UPCATL Website Terms and Conditions

This Website and the services of Upcatl.com herein referred to as the "Services" are offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement herein referred to as the "Terms and Conditions". Your use of this Website or submission of service requests via telephone constitutes your agreement to all such terms, conditions, and notices in effect at such time. These Terms and Conditions apply to any Services or properties such as websites or apps owned and operated by Upcatl.com and on which a link to these Terms & Conditions appears. If you have any questions regarding these Terms & Conditions, you may contact us at www.Upcatl.com.  We may amend these Terms & Conditions at any time by posting a revised version of these Terms and Conditions.

1. Introduction

1.1 These terms and conditions shall govern your use of our website.

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3 If you [register with our website, submit any material to our website or use any of our website services], we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least [18] years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least [18] years of age.

2. Copyright notice

2.1 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) All the copyright and other intellectual property rights in our website and the material on our website are reserved.

3. License to use website

3.1 You may:

(a) View pages from our website in a web browser;

(b) Download pages from our website for caching in a web browser;

(c) Print pages from our website;

(d) Stream audio and video files from our website; and

(e) Use our website services by means of a web browser, subject to the other provisions of these terms and conditions.

3.2 You may only use our website for your own personal and business purposes, but you must not use our website for any other purposes.

3.3 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.4 Unless you own or control the relevant rights in the material, you must not:

(a) Republish material from our website including republication on another website;

(b) Sell, rent or sub-license material from our website;

(c) Exploit material from our website for a commercial purpose; or

(e) Redistribute material from our website.

3.5 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

4. Our Services

4.1 Upcatl.com is the website for Urban Pest Control based in Alpharetta, Georgia, USA.

4.2 Our services are inclusive of a twice in a year pest control plan with free termite treatment coverage and unlimited service calls for 6 months. Having a twice a year plan means that we treat & inspect the property every 6 months. If there is a problem within that Six (6) month period, we spot treat it free of charge. For this service, we charge a fee of $140 every 6 months due at the time of treatment.

4.3 We also include free termite treatment coverage for properties at which, upon initial inspection, no termite activities had been found.

4.4 We also offer inspection-only services for termites only. This service is accompanied by one year of termite treatment coverage which is explained in detail in our website. This service costs $140.

4.5 Another service offered by us is a three (3) month guarantee with our mosquito service. We refuse the right to deny service calls based on refusal to comply with tech suggestions. For this service, we charge a fee of $150 every 3 months.

4.6 We also offer other similar services for specific bugs on a per-pest, per-room basis, guaranteed for 30 days. Prices for these services start at $125 and require technician quotation. 

5. Your Use of the Upcatl.Com Services and Prohibited Uses

5.1 You acknowledge and agree that your use of Upcatl.com is for your personal use and not for advertising purposes. You may not use Upcatl.com to recreate or compete with Upcatl.com, to solicit or harass our employees, or for any other purpose not contemplated herein.

5.2 You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to Upcatl.com for any such damages, and will indemnify Upcatl.com in the event of any claims against Upcatl.com based on or arising from your violation of the foregoing.

5.3 We reserve the right to revoke your access to any Upcatl.com Services, products or premises at any time.

5.4 If it is determined or suspected by Upcatl.com in its sole discretion that you are misusing or attempting to misuse or circumvent the Upcatl.com services or system, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming, Upcatl.com reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.

6. Payments

6.1 We may allow you to pay for goods or services provided by our employees, through the Upcatl.com website, apps, or services. Should you have any dispute with the goods or services provided by us, you must contact us immediately in order for us to resolve such dispute with urgency it deserves. If we have not heard from you with proof of your complaint within ten (10) days after the payment has been made for the goods or Service in question, the purchase of the goods and/or services are final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law.

6.2 No refunds shall be made by our company. If we do establish however, that the goods sold to you and/or the services offered to you were not up to standard, we shall rectify the situation through offering you the goods and/or service again without charging you for them.

7. Your Account

7.1 You may manage your account online on the condition that you provide to us your email address and subsequently create your password.

7.2 Activating your own account means that you are granting us permission to carry out all the instructions you give us online.

7.3 We refuse the right to deny you access to your account and/or a service call based on abuse of the system.

8. Security

8.1 You can only access your account once you key in your log in details which include your email address and your selected password.

9. Cancellation and suspension of account

9.1 We may:

(a) Suspend your account;

(b) Cancel your account; and/or

(c) Edit your account details,

At any time in our sole discretion without notice or explanation.

9.2 You may cancel your account on our website using your account control panel on the website.

10 Modifications

10.1 Our company has the exclusive right to remove or stop supplying any product or service on our website at any time. No notice shall be required of us, and if we do remove a product or service, we won’t be responsible to you.

11. Our Products and Services

11.1 The company has the right to change the prices and details of the products, services and offers made on our website without giving notice. These changes won’t affect any agreements or services you already have with us unless your contract specifically says we’re allowed to make changes to your account.

11.2 Our products and services shall be provided on an “as is” basis. We therefore cannot always guarantee their availability.

11.3 None of the information on this website is an offer to sell (or buy) anything. You can apply for our products and services, but it’s ultimately up to us to decide on whether we provide them. 

12. Variation

12.1 We may revise these terms and conditions from time to time.

12.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. Or we will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.

12.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

13. Disclaimers

13.1 This website (including all content provided within it) is not a definitive source of legal information. If you are in any doubt you should contact the business involved directly before undertaking any transactions.

13.2 We require all users and providers of information to ensure the accuracy and completeness of their information. Information is provided without any representation or endorsement made and without warranty of any kind (whether express or implied), including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

13.3 The information provided on or via this Website is intended to be informative only and is provided on an "as is" and "as available" basis. In using the website you acknowledge that any reliance upon any information obtained or received via this website shall be at your sole risk. If you are in any doubt, please seek independent advice.

13.4 We do not warrant that the functions of this website will be uninterrupted or error free, that defects will be corrected, or that this website or the servers that make it available are free of viruses. We do not warrant that the data transmitted through this website will be uninterrupted, error free or free of viruses. In no event will we be liable for negligence (except for personal liability or death), any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damages whatsoever arising from use or loss of use of, data or profits arising out of or in connection with the use of this Website.

13.5 This website hosts advertising, sponsorship and other third-party content to help fund and develop the site. By hosting such third party content, the website does not endorse any specific commercial product, service or organisation nor does it hold any liability for them. Third party advertisers are fully responsible for the accuracy of all representations made in their advertisements.

13.6 This website accepts no responsibility for the goods and services provided by, or the conduct of, third parties on their websites. Third parties are responsible for the accuracy of all content and opinions expressed on their own websites, their own disclaimers and privacy policies. By using their websites or content or by entering into any agreement with them you will be bound by their terms and conditions.

14 Severance

14.1 If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

15 Waiver

15.1 No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.

16 Survival

16.1 Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

17 Entire agreement

17.1 These Conditions govern our relationship with you. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation except where expressly made by a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by the Conditions.

18 Third Party Rights

18.1 A person who is not a party to these Conditions shall have no right under the Contract to enforce any term of these Conditions, but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.

19 Jurisdiction

19.1 The Website is controlled and operated in the United States. The Conditions and all matters connected with any order you place in our Website shall be governed by and construed in accordance with the laws of the US and you irrevocably submit to the exclusive jurisdiction of the courts of the United States.

20 Disputes

20.1 If you have any complaint about this Website or any of the Products we provide, you should send an email to our Customer Care team and we will try and resolve it as soon as possible.  However, if we have a dispute regarding your use of the Website or these terms and conditions, the courts will use United States law to determine that dispute.  If you wish to take legal action against us, as we are a US company you should do so in the American courts only.