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Terms of Service

Last Updated: October 15, 2023

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Viola Speri Pool Services ("Company," "we," "us," or "our") regarding your access to and use of the violasperi.com website and our pool cleaning and maintenance services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

2. Service Description

Viola Speri Pool Services provides pool cleaning, maintenance, and equipment installation services for residential and commercial properties in Canada. The specific services we offer include:

  • Regular pool cleaning
  • Equipment maintenance and repair
  • Water testing and chemical balancing
  • Equipment installation
  • Seasonal pool opening and closing

The exact scope of services will be agreed upon between you and Viola Speri Pool Services prior to the commencement of work.

3. Service Scheduling and Access

To provide our Services, you agree to:

  • Provide us with reasonable access to your pool and related equipment
  • Inform us of any specific requirements or concerns regarding your pool
  • Make reasonable efforts to secure pets and clear any obstacles that may interfere with our work

If we are unable to access your pool due to circumstances within your control, we reserve the right to charge a cancellation fee as outlined in our service agreement.

4. Payment Terms

Payment for Services shall be made according to the pricing and payment terms agreed upon in your service agreement. Unless otherwise specified:

  • One-time services require payment upon completion of the service
  • Recurring services may be billed on a monthly basis
  • Equipment installation may require a deposit before work begins

Payment methods accepted include credit card, debit card, electronic funds transfer, and cheque. Late payments may incur additional fees as specified in your service agreement.

5. Cancellation and Refund Policy

For scheduled services:

  • Cancellations made at least 48 hours in advance will not incur a cancellation fee
  • Cancellations made less than 48 hours in advance may incur a cancellation fee of up to 50% of the service cost
  • No-shows without notice may be charged the full service cost

For recurring service agreements, please refer to your service contract for specific cancellation terms.

6. Warranties and Limitations

We strive to provide high-quality Services and will make reasonable efforts to address any issues that arise from our work. However:

  • We cannot guarantee specific results, as pool conditions are affected by numerous factors beyond our control, including weather, usage patterns, and existing equipment quality
  • For equipment installation, manufacturer warranties will apply as applicable
  • We are not responsible for damage resulting from pre-existing conditions or issues not related to our Services

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VIOLA SPERI POOL SERVICES, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES.

IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU TO US FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) CAD $500.

8. Indemnification

You agree to indemnify, defend, and hold harmless Viola Speri Pool Services, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to:

  • Your use of the Services
  • Your violation of these Terms
  • Your violation of any rights of another person or entity

9. Term and Termination

These Terms will remain in effect until terminated by either you or us. We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

For ongoing service agreements, termination provisions will be as specified in your service contract.

10. Changes to Terms

We reserve the right to modify these Terms at any time. If we make changes, we will provide notice as appropriate, such as by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after the updated Terms are posted constitutes your acceptance of the revised Terms.

11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision. Any legal action or proceeding arising out of or related to these Terms or the Services shall be instituted exclusively in the courts of Ontario, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.

12. Contact Information

If you have any questions about these Terms, please contact us at:

Viola Speri Pool Services
123 Pool Avenue
Toronto, ON M5V 2K7
Canada
[email protected]
+1 (416) 555-1234
Viola Speri Pool Services violasperi.com

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