RESIDENTIAL POOL MAINTENANCE
GENERAL
These Terms of Service (“TOS”), either as amended from time to time by Parks Pools, LLC., a limited liability company, its subsidiaries, affiliates, predecessors, successors and assigns (“Parks Pools,” “us,” “we” and/or “our”), between you (“Client,” “you” and/or “your”) and Parks Pools, sets forth the terms applicable to your purchase and/or use of our products and services (collectively, the “Services”). You and Parks Pools together may be referred to herein as the “Parties” and each may be referred to herein as a “Party.” This TOS explains our obligations to you, and your obligations to us in relation to any Services you purchase or otherwise utilize. These TOS apply to our provision of residential pool maintenance services only.
By signing up for our products and/or services, you acknowledge that you have read, understand, and agree to be bound by this TOS, as well as all other applicable rules or policies, terms and conditions, or service agreements that are or may be established by us from time to time and are incorporated herein by reference. You may also elect to purchase additional Services (the “Additional Services”) from us, our partners and/or other third parties, which may have their own service agreements or other related terms and conditions, and it is your obligation to review, accept, and abide by those service agreements or other related terms and conditions.
These Terms of Service may be updated from time to time by posting on the website.
SERVICES
Please refer to the Services page on our website for a list of Services included in your plan. There is an additional charge for Salt Cell Cleaning, Quad Filter Cleaning, and DE Filter Cleaning. These services can be set up on a recurring basis for a discounted cost or scheduled as needed at full charge.
INVOICING, PAYMENT TERMS, AND CREDIT CARD AUTHORIZATION
You will be invoiced on the first day of the month for Services performed the previous month. If you pay in advance, you will be charged on the first day of the month for Services performed in the current month.
If you pay by check, payments are due by the 15th of the month. If you pay by credit card or ACH, you will be charged on the first day of the month.
If you pay by credit card, you hereby authorize Parks Pools to charge your credit card account for Services rendered. Any authorized work outside of your recurring Services will be charged to your credit card account upon completion. All repairs require a method of payment on file, which will be charged upon completion. Parks Pools has the right to charge a credit card processing fee should the company choose to do so.
No prior notification will be provided before charging the credit card on the scheduled date. Parks Pools will seek authorization for additional fees for services not agreed upon.
Parks Pools will continue to charge the credit card for Services rendered until the final bill is generated after the termination of Services. If your credit card fails to process, the balance will be shown at the bottom of your statement. Declined payments due to insufficient funds will be reprocessed on the 1st Friday of the month. When the 1st falls on a Friday, the declined balance will be reprocessed the following Friday.
If Client pays for the Services by credit card or charge card, Client permanently and irrevocably waives any and all right to enact a ‘chargeback’ (that is, a disputed, reversed or contested charge with the applicable bank, credit card, charge card or other payment method) against these payments for any reason whatsoever against Parks Pools. If for any reason Parks Pools is unable to charge your payment method for the full amount owed for the Services provided, or if Parks Pools receives notification of a chargeback, reversal, payment dispute or is charged a penalty for any fee it previously charged to your account or other payment method, you agree that we may pursue all available lawful remedies in order to obtain payment.
SERVICE TERM AND CANCELLATION POLICY
Service cancellations requested during the month will be effective on the last day of that same month. No refunds will be issued for partial months of service.
Parks Pools will make every reasonable effort to maintain your pool in a safe and healthy manner. This may include advising you of additional services that may be necessary at additional cost as they fall outside the normal scope of work, such as the following:
In the event the client is taking on some or all of the cleaning responsibility, there will be an extra charge for a Supervisor visit and for the necessary maintenance.
To have your back and keep your pool blue, clear, and swim-ready, as a customer of Parks Pools, you authorize us to do wear and tear repairs for up to $99 without additional approval and bill for the repair. This could include fixing a basket, pump lid, o-ring, pressure gauge, etc. Fixing these items quickly will reduce pool downtime and minimize larger issues from occurring if items are not fixed in a timely manner.
In the event of a natural disaster such as a hurricane, tornado, major flooding, etc., Parks Pools reserves the right to act in the best interest of the safety of our team and customers. Parks Pools will make every effort to ensure your pool is taken care of and safe. This could result in a partial or missed service which will not be eligible for a credit.
You acknowledge and agree that any temporary fuel surcharge as may be imposed from time to time is not represented to be an offset or pass through of Parks Pool’s costs, and that such Temporary Fuel Surcharge may actually reflect an amount for gross profit or margin.
To provide an enjoyable working environment for employees, Parks Pools will recognize the following holidays throughout the year whereby the business operations will be closed: New-Years Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, and Christmas week. During these holidays, Parks Pools will make every effort to work ahead, and every attempt will be made to make sure the aquatic environment is in excellent condition and chemicals are plentiful to get through each holiday. During the Christmas week holiday, all schedules will be pushed forward one week. Additionally, you acknowledge that no credit will be provided for these planned skipped days of service.
LIMITED WARRANTY AND DISCLAIMER
PARKS POOLS SHALL PROVIDE THE SERVICES IN A TIMELY AND PROFESSIONAL MANNER CONSISTENT WITH INDUSTRY STANDARDS. PARKS POOLS SOLE LIABILITY, AND YOUR SOLE REMEDY, FOR PARKS POOLS BREACH OF THE FOREGOING WARRANTY SHALL BE THE REPERFORMANCE OF THE NON-CONFORMING SERVICES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PARKS POOLS HEREBY DISCLAIMS ALL (AND HAS NOT AUTHORIZED ANYONE TO MAKE ANY) WARRANTIES RELATING TO PARKS POOLS’ SERVICES OR OTHER SUBJECT MATTER OF THIS TOS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE PARTIES ARE NOT RELYING AND HAVE NOT RELIED ON ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING THE SUBJECT MATTER OF THIS TOS, EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PARKS POOLS SHALL NOT BE LIABLE ON ANY THEORY OF LIABILITY, WHETHER IN AN EQUITABLE, LEGAL OR COMMON LAW ACTION ARISING HEREUNDER FOR CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR DAMAGES WHICH, IN THE AGGREGATE, EXCEED THE AMOUNT OF CHARGES PAID OR PAYABLE BY YOU TO PARKS POOLS IN THE SIX (6) MONTH PERIOD PRIOR TO THE CLAIM AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT SHALL PARKS POOLS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND AND HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO BUSINESS INTERRUPTION OR LOSS OF PROFITS, BUSINESS OPPORTUNITIES OR GOODWILL EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGE, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
IN THE EVENT OF ANY CLAIMS OR LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS TOS, YOU HEREBY AGREE THAT YOU CAN ONLY BRING CLAIMS ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR REPRESENTATIVE BASIS.
Parks Pools reserves the right to modify the terms and conditions of this TOS or Parks Pools’ policies relating to the Services at any time, effective upon posting of an updated version of this TOS on the website. Therefore, it is important to check the last updated date posted at the top of this TOS each time you visit the website or use any of the Services to ensure you are familiar with our most updated terms. You are responsible for regularly reviewing this TOS available at all times on the website. Continued use of the Services after any such changes shall constitute your consent to such changes.
Relationship. Neither the making of this TOS nor performance of its provisions shall be construed to constitute either of the parties hereto as an agent, employee, partner, joint venture, employee or legal representative of the other for any purpose whatsoever. The parties’ relationship during the term of this TOS will be that of independent contractors. In all matters relating to this TOS, neither party nor its employees or agents are or will act as employees of the other party in the meaning or application of any laws or regulations that may impute any obligations or liability to the other party by reason of an employment relationship.
Governing Law. This TOS will be governed by the laws of the State of Florida, and the parties consent and submit to the jurisdiction and venue of the State and Federal Courts located in Orange County, Florida.
Severability. If any provision of this TOS or the Exhibits are judged to be invalid or unenforceable, the defective provision shall first be revised, limited or amended, consistent with the general intent of the provision, such that it is valid and enforceable, and the remaining provisions of this TOS shall be unaffected and shall remain enforceable.
Waiver. The failure of either party to require strict compliance with any term of this TOS shall not be deemed to be a waiver of that or any other term of this TOS. No waiver shall be deemed to have been made by either party unless it is expressed in writing and signed by the waiving party. No waiver by either party of any one or more of its rights or remedies under this TOS shall be deemed to be a waiver of any prior or subsequent rights or remedies hereunder or at law.
Headings, Counterparts, and Corporate Warranty. The paragraph headings appearing in this TOS are inserted only as a matter of convenience and in no way define or limit the scope of such paragraph. This TOS may be signed in counterparts which together shall form a single agreement as if the parties had executed the same document.
Entire Agreement. This TOS constitutes the entire agreement between the parties with regard to this subject matter and no other agreement; statement, promise or practice between the parties relating to the subject matter shall be binding on all parties.
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