Alterra Pest Control

Review: This company would not perform what I was promised and agreed upon on my service agreement with them dated June 11, 2013.

On June 11, 2013 at approximately 10:00am, Alterra's representative, [redacted] came to my home address soliciting to provide me pest control service. Since I have some pest issues around my house and my backyard, I asked him what treatment they can provide. He asked me if I have ants, spiders, crickets, I told him yes. He stated that they can treat those. He then asked me what else do I have? I told him that one of my big concern is my Koi fish pond - the lillies have aphids infestation, as well as slugs and snails. Mr [redacted] told me that they can treat those too. He assured me that their technicians have ways to treat the aphids, slugs and snails without harming my Koi fishes. Hearing those assurances from him, I agreed to have the service at a discounted price for a minimum of 12 months and with a guaranteed same pricing if I chose to continue for another 12 months thereafter.

The first treatment was scheduled June 14, 2013. The technician, [redacted] arrived around 10:05am but I was not home because I had an errand to do. When I came home around 10:40am [redacted] told me that he just finished the treatment; he had me signed the work order then he left. I did not observe the pest control application, but I trusted that the technician did what was agreed upon June 11, 2013, especially with the aphids problem in my fish pond.

The second treatment was scheduled on July 19, 2013. Long before that day, I have been noticing that the aphids problem with the lillies on my fish pond was somewhat worse than prior to the pest control service that I signed for on June 11, 2013. So, when the technician, [redacted] completed the pest control treatment on July 19, 2013 around 3:30pm, I asked him if he treated the aphids infestation in the fish pond. He told me, "No". He stated that he "can't do it because, it might kill the fishes." I told him that for what I was told originally, on June 11, 2013 that the technicians have ways to treat the aphids in the pond without harming the fishes. [redacted] said that he will call his supervisor. Few minutes later, I received a call from [redacted] Service Manager. He told me that the technician will not treat the lillies because the spray might kill the fishes. I reminded him that the original agreement made mention about the aphids problem with the lillies on the pond and that I was assured by Mr [redacted] during the signing of the service agreement on June 11, 2013 that the technicians have ways to treat the aphids infestation without harming the fishes. He told me that my fishes might die if he will have his technician spray for the aphids on the lillies. I asked him what about the other ways to treat the aphids on the lillies, which Mr [redacted] mentioned during the initial agreement on June 11, 2013; the service manager stated that he saw that aphids, snails and the koi pond were mentioned on the initial agreement but there is no other way to treat the aphids without possibly harming the fishes. He further told that if I am not happy I can cancel the contract, but he had to charge me $130.00 for not completing the minimum of 12 months service. I told him that I was really not happy and I am very disappointed for having been deceived of the kind of service that I was promised. I finally told him that I could not continue to deal with their business after this experience. I informed him that I may just have to file a complaint about what happened. On July 22, 2013, my visa account was charged the $130.00.

Desired Settlement: I strongly believe that Alterra misrepresented itself, through its representative, by promising me the kind of service which, to me, did not materialize as agreed upon. I asked the company to refund me the $130.00 that the company charged my visa account for opting out of the agreement.

Business

Response:

Business' Initial Response

To Whom It May Concern:

This is in response to Revdex.com case# XXXXXXXX

On 06/11/2013 Mr. [redacted] was approached by one of our Route Managers, [redacted] at which time he was extended an offer to receive pest control services for a year. After going over the terms and conditions of the services and treatments, Mr. [redacted] signed a service agreement and agreed to receive services which were rendered three days later on 06/14/2013. This signed service agreement detailed that five (5) pest control services would be rendered on the home consisting of an Initial Service, a Follow Up service occurring approximately 30 days after the Initial Service, and three Quarterly Services each occurring approximately 90 days apart. I would like to address Mr. [redacted]'s concerns in regards to his complaint to the Revdex.com.

The Service Agreement that Mr. [redacted] signed does indeed indicate that the services shall continue for a minimum 12 month period. The normal cost associated with our Initial Pest Service is $199.00. This cost can be discounted by our Route Managers contingent upon a one year service term. Mr. [redacted]'s service was discounted by $130, bringing his Initial Service cost to $69. This price was contingent upon completing a one year service term.

Mr. [redacted] brings up a concern in regards to aphids on the lilies in his koi pond. The Service Agreement does indicate in a section labeled "special instructions" that there is a koi pond; however, it does not give any indication in writing that there were lilies or aphids or a specific treatment required or requested for these. The request to treat the floating lilies and the koi pond in general, is one that we cannot perform if we are to remain legally compliant with all pesticide labels and State of California laws in regards to pesticide treatments and applications. This is due to the fact that no pest control company who wants to remain in good legal standing can treat free standing water whether it be a puddle or a pond. Mr. [redacted] was informed correctly by the Service Manager that the koi fish would not survive such a treatment even if we were somehow able to provide it. That being said, if our Route Manager gave the impression to Mr. [redacted] that we would somehow be able to treat in these untreatable areas, it is not so indicated on the original Service Agreement as Mr. [redacted] states.

Mr. [redacted] indicates that the Route Manager, [redacted] promised him that we would be able to take care of the snails and aphids in and around his pond using modified treatment methods and without risk to the koi fish. It is never our goal to have any customer feel that they had the hood pulled over their eyes and we have therefore implemented a series of safeguards to prevent this from ever happening. One such safeguard is tied to our Route Manager's commission structure. Our Route Managers are never paid on any account until that account has been active and in good financial standing for a minimum period of six (6) months. There is absolutely no incentive to lie to any potential prospect in hopes of "making a sale" as the Route Manager will not see any monetary compensation for such an account until it has been active and in good financial standing for at least six months. It seems in this instance that there has been some form of misunderstanding in regards to what we can and cannot legally do. That being said, in a good faith effort to maintain a positive customer relation with Mr. [redacted], Alterra will (and has as of the time of this letter) refund the $130 that was charged to him for early termination of his service agreement. As a courtesy to Mr. [redacted] we have closed out his account and he will not owe any further payment for the work already performed on his home.

Thank you for your time and consideration.

Consumer's Final Response

(The consumer indicated he/she DID NOT accept the response from the business.)

In regards to Alterra's response to my complaint, the responder acknowledged that in the "special instructions" section of the service agreement that there is a koi pond. However, the responder alleged that the "special instructions" section "does not give any indications in writing that there were lilies or aphids or a specific treatment required or requested for these". I want to point out that on 7/11/2013, after I was assured by the solicitor, Mr [redacted] that their technicians have ways to treat the aphids infestations on the lillies of my Koi pond, he made the following handwritten notes on the "special instructions" section of the service agreement: "garage, patio in back, aphids, snails

Pond in back (COY)" So, it is very clear that APHIDS was indicated, because it was one of my big concern in my koi pond. Sure, the specifics of the aphids treatment were not indicated by Mr [redacted] but from his verbal assurances that the technicians have ways to treat the aphids on the pond lillies, I just had to trust him for that.

I also want to point out from the company's response the fact that they have stated that as of the date of their letter, they have refunded the $130 that was charged to me for early termination of my service agreement. Then they went on by saying that they have closed out my account and that I will not owe any further payment for the work already performed in my home. But on 9/06/2013 I received an invoice from the company via US mail indicating that on 9/03/2013 they charged back $130 which they took on 7/19/2013 when I cancelled my service agreement. However, in the same invoice the company has billed me $130 plus $3.28 of finance charge totalling $133.28 which they alleged as 30 days past due. In a note attached to the invoice, they're asking me for a prompt payment and further saying, "so that your credit with us will not be affected." At this time, I am taking this as a threat to my excellent credit.

I appreciate the company for charging back my $130; but I do not believe I owe them the past due $133.28 that they recently billed me. Please note that my service agreement even required that the company charge my visa for any due amount; how could I be past due? I therefore ask the company to cancel "in writing" the bill that they sent me dated 9/03/2013.

Business' Final Response

The bill must have generated accidentally as he credit was being issued. Our apologies for the error. Please disregard the bill, as your account has a zero balance and has been closed.

Review: Alterra Pest Control was to provide pest control services for our family residence. At the initial sign up for service I explained to the service writer that we had a 110lb. Rottweiler in the back yard and ALL services needed to be scheduled prior to servicing the residence, this was in August of 2013. In December of 2012 an Alterra pest control service guy came by unannounced and no one from Alterra e-mailed or called to schedule an appointment. I explained to the service tech the situation and I was informed he would make a note of it for future services. In February of 2013, again Alterra pest control stopped by unannounced and again with no one e-mailing or calling me to make an appointment. I called the main office to complain and to make clear that they need to make an appointment prior to coming to the house so I can make sure the Rottweiler was in the house. In May of 2013, Alterra came by unannounced. I turned the Alterra service guy away and immediately call the main office to cancel service. In August of 2013 I was informed I had to have a final service or pay a penalty fee plus the charge of the service even after I had canceled them due to horrible customer service. By not making an appointment they put their service techs in danger and place me in liability if something was to happen to one of their techs. I'm being charged double for a service they never provided.

Product_Or_Service: Pest controlDesired Settlement: DesiredSettlementID: Other (requires explanation)

I'm being charged $170 which constitutes $89 for a pest control service charge plus $81 penalty fee for a service they did not perform. I want them to stop calling and sending me threatening mail about turning me into a collection agency if I don't pay, again for a service they never performed.

Business

Response:

Our Customer [redacted] contracted service with Alterra Pest Control on 07/31/2012 with our Route Manager [redacted]. This 12 month agreement was composed of one Initial Service, and 4 Quarterly Services each occurring approximately 3 months apart, with the first quarterly service beginning roughly 30 days after the Initial Service. This Service Agreement was signed and initialed by Mr. [redacted] on 07/31/2012. In exchange for signing a 12 month agreement Mr. [redacted] was given a substantial discount of $160.00 off the normal price of our initial service. This discount was given wholly contingent upon fulfilling a 12 month term and receiving the above mentioned five services.

Before beginning the initial service our Service Professional, [redacted], reviewed with our customer a “Welcome to Alterra” checklist. Please note that the Service Professional who serviced the home was not the route manager, [redacted], who originally enrolled the customer into our “Four Seasons Protection Plan.” In the Welcome to Alterra letter the customer verified that the billing information was correct, read about and understood our service schedule, and authorized the remaining treatments on his home. During this time our Service Professional re-explained our guarantee, our billing terms, the service discount, the initial service visit and future quarterly visits, and the length of the agreement and its specific terms. It was reiterated that the agreement was for a period of 12 months, with the initial service discount being contingent upon fulfilling the contractual term. As you can see according to this customer’s Welcome Checklist, the customer has also initialed after each section, and signed the bottom of the letter verifying that he understood the details of Alterra’s Four Season Protection Plan.

In Mr. [redacted]’ complaint to the Revdex.com he states that he was unhappy because of perceived issues of service notification. On Mr. [redacted]’ original Service agreement under his address, Mr. [redacted] provided Alterra with an email address which would be used for notification. Upon going over the Welcome to Alterra letter with Mr. [redacted], our Service Professional, [redacted] verified with Mr. [redacted] that we had the correct spelling of his name, his address, phone number, and email address. Additionally Mr. [redacted] signed and initialed that he would be notified for all future visits by email. Our records indicate that before each service was provided, Mr. [redacted] did indeed receive an email notification at least a day in advance before each service was performed.

Mr. [redacted] complains to the Revdex.com that he is being charged for un-rendered services. Mr. [redacted] is not being charged for any un-rendered service. In reality, Mr. [redacted] was given a discount on the initial service in the amount of $160.00 as a concession for receiving service for a year. This discount was given wholly contingent upon receiving services for a one year period. The customer initialed in the second paragraph of the Service Agreement that he understood that if he decided to cancel service prior to fulfilling his obligation, for any reason, that he agreed to reimburse Alterra the discount given for the initial service.

This same clause was reiterated and re-explained to the customer on 08/04/2012 via the “Welcome to Alterra” letter which the customer initialed in six different places and signed verifying that all the terms of Alterra’s Four Season Protection Plan were understood. The paragraph that explains the contingency of the Initial Service Discount is the second paragraph on the right hand side of the Welcome to Alterra Checklist. This is also initialed and signed by the customer.

To say the customer did not understand the terms of service is highly unlikely because it was explained on two different occasions, by two different Alterra representatives, on two different days. Once explained verbally, the customer then read and signed two separate forms of documentation which outline the terms of the service agreement in detail, as well as the charges our service plan entails.

Attached are the customer’s signed Service Agreement and Welcome Checklist. The customer did call to cancel services with Alterra on 05/27/2013 and at his request the account was closed. The customer was also called on 08/14/2013 in an attempt to resolve his concerns and allow him to receive the last service to which he was contractually obligated rather than reimburse the full $160 discount. Mr. [redacted] refused all offers for an amicable solution and was adamant the account remain closed. At Mr. [redacted]’ request the account remained closed and he was billed for the discount which was given him as he was willing breaking contract.

Mr. [redacted] not only initialed that he understood that he would have to reimburse the initial discount given if canceling prior to fulfilling the year, but “authorize[d] Alterra to apply each charge stipulated in this agreement to my checking, savings, or credit card account as indicated.” This signed authorization is found right below the calendar section of the agreement and is not only clearly worded, but clearly signed by Mr. [redacted]. As a courtesy we did not automatically charge the credit card we had on file and afforded him the opportunity to pay at his convenience over the next 30 days. After 120 days attempting to collect the valid debt owed by Mr. [redacted] the account was turned over to a third party collection agency. This occurred on 12/19/2013.

Consumer

Response:

Review: [redacted]

I am rejecting this response because:

Alterra has placed a lot of focus on their service agreement. Alterra has also placed a lot of focus on the fact I signed and initialed both the "Service Agreement" and the "Welcome to Alterra's four season protection plan". Alterra has stated that by signing and initialing these documents and the fact that I canceled prior to the 12 month agreement that I am in breach of these two documents. What Alterra is not placing a lot of focus on is their own obligation within those same documents.