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TERMS AND CONDITIONS 

These terms and conditions (the "Terms and Conditions") govern the use of Yourpoolbuddy.com (the "Site"). This Site is owned and operated by Your Pool Buddy LLC. This Site is a pool consultant maintenance portal for home owners to connect with a Pool Professional every week. By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times. 

 

THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY. 

 

Intellectual Property All content published and made available on our Site is the property of Your Pool Buddy LLC. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site. 

 

Acceptable Use As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:  Violate the intellectual property rights of the Site owners or any third party to the Site;  Hack into the account of another user of the Site;  Act in any way that could be considered fraudulent;  Post any material that may be deemed inappropriate or offensive; or  Copy or steal any of our procedures included on the site a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site. 

 

Accounts 

When you create an account on our Site, you agree to the following: 

1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and all personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes. We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions. Sale of Services These Terms and Conditions govern the sale of services available on our Site. The following services are available on our Site:  Over the phone pool maintenance consulting;  Over the phone pool setup consulting;  Over the phone pool green or cloudy turn around consulting; and Do It yourself guide for proper pool maintenance. The services will be paid for in full when the services are ordered. These Terms and Conditions apply to all the services that are displayed on our Site at the time you access it. All information, descriptions, or images that we provide about our services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all services we provide. You agree to purchase services from our Site at your own risk. We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund. 

 

Subscriptions 

Your subscription automatically renews and you will be automatically billed until we receive notification that you want to cancel the subscription. To cancel your subscription, please follow these steps: Cancel at any time that you feel Your Pool Buddy LLC is no longer needed or you are unsatisfied with your results. Please get into contact with us via email to cancel your subscription. 

 

Free Trial

We offer the following free trial of our services during certain times in which we can change at any time: 1 Session per week with a pool professional for 2 weeks in a row. This is for pool maintenance purposes only. 1 Free trial per address during times that the free trial is being offered. If your pool is green or the pool is cloudy and you are looking for free assistance to turn your pool around, this is not included within this free trial. Free assistance with your pool equipment or troubleshooting is not included within this free trial. At the end of your free trial, the following will occur: You will automatically be billed our monthly subscription rate. If you do not want to be billed, you will need to cancel your subscription before your free trial ends. To cancel your free trial, please follow these steps: Please contact us via email or text message to cancel your membership at the end of your free trial. 

 

Payments 

We accept the following payment methods on our Site:  Credit Card;  PayPal; and  Debit. When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument. If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction. Refunds for Services We provide refunds for services sold on our Site as follows: The Services will be fully refunded if the services are canceled at least 48 hours before the services were scheduled to be provided. No refunds from previous recurring charges. 

 

Consumer Protection Law 

Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Website Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply. 

 

Links to Other Websites 

Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites. Limitation of Liability Your Pool Buddy LLC and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site. Indemnity Except where prohibited by law, by using this Site you indemnify and hold harmless Your Pool Buddy LLC and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions. Applicable Law These Terms and Conditions are governed by the laws of the State of Florida. Dispute Resolution Subject to any exceptions specified in these Terms and Conditions, if you and Your Pool Buddy LLC are unable to resolve any dispute through informal discussion, then you and Your Pool Buddy LLC agree to submit the issue before a mediator. The decision of the mediator will not be binding. Any mediator must be a neutral party acceptable to both you and Your Pool Buddy LLC. The costs of any mediation will be paid by the unsuccessful party. Notwithstanding any other provision in these Terms and Conditions, you and Your Pool Buddy LLC agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement. 

 

Additional Terms  

CONSULTING AGREEMENT

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THIS CONSULTING AGREEMENT (the "Agreement") is dated the day of booking consultation.

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CLIENT

Individual who booked from website Yourpoolbuddy.com

(the "Client")

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CONSULTANT

Yourpoolbuddy.com

(the "Consultant")

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BACKGROUND

     A. The Client is of the opinion that the Consultant has the necessary qualifications, experience and abilities to provide consulting services to the Client.

     B. The Consultant is agreeable to providing such consulting services to the Client on the terms and conditions set out in this Agreement.

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Consultant (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows:

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SERVICES PROVIDED

  1. The Client hereby agrees to engage the Consultant to provide the Client with the following consulting services (the "Services"):

    • D.I.Y. (do it yourself guide) includes a detailed guide to the service of your pool, equipment, and chemicals. The pool maintenance and the clients action to follow the guide will be the clients responsibility to ensure your pool and equipment is safe and properly cared for.;

    • D.I.T. (Do It Together) Services include a weekly pool and spa virtual professional analyzing clients pool, equipment, tools, and chemicals on hand by pictures and videos that the client provides to the consultant in a timely manner. Professionals will help Identify problems and provide solutions for the client.;

    • Professional assistance service includes minor troubleshooting around the pool and equipment such as the following; hydraulic issues, filter issues, automatic pool cleaner issues, salt system help, algae treatments, and cloudy pool treatments. A pool and spa professional will consult with the client in regards to what is listed above. It is the client responsibility to follow the consultants advice for the best results to their current problem.;

    • The client will need to act at time of service to ensure the consultants solution provided can work as planned. If advice given to customer is delayed by more than a day or partial advice is taken by the client then the solution provided may not work for the client and therefore is no fault of the consultant. It is the client responsibility to act and follow the advice given by the consultant. It is the clients responsibility to learn how to provide proper maintenance to their swimming pool and equipment. It is the clients responsibility to learn about pool water chemistry and how to add chemicals. This information is provided on our website, yourpoolbuddy.com.; and

    • The information from the consultant advised to the client can be used for their swimming pool only. The consultants professional advice shall not be repeated by the client on any social media platforms, forums on the internet, or anyone who may steal the consultants techniques for their own personal or business gain..

  2. The Services will also include any other consulting tasks which the Parties may agree on. The Consultant hereby agrees to provide such Services to the Client.

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TERM OF AGREEMENT

  1. The term of this Agreement (the "Term") will begin on the date of this Agreement and will remain in full force and effect indefinitely until terminated as provided in this Agreement.

  2. In the event that either Party wishes to terminate this Agreement, that Party will be required to provide 2 days' written notice to the other Party.

  3. In the event that either Party breaches a material provision under this Agreement, the non-defaulting Party may terminate this Agreement immediately and require the defaulting Party to indemnify the non-defaulting Party against all reasonable damages.

  4. This Agreement may be terminated at any time by mutual agreement of the Parties.

  5. Except as otherwise provided in this Agreement, the obligations of the Consultant will end upon the termination of this Agreement.

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PERFORMANCE

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

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CURRENCY

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

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COMPENSATION

  1. The Consultant will charge the Client for the Services at the rate of the Price plan chosen by the client. (the "Compensation").

  2. The Client will be invoiced before the Service.

  3. Invoices submitted by the Consultant to the Client are due upon receipt.

  4. In the event that this Agreement is terminated by the Client prior to completion of the Services but where the Services have been partially performed, the Consultant will be entitled to pro rata payment of the Compensation to the date of termination provided that there has been no breach of contract on the part of the Consultant.

  5. The Compensation as stated in this Agreement does not include sales tax, or other applicable duties as may be required by law. Any sales tax and duties required by law will be charged to the Client in addition to the Compensation.

  6. The Consultant will not be reimbursed for any expenses incurred in connection with providing the Services of this Agreement.

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CONFIDENTIALITY

  1. Confidential information (the "Confidential Information") refers to any data or information relating to the Client, whether business or personal, which would reasonably be considered to be private or proprietary to the Client and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.

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  3. The Consultant agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Consultant has obtained, except as authorized by the Client or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement.

  4. All written and oral information and material disclosed or provided by the Client to the Consultant 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 Consultant.

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OWNERSHIP OF INTELLECTUAL PROPERTY

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

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

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RETURN OF PROPERTY

  1. Upon the expiration or termination of this Agreement, the Consultant will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client.

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CAPACITY/INDEPENDENT CONTRACTOR

  1. In providing the Services under this Agreement it is expressly agreed that the Consultant is acting as an independent contractor and not as an employee. The Consultant and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service. The Client is not required to pay, or make any contributions to, any social security, local, state or federal tax, unemployment compensation, workers' compensation, insurance premium, profit-sharing, pension or any other employee benefit for the Consultant during the Term. The Consultant is responsible for paying, and complying with reporting requirements for, all local, state and federal taxes related to payments made to the Consultant under this Agreement.

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RIGHT OF SUBSTITUTION

  1. Except as otherwise provided in this Agreement, the Consultant may, at the Consultant's absolute discretion, engage a third party sub-contractor to perform some or all of the obligations of the Consultant under this Agreement and the Client will not hire or engage any third parties to assist with the provision of the Services.

  2. In the event that the Consultant hires a sub-contractor:

    • the Consultant will pay the sub-contractor for its services and the Compensation will remain payable by the Client to the Consultant.

    • for the purposes of the indemnification clause of this Agreement, the sub-contractor is an agent of the Consultant.

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AUTONOMY

  1. Except as otherwise provided in this Agreement, the Consultant will have full control over working time, methods, and decision making in relation to provision of the Services in accordance with the Agreement. The Consultant will work autonomously and not at the direction of the Client. However, the Consultant will be responsive to the reasonable needs and concerns of the Client.

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EQUIPMENT

  1. Except as otherwise provided in this Agreement, the Consultant will provide at the Consultant’s own expense, any and all equipment, software, materials and any other supplies necessary to deliver the Services in accordance with the Agreement.

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NO EXCLUSIVITY

  1. The Parties acknowledge that this Agreement is non-exclusive and that either Party will be free, during and after the Term, to engage or contract with third parties for the provision of services similar to the Services.

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NOTICE

  1. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties at the following addresses:

     

    1. Individual who booked from website
      Yourpoolbuddy.com

    2. Consultant from Yourpoolbuddy.com

or to such other address as either Party may from time to time notify the other, and will be deemed to be properly delivered (a) immediately upon being served personally, (b) two days after being deposited with the postal service if served by registered mail, or (c) the following day after being deposited with an overnight courier.

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INDEMNIFICATION

  1. 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 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 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.

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ADDITIONAL CLAUSE

  1. The client can agree or disagree to have their pool or equipment posted to the website yourpoolbuddy.com by contacting yourpoolbuddy.com admin verbally or by writing out permission to info@yourpoolbuddy.com

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MODIFICATION OF AGREEMENT

  1. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if prompt is accepted from the website.

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TIME OF THE ESSENCE

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

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ASSIGNMENT

  1. The Consultant 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.

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ENTIRE AGREEMENT

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

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ENUREMENT

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

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TITLES/HEADINGS

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

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GENDER

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

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GOVERNING LAW

  1. This Agreement will be governed by and construed in accordance with the laws of the State of Florida.

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SEVERABILITY

  1. 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.

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WAIVER

  1. 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.

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IN WITNESS WHEREOF the Parties have duly affixed their acknowledgement on the day of booking consultation. 

Individual who booked from website Yourpoolbuddy.com

 

Severability 

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid. 

 

Changes 

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site. Contact Details Please contact us if you have any questions or concerns. Our contact details are as follows: (863) 225-8042 yourpoolbuddy@gmail.com You can also contact us through the feedback form available on our Site. 


 

Effective Date: 21st day of August, 2022 

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