Terms of Service

Residential Pool Maintenance

IMPORTANT NOTICE: PLEASE NOTE THAT THESE TERMS INCLUDE A CLASS ACTION WAIVER. PLEASE REVIEW THESE PROVISIONS BEFORE PURCHASING OUR RESIDENTIAL PRODUCTS OR SERVICES.

General

These Terms of Service ("TOS"), as may be updated periodically by 9pool Service, LLC, a limited liability company, along with its subsidiaries, affiliates, predecessors, successors, and assigns ("9pool Service," "us," "we," and/or "our"), establish the terms governing your purchase and/or use of our products and services (collectively, the "Services"). You ("Client," "you," and/or "your") and 9pool Service are collectively referred to as the "Parties," and individually as a "Party." This TOS outlines our responsibilities to you and your responsibilities to us in relation to any Services you acquire or otherwise utilize. These TOS specifically apply to our residential pool maintenance services.


By signing up for our products or services, you acknowledge that you have read, understood, and agree to be bound by this TOS, as well as any other applicable rules, policies, terms, or agreements that may be established by us from time to time, and which are incorporated here by reference. You may also purchase additional Services (the "Additional Services") from us, our partners, or third parties, which may have separate service agreements or terms, and it is your responsibility to review, accept, and comply with those terms.


These Terms of Service may be revised periodically by posting updates on our website.

Services

Please consult the Residential Start-Up Sheet for a detailed list of Services included in your plan. Additional fees apply for Salt Cell Cleaning, Quad Filter Cleaning, and DE Filter Cleaning. These services can either be scheduled on a recurring basis at a discounted rate or as needed at full price.

Invoicing, Payment Termes and Credit Card Authorization

You will receive an invoice on the first day of each month for Services provided the previous month. If you prepay, you will be charged on the first day of the month for Services delivered during the current month.


For check payments, they must be received by the 15th of the month. Credit card or ACH payments will be processed on the first day of the month.

By choosing to pay by credit card, you authorize 9pool Service to charge your card for any Services rendered. Any work outside of your regular Services will be billed to your card upon completion. All repairs require a payment method on file, which will be charged upon completion. 9pool Service reserves the right to impose a credit card processing fee at its discretion.
No prior notice will be provided before the scheduled charge. However, 9pool Service will seek authorization for additional charges for any services not previously agreed upon.

Your credit card will continue to be charged for Services rendered until a final bill is generated upon the termination of Services. If your credit card fails to process, the outstanding balance will appear at the bottom of your statement. Payments declined due to insufficient funds will be retried on the first Friday of the month. If the 1st is a Friday, the declined balance will be retried the following Friday.

By paying for the Services via credit card, you irrevocably waive any right to a ‘chargeback’ (disputing, reversing, or contesting a charge) against these payments for any reason. If 9pool Service is unable to charge your payment method for any amount owed, or if we receive notice of a chargeback, payment dispute, or penalty for any fee we previously charged, you agree that we may pursue all available legal remedies to collect payment.

Service Term and Cancellation Policy

Service cancellations requested during a month will become effective at the end of that month. No refunds will be issued for partial months of service.

Additonal Cost Services

9pool Service will take reasonable measures to maintain your pool in a safe and healthy condition. This may involve recommending additional services at extra cost if they fall outside the normal scope of work, such as:

• Chemical surcharges due to unrepaired pool leaks

• Phosphate or Black Algae treatments

• Draining pools to reduce TDS levels.

Storm or special clean-up events.

• Removal of broken glass or fecal matter.

• Significant water level adjustments or removal of excess water due to a malfunctioning overflow system.

• Additional visits due to high bather loads as defined by permit.

• Clean-up following landscaping or pressure washing that leaves debris in the water

• Extra cleaning for newly resurfaced pools requiring intensive start-up procedures

• Use of specialized chemicals to maintain clear, balanced water, including coagulants, algaecides, or flocculants.

• Additional cleaning due to equipment issues or changes, which may cause downtime.

• Permitting services for equipment changes.

• Supervisor visits or maintenance if the client assumes some of the cleaning duties.

Pre-authorization Amount

To keep your pool clean and operational, you authorize us to perform wear-and-tear repairs up to $99 without additional approval. This might include repairs such as fixing a basket, pump lid, O-ring, or pressure gauge. Prompt attention to these repairs helps prevent larger issues.

Natural Disasters

In the case of natural disasters (e.g., hurricanes, tornadoes, major flooding), 9pool Service reserves the right to prioritize the safety of our team and customers. This may result in partial or missed services, which will not be credited.

Temporary Fuel Surcharges

You agree that any temporary fuel surcharges imposed are not intended to directly offset 9pool Service’s costs and may include profit.

Holidays

To provide a positive work environment, 9pool Service observes holidays, including New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, and Christmas week. During these holidays, we aim to ensure that pools remain in good condition and are well-stocked with chemicals. No credit will be given for services skipped during these planned holiday closures.

Limited Warranty and Disclaimer

9POOL SERVICE WILL PROVIDE SERVICES IN A TIMELY AND PROFESSIONAL MANNER CONSISTENT WITH INDUSTRY STANDARDS. YOUR SOLE REMEDY FOR ANY FAILURE TO MEET THESE STANDARDS IS THE RE-PERFORMANCE OF THE NON-CONFORMING SERVICES. UNLESS OTHERWISE EXPRESSLY STATED, ALL OTHER WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, 9POOL SERVICE IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, PUNITIVE, OR THIRD-PARTY DAMAGES ARISING OUT OF YOUR USE OF OUR SERVICES OR THIS TOS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, DATA LOSS, OR COSTS OF SUBSTITUTE SERVICES. IN NO CASE WILL 9POOL SERVICE’S TOTAL LIABILITY EXCEED THE AMOUNT PAID BY YOU IN THE THREE MONTHS PRIOR TO A CLAIM.

Indemnitication

You agree to indemnify and hold 9pool Service and its affiliates, partners, employees, and agents harmless from any claims or losses arising from your use of the Services, your breach of these TOS, or your violation of any third-party rights.