Terms of Service

Last Updated: January 1, 2025

Welcome to Witt Co Pool Pros. These Terms of Service ("Terms") govern your use of our website and the pool cleaning, maintenance, and repair services ("Services") provided by Witt Co Pool Pros ("we," "us," or "our"), owned and operated by James Witt, located in Destin, Florida. By accessing our website or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or Services.

1. Services Description

Witt Co Pool Pros provides professional pool cleaning, maintenance, repair, and related services to residential and commercial clients in Destin and the Emerald Coast area of Northwest Florida. Our services include, but are not limited to:

• Weekly and bi-weekly pool cleaning and maintenance
• Chemical balancing and water testing
• Filter cleaning, maintenance, and replacement
• Pool equipment repair and troubleshooting
• Algae treatment and prevention
• Tile and surface cleaning
• Pool inspections
• Short-term rental property pool services
• Emergency pool service

The specific scope of services provided to you will be outlined in your individual service agreement or quote. All services are subject to availability and scheduling. We reserve the right to modify, suspend, or discontinue any service at any time with reasonable notice.

2. SMS/Text Messaging Terms

By providing your phone number and opting in to receive text messages from Witt Co Pool Pros, you agree to the following terms regarding SMS/text messaging:

Consent

By submitting a form on our website with your phone number, selecting text as a preferred contact method, or by texting us directly, you provide your express written consent to receive SMS text messages from Witt Co Pool Pros. Consent to receive text messages is not a condition of purchasing any goods or services from us.

Types of Messages

Text messages may include:

• Appointment confirmations and reminders
• Service updates and notifications
• Quote and estimate details
• Follow-up communications regarding your pool service
• Responses to your inquiries

Opting Out

You may opt out of receiving SMS text messages at any time by replying STOP to any text message you receive from us. Upon receiving your STOP request, we will send you a one-time confirmation message to confirm that you have been unsubscribed. No further text messages will be sent unless you opt in again. Opting out of text messages will not affect your ability to use our services or communicate with us through other methods (phone, email).

Help

For assistance with our SMS messaging program, reply HELP to any text message you receive from us, or contact us directly:

• Phone: 850-495-7318
• Email: wittcopoolpros@gmail.com

Message and Data Rates

Standard message and data rates from your wireless carrier may apply to text messages sent to and received from Witt Co Pool Pros. Please contact your wireless carrier for details about your messaging plan and any applicable charges. Message frequency varies based on your service needs and interactions with us.

Supported Carriers

Our SMS messaging service is supported by major U.S. wireless carriers, including but not limited to AT&T, Verizon, T-Mobile, Sprint, and their affiliates. Carriers are not liable for delayed or undelivered messages. Delivery of text messages is subject to effective transmission by your wireless carrier.

Privacy

We will not sell, rent, or share your phone number or SMS opt-in information with third parties for their marketing purposes. Your phone number and messaging data will be used solely for the purposes described in these Terms and our Privacy Policy. For full details on how we handle your personal information, please review our Privacy Policy.

3. Privacy

Your use of our website and Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, and protect your personal information. By using our website or Services, you consent to the practices described in our Privacy Policy.

4. User Responsibilities

When using our website and Services, you agree to:

• Provide accurate, current, and complete information when filling out forms, requesting quotes, or communicating with us.
• Provide safe and reasonable access to your pool and pool equipment for our service technicians. This includes ensuring clear pathways, securing pets, and removing any hazards from the work area.
• Notify us promptly of any known issues, hazards, or special conditions related to your pool or property that could affect our ability to provide services safely.
• Use our website for lawful purposes only and refrain from any activity that could harm, disable, or impair our website or interfere with any other party's use of the website.
• Not submit false, misleading, or fraudulent information through our forms or communications.
• Maintain your pool equipment in a condition that allows us to perform our services effectively. While we will advise you on equipment issues, you are responsible for authorizing and funding any necessary repairs or replacements.

5. Service Estimates and Pricing

All quotes and estimates provided by Witt Co Pool Pros are based on the information available to us at the time of the estimate. Please note the following regarding our pricing:

• Free Quotes: We provide free, no-obligation quotes for our pool services. Quotes are valid for thirty (30) days from the date they are issued unless otherwise stated.
• Accuracy: We make every effort to provide accurate estimates. However, actual costs may vary if the scope of work changes, if unforeseen issues are discovered during service, or if additional services are required beyond the original estimate.
• Additional Work: If additional work is required beyond the scope of the original estimate, we will notify you and obtain your approval before proceeding. No additional charges will be incurred without your prior consent.
• Payment: Payment terms will be outlined in your individual service agreement or invoice. We accept various payment methods as communicated at the time of service.
• Price Changes: We reserve the right to adjust pricing for ongoing services with reasonable advance notice. Any price changes for recurring services will be communicated at least thirty (30) days before they take effect.

6. Cancellation Policy

We understand that schedules change. Our cancellation policy is as follows:

• Appointment Cancellations: We require at least twenty-four (24) hours notice for cancellation of a scheduled service appointment. Cancellations made with less than 24 hours notice may be subject to a cancellation fee.
• Recurring Service Cancellations: If you wish to discontinue recurring pool service (such as weekly cleaning), please notify us at least seven (7) days in advance. This allows us to adjust our schedule and route accordingly.
• Weather Cancellations: In the event of severe weather conditions that prevent us from safely performing service, we will reschedule your appointment at no additional cost. We will make every effort to contact you promptly regarding weather-related schedule changes.
• Our Right to Cancel: We reserve the right to cancel or refuse service at our discretion, including in situations involving unsafe conditions, non-payment, or violation of these Terms. We will provide reasonable notice and explanation if we need to cancel or discontinue service.

7. Limitation of Liability

To the fullest extent permitted by applicable law:

• Witt Co Pool Pros, James Witt, and our employees, contractors, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of our website or Services, regardless of the cause of action or theory of liability.
• Our total aggregate liability for any claims arising out of or relating to our Services shall not exceed the total amount you paid to Witt Co Pool Pros for the specific service giving rise to the claim during the twelve (12) months preceding the claim.
• We are not responsible for damage to pool equipment or property that results from pre-existing conditions, normal wear and tear, manufacturer defects, acts of nature, or circumstances beyond our reasonable control.
• Our website is provided on an "as is" and "as available" basis. We make no warranties, express or implied, regarding the availability, accuracy, or completeness of the information on our website.

8. Indemnification

You agree to indemnify, defend, and hold harmless Witt Co Pool Pros, James Witt, and our employees, contractors, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of our website or Services
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Any information you provide to us that is inaccurate, incomplete, or misleading
• Any property damage or personal injury caused by your negligence or willful misconduct

9. Modifications to Terms

We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page. We encourage you to review these Terms periodically to stay informed of any changes.

Your continued use of our website or Services after any modifications to these Terms constitutes your acceptance of the revised Terms. If you do not agree with the updated Terms, you must discontinue your use of our website and Services.

For material changes that significantly affect your rights or obligations, we will make reasonable efforts to provide you with advance notice through our website or via direct communication.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or our Services shall be resolved in the state or federal courts located in the State of Florida, and you consent to the personal jurisdiction of such courts.

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

11. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, please do not hesitate to contact us: