MOTHKILL TERMS & CONDITIONS OF SERVICE

Last updated: 5/26

These Terms and Conditions apply to all services provided by Mothkill (“we”, “us”, “our”) to the customer (“you”, “the client”).

Booking our services constitutes full acceptance of these Terms. No exceptions apply unless agreed in writing before attendance.

1. PAYMENT TERMS – STRICT REQUIREMENT

1.1 A 25% deposit is required to secure a booking.

1.2 The remaining balance is due in full on arrival, before treatment commences.

1.3 Payment is required where the service is delivered:

  • As agreed; and
  • With reasonable care and skill in accordance with the Consumer Rights Act 2015

1.4 Failure or refusal to pay constitutes:

  • A material breach of contract
  • Immediate withdrawal of any warranty
  • Immediate entitlement to pursue recovery action

1.5 We reserve the right to:

  • Charge statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998
  • Recover all reasonable legal, recovery, tracing, and court costs
  • Issue County Court proceedings without further notice

1.6 Any chargebacks, reversals, or payment disputes raised after attendance will be treated as non-payment.

🚫 2. PAYMENT MUST NOT BE WITHHELD

2.1 Payment must not be withheld or delayed due to:

  • Dissatisfaction claims
  • Ongoing pest activity
  • Requests for guarantees
  • Third-party opinions

2.2 This clause does not affect your statutory rights under UK consumer law.

2.3 Any concerns must be raised after payment and will be handled under warranty terms where applicable.

🚪 3. ACCESS, TIME & INTERFERENCE

3.1 Full, safe, and uninterrupted access to all agreed areas must be provided at the scheduled time.

3.2 The following may result in additional charges, aborted visits, and/or voided warranty:

  • Restricted or delayed access
  • Client-caused delays
  • Interference from landlords, agents, tenants, neighbours, or third parties
  • Refusal to follow on-site instructions

3.3 Time spent waiting, resolving access issues, or managing interference is fully chargeable.

3.4 Where access is restricted or disrupted, the full service fee may still be payable.

🧱 4. SCOPE OF SERVICE – ABSOLUTE LIMITS

4.1 Only areas agreed and paid for will be treated.

4.2 No liability is accepted for:

  • Untreated rooms, cupboards, lofts, voids, or storage areas
  • Infestations originating from neighbouring or untreated properties
  • Reintroduction of pests via belongings, deliveries, or visitors

4.3 Advice given on-site does not expand the agreed scope.

4.4 Pest control outcomes depend on:

  • Full access
  • Full treatment scope
  • Ongoing compliance with instructions

🛡️ 5. WARRANTY – STRICT CONDITIONS

5.1 A 6-month warranty applies only where the entire property is treated without exception.

5.2 Partial treatments carry no warranty, express or implied.

5.3 Warranty is automatically void if:

  • Payment is not made in full on the day
  • Any area is excluded against advice
  • Preparation instructions are not followed
  • Infested items are introduced after treatment
  • Third-party pest control is carried out
  • Structural or layout changes occur

5.4 The warranty provides re-treatment only.

5.5 No refunds, compensation, or damages are payable except where required under applicable law.

🧹 6. CLIENT PREPARATION & DISCLOSURE

6.1 The client is solely responsible for:

  • Decluttering and full preparation
  • Protecting or removing sensitive, fragile, or valuable items
  • Disclosing pets, aquariums, vulnerable occupants, or relevant conditions

6.2 We are not liable for reduced effectiveness caused by:

  • Inadequate preparation
  • Failure to follow instructions
  • Withheld or incorrect information

⚠️ 6.3 DAMAGE ARISING FROM INCORRECT PREPARATION

6.3 The client accepts full responsibility for any damage, loss, or contamination arising from:

  • Failure to follow preparation instructions
  • Failure to remove or protect sensitive items
  • Presence of fragile, heat-sensitive, or prohibited materials within treatment areas
  • Incorrect, incomplete, or misleading information provided

6.4 This includes, but is not limited to:

  • Heat damage to plastics, electronics, furnishings, or personal belongings
  • Damage to items left within treatment zones contrary to instructions
  • Contamination or loss affecting improperly stored items

6.5 No liability is accepted where:

  • Preparation instructions were provided; and
  • Not fully complied with

🔥 6.6 CONFIRMATION TO PROCEED

By allowing treatment to proceed, the client confirms:

  • All preparation instructions have been followed
  • All sensitive items have been removed or protected

Any resulting damage due to incorrect preparation remains the client’s responsibility.

❌ 7. CANCELLATIONS, ABORTED VISITS & REFUSALS

7.1 Cancellations within 24 hours may be charged in full.

7.2 The deposit is non-refundable where:

  • Cancellation occurs within 24 hours
  • Access is not provided
  • Payment is refused on arrival

7.3 Attendance where access is refused, restricted, or disputed is chargeable at 100%.

7.4 If work is aborted due to client behaviour or payment refusal, the full balance remains payable.

📸 8. EVIDENCE & RECORDS

8.1 We may retain:

  • Photographs
  • Videos
  • Treatment records
  • Time logs
  • Communications

8.2 These may be used to:

  • Defend disputes
  • Challenge chargebacks
  • Support debt recovery or legal proceedings

8.3 By booking, the client consents to such records being used where reasonably necessary.

⚖️ 9. LIMITATION OF LIABILITY

9.1 We are not liable for:

  • Pre-existing damage
  • Infestation-related losses prior to treatment
  • Indirect, consequential, or economic losses
  • Hotel, relocation, or business interruption costs

9.2 Total liability is limited to the value of the service paid.

9.3 Nothing in these terms excludes liability for:

  • Death or personal injury caused by negligence
  • Fraud or fraudulent misrepresentation
  • Any rights that cannot be excluded under law

🛑 10. RIGHT TO REFUSE OR TERMINATE SERVICE

10.1 We may refuse or stop work immediately where:

  • Abuse, threats, or intimidation occur
  • Unsafe conditions exist
  • Payment terms are challenged or delayed

10.2 In such cases, time and attendance charges apply and the full balance remains payable.

✍️ 11. NO VERBAL VARIATIONS

11.1 No verbal statements form part of this contract.

11.2 Only written agreements issued prior to attendance are binding.

⚖️ 12. GOVERNING LAW

These Terms are governed by the laws of England and Wales.
The courts of England and Wales have exclusive jurisdiction.