Terms of Service

The Parties agree that Customer has contracted with Atlantic Pools also referred to as AP to perform pool and/or spa maintenance at the address specified above. The Parties agree that this is a monthly Service Contract and Customer agrees to pay AP monthly in advance of the services to be provided that month. The Parties agree that in the event Customer fails to pay in advance of service being provided as required by this Agreement, the contract shall be terminated, and Customer shall be required to pay the pool service fee for one month as liquidated damages.

Service Frequency and Fees: AP will provide pool service once a week at the Customer’s address. Customer agrees to pay a monthly pool service fee of $__________ plus tax in advance each month for the service. The designated date of service each week is____________ Customer may request pool service twice a week for an additional $__________ a month plus tax.

The Parties agree that circumstances can arise that affect or prevent AP from performing pool and/or spa maintenance such as the weather, an illness, or a holiday. In such event, AP may elect to postpone pool and spa service for one week.

In the event of inclement weather on the scheduled date of service, the pool and spa will be cleaned to the extent weather permits and only chemicals will be added.

Customer must ensure AP 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 AP is unable to access the service area for any reason, services will not be performed that week and Customer shall not be entitled to a credit.

Vacation/Holidays: AP will be closed, and service will not be provided as follows: 1) Summer 3 days for training 2) Thanksgiving 3 days & 3) Christmas 3 days. These dates are already accounted for in calculating the monthly service fee. Therefore, no credit issued. In the event of an emergency, AP 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.

Services: AP shall provide the following services each week:

•Pool vacuumed as needed
•Pool surface skimmed as needed
•Filter backwashed as needed
•Leak baskets cleaned
•Pump baskets cleaned
•Pool equipment operation inspected
•Pool walls, floor, and tile to be brushed as needed
•Water tested and balanced each week

Customer is responsible for water levels during the week. Recommended water level is MID-TILE. All chemicals used during weekly service are included in the monthly service fee. Filter cleaning is NOT included as a monthly service and will only be cleaned every 6 months, unless extra service is required. Filters MUST be properly maintained for AP to perform proper maintenance service.

All standard service is billed at a rate of ½ hour, and any additional labor charges will be billed at a rate of $15 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.

Repairs: Repairs are not included in the monthly service fee. Repairs under $75 will be performed immediately and charged separately to the Customer. Repairs greater than $75 shall require Customer authorization in advance of the repair.

Pricing: Customer agrees to pay AP the monthly service fee stated above as well as any additional costs that may be incurred for repairs or services that are in addition to the services specified in paragraph 2 above. Additionally, Customer shall incur an additional charge of $___________ every 6 months for filter cleaning.

Payment: AP accepts Check E-draft and Credit Card payments. Each monthly payment must be received by AP, in full, before the FIRST scheduled service for that month. For example, the monthly payment for January service must be received by AP before Customer’s first scheduled service for January.

If the card or bank account on file does not cover payment of the monthly service fee, and any additional charges that may become due and payable, Customer shall be in default. In the event of default, services will be postponed, and Customer will assess a late fee penalty of $25. If Customer fails to cure the default, the Parties agree that AP shall suffer liquidated damages as a result of the Customer’s default in the amount of $25 per week or one (1) additional month’s service fee, whichever is less. Customer agrees that the liquidated damages are in addition to the monthly service fee that remains due and payable and are intended to compensate AP for damages suffered as a result of the inability of AP to anticipate Customer’s default and immediately fill the void created by the default with a new customer.

Credit Card, and/or Bank check information will be left on file and automatically deducted each month. There is a 2.95% convenience charge on all payments made via Credit Card. 4.95% for American Express. Customer is authorizing AP to charge the Card on File for all services provided to Customer by AP pursuant to this Pool Service Agreement.

Disclaimer: AP shall not be responsible for any damage to property due to acts of nature, fire, vandalism, misuse, or abuse. 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/ chlorine). The CUSTOMER is responsible for maintaining correct water level at all times. Also, AP is not responsible for any damages or deterioration caused by failure of a Customer to perform other services recommended by AP, or by failure of Customer to properly maintain pool and equipment between visits.

Termination: The Parties agree that this Agreement is a monthly service agreement that continues from month to month until terminated. The Agreement may be terminated by either Party. However, the Parties further agree that Customer shall give AP thirty (30) days advance written notice of Customer’s termination of this Pool Service Agreement. Such written notice may be delivered in person, by email, or by text.

Mediation: The Parties agree that any future disputes between them arising under this Agreement shall be submitted to a half day mediation before a former or retired Harris County District Judge or an agreed upon mediator. The mediation shall take place in either Harris County or Fort Bend County, Texas. This Agreement shall be construed and is governed under the laws of the State of Texas