled to a credit calculated on a pro rata basis after appropriate deductions in respect of the Service Costs and also taking into account the number of non routine visits such as call outs and follow up visits the Customer has received to manage any termite activity.

9. Interest on over dues & No Deductions: Interest is payable by the Customer on overdue amounts payable to RPC from the end of the due date until the date on which the debt is paid at a rate of two per cent (2%) above the rate charged by RPC’s bank on overdrafts for less than one hundred thousand dollars ($100,000.00). The Customer may not deduct or withhold any amount (whether by way of set off, counterclaim or otherwise) from any money owing to RPC.

10. Pricing Review: After the initial minimum term, and no more than once annually, RPC may review and increase the fees by notice to the Customer.

11. Areas treated, efectiveness and limitations: The area of the Property subject to baiting and monitoring termite management is described in the site map forming part of this document. The System will not offer any protection to structures that are not indicated on the site map as having baiting stations placed around them. The objective of the baiting program is to achieve termite colony elimination through the termites ingesting the bait and spreading it through the colony. The time required to achieve this varies with many factors including weather conditions, time of year, termite species, colony size and the impact  that earlier treatments may have had on termite behaviour. You should advise RPC of any prior treatments and provide RPC with copies of any documents you have relating to those treatments. Until the termite colony is controlled, termites within the building may continue to cause damage but this should reduce once the termites commence feeding from the bait stations. If you become aware of the presence of termites within the building or property, you should contract RPC immediately. Do not disturb the termites. You should also notify RPC if you become aware that the system including the baiting stations have been disturbed in any way.

12. Cooperation and Health and Safety: The Customer must comply with all advice and instructions provided by RPC to the Customer including any relating to termiticide treatment and equipment usage and the health and safety of persons and animals.

13. Concealed Pipes and Services: If installation or servicing of the System requires drilling or cutting any materials, the Customer will be responsible for identifying the location of all utility services to the property including water and drainage pipes, electrical and telephone cables, gas pipes etc. The Customer is responsible to clearly mark the physical location of all such concealed utilities. RPC will exercise due care in performing any drilling or cutting but the Customer will be liable for any damage caused by any penetration of such services unless caused by the negligence of RPC.

14. RPC Equipment: The Customer acknowledges that the System incorporates equipment and goods owned by RPC . The Customer agrees to take reasonable care of that equipment and to follow any instructions given by RPC in relation to the equipment and its use. All such equipment shall remain the property of RPC and the Customer agrees not to move or modify the equipment including removing any label indicating the equipment belongs to RPC. The Customer agrees to immediately inform RPC if the equipment is damaged or removed. If RPC equipment is damaged or removed by the Customer or persons for whom the Customer is responsible, RPC is entitled to charge the Customer for the replacement costs. RPC is entitled to replace any item of equipment at any time at its sole discretion provided the replacement item is of an equivalent or better standard and upon replacement the replaced item is subject to these terms and conditions. On termination of the Services howsoever that arises, RPC may remove all of its equipment and for that purpose may enter the property and remove the equipment. RPC shall use all reasonable care in doing so but shall not be responsible for restoring that part of the premises to the original state.

15. Reliance on Service and Report: All reports provided by RPC in relation to the Services are provided solely for the benefit of the Customer named in the report. Neither this agreement nor any report may be assigned by the Customer to another person or relied upon by any other person without the prior written approval of RPC that may be given conditionally or withheld. The Customer indemnifies RPC against all actions, claims or costs that RPC may incur as a result of any reliance placed on the content of a service or inspection report by any person other than the Customer who obtained the report without the written approval of RPC.

16. Manufacturers warranties: Some manufacturers of products used in the provision of the System, including chemicals and barrier products may offer manufacturers warranties in relation to their product. These warranties are subject to their own terms and conditions, limitation and exclusions. Customers are advised to consult the website of these manufacturers for this information. RPC does not endorse these warranties or confirm their availability or utility in connection with the Service unless confirmed in writing by RPC.

17. Subcontractors: RPC may engage or employ any person, sub-contractor or agent to provide any of the services under this agreement and will be responsible for the performance of the delivery by that subcontractor of RPC’s obligations under this agreement.

18. Force Majeure: RPC shall not be responsible for failure to meet any obligation if the failure results directly or indirectly from a cause beyond its control.

19. Bribery: The Customer and RPC agree:
(a) that they will not (nor allow anyone acting on their behalf) to offer, give, request or accept any undue financial or other advantage of any kind in any way connected with entry into this agreement; and
(b) they will each comply with all applicable laws related to bribery and corruption in connection with this agreement. Any failure to comply with this clause entitles the other party to terminate this agreement upon notice to the other party.

20. Termination:
(a) RPC may suspend the Services or terminate this agreement on immediate notice to the Customer if:
(i) the Customer is in breach of a material obligation and does not remedy that breach within two (2) business days of notice from RPC;
(ii) the Customer breaches any other provisions and fails to remedy that breach (if capable of remedy) within ten (10) business days of notice from RPC: or
(iii) the Customer becomes insolvent or deemed insolvent, bankrupt, ceases or threatens to cease to carry on business, a receiver, manager, administrator or anything having a similar effect occurs in relation to the Customer.
(b) The Customer may terminate this agreement on immediate notice to RPC if RPC is in breach of a material obligation and does not remedy that breach within two (2) business days of notice from the Customer. It is agreed that non payment, any modification or removal of any equipment without the approval of RPC, refusal to allow access to the premises to be serviced are material breaches of this agreement.

21. Entire Agreement: This agreement supersedes and replaces all previous agreements between the parties in relation to the services and contains the entire agreement between them as to its subject matter. To the extent permitted by law, RPC expressly excludes all warranties, guarantees, representations and conditions except as may be made by RPC to the Customer in writing.

22. Liability: To the extent permitted by law:-
(a) RPC will not be liable for any loss of profits or revenue, loss of business, wasted expenditure or any form of indirect or consequential loss arising out of or in connection with this agreement, the supply of the services, the equipment or the sale of any goods.
(b) where a claim relates to a guarantee or warranty under the Australian Consumer Law, RPC’s total aggregate liability to the Customer under or in relation to this agreement (including in contract, negligence, tort or any common law or statutory right) is limited at RPC’ option to:
(i) in relation to claims relating to services, the resupply of the services or the costs of resupply of the service; or
(ii) in relation to claims relating to goods, the resupply of the costs or the cost of re supply of the goods.
(c) in all other circumstances, the liability of RPC to the Customer (including in contract, negligence, tort or any common law or statutory right) under this agreement will not exceed the fees received by RPC from the Customer pursuant to this agreement.

23. General:
(a) This agreement may only be amended in writing signed by both parties.
(b) A reference to ‘writing’ or ‘written’ includes electronic mail.
(c) If any provision of this agreement is illegal, invalid or unenforceable it may be severed without affecting the enforceability of the other provisions.
(d) The Customer may not assign its rights under this agreement without the prior approval of RPC.
(e) Each indemnity in this agreement is a continuing obligation separate and independent from the other obligations of the party giving the indemnity and survives termination or expiry of this agreement.
(f) This agreement is governed by the laws of the State or Territory where the services are being provided to the Customer and the parties submit to the jurisdiction of the courts of that State or Territory.

Residential termite control terms and conditions - Queensland

1. General Obligations: Rentokil Pest Control (Qld) Pty Ltd ABN 38 125 713 108 trading as Rentokil  Pest Control (“RPC”) agrees to supply a termite baiting and monitoring service for termite management at the building located at the address specified in this document in accordance with AS 3660.2 Termite Management in and Around Existing Buildings and Structures for the fees (incl. GST) subject to these terms and conditions (“Services”). RPC will deliver the Services in a  competent  and  professional  manner  taking  into  account  these  terms. A termite baiting and monitoring service does not replace the need for an annual (and in some cases more frequent) termite inspection of the building and surrounding area. An additional fee is payable for that service unless agreed as part of these Services. Termite inspections are visual inspections in accordance with AS 3660 Termite Management and subject to the terms and limitations.

2. Term: This agreement will operate for an initial minimum term of twenty four (24) months commencing on the date of this document unless otherwise agreed. The agreement will be automatically extended, if not terminated or varied, and will operate until such time as it is terminated by either party giving at least three months written notice of termination to take effect from the end of a calendar quarter. No termination can take effect before the last day of the initial minimum term except in accordance with Clause 20. The Customer acknowledges that failure to provide this notice will result in the Customer being liable for an amount equal to the fees for the balance of the notice period.

3. Acceptance: The Customer’s acceptance of these terms may be confirmed either by signing this document, confirming its acceptance by email or allowing RPC to commence delivery of the Services.

4. Subterranean termites only: All references to termites, termite inspection and termite management refer to subterranean termites only.

5. Regular service visits and reports: An RPC Technician will install and subsequently inspect and service a Termite Baiting and Monitoring System (System) at the property including the installation of inground termite monitoring and bait stations at intervals surrounding the building. An inspection and, if required, service of the system will occur at frequencies required in the circumstances of the property to encourage termite to feed from the baits and subsequently to ensure baits are active. The minimum number of visits annually is set out in this document but more frequent visits may be required during some periods to activate processes for termite control. A written report will be provided to the Customer at the conclusion of each service. The Customer will be advised when active termiticide baits are in use in the system. The Customer should not (and should ensure no one else) interferes or tampers with the system or any components of it without seeking the prior approval of RPC.

6. Advice and recommendations: The RPC Technician will provide the Customer with advice on steps to be taken to reduce conditions conducive to termite infestation including remedial work needed to eliminate factors likely to reduce the effectiveness of the system or increase the risk of termite attack on structures to be protected.

7. Certificate: Subject to the Customer having paid all amounts owing to RPC, when RPC has achieved “colony control” as defined in AS 3660 Termite Management, RPC will issue the Customer with a certificate of completion in accordance with AS 3660. Unless otherwise agreed by RPC in writing, the Customer may only rely upon that certificate.

8. Fees: The fees as set out in this agreement are payable by the Customer to RPC for the Services and use of RPC equipment. Fees are payable quarterly in advance and are inclusive of GST.  The Fees are based on the services and equipment required allowing for set up costs, materials and equipment costs, service support and administration costs (“Service Costs”). If RPC agrees to accept a reduction or cancellation of any part of the Services, any variation to the fees must take account of these Service Costs so the fees may not be varied pro rata to the change in the Services. Where in any invoice period, RPC has not completed the required minimum number of service visits, the Customer will be entitled to a credit calculated on a pro rata basis after appropriate deductions in respect of the Service Costs and also taking into account the number of non routine visits such as call outs and follow up visits the Customer has received to manage any termite activity.

9. Interest on over dues & No Deductions: Interest is payable by the Customer on overdue amounts payable to RPC from the end of the due date until the date on which the debt is paid at a rate of two per cent (2%) above the rate charged by RPC’s bank on overdrafts for less than one hundred thousand dollars ($100,000.00). The Customer may not deduct or withhold any amount (whether by way of set off, counterclaim or otherwise) from any money owing to RPC.

10. Pricing Review: After the initial minimum term, and no more than once annually, RPC may review and increase the fees by notice to the Customer.

11. Areas treated, efectiveness and limitations: The area of the Property subject to baiting and monitoring termite management is described in the site map forming part of this document. The System will not offer any protection to structures that are not indicated on the site map as having baiting stations placed around them. The objective of the baiting program is to achieve termite colony elimination through the termites ingesting the bait and spreading it through the colony. The time required to achieve this varies with many factors including weather conditions, time of year, termite species, colony size and the impact  that earlier treatments may have had on termite behaviour. You should advise RPC of any prior treatments and provide RPC with copies of any documents you have relating to those treatments. Until the termite colony is controlled, termites within the building may continue to cause damage but this should reduce once the termites commence feeding from the bait stations. If you become aware of the presence of termites within the building or property, you should contract RPC immediately. Do not disturb the termites. You should also notify RPC if you become aware that the system including the baiting stations have been disturbed in any way.

12. Cooperation and Health and Safety: The Customer must comply with all advice and instructions provided by RPC to the Customer including any relating to termiticide treatment and equipment usage and the health and safety of persons and animals.

13. Concealed Pipes and Services: If installation or servicing of the System requires drilling or cutting any materials, the Customer will be responsible for identifying the location of all utility services to the property including water and drainage pipes, electrical and telephone cables, gas pipes etc. The Customer is responsible to clearly mark the physical location of all such concealed utilities. RPC will exercise due care in performing any drilling or cutting but the Customer will be liable for any damage caused by any penetration of such services unless caused by the negligence of RPC.

14. RPC Equipment: The Customer acknowledges that the System incorporates equipment and goods owned by RPC . The Customer agrees to take reasonable care of that equipment and to follow any instructions given by RPC in relation to the equipment and its use. All such equipment shall remain the property of RPC and the Customer agrees not to move or modify the equipment including removing any label indicating the equipment belongs to RPC. The Customer agrees to immediately inform RPC if the equipment is damaged or removed. If RPC equipment is damaged or removed by the Customer or persons for whom the Customer is responsible, RPC is entitled to charge the Customer for the replacement costs. RPC is entitled to replace any item of equipment at any time at its sole discretion provided the replacement item is of an equivalent or better standard and upon replacement the replaced item is subject to these terms and conditions. On termination of the Services howsoever that arises, RPC may remove all of its equipment and for that purpose may enter the property and remove the equipment. RPC shall use all reasonable care in doing so but shall not be responsible for restoring that part of the premises to the original state.

15. Reliance on Service and Report: All reports provided by RPC in relation to the Services are provided solely for the benefit of the Customer named in the report. Neither this agreement nor any report may be assigned by the Customer to another person or relied upon by any other person without the prior written approval of RPC that may be given conditionally or withheld. The Customer indemnifies RPC against all actions, claims or costs that RPC may incur as a result of any reliance placed on the content of a service or inspection report by any person other than the Customer who obtained the report without the written approval of RPC.

16. Manufacturers warranties: Some manufacturers of products used in the provision of the System, including chemicals and barrier products may offer manufacturers warranties in relation to their product. These warranties are subject to their own terms and conditions, limitation and exclusions. Customers are advised to consult the website of these manufacturers for this information. RPC does not endorse these warranties or confirm their availability or utility in connection with the Service unless confirmed in writing by RPC.

17. Subcontractors: RPC may engage or employ any person, sub-contractor or agent to provide any of the services under this agreement and will be responsible for the performance of the delivery by that subcontractor of RPC’s obligations under this agreement.

18. Force Majeure: RPC shall not be responsible for failure to meet any obligation if the failure results directly or indirectly from a cause beyond its control.

19. Bribery: The Customer and RPC agree:
(a) that they will not (nor allow anyone acting on their behalf) to offer, give, request or accept any undue financial or other advantage of any kind in any way connected with entry into this agreement; and
(b) they will each comply with all applicable laws related to bribery and corruption in connection with this agreement. Any failure to comply with this clause entitles the other party to terminate this agreement upon notice to the other party.

20. Termination:
(a) RPC may suspend the Services or terminate this agreement on immediate notice to the Customer if:
(i) the Customer is in breach of a material obligation and does not remedy that breach within two (2) business days of notice from RPC;
(ii) the Customer breaches any other provisions and fails to remedy that breach (if capable of remedy) within ten (10) business days of notice from RPC: or
(iii) the Customer becomes insolvent or deemed insolvent, bankrupt, ceases or threatens to cease to carry on business, a receiver, manager, administrator or anything having a similar effect occurs in relation to the Customer.
(b) The Customer may terminate this agreement on immediate notice to RPC if RPC is in breach of a material obligation and does not remedy that breach within two (2) business days of notice from the Customer. It is agreed that non payment, any modification or removal of any equipment without the approval of RPC, refusal to allow access to the premises to be serviced are material breaches of this agreement.

21. Entire Agreement: This agreement supersedes and replaces all previous agreements between the parties in relation to the services and contains the entire agreement between them as to its subject matter. To the extent permitted by law, RPC expressly excludes all warranties, guarantees, representations and conditions except as may be made by RPC to the Customer in writing.

22. Liability: To the extent permitted by law:-
(a) RPC will not be liable for any loss of profits or revenue, loss of business, wasted expenditure or any form of indirect or consequential loss arising out of or in connection with this agreement, the supply of the services, the equipment or the sale of any goods.
(b) where a claim relates to a guarantee or warranty under the Australian Consumer Law, RPC’s total aggregate liability to the Customer under or in relation to this agreement (including in contract, negligence, tort or any common law or statutory right) is limited at RPC’ option to:
(i) in relation to claims relating to services, the resupply of the services or the costs of resupply of the service; or
(ii) in relation to claims relating to goods, the resupply of the costs or the cost of re supply of the goods.
(c) in all other circumstances, the liability of RPC to the Customer (including in contract, negligence, tort or any common law or statutory right) under this agreement will not exceed the fees received by RPC from the Customer pursuant to this agreement.

23. General:
(a) This agreement may only be amended in writing signed by both parties.
(b) A reference to ‘writing’ or ‘written’ includes electronic mail.
(c) If any provision of this agreement is illegal, invalid or unenforceable it may be severed without affecting the enforceability of the other provisions.
(d) The Customer may not assign its rights under this agreement without the prior approval of RPC.
(e) Each indemnity in this agreement is a continuing obligation separate and independent from the other obligations of the party giving the indemnity and survives termination or expiry of this agreement.
(f) This agreement is governed by the laws of the State or Territory where the services are being provided to the Customer and the parties submit to the jurisdiction of the courts of that State or Territory.