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South Cape Pools Terms of Service

 

(Last Updated: September 17, 2025)

IMPORTANT: BY PURCHASING OUR SERVICES, YOU AGREE TO THESE TERMS. PLEASE NOTE THAT THIS DOCUMENT CONTAINS A CLASS ACTION WAIVER, MEANING YOU CANNOT PARTICIPATE IN A CLASS ACTION LAWSUIT AGAINST US.

 

1. General Terms

 

These Terms of Service (TOS) govern the residential pool maintenance services you purchase from us, South Cape Pools, LLC. This agreement is between you (the "Client") and us ("South Cape Pools," "we," "us," or "our"). This document outlines our responsibilities to you and your responsibilities to us.

By signing up for our services, you confirm that you have read, understand, and agree to these terms. If you choose to add more services, those may have their own specific terms and conditions, which you also agree to follow. We may update this TOS from time to time, and any changes will be posted on our website.

 

2. Communication

 

We will send you all official notices and communications by certified mail, FedEx, email, fax, or by posting them on our website.

When you give us your contact information, you give us permission to contact you by phone, fax, text, or email for service-related notifications and other information we believe may interest you. If you don't want to receive non-service-related messages, you can opt out at any time by contacting our customer support.

We will always ask for your permission before sending you text messages. You can opt in for text updates on things like billing, appointment reminders, and service completion. If you ever want to stop receiving these messages, just reply STOP. Standard message and data rates may apply.

To contact us, please call the customer service number listed on our website.

 

3. Residential Services & Billing

 

A detailed list of the services included in your plan can be found on your Residential Start-Up Sheet. Additional services, such as Salt Cell, Quad Filter, and DE Filter cleaning, are available for an extra charge. You can schedule these as a one-time service or add them to your recurring plan at a discounted rate.

You will be billed for services on the first day of each month. If you pay by check, your payment is due by the 15th. If you pay by credit card or ACH, your card will be charged automatically on the 1st of the month. You authorize us to charge your credit card for all recurring services.

We may also charge your card for any authorized repairs or additional work completed. For any repairs, we require a payment method on file, which will be charged upon completion.

If a payment fails, the balance will appear on your next statement. We will re-attempt to process declined payments on the first Friday of the month. You agree not to dispute or chargeback any charges for services rendered. If a chargeback occurs, you are responsible for the full amount and any fees we incur.

 

4. Service Term & Cancellation

 

If you wish to cancel your service, your cancellation will be effective on the last day of the month you request it. We do not provide refunds for partial months of service.

 

5. Additional Costs & Special Services

 

We will always do our best to keep your pool safe and healthy. However, some issues may require extra services not included in your regular plan. We will inform you of these additional costs, which may apply for things like:

• Chemical overages due to leaks

• Special treatments for algae or phosphates

• Storm clean-ups

• Fixing issues caused by broken glass or fecal incidents

• Cleaning up excessive debris from landscaping or pressure washing

• Labor and chemicals for pools that have been newly resurfaced

For minor, routine repairs that keep your pool running smoothly (like replacing a basket, o-ring, or pressure gauge), you authorize us to perform and bill for repairs up to $99 or current market filter price without prior approval.

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6. Holidays & Natural Disasters

 

We observe the following holidays: New Year’s Day, Memorial Day, Fourth of July, Labor Day, day of service will be moved, we take time off to spend family time for Thanksgiving Week, and Christmas week Easter Week, and a week in September. During these times, we will make every effort to ensure your pool is properly maintained, but we do not provide service on these specific days. No credit will be issued for these missed days.

In the event of a natural disaster, like a hurricane or major flood, we will prioritize the safety of our team and customers. While we will do our best to care for your pool, a partial or missed service may occur, and no credit will be issued in such cases.

 

7. Limitation of Liability

 

South Cape Pools provides services in a professional manner consistent with industry standards. Our total liability for any claim shall not exceed the amount you paid us in the six-month period before the claim was made. We are not liable for any special, incidental, or consequential damages (such as loss of profits) even if we were notified that they could occur.

 

8. Miscellaneous

 

Our relationship is that of independent contractors; we are not your employees. This agreement is governed by the laws of the State of Florida. If any part of this agreement is found to be unenforceable, the rest of the agreement will remain in effect.

 

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