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Water Ripples

Terms of Service

Updated 11/30/2024

WEEKLY POOL MAINTENANCE
This agreement includes a class action waiver. Please review these terms in their entirety before purchasing our pool products and/or services.

GENERAL

These Terms of Service ("TOS") govern your purchase and use of products and services provided by U-Go Lugo, LLC, d.b.a U-Go Lugo Pools, including its subsidiaries, affiliates, predecessors, successors, and assigns (collectively referred to as "U-Go Lugo", "us", "we", or "our"). These terms constitute a legal agreement between you ("Customer", "you", or "your") and U-Go Lugo, collectively referred to as the "Parties" or individually as a "Party." This TOS outlines both our obligations to you and your obligations to us concerning any Services you purchase or use.

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By subscribing to or using our products and/or services, you confirm that you have read, understood, and agree to be bound by this TOS and any additional rules, policies, terms, conditions, or service agreements that we may establish and update from time to time, which are incorporated herein by reference. You may also choose to acquire additional services ("Additional Services") from us, our partners, or other third parties, which may have separate service agreements or terms. It is your responsibility to review and comply with those additional service agreements or terms.

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These Terms of Service may be revised periodically by posting on our website.

SERVICES
Please consult the Weekly Pool Maintenance Services Page on this website for a detailed list of the services included in your plan. Please note that additional charges may apply for Salt Cells, Quad Filters, and DE Filters, depending on the specifics of your plan. Replacement cartridge filters are priced individually, typically starting at $49, and this cost is not included in the monthly service rate.

 

The monthly service rates for Weekly Pool Maintenance are applicable to pools in good condition, which are free of algae and debris, and have a capacity of less than 15,000 gallons. Pools not meeting these criteria will require a custom quote.

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Service rates are subject to variation based on factors such as the pool's size, the presence of a spa, proximity to trees and shrubs, and other additional features.

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These rates apply specifically to residential Customers requiring full-time or year-round services. They do not apply to short-term, seasonal, one-time visit services, or commercial cleaning services. For one-time or short-term/seasonal residential pool services, rates begin at $125 per visit, plus the cost of chemicals.

 

We reserve the right to perform a chemical service only for customers due to inclement weather or for any weeks with a major national holiday.

INVOICING, PAYMENT TERMS, AND CREDIT CARD AUTHORIZATION

You will receive an invoice prior to the first day of each month for services to be provided in that month. Invoices are made available electronically via email, with paper invoices available upon request.

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Payments are due as follows:

  • By check: Payments must be received by the 15th of the month preceding the month in which services will be performed.

  • By cash: Payments are due on the 1st day of the month in which the services will be performed.

  • By credit card* or ACH*: Charges will be applied on the first day of the month in which the services will be performed.
    *Payments not received via Zelle, Venmo, or PayPal will have a 3% processing fee.

 

If you choose to pay by credit card, you authorize U-Go Lugo to charge your credit card account for the services rendered. Any additional work beyond your recurring services will also be charged to your credit card upon completion. Certain services, such as restoration, may require a payment method on file and will be charged upon completion. U-Go Lugo reserves the right to impose a credit card processing fee at its discretion.

 

No advance notice will be provided prior to charging your credit card on the scheduled date. U-Go Lugo will seek authorization for any additional fees for services not included in the original agreement.

 

Charges will continue to be applied to your credit card for services until a final bill is issued after the termination of services. If your credit card payment fails, the outstanding balance will be indicated on your statement. Declined payments due to insufficient funds will be reprocessed on the first Friday of the month. If the 1st falls on a Friday, reprocessing will occur on the following Friday.

 

By using a credit card or charge card for payment, you irrevocably waive any right to initiate a chargeback or dispute the payment with your bank, credit card issuer, or other payment method provider. Should U-Go Lugo be unable to charge your payment method for the full amount due, or if a chargeback, reversal, or payment dispute occurs, you agree that we may pursue all available legal remedies to collect payment.

SERVICE TERM AND CANCELLATION POLICY
Any service cancellations requested within a given calendar month shall become effective on the final day of that month. No refunds shall be provided for any partial months of service.

ADDITIONAL COST SERVICES

U-Go Lugo will make reasonable efforts to ensure the safe and healthy maintenance of your pool. This may involve recommending additional services that fall outside the regular scope of work and may incur extra costs. Such additional services may include, but are not limited to:

  • Chemical surcharges resulting from unaddressed leaks in the pool;

  • Phosphate and black algae treatments;

  • Draining of pools to reduce total dissolved solids (TDS) levels;

  • Storm or special cleaning events;

  • Clean-up of broken glass and fecal matter;

  • Significant water level adjustments or draining due to a malfunctioning pool overflow system;

  • Extra visits required due to excessive bather loads as defined by permit;

  • Clean-up following pressure cleaning or landscaping services that result in substantial debris entering the pool;

  • Start-up procedures for newly resurfaced aquatic facilities, which may involve intensive labor and additional chemicals;

  • Use of additional chemical or mineral agents to maintain clear and balanced water, including coagulants, algaecides, sequestering or chelating agents, and flocculants;

  • Additional cleaning necessitated by equipment issues or replacements, which may result in downtime;

  • Submission of permitting requests for equipment changes.

 

If the Customer assumes partial or full responsibility for cleaning, an additional charge will apply for ad hoc visits and necessary maintenance.


PRE-AUTHORIZATION AMOUNT
To ensure your pool remains blue, clear, and ready for use, as a customer of U-Go Lugo, you authorize us to perform wear and tear repairs up to a cost of $99 without requiring additional approval. This authorization includes repairs to components such as baskets, pump lids, o-rings, pressure gauges, and similar items. Prompt repairs will help reduce pool downtime and prevent the escalation of potential issues resulting from delayed maintenance.

NATURAL DISASTERS
In the event of a natural disaster, including but not limited to hurricanes, tornadoes, or major flooding, U-Go Lugo reserves the right to prioritize the safety of our team and customers. We will make reasonable efforts to ensure the care and safety of your pool under such circumstances. However, service may be partially or wholly missed due to these conditions, and no credits will be issued for any missed or partial services resulting from such events.

TEMPORARY FUEL SURCHARGES
You acknowledge and agree that any temporary fuel surcharge imposed from time to time does not necessarily represent a direct offset or pass-through of U-Go Lugo's costs. Rather, such temporary fuel surcharges may include an amount that contributes to U-Go Lugo’s gross profit or margin.

HOLIDAYS

To ensure a positive working environment for our employees, U-Go Lugo will observe the following holidays during which business operations will be suspended:

  • New Year's Day

  • Memorial Day

  • Fourth of July

  • Labor Day

  • Thanksgiving Day

  • Christmas Week

 

In preparation for these holidays, U-Go Lugo will endeavor to complete work in advance and ensure that your aquatic environment remains in optimal condition with adequate chemical supplies. During the Christmas week, service schedules will be shifted forward by one week. You acknowledge and agree that no credits or refunds will be provided for services missed due to these scheduled closures.


LIMITED WARRANTY AND DISCLAIMER
U-Go Lugo agrees to provide the services in a timely and professional manner in accordance with industry standards. In the event of a breach of this warranty, U-Go Lugo’s sole liability and your sole remedy shall be the reperformance of the services that do not conform to this warranty. Except as expressly provided herein, and to the fullest extent permitted by applicable law, U-Go Lugo disclaims all warranties related to its services or any other matter covered by these Terms of Service, whether express or implied. This includes, but is not limited to, any warranties of non-infringement of third-party rights, title, merchantability, and fitness for a particular purpose. Both parties acknowledge that they are not relying on any representations or warranties regarding the subject matter of these Terms of Service, whether express or implied.

LIMITATION OF LIABILITY; CLASS ACTION WAIVER

To the fullest extent permitted by applicable law, U-Go Lugo shall not be liable under any theory of liability, whether equitable, legal, or based on common law, including but not limited to contract, strict liability, tort (including negligence), or otherwise, for any damages exceeding the total amount of charges paid or payable by you to U-Go Lugo during the six (6) month period preceding the claim. This limitation applies even if a remedy's essential purpose fails. U-Go Lugo shall not be liable for any special, incidental, indirect, exemplary, punitive, or consequential damages of any kind, including but not limited to business interruption, loss of profits, business opportunities, or goodwill, regardless of whether U-Go Lugo was advised of the possibility of such damages and notwithstanding the failure of any remedy's essential purpose.

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In the event of any claims or liabilities arising out of or related to this Terms of Service, you agree that such claims may only be brought on an individual basis and not as part of a class or representative action.


MODIFICATION TO TERMS
U-Go Lugo retains the right to amend the terms and conditions of this Terms of Service (TOS) or modify its policies related to the Services at any time. Such amendments will be effective upon the posting of an updated version of this TOS on the website. It is your responsibility to review the date of the most recent update at the top of this TOS each time you access the website or use the Services to ensure you are aware of the current terms. Continued use of the Services following any changes will signify your acceptance of the revised terms.

MISCELLANEOUS
Relationship: The execution of this Terms of Service (TOS) and the performance of its provisions shall not be interpreted as creating any agency, employment, partnership, joint venture, or legal representative relationship between the parties. During the term of this TOS, the parties shall act as independent contractors. Neither party, nor its employees or agents, shall be deemed to be or act as employees of the other party under any applicable laws or regulations, and no obligations or liabilities shall be imputed to either party by virtue of an employment relationship.
 

Governing Law: This Terms of Service (TOS) shall be governed by and construed in accordance with the laws of the State of Florida. The parties agree to submit to the jurisdiction and venue of the state and federal courts located in Hillsborough County, Florida.

 

Severability: If any provision of this TOS or its Exhibits is found to be invalid or unenforceable, such provision shall be revised, limited, or amended to reflect the parties' original intent in a manner that renders it valid and enforceable. The remaining provisions of this TOS shall remain unaffected and continue to be enforceable.

 

Waiver: The failure of either party to enforce any term of this TOS shall not be deemed a waiver of that term or any other term. No waiver shall be valid unless expressed in writing and signed by the party granting the waiver. Any waiver of one or more rights or remedies under this TOS shall not be construed as a waiver of any other rights or remedies, whether previously or subsequently available under this TOS or applicable law.

 

Headings, Counterparts, and Corporate Warranty: The headings in this TOS are for convenience only and do not affect the interpretation or scope of the provisions. This TOS may be executed in counterparts, each of which shall be deemed an original and together constitute a single agreement.

 

Entire Agreement: This TOS represents the complete and exclusive agreement between the parties concerning the subject matter herein. No other agreements, statements, promises, or practices related to the subject matter shall be binding on the parties.

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