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Terms & Conditions

This agreement is made on this Date: _______________                               

 

by and between Spectrum Pool Services (hereinafter referred to as “SPS”) and  

 

*DBA: 

 

*Address:  

 

The purpose of this agreement is for SPS to perform either pool and/or spa maintenance as described below, to the CUSTOMER for a fee, to be paid as described below.

 

1. Frequency of Service: The frequency of service to be provided by SPS:

 

Please Check Option:      _____Twice Weekly     _____Weekly     _____Monthly/Hourly     _____One Time Service

  • All service options require the CUSTOMER to maintain the pool/spa in between routine servicing as agreed to above. This may include skimming the pool and emptying traps (skimmer and pump baskets). Failure to perform standard tasks may result in unbalanced chemistry and increased cost to the CUSTOMER.

  • CUSTOMER is not bound to the frequency of service for the length of the agreement. CUSTOMER is entitled to change said frequency by notifying SPS two weeks in advance of changing said frequency. This does not include termination of service. Both parties must agree. Rates are subject to change.

  • The CUSTOMER represents that he/she is legally able to receive work at the address provided upon which the swimming pool/spa work is to be performed and that no existing covenants or restrictions hinder the performance of such work.

  • Under all circumstances the CUSTOMER shall furnish and be responsible for the cost related to furnishing water, fuel and power for the services and maintenance of their pool/spa.

  • All services require CUSTOMER to maintain proper water levels in pool/spa. SPS will not be held responsible for any damages to the pool, equipment or any other issues that arise because of a low water level in a pool. If water levels are not adequate, SPS will reschedule, and CUSTOMER will be charged for the visit. The water level should stand at a minimum 1/3 the height of the skimmer (weir) entrance. Anything below this minimum is considered low.

  • In the event the CUSTOMER’S pool requires extra cleaning due to poor drainage, acts of nature such as hurricanes, tropical storms or other human factors not caused by SPS, there will be an additional charge on a case-by-case basis. Customers are reminded to not place patio furniture in pool or drain water from pool due to approaching storm.

  • If the pool/spa is covered the technician will not provide service until the CUSTOMER removes said cover.

 

*Please note: SPS will make every effort to accommodate the CUSTOMER’S preferred day of the week. However, SPS reserves the right to perform its services on another day, if necessary. The service technician is not required to communicate the right to perform these services on another day.

 

 2. Missed Service Calls: In the event your service falls on a holiday, service will be resumed next scheduled service day. In the event of rain on your service day, the pool/spa will be cleaned to the extent weather permits. If inclement weather prevents service, it will be made up as soon as possible. If SPS needs to reschedule a visit that was scheduled specifically by the CUSTOMER, a 24-hour notice will be given in addition to another day that would be agreed to work better for both parties.

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 3. Services To Be Performed:

  

*Monthly Service Plan                       *One Time Service

 

*Service Days: _____Monday _____Tuesday _____Wednesday_____ Thursday _____Friday

 

*SPS will furnish all materials, including chemicals, for the monthly service packages or the chosen one-time service. Additional service visits may be needed and billed extra above the normal service fees (e.g. storms, severe algae problems, small animal removal, acts of nature and debris removal caused by another company). All services are performed as needed. Please note that your price is based on a 4-week month (48 weeks out of 52 in a year) These 4 weeks allow for weather, sick days, training and or vacation.

 

4. Pricing: The CUSTOMER agrees to pay SPS the standard amount specified below for the frequency of service indicated above. Any additional service or repairs performed SPS will have a labor rate of $100 per hour. Price does not include parts or chemicals. The monthly price stated below is for a 4-week month.

 

Monthly Service Plan…. $__________________

 

 In addition to the monthly fees stated, if SPS services a portable spa in conjunction with a pool cleaning, a negotiated charge based on a monthly rate of ___________   will be added. Spa draining and cleaning is $100.00 per hour or portion thereof. For visits made, if CUSTOMER does not provide access to pool equipment, CUSTOMER will be charged for one hour of work. All prices are subject to change without written notice.

 

5. Payment:

 

Pre-Pay Payments for services are due the first of each month for the services to be delivered in that month. CUSTOMER’S participating in auto pays and pre-paying with a tender other than a credit/debit card must submit their pre-payments, regardless of a SPS invoice, where the pre-payment is received by SPS by the last day of the month preceding services. Before any work commences or any materials are ordered; a credit card authorization form must be on file with SPS. All invoice disputes must be done upon work completion.

 

6. Initial Startup Visit: It is important the CUSTOMER’S pool be clean, algae free and chemically balanced when we begin your monthly service. For all pools and/or spas, SPS provides the initial startup visit at a charge of $100.00 per hour plus parts (if necessary) and chemicals. The regular monthly service begins on the week after the initial startup visit.

 

7. Late Payments/Fees: Any amount outstanding for 30 or more days will bear interest at the rate of 1.5 percent per month calculated on the amount owed from the date on which it became due and payable until paid. The CUSTOMER explicitly agrees that in the case of default on the terms of this contract they shall be liable for all costs and expenses of collections, including reasonable attorney’s fees, court costs, disbursements and interest on the unpaid balance at 18% annum. Deposited checks that are returned by a bank are subject to a $35.00 fee.

 

8. Chemicals/Filter Media: Chemicals are added each service and are furnished by SPS. This applies for any of the monthly service plans or one-time service listed above. For any additional services, the CUSTOMER will be charged for the parts, chemicals and labor. Additional chemicals can be purchased upon request of the customer. Filter media is not included in the monthly service (Cartridge, Sand or D.E.). Due to the necessity of backwashing a sand or D.E. filter SPS will replace the media if necessary and billed accordingly. Replacing a cartridge filter will require written/verbal approval from CUSTOMER. 

 

As of March 1, 2021, SPS will no longer be charging for phosphate remover, borates, and/or minerals.  Instead, the CUSTOMER will pay $75 two times a year.  This will include:

 

*Minerals *Borates   *Stabilizer/Conditioner (CYA) Orenda Products   *PR10000 Phosphate Removal *SC 1000 Metal and Scale    *CV 600 Enzymes Blue ray XL Blue/ Blue ray XL Black

 

9. Equipment Problems and/or Supplies: If SPS notices a problem with the CUSTOMER’S pool, SPS will contact the CUSTOMER by the end of the day the service was performed. In the event a problem arises, please call our office as soon as possible to authorize a repair service call. SPS will use diligence in troubleshooting and repair procedures; however, simply touching some older components may exacerbate problematic conditions. SPS will not be responsible for damages to outdated or neglected equipment. Furthermore, SPS reserves the right to refuse equipment repairs at any time.

 

10. Repairs: Small repairs under $100.00 will be performed as needed and added to monthly invoice. Repairs EXCEEDING $100.00 will require a written/verbal approval from the CUSTOMER.

 

11.Additional Chemicals: At times, additional chemical will need to be added to PREVENT or REMEDY issues (Shocking, Mineral Sanitizers, Algaecides, Phosphate treatment, Metal Removers, Salt, Conditioner etc...) These are in addition to your monthly service and are NOT included in your monthly price. SPS will not seek approval unless these additional services/chemicals will incur a cost of more than $100 to the CUSTOMER.

 

12. Pets: It is the CUSTOMER’S responsibility to contain and restrain all pets. We will do our best to keep the gates always closed, but we will not be held responsible if a pet gets out while we are performing our work. In addition, the customer accepts responsibility for any injuries inflicted by pets on our technicians. SPS reserves the right to refuse service if the technician feels their life is endanger due to pets in the area in which the work is to be performed.

 

13: Access: The CUSTOMER must provide instant access to the technician on the day of service, either by providing a key or ensuring the pool and equipment area are unlocked on the day of service. If the technician is locked out, there will be a $25.00 charge to return and clean the pool. No refunds will be given for being locked out.

 

14: Salt Chlorinators: SPS understands and appreciates the benefits of salt-water chlorination. However, salt is a corrosive material. SPS will not accept any responsibility of damages, staining, corrosion, or deterioration of any of the pool equipment or surfaces of the pool that may result from the use of salt in the pool. If your pool is equipped with a salt cell system, we will dismantle and clean your salt cell every 3 months at a cost of $25 per cleaning.

 

15. Disclaimer: SPS will not be responsible for any damage to property due to acts of nature, fire, vandalism, God, war, riot, misuse or abuse by the CUSTOMER. SPS is not responsible for the performance of any chemicals it does not provide. CUSTOMER should be aware of normal deterioration of equipment that occurs over time due to exposure to chemicals and sunlight. Due to these factors, SPS recommends other annual services (e.g., annual tune-up of equipment, filter cleaning, etc.) above normal maintenance. The CUSTOMER is responsible for maintaining the correct water level and keeping trees and plants trimmed away from the pool/spa and equipment. SPS is not responsible for any damages or deterioration caused by failure of CUSTOMER to perform other services recommended by SPS as listed above (Section 1). If you have any complaints or concerns regarding frequency or completeness of service, you must call SPS within 24 hours after the service was performed or scheduled. SPS reserves the right to withdraw services, at any time, for any reason. It is recommended for the CUSTOMER to wait four hours after adding chemicals to swim and 24 hours after the pool has been shocked to swim, to protect the CUSTOMER. SPS will not be responsible for injuries/damages to CUSTOMER’S who disregard this.

 

16.Termination: This agreement may be terminated with a 30-day written/verbal notice if the CUSTOMER’S balance paid in full. SPS strives to excel in customer satisfaction but reserves the right, at any time, to withdraw services if customer satisfaction cannot be achieved.

 

17. Our Agreement: Both the CUSTOMER and SPS agree that this written agreement contains all the agreements, understandings, and representation made by both the CUSTOMER and SPS herein. No representation, agreement, warranty or other statement, written or oral, made by SPS, agent or employee, shall be valid and binding unless it is included and made part of this agreement. No amendments, alterations, cancellations or changes to this agreement shall be valid unless it is in writing and subscribed by the CUSTOMER andSPS. The CUSTOMER also agrees not to employ any of SPS

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18. Warranty: SPS warrants that all material used in completing the repair or work contracted herein will be of good quality and performed in a competent and workman like manner. SPS only uses genuine parts provided by distributor.  Should any defects in workmanship occur, SPS will repair any improper workmanship and/or replace and repair defective materials without cost to the CUSTOMER, provided the CUSTOMER has notified SPS of such defects within 24 hours after the completion of this service or repair. Furthermore, this is provided the CUSTOMER has paid SPS in full the agreed price of the work as set forth in this contract and has complied in full of the terms and conditions of the agreement. Equipment, parts or accessories purchased by SPS for use in this service or repair are subject to the manufacturer’s guarantee SPS shall not be responsible for any consequential damages or contingent liability arising out of the failure of any product or its accessories to operate properly. The warranty is limited to the original CUSTOMER of the swimming pool/spa and is not transferable except upon written consent of SPS.

 

19. Indemnification: Owner shall indemnify and hold SPS harmless for any claims or litigation commenced against SPS due to the CUSTOMER’S breach of any provision of this contract.

 

20. Photos/Videos: CUSTOMER agrees to allow SPS to use all photos or videos taken for use of advertisement purposes at the location for which the CUSTOMER SPS work. SPS agrees to not include any personal or identifying information such as street address, license plates, etc. If a CUSTOMER is included in a photo or video, it will be done so with CUSTOMER’S consent.

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