TERMS OF SERVICE
This Agreement is made this day between Blue Envy Professional Pool Service, Inc. (hereinafter “Blue Envy”) and Customer for services to be provided.
The Parties agree that Customer has requested service from Blue Envy to perform pool maintenance at the address specified in Customer's Portal Profile. The Parties agree that this is a monthly Service Agreement and Customer agrees to pay Blue Envy monthly by the 15th of each month for the services to be provided that month. The Parties agree that in the event Customer fails to pay by the due date as required by this Agreement, the agreement shall be terminated and Customer shall be required to pay the pool service fee for one month as liquidated damages.
I. Service Frequency and Fees:
1. Blue Envy will provide pool service once a week at the Customer’s address stated in Customer's Portal Profile. Customer agrees to pay a monthly pool service fee for each month of service as determined at time of initial consultation.
2. The Parties agree that circumstances can arise that affect or prevent Blue Envy from performing pool maintenance such as the weather, an illness, or a holiday. In such event, Blue Envy may elect to postpone pool service for one week, not to exceed 5 weeks each year.
3. However, in no event shall pool service be provided during the weeks of Thanksgiving and Christmas.
4. In the event of inclement weather on the scheduled day of service, the pool will be cleaned to the extent weather permits and only chemicals will be added or service will be rendered on the next available service day if weather creates unsafe service conditions during normal scheduled service day.
5. Customer must ensure Blue Envy 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 area. If Blue Envy 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. Customer may request a return trip for an additional service fee of $35 at the discretion of Blue Envy based on route planning.
6. In the event of an emergency, Blue Envy will make every effort to return your calls and answer emails as soon as possible. Emergency services are provided at a separate agreed upon rate quoted on a case by case basis.
7. Vacation/Holidays: Blue Envy will be closed and service will not be provided as follows:
One week during the summer (Customer will be notified one month in advance)
Week of Thanksgiving
Week between Christmas and New Year
*These dates are already accounted for in calculating the monthly service fee. Therefore, no credit is due.
1. Blue Envy shall provide the following services each week:
Proper chemical balancing to maintain sanitary and clear pool water.
Netting water surface to remove floating debris.
Brushing pool surfaces to inhibit algae growth.
Vacuuming of pool floor as deemed necessary by technician.
Routine cartridge filter cleaning and inspection or backwashing of D.E. filter, if applicable.
Visual inspection of pool equipment and notification of any necessary repairs or issues.
***IMPORTANT***: Unless otherwise noted, Customer is responsible for maintaining proper water level. Blue Envy will not be held responsible for damage to pool equipment or other property due to improper water levels. Recommended water level is typically MID-TILE.
2. All chemicals used during weekly service are included in the monthly service fee.
3. Filter cleaning is included as part of the monthly service rate but will only be cleaned every other month, unless extra service is required. Additional filter cleanings above the standard of 6x’s/year will be charged at $35/cleaning, Filters MUST be properly maintained in order for Blue Envy to perform proper maintenance service. If your pool is exposed to excessive foliage inside the pool enclosure OR is unscreened, your filter may require an above average number of cleanings each year.
4. All additional labor charges will be billed at a rate of $75/hour for extra-billable services such as: storm cleanup, excessive debris, and any other situations out of the normal scope of work for your swimming pool.
III. Equipment Install and/or Replacement:
Replacement parts are not included in the monthly service fee. Replacement parts under $100 will be ordered for the customer immediately and invoiced separately to the Customer. Parts greater than $100 shall require Customer authorization in advance of the part order.
New equipment installs, repairs, replacement of existing equipment (including but not limited to modifications to plumbing or electrical components, lighting, filters, pumps, etc.) is outside the scope of work Blue Envy provides at this time due to licensing restrictions in the state of Florida. These services are referred to a number of local, licensed contractors to complete. Customer will negotiate directly with these contractors, however Blue Envy will maintain continuous communication with the contractor to provide pertinent information to the customer or contractor as needed. Customer will be notified in writing when these services are required and multiple referrals will be provided if needed.
Customer agrees to pay Blue Envy 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 Section II.: Services above.
1. Blue Envy accepts Cash, Check and/or Credit Card payments. Each monthly payment must be received by Blue Envy, in full, by the 15th of each month for that month’s scheduled service. It is a trust system. Blue Envy trusts that Customer will pay their bill and performs 2 monthly service visits before the due date. Customer trusts that after making payment, Blue Envy will provide remaining service visits for the month. If Customer has not paid their bill by the 15th, a payment reminder will be sent. If customer does not pay by the 20th of the month, a 10 Day Service Cancellation Notice will be sent. This gives the customer 10 days to bring their account current or risk being in default (see below).
2. If customer would like to set-up automatic billing, we can provide portal access to store a credit card on file. ALL credit card information will be kept on file and held for use by Blue Envy only. By providing this information through the payment portal, Customer is authorizing Blue Envy to charge the Card on File for all services provided to Customer by Blue Envy pursuant to this Pool Service Agreement. If the card on file does not cover payment of the monthly service fee, and any additional charges that may become due and payable, Customer will be issued a past-due notice on the 15th. If payment is not received by the 30th of each month, Customer will be in default.
3. In the event of Default, services will be postponed and Customer will assessed a late fee penalty of $25. If Customer fails to cure the default, the Parties agree that Blue Envy 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 Blue Envy for damages suffered as a result of the inability of Blue Envy to anticipate Customer’s default and immediately fill the void created by the default with a new customer.
Blue Envy 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). The CUSTOMER is responsible for maintaining correct water level at all times. Also, Blue Envy is not responsible for any damages or deterioration caused by failure of a Customer to perform other services recommended by Blue Envy, or by failure of Customer to properly maintain pool and equipment between visits. Records of maintenance or repair recommendations are held in each customer file for this reason.
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 Blue Envy 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 at the offices of Blue Envy.
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 Lake County District Judge or an agreed upon mediator. The mediation shall take place in Lake County, Florida. This Agreement shall be construed and is governed under the laws of the State of Florida.