By accepting service from Ducky's Pool Care, the customer agrees to the following terms.
Insurance
Ducky's Pool Care carries general liability insurance. Proof of coverage is available upon request.
Payment
- Monthly maintenance is prepaid, and invoices are due upon receipt.
- Repairs are billed 50% upon scheduling and the remaining 50% upon completion, unless otherwise agreed in writing.
- Equipment sales (without installation) are due in full at the time the order is placed.
Unpaid accounts may experience service interruptions or suspension until the balance is paid in full.
Late Fees & Finance Charges
Monthly maintenance: A late fee of $10 applies to any payment received more than five (5) days after the invoice date. If the balance remains unpaid thirty (30) days or more after the invoice date, a finance charge of 1.5% per month (18% per year) will additionally accrue on the outstanding balance until paid in full.
Service calls, repairs, and equipment sales: Any balance unpaid thirty (30) days or more after the invoice date will accrue a finance charge of 1.5% per month (18% per year), with a minimum charge of $25 per month, on the outstanding balance until paid in full.
Collections & Legal Costs
Any amount not paid when due may be referred for collection. The customer agrees to pay all costs of collection, including reasonable attorney's fees, court costs, and related expenses incurred by Ducky's Pool Care in recovering any unpaid balance or otherwise enforcing these terms.
Service Scope
Services are provided as outlined in the customer's selected service package. Monthly maintenance packages include four (4) scheduled service visits per month. Visit scheduling accommodates weather delays, seasonal conditions, and operational needs such as staff training and scheduling. Service visits are distributed throughout the month at the discretion of Ducky's Pool Care to ensure consistent service quality. Additional charges may apply for party clean-up, storm clean-up, or other non-standard services not included in the customer's package.
Customer Responsibilities
The customer agrees to: (a) maintain an adequate water level at all times so equipment can operate safely; (b) keep pool equipment powered, accessible, and in working order; (c) provide reliable access to the pool area, including working gate codes, keys, or entry devices; and (d) promptly notify Ducky's Pool Care of any visible equipment, surface, or safety issues. Ducky's Pool Care is not responsible for damage resulting from low water levels, powered-off equipment, or the customer's failure to provide access or report problems.
Access
Ducky's Pool Care is unable to reschedule service visits due to locked gates, secured screen or pool enclosure doors, non-working gate codes, or inoperable access devices, and such visits will be considered completed for billing purposes. Ducky's Pool Care is not responsible for malfunctioning locks, gates, or alarm systems.
Pets & Animals
All pets and animals must be secured indoors or in an area away from the pool and service area prior to each scheduled visit. The customer is solely responsible for restraining their animals and for any injury, damage, or loss caused by any animal on the property, consistent with Florida law. If an unsecured, loose, or aggressive animal makes service unsafe in the technician's sole judgment, Ducky's Pool Care may decline the visit; such visits will be considered completed for billing purposes and cannot be rescheduled within the same service period.
Right to Refuse or Suspend Service
Ducky's Pool Care reserves the right to refuse, suspend, or discontinue service where conditions are unsafe, including electrical hazards, unsafe decking or structures, contaminated or hazardous water, or unsecured or aggressive animals. Visits missed due to such conditions will be considered completed for billing purposes.
Workmanship Warranty
Ducky's Pool Care warrants its repair workmanship for thirty (30) days from the date the repair is completed. This warranty covers defects in labor only and is in addition to any applicable manufacturer's warranty on equipment or parts. The workmanship warranty does not apply to damage caused by misuse, neglect, chemical imbalance, weather, or work performed by others.
Equipment Warranty
Ducky's Pool Care provides no warranty on equipment or parts beyond the manufacturer's warranty. All equipment and parts warranties are those of the manufacturer only, and any related claims must be made through the manufacturer.
Subcontractors & Specialty Trades
Ducky's Pool Care may perform services through its employees or qualified subcontractors. Routine pool care and repairs performed on behalf of Ducky's Pool Care are covered by the company's workmanship warranty as described in these terms.
Certain work — including electrical, plumbing, gas, and other specialty trades — may require a separately licensed professional. Such work is performed by independent licensed contractors, whether coordinated by Ducky's Pool Care or engaged directly by the customer, and is warranted by and the responsibility of that licensed contractor under their own license and insurance. Ducky's Pool Care is not liable for the work, warranties, licensing, or insurance of independent specialty-trade contractors, and any related claims must be directed to that contractor.
Equipment & Pre-Existing Conditions
Ducky's Pool Care is not responsible for pre-existing conditions or for the age, condition, wear, or improper installation of pool equipment, surfaces, or components not installed by the company. Pool equipment and surfaces naturally deteriorate over time due to exposure to chemicals, sunlight, and weather; Ducky's Pool Care is not liable for such normal deterioration or for equipment failures outside its control. The company will notify the customer of observed equipment issues but does not guarantee against failure.
Water Chemistry, Staining & Surfaces
Pool water chemistry is affected by many factors outside the company's control, including bather load, fill-water quality, weather, rainfall, debris, and any chemicals or products added by the customer or others. Ducky's Pool Care is not liable for staining, etching, scaling, discoloration, algae, or surface damage arising from these factors, from pre-existing conditions, or — on service plans of less than weekly frequency — from the customer's maintenance during off-visit periods.
Draining
Draining a pool in Florida carries inherent risk, including the pool shell floating, cracking, or shifting due to groundwater and soil conditions. Any pool draining is performed at the customer's request and risk, and Ducky's Pool Care is not liable for damage resulting from draining an in-ground pool or spa.
Cancellation & Termination
Either party may cancel service with thirty (30) days' written notice. Ducky's Pool Care may suspend or terminate service immediately for non-payment, unsafe conditions, or abusive conduct. Upon cancellation, the customer remains responsible for all services rendered and any outstanding balance through the effective date of termination. Prepaid maintenance fees will be prorated based on visits completed.
Pricing Adjustments
Ducky's Pool Care may adjust service pricing with thirty (30) days' written notice. In the event of extraordinary increases in chemical or material costs, a surcharge may be applied to affected services.
Limitation of Liability
Ducky's Pool Care is not liable for any indirect, incidental, or consequential damages arising from its services. The company's total liability for any claim shall not exceed the amount paid by the customer for the specific service giving rise to the claim.
Governing Law & Venue
These terms are governed by the laws of the State of Florida. Any dispute arising under these terms shall be brought exclusively in the state courts located in Osceola County, Florida.
Severability & Entire Agreement
These Terms & Conditions constitute the entire agreement between the customer and Ducky's Pool Care regarding services. If any provision is found unenforceable, the remaining provisions remain in full force and effect.
Acceptance
Payment of an invoice or continued use of services constitutes acceptance of these Terms & Conditions.
Questions about these terms? Contact Ducky's Pool Care at (407) 744-2748 or service@duckyspoolcare.com.
