Agreement and Acceptance
By approving an estimate, accepting service, allowing service to continue, or paying any invoice, Customer agrees to these Terms of Service. Approved estimates may be converted into invoices, and all invoices are billed under the approved estimate and these Terms.
Service Relationship
Customer agrees to retain Oasis Pools LLC ("OPL") to provide pool and/or spa maintenance at the service address listed on the approved estimate or invoice. This is a month-to-month service agreement unless otherwise stated in writing. Customer agrees to pay monthly in advance for the services to be provided that month.
Service Pricing, Plans, and Schedule
Service pricing is based on the pool, spa, equipment, location, service plan, and condition of the property. The approved estimate or invoice states the customer's current service price and plan. Customers may view available plans at backyardoasisfl.com or request plan changes from OPL.
Scheduling is based on route location. OPL aims to service the pool on the same day each week and generally with the same technician when practical. OPL may adjust route days, technicians, or timing as needed. If service is delayed beyond a reasonable window, OPL will attempt to notify Customer by email, text, invoice note, or other available contact method.
Additional visits or work outside the regular service plan may incur additional charges. OPL will communicate extra charges before performing non-routine work when practical.
Payment, Late Fees, and Processing Costs
Payment is due according to the invoice terms and is generally due at or before the first service visit of each month. If payment is not received by the due date, OPL may pause or terminate service and may charge late fees, returned-payment fees, collection costs, card-processing costs, and reasonable administrative costs as allowed by law.
Customer authorizes OPL and its payment processor to securely store Customer's payment method on file. Customer authorizes OPL to charge the payment method on file for recurring pool service, approved estimates, approved repairs, extra visits, additional services, parts, materials, green pool recovery, and any other invoiced amounts owed under these Terms. OPL does not store or have access to full card numbers.
OPL will provide an invoice or receipt for charges. If Customer disputes an invoice, Customer must email OPL at Backyardoasisfl@gmail.com within 7 days of the invoice date and identify the disputed item or amount. Calls, voicemails, and text messages do not count as dispute notice for this section. OPL will not charge the disputed portion while the dispute is being reviewed, but may charge any undisputed balance. If no email dispute is received within 7 days, Customer authorizes OPL to charge the payment method on file for the invoice balance.
If any refund, credit, chargeback, reversal, or payment issue causes OPL to incur card-processing, merchant, or administrative costs, those costs may be deducted from any refund or credit so OPL is not responsible for third-party processing charges caused by the transaction.
Pricing Changes
OPL may adjust service pricing with at least 14 days' notice. When practical, OPL will try to provide 30 days' notice for standard monthly service price changes. Continued service, approval of an updated estimate, or payment after notice is provided means Customer accepts the updated pricing.
Customer Responsibilities and Access
Customer must provide safe and reasonable access to the pool and equipment, including gate codes, lock combinations, guard access, and removal or securing of pets. If access is not provided, service may not be performed and no credit is due.
Customer is responsible for maintaining proper water level unless OPL separately agrees to fill the pool. If OPL fills the pool at Customer's request, Customer remains responsible for water bills, hose/timer issues, and any risks related to water supply or filling.
Customer is responsible for maintaining pool equipment in working condition. OPL is not responsible for damage or service limitations caused by equipment failure, leaks, clogged systems, unsafe electrical conditions, defective timers, poor circulation, or Customer's failure to repair or maintain equipment.
If the pool is in poor condition, green, unsafe, neglected, or requires extra chemicals or labor, additional charges may apply.
Weather, Holidays, and Limited Service
Weather, lightning, hurricanes, high winds, illness, holidays, unsafe conditions, route issues, or other conditions outside OPL's reasonable control may delay or limit service. During unsafe weather, OPL may perform only chemical checks, equipment checks, or limited service. No refund or credit is due for weather-limited service.
OPL observes major holidays, including but not limited to New Year's Day, Christmas week, Thanksgiving Day, Memorial Day, Independence Day, and Labor Day. Holiday weeks are accounted for in monthly pricing. OPL may treat the pool before or after the holiday when practical, and no credit is due solely because service falls on a holiday.
Missed Service and Credits
A missed visit counts as an eligible missed service only if OPL fails to perform a scheduled regular service visit for reasons within OPL's control and the visit is not made up. Missed or limited service caused by weather, holidays, locked gates, pets, unsafe conditions, low water, equipment failure, construction, blocked access, green pool recovery, chemical imbalance, customer-caused conditions, or other conditions outside OPL's reasonable control is not an eligible missed service.
OPL may provide a make-up visit when practical. Monetary credits are not issued for individual missed visits. If Customer accumulates four eligible missed services, Customer may receive a service credit equal to one month of regular service fees, less any nonrefundable processing or administrative costs. This credit is Customer's sole remedy for eligible missed services unless OPL agrees otherwise in writing.
Termination and No Partial-Month Refunds
This agreement continues month to month until terminated by either party. Customer should provide 15-30 days' notice when canceling service. If Customer cancels during a paid month, OPL may continue service through the end of that month. No refunds are issued for partial months.
Liability and Indemnity
OPL is not responsible for damages caused by acts of nature, fire, vandalism, misuse, abuse, unsafe conditions, equipment failure, poor water level, leaks, customer negligence, or Customer's failure to follow OPL recommendations. Customer agrees to indemnify and hold OPL harmless from claims, losses, damages, or expenses caused by Customer's negligence, property conditions, pets, tenants, guests, or failure to comply with these Terms.
Disputes, Law, and Venue
These Terms are governed by Florida law. Any mediation, arbitration, court action, collection matter, small-claims matter, emergency relief, or action to enforce an arbitration award must take place in Lee County, Florida, unless the parties agree otherwise in writing. If arbitration applies, arbitration will occur in Lee County, Florida. Lee County courts may be used for collections, small claims, injunctive relief, enforcement of arbitration awards, or claims not subject to arbitration.
Severability
If any provision is found invalid or unenforceable, the remaining provisions remain in full force and effect.
