Serving Pasco County, Spring Hill Area, New Tampa, and Surrounding areas | 1-833-519-POOL (7665)

SERVICE AGREEMENT

This Agreement for Services is made effective immediately, by and between the “Customer”, and POOLfection LLC of 30610 Summer Sun Loop, Wesley Chapel, Florida 33545. (the "Company"). 

1. DESCRIPTION OF SERVICES. POOLfection LLC will provide to the Customer the following services (collectively, the "Services"):

POOLfectionPLUS -    Weekly

  • Clean all skimmers and pump baskets.

  • Backwash filter and inspect pump operation.

  • Clean filter, as needed. 

  • Vacuum pool as needed.

  • Top skim debris from surface as needed.

  • Brush pool and spa steps and walls as needed.

  • Lubricate O-Rings.

  • Monthly Vacuum Water Conditioning. 

  • Check chemicals and add when necessary.

  • Chemicals Included

  • Chlorine

  • Shock

  • Sodium Bicarbonate (Baking Soda)

  • Cyanuric Acid (Stabilizer)

  • Muriatic Acid

    Salt (1 bag per 90 days)

  • *All other service or chemicals added to your pool shall be billed at time of service or Company shall have the prerogative to bill customer for extra services on customer’s monthly service invoice.  Should water chemistry issues occur between visits which are not the fault of extreme weather or equipment failure, such additional service shall be performed WITHOUT ANY COST to the customer. 

  • Pools with salt chlorinators will incur a $75 cleaning fee quarterly per the manufacturers recommended service.

  • Company agrees to carry all necessary insurances including but not limited to: Liability, Property Damage, & Workers Compensation, when necessary.

POOLfection LLC will not be responsible for:

  • Maintaining pool and spas water level. (water should be midway up the skimmer return)

  • Cleaning and/or removal of scum, oil, or mineral deposits from the tile or pool finish.

  • POOLfection LLC is not responsible for any damages or deterioration caused by failure of a Customer to perform other services recommended by POOLfection LLC, or by failure of Customer to properly maintain pool and equipment between visits.

  • Excess debris in pool due to acts of nature, vandalism, fire, misuse, abuse, or lawn maintenance.

  • Customer should be aware of normal deterioration of equipment that occurs over time due to exposure to chemicals, sunlight, and, in some cases, other corrosive materials. (i.e. salt)

  • Keeping all trees, plants, and shrubs trimmed back from the pool.

  • Lost animals.

  • Covers need to be removed, gates unlocked, and animals put up before the technician arrives.

  • Please contact POOLfection LLC at least 7 days in advance if you will be out of town for an extended period or before a party or special event that will cause your service to be rescheduled.

Exclusions, Exceptions, and Additional Charges:

  • The Parties agree that circumstances can arise that affect or prevent POOLfection LLC from performing pool and/or spa maintenance such as the weather, an illness, or a holiday. 

  • If your service day falls on a holiday the service will be performed on the day prior or the day after.

  • POOLfection LLC will be closed, and service will not be provided one week during the summer (Customer will be notified of the week in advance), Thanksgiving week, and Christmas week. 

  • These dates are already accounted for in calculating the monthly service fee, therefore, no credit is due.

  • If the service day falls during inclement weather.  We will attempt to check the equipment, baskets, and chemicals.  However, the safety of our technicians will be the decision factor in if service will be performed that week. 

  • Additional labor charges will be billed at a rate of $18 per each additional 15 mins. i.e. Storm Cleanup, Excessive Debris, and any other situations out of the normal scope of work for your swimming pool. 

  • If you have a landscape service.  There will be an additional charge of $85.00 for a return trip if leaves or debris is carelessly blown into the pool.

  • Customer must ensure POOLfection LLC has access to the service area on the scheduled service day, including gate entry codes, lock combinations, security guard verification, and pets relocated from pool/spa area. 

  • If POOLfection LLC is unable to access the service area for any reason, services will not be performed that week & Customer shall not be entitled to credit.

  • In the event of an emergency, POOLfection LLC will make every effort to return your calls and answer emails. Emergency services are provided at a separate agreed upon rate quoted on a case-by-case basis.

  • Other expenses not included in your monthly charge: equipment repairs, start-ups, specialty chemicals not clearly listed in above Agreement.

2. PAYMENT. Payment shall be made to Company in the total amount outlined in their agreement before the first scheduled service of that month in regular payments per month until termination of this Agreement.   A late fee of $15 will be applied after an account goes past due for more than 3 business days. An additional $15 dollar late fee penalty will be applied every incremental ten business days from the previous late fee until the original balance due PLUS all accumulated late fees are paid and current.

In addition to any other right or remedy provided by law, if the Customer fails to pay for the Services when due, POOLfection LLC has the option to treat such failure to pay as a material breach of this Agreement & may cancel this Agreement and/or seek legal remedies.

3. TERM. This Agreement may be terminated by either party upon 30 days' prior written notice to the other party. Company agrees to service Customer’s pool/spa as stated above providing Customer keeps all pool equipment & interior finish of pool/spa in good condition.  Customer agrees to keep in good repair all gates, walkways, & other pool areas, as necessary.  Customer understands & acknowledges that he/she is responsible for all costs relative to servicing and/or repairing of said pool/spa.  All equipment necessary to proper servicing of pool/spa shall be paid in accordance with the same terms & conditions as the monthly service invoice.

4. DEFAULT. The occurrence of any of the following shall constitute a material default under this Agreement:

a. The failure to make a required payment when due.
 
b. The insolvency or bankruptcy of either party. 

c. The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency. 

d. The failure to make available or deliver the Services in the time and manner provided for in this Agreement.

5. REPAIR CONSENT: Repairs to the pool equipment may be made by Company without pool owner’s prior consent, in an amount not to exceed $100, including parts and labor.  Repairs over the aforementioned amount shall be approved orally or in writing by the customer.

6. ATTORNEYS' FEES AND COLLECTION COSTS. If there is dispute relating to any provisions in this Agreement, the prevailing party is entitled to, and the non-prevailing party shall pay, the costs and expenses incurred by the prevailing party in the dispute, including but not limited to all out-of-pocket costs of collection, court costs, and reasonable attorney fees and expenses.

6.1 REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Agreement (including without limitation the failure to make a monetary payment when due), the other party may terminate the Agreement by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 7 days from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such time shall result in the automatic termination of this Agreement.

7. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Agreement. This Agreement supersedes any prior written or oral agreements between the parties.

8. SEVERABILITY. If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

9. AMENDMENT. Agreement may be modified in writing by mutual agreement between parties, if the writing is signed by the party obligated under the amendment.

10. GOVERNING LAW. This Agreement shall be construed in accordance with the laws of the State of Florida.

11. NOTICE. Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.

12. ATTORNEY'S FEES TO PREVAILING PARTY. In any action arising hereunder or any separate action pertaining to the validity of this Agreement, the prevailing party shall be awarded reasonable attorney's fees and costs, both in the trial court and on appeal.

13. CONSTRUCTION AND INTERPRETATION. The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort.

14. ASSIGNMENT & MARKETING. The Company retains the right to transfer this Agreement to another service provider, and client authorizes POOLfection LLC to use pictures, renderings, or other visualizations for marketing purposes in both physical and digital formats.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date first above written.

The Pool Cleaning Pros with the Sparkling Reputation.

We take pride in providing refreshing service that leaves a lasting impression.