Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Cole's Pool Service & More ("Company," "we," "us," or "our") concerning your access to and use of our website and services. By accessing our website or engaging our services, you agree to be bound by these Terms.

If you do not agree with all of these Terms, you are expressly prohibited from using our services and must discontinue use immediately. We reserve the right to change or modify these Terms at any time and for any reason. We will alert you about any changes by updating the "Last Updated" date of these Terms.

Your continued use of our services following the posting of revised Terms means that you accept and agree to the changes.

Our Services

Cole's Pool Service & More provides professional pool services including but not limited to:

• New pool construction and design
• Pool renovation and remodeling
• Pool repair services
• Weekly pool maintenance and cleaning
• Deck and hardscaping installation
• Pool equipment installation and repair
• Chemical balancing and water treatment

All services are subject to availability and our acceptance of your service request. We reserve the right to refuse service to anyone for any reason at any time.

Service Agreements and Quotes

Quotes and Estimates

All quotes and estimates provided are valid for 30 days from the date of issue unless otherwise specified. Quotes are based on the information provided and may be subject to change if actual conditions differ from those described. Final pricing will be confirmed before work begins.

Service Contracts

For ongoing maintenance services, we require a written service agreement outlining the scope of work, frequency of service, and pricing. These contracts may have specific terms regarding cancellation, which will be outlined in your individual agreement.

Changes to Service

Any changes to the agreed-upon scope of work must be approved in writing by both parties. Additional charges may apply for work outside the original scope.

Payment Terms

Payment Methods

We accept payment via cash, check, credit card, and electronic payment methods. A convenience fee may apply to certain payment methods.

Payment Schedule

• One-time Services: Payment is due upon completion of service unless otherwise agreed in writing
• Maintenance Contracts: Payment is typically due monthly in advance
• Large Projects: May require a deposit (typically 50%) with the balance due upon completion
• Materials: Customer may be required to pay for materials upfront for large purchases

Late Payments

Invoices not paid within 30 days of the due date may be subject to a late fee of 1.5% per month (18% annually) or the maximum rate permitted by law, whichever is less. We reserve the right to suspend services for accounts with past-due balances.

Disputed Charges

If you believe you have been incorrectly billed, please contact us within 30 days of receiving the invoice. We will work with you to resolve any billing disputes promptly and fairly.

Cancellation and Refund Policy

Service Cancellations

For scheduled service appointments, we require at least 24 hours notice for cancellations. Cancellations made with less than 24 hours notice may be subject to a cancellation fee.

Contract Termination

Maintenance contracts may be terminated by either party with 30 days written notice. Early termination fees may apply as outlined in your service agreement. Any prepaid services will be refunded on a prorated basis.

Refunds

Refunds are issued at our discretion and are typically only provided for services not rendered or materials not used. Once work has begun, refunds are subject to deduction of costs incurred.

Warranties and Guarantees

Service Warranty

We guarantee our workmanship and stand behind the quality of our services. If you are not satisfied with any service, please notify us within 7 days, and we will work to remedy the situation at no additional charge.

Equipment and Materials

Equipment and materials are warranted by their respective manufacturers. We will assist in warranty claims but are not responsible for manufacturer defects. Installation of equipment carries our workmanship warranty for a period specified in your service agreement (typically 1 year).

Pool Construction

New pool construction includes a structural warranty (typically 1-2 years) and a surface warranty (typically 1 year) unless otherwise specified in your construction contract. Specific warranty terms will be detailed in your project agreement.

Limitation of Liability

Insurance Coverage

We maintain liability insurance and workers' compensation insurance as required by law. Our insurance information is available upon request.

Property Damage

While we take every precaution to protect your property, we are not liable for pre-existing damage or damage caused by factors beyond our control (e.g., underground utilities not properly marked, concealed defects, acts of nature). You agree to mark or disclose the location of any underground utilities, sprinkler systems, or other concealed items prior to excavation work.

Maximum Liability

To the fullest extent permitted by law, our total liability for any claim arising out of or relating to our services shall not exceed the amount paid by you for the specific service giving rise to the claim.

Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS SPECIFICALLY PROVIDED IN THESE TERMS. WE DISCLAIM ALL OTHER WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Customer Responsibilities

As a customer, you agree to:

• Provide accurate information about your property and pool system
• Ensure safe access to the work area and pool equipment
• Maintain proper water levels in your pool
• Secure pets during service visits
• Provide timely payment for services rendered
• Notify us immediately of any problems or concerns
• Obtain necessary permits for construction or renovation projects (or authorize us to obtain them on your behalf)
• Mark underground utilities before excavation work begins
• Follow all safety guidelines and recommendations we provide
• Maintain proper chemical balance between service visits if on a weekly maintenance plan

Safety and Compliance

Permits and Regulations

We will obtain necessary permits for work where required. You are responsible for ensuring that any work performed complies with local homeowners association (HOA) rules and regulations.

Pool Safety

Pool ownership carries inherent risks. We strongly recommend installing proper safety equipment including fencing, gates with self-closing/self-latching mechanisms, pool alarms, and pool covers as required by local codes. We are not responsible for accidents or injuries related to pool use.

Chemical Safety

Pool chemicals can be hazardous if not handled properly. Follow all safety instructions provided. We are not liable for injuries resulting from improper chemical handling or storage by the customer.

Intellectual Property Rights

All content on our website, including text, graphics, logos, images, and software, is the property of Cole's Pool Service & More or its content suppliers and is protected by intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any of our content without our express written permission.

Design plans and specifications created for your project remain our intellectual property but grant you a license to use them for your specific project.

Dispute Resolution

Informal Resolution

In the event of any dispute or concern, we encourage you to contact us first to attempt to resolve the matter informally. Most disputes can be resolved through open communication.

Arbitration

If informal resolution is not successful, any dispute arising out of or relating to these Terms or our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Florida.

Class Action Waiver

You agree to resolve disputes with us on an individual basis and waive your right to participate in a class action lawsuit or class-wide arbitration.

Governing Law

These Terms and your use of our services are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Any legal action or proceeding relating to your access to or use of our services shall be instituted in a state or federal court in Florida.

Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

Entire Agreement

These Terms, together with any service agreements, quotes, or other written agreements between you and Cole's Pool Service & More, constitute the entire agreement between you and us regarding our services and supersede all prior agreements and understandings.

Contact Information

If you have any questions about these Terms of Service, please contact us: