top of page

SERVICE TERMS & CONDITIONS

Last Updated: January 19, 2026

​

These Service Terms & Conditions (“Terms”) apply to all Services performed by Golden Hammer Construction, doing business as NightWatch Wildlife Solutions, located at 174 Santa Clara Ave, Oakland, CA 94610 (“Company”, “we”, “us”) to you (“Client”, “you”). By accepting an inspection, quote, work order, or invoice, or by authorizing access to the property where the Services are to be performed (“Premises”) (whichever occurs first), you agree to be bound by these Terms.

​

  • Scope of Work

    • Company provides humane wildlife inspection and eviction services, such as trapping, wildlife exclusion and entry-point repairs, and related cleanup and disinfection services for residential and commercial properties (“Services”). We will provide to you the specific Services set out in the quote or invoice (as applicable) (“Work”).​

    • Once you submit a request for our Services, we will perform an inspection visit, during which we will visit your Premises to identify the source of the problem (“Inspection”). Inspections are limited to areas that are accessible and safe at the time of the visit. After the completion of the Inspection, we will share with you via email a report setting out a description of the issue identified in your Premises, our proposed exclusion method, including the materials that we intend to use (the “Inspection Report”) and a quote setting out the cost of the Services.
      Once you confirm that you wish to proceed with the Services, we will share with you the Work Order, which will set out the exact Services that will be performed (i.e. the Work).

    • We may take before and after photos of our Work in your Premises, which we may use on our social media channels and on our website for marketing purposes. We will make sure that the photos do not include your identifying information. If you prefer that we do not use photos depicting the work performed in your Premises, you must notify us in a timely manner.

    • You acknowledge and agree that:

      • Company may place or leave traps, one-way doors, barriers, bait stations, traps, cameras, monitors, exclusion devices, signage, or other equipment or materials, or other equipment at the Premises as part of the Work (“Equipment”). Your acceptance of a Work Order includes acceptance of the use of such Equipment. You are responsible for keeping all occupants, children, visitors, and pets away from the Equipment and for supervising the Premises while Equipment is present. To the maximum extent permitted by law, Company is not responsible for any injury, illness, or property damage suffered by you or any third party arising from contact with, misuse of, or interference with the Equipment while it is on the Premises, except to the extent caused by Company’s gross negligence or willful misconduct (or other liability that cannot be waived under applicable law);​

      • the Work is limited to wildlife/pest control work and is not intended to achieve a cosmetic or decorative finish. The Work may involve visible materials (including foam, sealant, mesh, flashing, hardware cloth, or other patch materials) and the final outcome may not match visually existing surfaces, textures, paint, or finishes. Company is not responsible for aesthetic finishing, including drywall/plaster finishing, sanding, texturing, painting, staining, trim work, or color matching, and any such work is not within our scope of Services;

      • concealed entry points may exist. If discovered, we will notify you of the additional costs (if any) and we will submit a new quote or request that we amend the existing Work Order to reflect the additional Work, fees, and schedule accordingly. We will not proceed with out-of-scope work, unless you have agreed in writing (text or email shall be sufficient); and

      • wildlife activity may result in residual odors, biological waste, or ectoparasites (fleas/ticks) in inaccessible areas. Unless specifically included in the Work Order, the Services do not include demolition to remove trapped carcasses in inaccessible voids or deep cleaning of biological waste.

​

  • Client Obligations

    • You must provide timely and safe access to all necessary areas of the Premises, including (as applicable) attic, crawlspace, roofline, garage, and utility areas.​

    • You must not move, remove, disable, open, reset, cover, or otherwise tamper with the Equipment. If you (or anyone else, except for us) interfere with the Equipment and that interference (i) compromises the effectiveness of the Services, (ii) creates a safety risk, or (iii) causes delay, rework, or loss of progress, Company may suspend the Services until conditions are restored and you agree that Company may be required to re-install the Equipment. If we are required to reinstall the Equipment, we will charge for any additional visits, labor, and materials required to reinstall, replace, or reset the Equipment (including a new trip charge and an updated quote, as applicable).

    • You are responsible for promptly disclosing to Company any known or suspected hazards or unsafe conditions at the Premises, whether concealed or visible, that could affect the Services or our safety. This includes, by way of example,
      electrical hazards, unstable structures or flooring, roof hazards, sharp objects, needles, human or animal waste, hazardous chemicals, mold/asbestos/lead concerns, pest-control chemicals previously applied, aggressive animals/pets, security systems, or restricted or locked areas. If we encounter an undisclosed hazard or unsafe condition, we may stop or postpone the performance of the Services until such risk is addressed, and you will be responsible for the payment of any resulting delays, additional visits, or additional precautions/materials required to proceed safely.

    • You are responsible for any damage to Equipment or Company materials arising out of your (or any of your guests, agents, invitees) negligence or interference with the Services. Company will calculate the costs associated with such
      damage, delays, or rework, and such amounts will be added to the total fees payable for the Services or set off against any amounts otherwise due to you.

​

  • Fees, Payment, and Cancellation

    • We will invoice you in accordance with the fees set out in the Work Order or quote once the Work is completed. Any inspection fees are due immediately after the Inspection has been completed, unless otherwise agreed by Company.​

    • All fees, including cancellation fees, and payments for Services are non-refundable, except to the extent Company is the direct cause of the issue or delay. Without limiting the foregoing, no refund will be owed where additional time, rework, delay, or a compromised outcome results from conditions at the Premises, including (i) Client interference with Equipment, (ii) undisclosed or unsafe hazards/conditions at the Premises, or (iii) lack of access, third-party interference, or other circumstances outside Company’s control. If Company is the direct cause of the issue or delay, we will use commercially reasonable efforts to cure the issue, and any refund (if any) will be limited to the portion of fees attributable to the affected Services.

    • Payment is considered late if not paid within 3 days after the Work has been completed. All late payments are subject to the greater of: (i) a late fee of 1.5% per month; or (ii) the maximum amount permitted by applicable laws.

    • Unless otherwise stated, all Work Orders and quotes are valid for 14 days from the date of issuance, after which they expire. You acknowledge that wildlife activity is unpredictable, consequently, if you wish to proceed with a quote or
      Work Order after this 14-day period, we may require a new Inspection, which shall be subject to a new Inspection Fee, to ensure that the scope of work has not changed.

    • If you cancel less than 48-hours before scheduled Services that were either agreed via the phone or set out in a Work Order or quote, a fee of $200 becomes due immediately.

    • Any work that goes beyond the initial quoted scope of Services, may incur additional costs and we will provide you with a new Quote or Work Order for such additional services.

​

  • Liability

    • Company will use commercially reasonable care while performing the Work. If Company directly causes physical damage to the Premises, caused solely by Company’s negligence, Company’s responsibility (at its reasonable discretion) will be limited to either: (i) repairing the damaged area to substantially the same condition as immediately prior to the Work, or (ii) reimbursing the reasonable, documented cost of such repair, provided that Client:​

      • notifies Company in writing of any alleged damage within 24 hours of discovering it and no event later than 3 calendar days after completion of the Work; and​

      • provides Company with a reasonable opportunity to inspect and cure the damage.

​

For the avoidance of doubt, Company shall not be responsible for damage or loss caused by pre-existing conditions, concealed defects, normal wear and tear, wildlife/pest activity, weather, third parties, or Client interference.

​

​​

  • To the maximum extent permitted by law, Company’s total liability under these Terms of Service is limited to $1,000. Nothing in this clause limits liability for gross negligence or willful misconduct where such limitation is not permitted by
    law.​

​​

  • ​Warranties and Disclaimers

    • Workmanship Warranty: Company offers a 1-year warranty against failure caused by the animal entering through the specific points Company repaired.

    • ​Company will perform the Services in a good and workmanlike manner, consistent with industry standards.

    • Disclaimer of Warranties TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY DOES NOT MAKE ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. You acknowledge that wildlife behavior is unpredictable and conditions at the
      Premises can change. Company does not guarantee the permanent elimination of wildlife or the prevention of future infestations. Specifically, Company is not responsible for: (i) wildlife entering through any point other than the specific
      barriers installed by Company; (ii) new points of entry caused by wildlife, settling, storm damage, or construction; (iii) damage, modification, repair, or disturbance caused by you or any third party of the exclusion materials, including subsequent handyman or contractor work that impacts the exclusion area; and (iv) hidden damage, rot, mold, structural defects, or contamination that was not reasonably observable and/or mentioned by you.

    • Methods, timing, and disposition may be constrained by applicable laws and species protections. Company will not perform unlawful work and may modify the approach to remain compliant with such laws and regulations.

​

  • Indemnification

    • Client agrees to indemnify, defend, and hold harmless Company and its officers, employees, and agents from and against any and all liability, claims, losses, damages, and expenses (including reasonable attorneys’ fees) arising out of or
      related to (i) Client’s negligence or willful misconduct, (ii) Client’s breach of these Terms, or (iii) any undisclosed hazards at the Premises (including environmental or safety hazards or aggressive animals), except to the extent caused by
      Company’s gross negligence or willful misconduct.

 

  • Insurance and Licensing

    • Company maintains General Liability, Pest Control, and Wildlife Control insurance coverage, appropriate for the nature of the Services. Company is licensed in accordance with applicable state laws and regulations, including Trapping License via The California Department of Fish & Wildlife.

​

  • General

    • These Terms shall be governed by and construed in accordance with the laws of California. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Alameda County, California.

    • In the event of any dispute, the parties agree to first attempt to resolve the dispute amicably through good faith negotiation. In the event that Company and Client can’t resolve the dispute within 30 business days, the parties may submit the dispute to mediation with costs shared equally between the parties.

    • In any legal action to enforce these Terms (including collection of unpaid invoices), the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs.

​

By providing us with access for the Inspection and/or accepting the quote or Work Order via email, text, phone call, or other mode of communication, you agree to these Terms.

bottom of page