Terms and Conditions

These Terms and Conditions apply to European Wasp inspections, trapping, trap servicing and nest treatment provided by Wasp Man Australia (ABN 99 496 304 177), part of Xterminator Feral Solutions. The same terms apply to residential, commercial and rural customers. Words with capital letters, such as “Contractor” and “Landholder”, are defined in section 31.

Last updated: September 2026

1. Commencement and Acceptance of Contract

1.1 Booking a service, accepting a quote or paying for services constitutes acceptance of these terms by the Landholder.

1.2 This Contract commences on the date executed by the parties, or on the date the Landholder accepts these terms under clause 1.1, unless otherwise specified.

1.3 This Contract remains in force until such time as it is terminated under the provisions of this Contract.

2. Scope of Contract

2.1 Wasp Man Australia is part of Xterminator Feral Solutions. The parties agree that this Contract for European Wasp control activities and any matters arising from it are entirely separate to any other aspect of the Contractor’s businesses and professional activities, including the feral animal control services of Xterminator Feral Solutions.

2.2 So far as is permitted by law, the parties agree that no matter in relation to any aspect of this Contract or its performance will be raised against any professional or other business activity of the Contractor.

3. Australian Consumer Law

3.1 Nothing in this Contract excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified.

3.2 Any exclusion or limitation of the Contractor’s liability in this Contract applies only to the extent permitted by law.

4. Contracts with Non-landholders

4.1 In so far as the terms are applicable, a Non-landholder Contractee agrees that they will be bound by the terms of this Contract as if they were the Landholder receiving the European Wasp control services of the Contractor.

4.2 Where this Contract is between the Contractor and a Non-landholder Contractee, the parties agree that the Contractor may also enter a contract with the Landholder on whose property the services are to take place or acquire some other form of written consent.

5. Invoicing and Invoicing Third Parties

5.1 Invoices are payable on the date of issue. The Contractor reserves the right to take enforcement action for any invoices that have not been fully paid after 30 days.

5.2 Failure to pay an invoice on time may result in the cessation of European Wasp control activities until full payment is made. The Contractor will not be liable for any change in European Wasp numbers or compliance with any permits or obligations during this time.

5.3 Any concerns relating to invoices must be raised within 7 days of the issue of the invoice. The Contractor may vary an invoice only to reflect additional work agreed with the Landholder, or otherwise with the Landholder’s agreement after giving the Landholder reasonable notice of the proposed change.

5.4 Where invoicing is based on a per-nest cost, the Landholder is entitled to personally inspect the destroyed nests or see images of the destroyed nests before paying any invoices. Where invoicing is not based on a per-nest cost, invoices are payable regardless of whether the Contractor presents destroyed nests or photographs to the Landholder.

5.5 The parties agree that expenses related to the services provided under this Contract may be invoiced to the Landholder. Invoiced amounts will reasonably reflect the outlay to the Contractor, but the Landholder acknowledges that the invoiced amounts for expenses may vary from the actual expense incurred.

5.6 Where invoices are made out to third parties or entities, the terms of this Contract apply as if the invoices were made out to the Landholder.

5.7 The Landholder warrants that invoices made out to third parties or entities will be paid according to the terms of this Contract.

5.8 The parties agree that any contract or agreement between the Landholder and another entity in regard to European Wasp control activities is entirely separate from this Contract and in no way varies the terms of this Contract between the Contractor and the Landholder.

5.9 Billing rates are those set out in the Contractor’s quote. The Contractor may change its rates by giving the Landholder reasonable written notice before any future work. A change in rates does not affect work already booked.

5.10 Where GST or other taxation is applicable, the amount of GST or other taxation will be listed as a separate item on all invoices.

5.11 The parties may enter an agreement for a lump sum cost for the provision of services over a certain period. The quotation for a lump sum agreement may be based on an existing rate card.

5.12 Where a lump sum agreement is agreed upon, it becomes entirely payable within 30 days of the issue of an invoice. The parties agree that the final amount invoiced may be adjusted to reflect the actual services provided, and this may be more or less than the originally quoted amount.

6. Control Methods

6.1 The Contractor reserves the right to use any form of European Wasp control and equipment it deems appropriate in the circumstances.

6.2 The parties acknowledge that where a Landholder requests that a particular type of control activity be used or excluded, the Contractor is in no way responsible for any specific outcome.

6.3 All Lethal Control Activities, including nest treatment and destruction, will be conducted according to applicable legislation. Where approval is needed from a governing body to commence Lethal Control Activities, the Contractor will not undertake any Lethal Control Activities until the requisite approval has been obtained.

6.4 The Contractor may request confirmation that all notification requirements have been met and may refuse to undertake some or all Lethal Control Activities until the confirmation is received.

6.5 Where multiple parties are conducting European Wasp control activities on the property, the Contractor may request further details about the identity of the other people undertaking the control activities, the location of the control activities, the number and types of traps, baits, insecticides and materials used, and other relevant information. The parties agree that the Contractor will in no way be liable for any actions of any other people in relation to European Wasp control on the property.

6.6 The Contractor reserves the right to refuse to participate in control activities or to continue control activities at any point. The parties agree that any control activities or plans may be varied by the Contractor at any time, subject to governing regulations.

6.7 The Contractor will not be liable for any interference with or misuse of traps, baits, insecticides or materials by the Landholder or any other person. If the Landholder or any other person unacceptably interferes with any traps, baits, insecticides or materials, the Contractor may cease all control activities and report the conduct to the relevant authorities.

6.8 Where traps or baits are required to be monitored at regular intervals, the Contractor may vary the frequency with which traps or baits are placed, checked or replaced in order to accommodate its availability. Other factors such as weather, product availability, the presence of people, pets or livestock, and notification requirements may all affect the frequency and extent of control activities.

7. Inspection and Monitoring Equipment

7.1 The Contractor may place cameras or other Inspection and Monitoring Equipment on the property as part of any European Wasp control activities. The parties agree that the amount invoiced for any monitoring activity may vary from invoice to invoice.

7.2 Cameras or other equipment placed on the property will remain in the possession of the Contractor at all times.

7.3 Where cameras or other equipment are placed on the property, the Contractor may provide details of their general locations to the Landholder on request.

7.4 The Contractor will not place cameras in or near places that would reasonably be expected to be near human habitation or main access paths without the prior consent of the Landholder.

7.5 If cameras obtain images of a private or confidential nature, the Contractor will destroy those images and will not circulate them to any other person. This clause does not extend to images that imply illegal activity of any kind.

7.6 The Landholder will be responsible for any interference with cameras or other equipment while they are on the property.

7.7 Any damage to or interference with cameras or other equipment by the Landholder or their equipment or agents will result in the cost of repair or replacement being payable by the Landholder.

7.8 At the discretion of the Contractor, the Landholder may be responsible for the repair or replacement of cameras or other equipment damaged or stolen by trespassers.

7.9 Damage to or loss of cameras or other equipment caused by livestock or natural events will not be the responsibility of the Landholder.

7.10 The Contractor may use any form of Inspection and Monitoring Equipment it sees fit for the performance of this Contract.

8. Biosecurity

8.1 The Landholder will notify the Contractor of any biosecurity risk in relation to the property that they are aware of or become aware of throughout the duration of this Contract.

8.2 The Landholder will disclose the existence of any biosecurity management plans or other biosecurity orders in relation to the property. These plans or orders must be provided to the Contractor on request.

8.3 The Landholder may request that the Contractor undertake biosecurity control measures, including washing vehicles and equipment, entering biosecurity management agreements and complying with any directive issued by authorities responsible for biosecurity management.

8.4 The Contractor reserves the right to refuse to access the property or any part of the property, or to deal with any biosecurity matter in whatever way it sees fit.

8.5 Nothing in this Contract creates any liability on the Contractor for breaches of biosecurity or bio-contamination or any loss or damage therefrom, whether actual or perceived, and any such liability is expressly excluded.

9. Permits

9.1 Where a species cannot be harmed, or a control activity cannot be undertaken, except under a permit, the Contractor will not undertake that activity unless a valid permit is held. The Contractor may contact the relevant authority to verify the validity of any permit issued and reserves the right to refuse to undertake the activity until confirmation of a valid permit is obtained.

9.2 The Contractor may provide assistance with the permit application process but does not guarantee that a permit will be issued, or will be issued on the terms requested by the Landholder.

9.3 If the conditions of a permit are inconsistent with any term of this Contract, the conditions of the permit will be followed in priority without affecting the validity of this Contract.

9.4 The Landholder warrants that they will comply with all conditions of any permit issued to them in which the Contractor is involved.

9.5 The Contractor will in no way be liable for any breach of any permit by the Landholder or any other person.

10. Notification of Neighbours and Authorities

10.1 Where required by law, the Contractor will notify any relevant authorities before the commencement of any European Wasp control activities. Notification will only be conducted prior to an initial attendance at a property and may not be required prior to any subsequent activities on the property.

10.2 The Contractor will fulfil any notification requirement in relation to any European Wasp control activities as required by law. Any non-compulsory additional notification may be conducted by the Landholder. The Contractor will not be responsible for the accuracy or completeness of any notification conducted by the Landholder.

11. Property Boundaries

11.1 The property to which this Contract applies is identified by the attached Maps and descriptors. The Contractor will not conduct any activities outside the property boundaries.

11.2 The Landholder warrants that any boundary mapping is accurate and that they will be responsible for any discrepancies. The Landholder also warrants that their boundary fencing is accurately located on the surveyed boundary.

11.3 Where the Landholder does not have authority to enter this Contract in relation to any part of the property or any adjoining property, no service will be provided on the parts for which authority has not been granted until such time as the parties with authority have entered into a contract with the Contractor.

11.4 The parties acknowledge that separate contracts will need to be entered for each property held by a different landholder, including where the different landholdings are adjacent to or traverse the property subject to this Contract. The Contractor will not provide any European Wasp control services on any property for which a contract or other legally valid consent is not held.

12. Access to Property

12.1 The Landholder may limit or vary access to various parts of the property from time to time. Any restriction on access must be communicated to the Contractor a reasonable time before any scheduled access is to commence and must be in terms that can be adequately converted to a map.

12.2 Limitation on access that has the effect of preventing adequate performance of the European Wasp Control Service may prevent the Contractor achieving the desired results. The Contractor has discretion whether to carry out a scheduled service in this situation. Where the Landholder’s limiting of access makes effective servicing difficult, or the Contractor decides not to attend due to the access limitation, the Landholder will be liable only for the reasonable costs actually incurred by the Contractor and for work actually done.

12.3 The parties agree that the Contractor will be able to access the property on foot or by vehicle. The Landholder acknowledges that some impact on the land may result from these access methods and agrees that the Contractor will not be liable for any damage that would reasonably be expected to result from access by these methods.

12.4 Where the zoning of the property or any conservation guidelines apply to the property or any part of it, the Contractor may be unable to conduct certain European Wasp control activities or may be restricted in how those activities are carried out.

12.5 The Landholder will notify the Contractor of any known zoning or conservation guidelines applicable to the property and may be required by the Contractor to provide documentation of those guidelines or zoning rules.

13. Property Information

13.1 The Landholder will provide the Contractor with Relevant Property Information on request. The Contractor will not be liable for any loss or nuisance resulting from a failure by the Landholder to disclose Relevant Property Information.

14. Safety

14.1 Before any service, the Landholder will tell the Contractor about anyone at the property who is known to be allergic to wasp or bee stings.

14.2 The Landholder will keep people and pets away from the work area during a service and for a reasonable time afterwards, as advised by the Contractor.

14.3 Access to roofs and roof spaces, and any work using ladders or at height, is at the Contractor’s discretion having regard to safety.

14.4 The Contractor may decline or postpone any work that it reasonably considers unsafe.

15. Frequency of Servicing

15.1 The parties may agree on any frequency of servicing, subject to regulatory requirements. The fact that a long time passes between services does not affect the validity or currency of this Contract.

15.2 Where a service is scheduled for a specific date or time, the Landholder acknowledges that the start and finish times of that service will vary according to conditions and the availability of the Contractor.

15.3 A service scheduled for an evening, at any particular time or general time of day or night, will be deemed to mean that permission to service the property is given from within a reasonable time either side of that time until sunrise the next day, unless otherwise stated.

15.4 A service scheduled for daytime, at any particular time or general time of day or night, will be deemed to mean that permission to service the property is given from within a reasonable time either side of that time until nightfall that day, unless otherwise stated.

16. Cancellation of Scheduled Control Activities

16.1 Where the Landholder cancels a previously scheduled European Wasp control activity less than 24 hours before it is scheduled to commence, the Landholder may be required to pay all or part of the cost as if the service had been provided. If the cancellation is weather or legal related, no invoice for the cancelled service will be payable, provided the parties agree that the weather or legal situation made the service impracticable.

16.2 For servicing activities that have a regulatory requirement of frequency, such as baiting and trapping, the Contractor will in no way be liable for any breach of regulatory servicing requirements where the Landholder has prevented access to the relevant parts of the property. In this situation, the Contractor may communicate the withdrawn access to the relevant authorities.

16.3 Where the Contractor cancels a scheduled service in a situation where there is a regulatory requirement for servicing, it will notify the Landholder of the cancellation and of the requirement for the servicing to occur by a specific time. The Contractor may also notify the relevant authorities if the regulatory deadline for servicing is not met.

16.4 The Contractor may cancel or reschedule a scheduled service by giving the Landholder reasonable notice. If the Contractor cancels a service, it will refund any amount the Landholder has prepaid for services not yet provided. To the extent permitted by law, the Contractor will not be liable for any other loss suffered by the Landholder or their affiliates from the cancellation or rescheduling.

17. Use of Equipment

17.1 Where the Contractor uses any equipment owned by or under the control of the Landholder for the purposes of performing services under this Contract, it will not be liable for any wear and tear to the equipment reasonably expected from normal use.

17.2 The Landholder warrants that any equipment loaned or offered for use by the Contractor is in fit and safe working order.

17.3 The Contractor will not be liable for any loss or damage caused by or resulting from the use of any equipment loaned or offered for use by the Landholder, whether to third parties, property or otherwise.

17.4 The Contractor specifically excludes liability for the cost of repair or replacement of any equipment loaned to it by the Landholder, provided the loss or damage to the equipment occurred in the course of normal use of the equipment.

18. Ownership of Images and Sounds

18.1 Any images, footage or sounds taken on the property in the course of the performance of this Contract remain the property of the Contractor. Subject to section 24, the Contractor may use the footage, images or sounds in any way it sees fit.

18.2 Images or footage obtained may be provided to the Landholder on request for their personal use only.

19. Destroyed Wasps and Nests

19.1 Disposal of destroyed European Wasps and nests onsite will be at the instruction of the Landholder, subject to what the Contractor considers reasonably practicable in the circumstances. The time taken to dispose of destroyed wasps and nests onsite will be billable as part of normal control activities.

19.2 Any wasp or nest suspected of carrying a disease will not be removed from the property, and the Contractor may report the presence of the disease to the relevant authorities.

19.3 Invoicing rates will include the time taken to remove destroyed European Wasps and nests from the site.

19.4 The Landholder acknowledges that offsite disposal of wasps and nests may not be possible for all properties or situations and that fees may apply for offsite disposal.

19.5 Where the Landholder requests that destroyed European Wasps and nests be buried, the Landholder is responsible for digging and filling in the burial pits. The Contractor will not be liable for any smells, contamination or regulatory breaches resulting from the burial or disposal of any wasps or nests by the Landholder.

19.6 Where the Landholder requires the Contractor to dispose of destroyed wasps or nests in a specific manner, such as by burial or incineration, the Landholder will be liable for the cost of hiring any professionals, labourers, machinery or materials to undertake that form of disposal, in addition to the time taken to obtain, operate and return any machinery or equipment used.

20. Noise and Other Disturbances to People, Neighbours and Animals

20.1 The parties acknowledge that the European Wasp control services may involve disturbances for landholders, pets, livestock, neighbours and others. These disturbances may include vehicle noise, blocking of tracks, lights, equipment sounds, wasp remains, gate opening and shutting, talking, radio traffic, visual impacts and smell.

20.2 The occurrence of reasonable disturbances will not vary any obligation to pay invoices for services provided.

20.3 The parties acknowledge that the Contractor may see, hear or obtain material of a private or confidential nature during performance of this Contract. The Contractor will manage any such information according to the provisions set out in this Contract and as required by law.

21. No Guarantee of Results

21.1 The Contractor in no way guarantees that any aspect of its activities will lead to a particular result. While best efforts will be made, the Landholder acknowledges the risk of unfavourable outcomes, including that:

• wasps may move to another location, including a less favourable or more inaccessible location;
• additional nests may appear;
• wasps may move onto neighbouring properties;
• wasps may become more invasive or aggressive.

21.2 The parties acknowledge that factors including terrain, the size and shape of the property, vegetation, weather and the number of European Wasps will all affect the outcomes of any European Wasp control activities.

21.3 The Landholder acknowledges that any European Wasp control activities on the property by any party other than the Contractor may affect the results of services provided under this Contract.

21.4 The Contractor may request that the Landholder provide details of any other European Wasp control activities conducted on the property, including the nature, frequency and location of those activities.

21.5 The Contractor will not be liable for any damage caused by European Wasps during or after the term of this Contract.

22. Warranty

22.1 Any warranty or guarantee the Contractor gives for its services is as set out in the Contractor’s quote or invoice for those services. Section 21 does not limit a warranty or guarantee set out in a quote or invoice.

22.2 To the extent permitted by law, any such warranty or guarantee is void if the Landholder, or anyone acting on the Landholder’s behalf:

• uses Third-party Products on the treated area, nest or traps, for example shop-bought wasp sprays, insecticides, baits, traps or lures; or
• interferes with the Contractor’s traps or equipment.

22.3 This section does not affect the consumer guarantees under the Australian Consumer Law (see section 3).

23. Conflicts of Interest

23.1 The parties will disclose any conflicts of interest or duty before executing this Contract.

23.2 Where a conflict of interest or duty arises after this Contract is executed, the relevant party will inform the other parties as soon as practicable.

23.3 The party with the conflict of interest may enter a written declaration of conflict of interest with the other parties. Such a declaration will be taken to mean that full disclosure of the conflict of interest or duty has been provided.

23.4 Where either party refuses to execute a written declaration of conflict of interest, services under this Contract may be suspended by the remaining parties until such time as a declaration of conflict of interest is executed.

23.5 A conflict of interest or duty will not result in this Contract being invalid except as required by law.

24. Confidentiality

24.1 The parties agree that the terms of this Contract will remain private and confidential except as required under this Contract or by law. This does not apply to these published standard terms or to information that is publicly available.

24.2 The following will specifically remain confidential unless otherwise agreed in writing:

• the location of the property;
• the number of nests treated and other results;
• any imagery that would reasonably identify the property or the parties;
• pricing and invoicing terms;
• licence and insurance details;
• the professional identity of any of the Contractor’s personnel.

25. Insurance

25.1 The Contractor warrants that it will maintain an adequate level of public liability insurance at all times for all activities performed under this Contract.

26. Subcontracting and Employees

26.1 The parties agree that the Contractor may subcontract any aspect of any activity under this Contract to another person or entity.

26.2 Where the Contractor subcontracts services under this Contract, the Landholder will be informed before the Subcontractor undertakes any control activities. The Landholder may request that additional conditions be applied to work performed by the Subcontractor, provided the conditions do not substantially affect the performance of this Contract.

26.3 Where the Contractor subcontracts or employs another individual or entity to perform any service under this Contract, it warrants that the Subcontractor or Employee is appropriately licensed and qualified to perform the tasks.

26.4 The Contractor is in no way liable for any conduct, damage or loss caused by any Subcontractor or Employee outside the scope of services provided under this Contract.

26.5 The Landholder agrees that neither they nor their affiliates will enter any contract or agreement with any Subcontractor or Employee of the Contractor for any service of the same or a similar nature to those provided under this Contract. This clause applies to current and former Subcontractors and Employees for a period of 12 months after the person or entity ceases to be subcontracted or employed by the Contractor, or 12 months after this Contract is terminated, whichever is later.

27. Termination of Contract

27.1 This Contract may be terminated by the parties at any time by mutual written agreement.

27.2 Where one party unilaterally purports to terminate this Contract, they must give the other parties written reasons for terminating the Contract. On receipt of these reasons, the remaining parties may agree to the termination in writing or may request further details to be provided within seven days. If further details are provided, the remaining parties may agree to the termination, request a variation of the Contract or enforce its terms. If no further details are provided, the remaining parties may agree to the termination, seek a variation or enforce the terms of this Contract.

27.3 The parties reserve the right to take any action to enforce this Contract and any of its terms.

27.4 The parties agree that each party has a right to be provided with details of any accusations made against them and to respond to any such accusations before this Contract is terminated.

27.5 All invoices for work done under this Contract must be paid regardless of whether the Contract has been terminated.

27.6 The Contractor reserves the right to take any action necessary to protect its reputation and interests both while this Contract is in force and after its termination.

27.7 The Contractor reserves the right to terminate this Contract in the event of:

• any defamatory conduct by, or linked to, the Landholder; or
• any breach of privacy or confidentiality,

and reserves the right to pursue any action to protect its character, reputation, privacy and confidentiality.

28. Severance

28.1 Any part of this Contract found to be invalid or unenforceable may be severed without affecting the remainder of the Contract.

29. Governing Law

29.1 The laws of New South Wales as they apply from time to time govern the interpretation and enforcement of this Contract and any other matters arising from it. This does not remove any rights that a Landholder in the Australian Capital Territory has under ACT law that cannot be excluded.

30. Whole of Agreement

30.1 This Contract, together with the Contractor’s quote and invoice for the services, is the entire agreement between the parties.

31. Definitions

For the purposes of this Contract, the following definitions apply:

• “Australian Consumer Law” means Schedule 2 to the Competition and Consumer Act 2010 (Cth).
• “Contractor” means Wasp Man Australia (ABN 99 496 304 177) and any Subcontractors or Employees.
• “Control Activity” and “European Wasp Control Activity” mean any form of onsite activity under this Contract.
• “Employee” means any person or entity employed by the Contractor to perform any services under this or a similar contract at any time, and includes that person or entity’s affiliates, successors and assigns.
• “European Wasp” means Vespula germanica.
• “European Wasp Control Service” means the business carried on by the Contractor in relation to European Wasp control.
• “Inspection and Monitoring Equipment” includes cameras, binoculars, thermal imaging and torches.
• “Know of” and “aware of” mean actual knowledge, implied knowledge or things that either party ought reasonably to have knowledge of.
• “Landholder” includes any person, or their agent, who is the owner, tenant or manager of the land on which the services under this Contract are to take place. For the purposes of notification of an activity under this Contract, Landholder may include the person who is located on the property or has custody of it.
• “Lethal Control Activity” includes nest treatment and destruction, baiting, trapping, and any other activity with the primary object of killing European Wasps.
• “Maps” include physical maps, printed satellite images, printed maps, GPS data, digital maps and hand-drawn maps.
• “Non-landholder Contractee” means any person, entity or association with authority over, or representing the interests of, any Landholder on whose property the European Wasp control services of the Contractor are to occur.
• “Offsite” means anywhere that is not onsite.
• “Onsite” means the property subject to this Contract, including its fixtures, the airspace above it, bodies of water and underground areas.
• “Relevant Property Information” includes the types, numbers and locations of livestock and pets; the location of gates, fences, water bodies, obstacles and known hazards to the Contractor or any of its assets; the location of neighbours and conservation areas; biosecurity matters; previous European Wasp sighting locations and times; and the locations of other property attendees, workers and volunteers.
• “Servicing” means providing a service under this Contract, whether on the subject property or otherwise.
• “Subcontractor” means any person or entity contracted by the Contractor to perform any services under this or a similar contract at any time, and includes that person or entity’s affiliates, successors and assigns.
• “Third-party Products” means any product not supplied or applied by the Contractor, including shop-bought wasp sprays, insecticides, baits, traps and lures.

Questions about these terms: call 1300 492 777 or email help@waspman.com.au.