TERMS FOR DISINFECTION SERVICES PURCHASED THROUGH WWW.TOUCHSPACEUSA.COM BETWEEN PURCHASER (CLIENT) AND DISINTECH LLC (PROVIDER)
PROVIDER will only use its own products and supplies. These products and supplies have undergone significant testing and include EPA-Registered disinfectants.
Annual subscription contracts will automatically renew for another 12 months, under the terms specified herein, unless cancelled any time prior to renewal. Cancellations must be made in writing via email or online.
3. ACCESS REQUIREMENT
Client will provide PROVIDER access to the Property, and to all areas of the Property scheduled to be disinfected as noted under Scope of Service, at the scheduled upon time. Failure to do so will result in cancellation of the scheduled service without refund.
4. CANCELATION POLICY
In the event Client needs to cancel a scheduled disinfecting appointment twenty-four (24) hour notice is required. Notice may be given via phone or email. Should Client fail to give twenty-four (24) hour notice on more than one occasion, Client must pay 30% of the fee for the canceled disinfecting.
In the event PROVIDER needs to cancel a scheduled disinfection appointment twenty-four (24) hour notice will be given to Client. If PROVIDER fails to give twenty-four (24) hour notice, Client will receive one (1) free service under the selected plan.
5. TERMINATION OF CONTRACT
Either party may terminate this contract at any time by supplying a written notice of termination on a specified date to the other party, with at least thirty (30) days prior to the stated date of termination. Should Client terminate this contract prior to the expiration of the term, refunds will be the difference between Annual Subscription price paid less the cost of completed services at the current Single Service rate of the selected plan.
6. APPLICABLE LAW AND VENUE
The terms of this agreement will be governed by the laws of the State of Texas. The state and federal courts located in Harris County, Texas will have exclusive jurisdiction over any case or controversy arising from or relating to this agreement, PROVIDER or any services provided by PROVIDER.
The rights and obligations created for Client under this agreement may not be assigned to any other party.
Each party agrees to indemnify and hold harmless the other party and its employees, members, landlord, successors, and assigns, from any claims, liabilities, losses, damages, and expenses asserted against the other party and arising out of the indemnifying party’s negligence, willful misconduct, and negligent performance of, or failure to perform, any of its duties or obligations under this Agreement. Client's use of certain cleaning, disinfecting, or other products on treated surfaces treated by PROVIDER may negatively impact efficacy of disinfectant and/or antimicrobial products used by PROVIDER during service. Client agrees to indemnify and hold harmless PROVIDER for reduced disinfection performance during advertised antimicrobial coverage period. The provisions of this indemnification are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to another person or entity.
9. FORCE MAJEURE
PROVIDER and any of its employees or agents shall not be deemed to be in breach of this agreement for any delay or failure in performance caused by reasons out of its reasonable control, including acts of God or a public enemy; natural calamities; failure of a third party to perform; changes in the laws or regulations; actions of any civil, military or regulatory authority; power outage or other disruptions of communication methods or any other cause which would be out of the reasonable control of PROVIDER.
In the event that one or more of the provisions of this agreement shall be found unenforceable, illegal or invalid, it shall not affect any other provisions of this agreement, and this agreement shall be construed as if the provision found to be unenforceable, illegal or invalid had never been contained in the agreement, or the unenforceable, illegal or invalid provision shall be construed, amended and/or reformed to be made enforceable, legal and valid.
11. WAIVER OF CONTRACTUAL RIGHT
The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.