Services Provided

1.     The Client hereby agrees to engage the Contractor to provide the Client with services (the "Services") consisting of:

• Pool maintenance / regularly scheduled consistent pool service

Customer is responsible for always maintaining proper water levels. Recommended water level is mid-tile (or mid-level of entry way of pool skimmer).  Best Pool Cleaning Co will not be responsible for damage occurred due to low water levels. All chemicals used during weekly service are included in the monthly service fee. If a pool is excessively dirty or has more than average debris a second cleaning will be charged.

Term of Agreement

3.     The term of this Agreement (the “Term”) will begin on the date signed.  In the event that you wish to terminate this Agreement, Best Pool Cleaning Co will require 5 days written notice.  After written notice is received a termination confirmation email will be sent with your last pool service date. If any credits are due for the month of termination a refund will be given for those service days. Any unpaid invoices will need to be resolved before the account is closed.

4.     The Parties agree that circumstances can arise that affect or prevent Best Pool Cleaning Co from performing pool and/or spa maintenance such as weather including road conditions or closures. In the event of inclement weather on the scheduled date of service, the pool and spa will be cleaned to the extent that the weather and safety of Best Pool Cleaning Co employees permits. Only chemicals will be added when heavy rain, lightning or thunder are present. Furthermore, no refunds will be given in the event that your service is cancelled due to inclement weather.

5.     Customer must ensure Best Pool Cleaning Co 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 the technician 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.

6.     Vacation/ Holidays: Best Pool Cleaning Co will be closed and service will not be provided as

follows: 1) New Year’s Day, Memorial Day, July 4th and Labor Day 2) Thanksgiving week 3) Christmas week. These dates are already accounted for in the calculating the monthly service fee. Therefore, no credit will be given for these dates. In the event of an emergency during the dates listed above, Best Pool Cleaning Co will make every effort to provide great customer service. Emergency services are provided at a separate agreed upon rate quoted on a case by case basis.  

Performance

7. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.

Currency

8. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in USD (US Dollars).

Compensation

9.     For the services rendered by the Contractor as required by this Agreement, the Client will provide the agreed upon compensation to the Contractor.

10.  Payments are automatically charged to a credit card or by bank draft on the 1st of every month that Best Pool Cleaning Co will keep on file.  Payments made are for the current month of pool service. If you begin service in the middle of the month you will be prorated by the number of weeks your pool was serviced. Any other charges that occur will be sent to you by email estimate and require email approval from you. Once the estimate is approved and the work is completed your account will automatically be charged for the approved amount to the payment method on file. Payment method must be set up before service begins.

11.  Any billing changes or updates that occur will need to be communicated to Best Pool Cleaning Co. After 15 days of non-payment pool services will stop until payment is made. There will be no refunds for missed service due to delinquent payment. Best Pool Cleaning Co has the right to terminate services at any time.

Reimbursement of Expenses

12.  The Contractor will be reimbursed from time to time for reasonable and necessary expenses incurred by the Contractor in connection with providing the Services under this Agreement.

13.  All expenses must be pre-approved by the Client. Invoices submitted by the Contractor to the Client are due within 10 days of receipt.

Penalties for Late Payment

14. Late payments of $20.00 will be applied to the monthly bill after 14 days (2 weeks) of non-payment.

Confidentiality

15.  Confidential information (the "Confidential Information") refers to any data or information relating to the business of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.

16.  The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Contractor has obtained, except as authorized by the Client or as required by law. The obligations of confidentiality will apply during the term of this Agreement and will end on the termination of this Agreement.

17.  All written and oral information and material disclosed or provided by the Client to the Contractor under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Contractor

Ownership of Intellectual Property

18.  All intellectual property and related material (the "Intellectual Property") that is developed or produced under this Agreement, will be the property of the Contractor. The Client is granted a non-exclusive limited-use license of this Intellectual Property.

19.  Title, copyright, intellectual property rights and distribution rights of the Intellectual Property remain exclusively with the Contractor.

Return of Property

20. Upon the expiry or termination of this Agreement, the Contractor will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client if requested.

Capacity/Independent Contractor

21. In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them and is exclusively a contract for service.

Notice

22. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing (which includes email) and delivered to the Parties of this Agreement as follows:

o info@thebestpoolcleaning.com or to such other address as any Party may from time to time notify the other.

Indemnification

23. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, stockholders, affiliates, officers, agents,  employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, stockholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.

Additional Clauses

24.  Best Pool Cleaning Co cannot be held responsible and / or liable for damage accrued in service of brushing pool: Walls, Decks, Tile, Floor or any existing faulty construction.

25.  Best Pool Cleaning Co cannot be held responsible and / or liable for damage to Pumps, Appliances and Pool Equipment, Plumbing, wiring or any fault of improper installation or old / brittle and faulty equipment.

26.  Best Pool Cleaning Co cannot be held responsible for any latent or unseen defects to equipment, existing water to include but not limited to:  algae, calcium, scale build up, stains, degrading water quality or color, improper circulation, filtration, water illnesses, bacteria, viruses, facility safety, record keeping and maintenance systems.

Dispute Resolution

27.  In the event a dispute arises out of or in connection with this Agreement, the Parties will attempt to resolve the dispute through friendly consultation.

28.  If the dispute is not resolved within a reasonable period, then any or all outstanding issues may be submitted to mediation in accordance with any statutory rules of mediation. If mediation is unavailable or is not successful in resolving the entire dispute, any outstanding issues will be submitted to final and binding arbitration in accordance with the laws of the State of Texas. The arbitrator's award will be final, and judgment may be entered upon it by any court having jurisdiction within the State of Texas.

Modification of Agreement

29. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.

Time of the Essence

30. Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.

Assignment

31. The Contractor will not voluntarily or by operation of law assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.

Entire Agreement

32. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.

Enurement

33. This Agreement will ensure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.

Titles/Headings

34. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.

Gender

35. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.

Governing Law

36. It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of Texas, without regard to the jurisdiction in which any action or special proceeding may be instituted.

Severability

37. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

Waiver

38. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.