Aqua Clear Services Inc. (referred to as “we/our/us” or the “Company”) is a full-service pool and hot tub maintenance company. Persons using any service the Company provides are referred to as “Client(s)” in this document.
1. Initial Term and Renewal
Recurring services operate on a month-to-month basis. The Company provides various services as outlined in this document, and the Client agrees to pay for the services rendered as requested on the Client’s online account. Invoices for services performed will be issued on a regular monthly basis; however, the Company reserves the right to adjust the billing date as necessary to accommodate operational requirements. Any changes to the regular billing schedule will be communicated in writing to Clients in advance. Clients wishing to cancel any recurring service must provide written notice to the Company at least 30 days in advance of the desired termination date.
2. Hot Tub Services
The Company offers various hot tub services including monitoring, maintenance, accessory repair and installation, major component repair, and removal and delivery. The specifics of these services are as follows:
- 2.1 Monitoring: Technicians will assess the hot tub’s condition upon arrival, documenting any visible damage to the hot tub or its components. Our database tracks these assessments to monitor the hot tub’s history, aiding in timely and effective repairs.
- 2.2 Maintenance: The Company’s maintenance service includes basic chemical balancing and thorough checks of the hot tub’s condition, both inside and out. We ensure the hot tub is clean, filters are inspected (and cleaned or replaced as necessary), and the water chemistry is balanced.
- 2.3 Accessory Repair and Installation: This service includes regular inspection of accessories for wear and tear, with repairs or replacements as needed. An auto-repair policy for expedited service on minor repairs is available for an additional fee.
- 2.4 Major Component Repair: This service involves repairs to critical hot tub components, with a minimum service call charge for diagnosis and additional labor billed as required.
- 2.5 Delivery and Removal: If a hot tub is deemed outdated and requires extensive repairs, we often recommend investing in a new hot tub. Through our sister company, Aqua Hot Tub, the Company is a dealership for MAAX Spas, offering hot tubs from their Vita and American Whirlpool brands. These selections are included in the Company’s comprehensive delivery service with any new hot tub purchase. In situations where the old hot tub requires removal, or if the chosen brand does not include removal and delivery services, we offer removal and disposal services. This additional service is typically offered for a set fee, which may vary depending on the hot tub’s location and the complexity of the removal process. Additionally, we provide delivery/moving options for instances where the purchased brand does not offer delivery services or if the delivery service only includes drop-off to your driveway. Our aim is to facilitate a smooth transition to the Client’s new hot tub, ensuring convenience and satisfaction.
3. Maintenance Plans
The Company’s service plans, which include both standard and premium options, are designed to fit a variety of Client needs. For the most current service plan options, descriptions, and associated costs, please refer to our website at AquaClearHotTubs.com. Our website always contains the latest information on what each plan includes, the frequency of visits, and any additional benefits. Please note, service plan details and pricing are subject to change. Clients are encouraged to regularly check the Company’s website for the most up-to-date information or contact the Company directly with any inquiries about the services offered.
4. Charges and Pricing
For a comprehensive list of charges for the Company’s various services, maintenance plans, and additional offerings, please visit our website at AquaClearHotTubs.com. Our website is regularly updated to reflect the most current pricing information. Prices are subject to change, and the Company reserves the right to adjust our rates as necessary to accommodate operational requirements, market conditions, or changes in supplier costs. Any changes to our standard pricing will be communicated to our existing Clients in writing in advance through the contact information provided in the online customer portal. Invoices are due upon receipt. A grace period of 30 days from the invoice date will be provided for all payments (the “Grace Period”). Invoices not paid within the Grace Period will incur a late fee of 1.5% per month on the outstanding balance or the highest rate permitted by law, whichever is lower. This late fee is applied to cover the administrative costs associated with managing past due payments and to encourage timely payment practices. Should an invoice remain unpaid for 60 days past its due date, we reserve the right to suspend services until the account is paid in full. Clients will receive a notice after the Grace Period and a subsequent notice 60 days after the invoice date, reminding them of their outstanding balance and the impending suspension of services. If an invoice remains unpaid for 90 days past its due date, we reserve the right to send the balance to collections or take legal action to recover the fee. To the extent permitted by law, Clients shall reimburse the Company immediately upon demand for all costs, including, without limitation, collection agency fees, attorney fees, and court costs incurred by the Company in connection with any collection action taken. All sums so incurred shall be added to the amount owed under the invoice. Clients experiencing difficulties in making timely payments are encouraged to contact us as soon as possible to discuss potential arrangements.
5. Pool Services
Similar to hot tub services, pool maintenance services are detailed, including the frequency of visits and specific tasks performed during each visit, on our website AquaClearHotTubs.com.
6. Pool Charges and Pricing
Pricing for pool maintenance services is based on several factors, with a commitment to adhere to quoted prices unless unforeseen circumstances arise. Clients are responsible for the full cost of the services as provided. Clients are also responsible for providing all necessary equipment and chemicals, with automatic ordering by us if needed for an additional cost.
7. Taxes, Fees, and Permits
The Client is responsible for any taxes, fees, inspections, or permits required by local jurisdictions for the maintenance of hot tubs and pools.
8. Client Duties
Clients must ensure a safe environment for our technicians to perform their duties throughout the year. This includes, but is not limited to, providing a place to park our vehicle, a clear path to the hot tub, and access around the hot tub. Specifically, after snowfall, Clients are required to have their driveway plowed and accessible. If the driveway is not adequately cleared, resulting in inaccessible or unsafe conditions for our technicians, the appointment will be skipped, and services will be considered rendered in full. We also require access to water (including the water on/off valve if it is turned off in the winter), the GFCI protected disconnect (sometimes located inside the house), and electricity from a GFCI protected outlet for a pump, heater, or other tools necessary for repair or maintenance tasks.
9. Weather and Holidays
The Company’s service schedule may be adjusted due to weather conditions or holidays, with efforts made to reschedule missed visits promptly.
10. Limitations on Liability
THE COMPANY LIMITS OUR LIABILITY TO THE SERVICES ACTUALLY PROVIDED TO THE CLIENT AND IN NO EVENT SHALL THE COMPANY BE LIABLE TO THE CLIENT FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES. THE COMPANY SHALL HAVE NO LIABILITY WHATSOEVER RESULTING FROM THE MISUSE OF THE HOT TUB OR POOL BY THE CLIENT OR THIRD PARTIES.
11. Cancellation Policy
Either the Company or the Client may terminate recurring services with 30 days written notice. The Client is still responsible for payment for any services provided prior to the termination of services.
12. Dispute Resolution
The parties shall resolve any dispute, controversy, or claim arising out of the services provided by the Company or these Terms and Conditions according to this provision.
The Company and Client shall first attempt in good faith to resolve any dispute by negotiation between themselves for at least 30 days. If the dispute is not resolved during this time period, either party may file suit in a state court of Oregon, including a small claims court, or the United States District Court for the District of Oregon.
EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THE SERVICES PROVIDED BY THE COMPANY OR THESE TERMS AND CONDITIONS.