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TERMS OF SERVICE

(Updated: 02/15/2025)

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IMPORTANT: CONTINUED USE ACCEPTANCE

BY USING OUR SERVICES, PAYING AN INVOICE, OR ALLOWING US TO CONTINUE POOL SERVICE AT YOUR PROPERTY, YOU AGREE TO THESE TERMS. IF YOU DISAGREE, YOU MUST CONTACT US IMMEDIATELY TO CANCEL SERVICE.

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1. INTRODUCTION & ACCEPTANCE

  1. Who We Are

    • These Terms of Service (“TOS”) govern all pool and spa maintenance services provided by Scott’s Pools & Spas (“Company,” “we,” “us,” or “our”) to you (“Client,” “you,” or “your”).

  2. Scope of Services

    • These terms apply to weekly pool and spa maintenance for residential and commercial properties (collectively, “Services”).

    • Effective February 15, 2025, bi-weekly service will no longer be offered.

  3. Continued Use Means Acceptance

    • You do not need to sign this agreement monthly. Instead:

      • Paying an invoice,

      • Receiving a service visit, or

      • Continuing to use our Services in any way
        = full acceptance of these terms.

    • If you disagree with these terms, you must contact us before your next service date to discontinue service.

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2. SERVICES PROVIDED

  1. Weekly Maintenance Includes:

    • Cleaning: Brushing, vacuuming, and skimming.

    • Water Chemistry: Testing and standard balancing (chemicals included).

    • Filter & Equipment Check/Cleaning: Basic inspection of pumps, baskets, filter(s) etc.

    • Service Schedule: We aim for 48 visits per year (one per week).

  2. What’s NOT Included in Routine Service:

    • Equipment repairs, storm clean-ups, black algae treatments, or extra chemical use due to unresolved pool issues (see Section 6 for additional costs).

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3. SCHEDULING & PROPERTY ACCESS

  1. Weekly Visits

    • One service visit per week, aiming for 48 visits annually.

  2. Holiday & Weather Skips

    • We may skip or reduce service up to 4 times per calender year due to:

      • Major Holidays: New Year’s Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving, Christmas.

      • Extreme Weather: Flooding, storms, hurricanes, or conditions unsafe for our technicians.

    • No credits or refunds apply for holiday/weather-related skips.

  3. Access Requirements

    • You must provide safe, unobstructed access by keeping gates unlocked or providing a lock code/key. If we cannot access the pool/spa due to locked gates, hazards, or obstructions, the visit will be skipped without refund or credit. Missed visits do not count toward the 4 annual skips.

  4. Pets & Safety

    • All pets, especially dogs, must be secured indoors or away from the work area.

    • If a technician perceives a safety risk (loose or aggressive animals), the visit will be skipped without refund or credit.

  5. Natural Disasters

    • In hurricanes, floods, or other extreme weather events, services may be suspended for safety reasons.

    • Missed or partial services due to disasters do not qualify for refunds or credits.

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4. SEASONAL & ENVIRONMENTAL ADVISORIES

  1. Cold Weather Advisory

    • Salt generators can fail or be damaged in cold temperatures.

    • We will switch to shock or alternative treatments as needed.

    • We are not responsible for salt system damage due to cold weather.

  2. Pollen Advisory

    • Heavy pollen seasons can create a yellowish ring or residue at the waterline.

    • While we strive to minimize build-up, heavy pollen is beyond our full control.

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5. INVOICING & PAYMENT

  1. Billing Schedule

    • Invoices are issued monthly, either:​

      • In Advance: Billed on the 1st of the month for the current month’s services.

  2. Payment Methods

    • Check: Due by the 15th of each month.

    • Credit Card/ACH: Auto-charged on the 1st of each month.

  3. Card on File & Chargeback Waiver

    • By providing a credit card, you authorize us to charge it for monthly services and any additional approved charges.

    • Chargeback Waiver: You permanently waive the right to dispute charges for completed services.

  4. Late & Declined Payments

    • Late payments may incur fees (15% after 15 days, 25% after 30 days). If payment remains unpaid for 90 days, the account will be sent to collections

    • Declined cards will be reprocessed automatically on the next billing cycle.

  5. Rate Adjustments

    • We reserve the right to modify pricing (e.g., due to fuel or chemical cost increases). You will receive 30 days’ notice before any rate change.

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6. ADDITIONAL COST SERVICES

The following are NOT covered in routine maintenance and may incur additional charges:

  • Storm Clean-Up (hurricane debris, glass/fecal matter, vomit, or other bodily fluids.).

  • Black Algae & Phosphate Treatments requiring extra chemicals or visits.

  • High Bather Load requiring unscheduled extra visits.

  • Equipment Repairs beyond minor adjustments.

  • Debris from Landscaping/Pressure Washing requiring additional cleanup.

  • Permitting & Commercial Compliance for equipment changes, if required.​

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7. CANCELLATION POLICY

  1. Month-to-Month Term

    • Services continue automatically each month unless canceled by you or us.

  2. How to Cancel

    • To cancel, you must notify us before your next billing cycle.

    • If you cancel mid-month—there is no partial-month refunds.

  3. Commercial Customers (If Applicable)

    • Annual commercial contracts auto-renew unless 30-day notice is provided before renewal.

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8. LIABILITY & DISCLAIMERS

  1. Limited Warranty

    • We provide Services in a professional manner and will re-perform any unsatisfactory service visit as our sole obligation and your exclusive remedy.

  2. No Responsibility for Outside Factors

    • We are not responsible for:

      • Algae blooms or clarity issues caused by client neglect, power outages, or water leaks.

      • Acts of God (hurricanes, flooding, extreme weather).

  3. Class Action Waiver & Liability Cap

    • Class Action Waiver: Any disputes must be handled individually—no class or group actions.

    • Liability Cap: Over six (6) months, our maximum liability is the total amount you have paid us for Services.

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9. RIGHT TO MODIFY TERMS

  • We may update these TOS at any time.

  • Updates become effective 30 days after posting on our website.

  • Continued use of Services after the effective date means you accept the updated terms.

 

​10. INTELLECTUAL PROPERTY & UNAUTHORIZED USE

  • The content, structure, and language of these Terms of Service (TOS) are proprietary to Scott’s Pools & Spas and are protected under copyright and intellectual property laws.

  • Unauthorized use, reproduction, modification, or distribution of these terms by other companies, competitors, or individuals for commercial gain is strictly prohibited.

  • Any person or entity found copying, adapting, or using these terms for their own business without written permission will be subject to legal action, including but not limited to monetary damages and injunctions.

  • We actively monitor for unauthorized use and will pursue all available legal remedies to protect our intellectual property.

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11. CONTACT US


📞 904-364-0028
📧 sales@scottspools.net
🌐 https://scottspools.net

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Thank you for choosing Scott’s Pools & Spas! If you have questions, please reach out. We’re here to keep your pool pristine and worry-free!

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