Terms & Conditions

Please review our Customer General Terms and Conditions below. There are also Pool Customer Terms and Conditions listed directly after the General Terms and Conditions.

Customer General Terms and Conditions

Please review this document carefully. This agreement is delivered electronically together with, or via reference from, the initial Quote. By electronically approving any Quote, Invoice, or Service Agreement issued by EverClean (the "Service Provider"), you (the "Customer") acknowledge and agree that: (i) you have received these Terms and Conditions electronically; (ii) you have had the opportunity to review them in full prior to approval; and (iii) this document constitutes a legally binding agreement.

1. Access, Safety, and Site Conditions

  • Customer shall provide EverClean with full and exclusive access to all areas covered by the Quote during scheduled service times.

  • While EverClean is on site, Customer is responsible for keeping all children, pets, and other individuals away from work areas. All individuals, children, and pets must remain off cleaned surfaces until fully dry. EverClean is not responsible for injuries or damages resulting from failure to comply with this requirement.

  • By approving the Quote, Customer authorizes EverClean to use onsite water sources as necessary to complete services at no additional charge. If an offsite water source is required, additional charges may apply. Customer is responsible for ensuring water supply is on and operational prior to EverClean’s arrival.

  • Driveways and work areas must be clear of vehicles and obstacles prior to service. Removal and replacement of furniture, grills, planters, rugs, lighting, or other items is the responsibility of the Customer unless otherwise stated on the Quote. If EverClean is required to move items, EverClean assumes no responsibility for damage, and a minimum $35 charge may be applied.

  • EverClean is not responsible for damage resulting from improperly installed, aged, loose, or poorly maintained siding, roofing, windows, doors, gutters, electrical fixtures, mortar, caulking, or other building components. Pressure washing may reveal pre-existing fading, discoloration, oxidation, or deterioration for which EverClean assumes no responsibility.

  • Some stains, including but not limited to rust, tree sap, artillery fungus, paint, oxidation, calcium deposits, and organic staining, may not be removable. Additional treatment may incur additional charges, and some stains may be permanent.

  • Customer represents that the property is in good repair and weather-tight. EverClean is not responsible for water intrusion, electrical damage, or related issues resulting from pre-existing defects or improper installation.

  • Any questions, concerns, or requested changes must be communicated prior to the start of service.

  • Progress photos and/or videos may be taken during service and may be used for marketing and documentation purposes without compensation.

  • A $50 service disruption charge may be applied if EverClean arrives and Customer has failed to complete required preparations outlined in this agreement.

  • Inclement weather may affect scheduling. EverClean will notify Customer of any necessary rescheduling.

2. Warranty and Limitations

EverClean warrants that services will be performed in accordance with generally accepted industry standards. This warranty excludes damage caused by factors beyond EverClean’s control, including but not limited to pre-existing defects, improper installation, misuse, abuse, lack of maintenance, third-party actions, or acts of nature.

All claims must be reported in writing within seven (7) days of service completion. EverClean reserves the sole right to inspect, determine validity, and remedy any approved claim.

3. Payments, Fees, and Suspension of Service

  • Payment is due upon completion of services unless otherwise agreed in writing.

  • EverClean may impose a credit card processing surcharge on all applicable transactions, including recurring and automatic payments, as permitted by law.

  • Customer agrees to maintain a valid credit card on file for recurring or scheduled services.

  • If payment is declined, reversed, charged back, or otherwise not received when due, EverClean may immediately suspend services until payment is brought current.

  • Late payments may accrue interest at the rate of 1.5% per month (or the maximum rate permitted by law), calculated from the due date until paid.

  • Customer agrees to pay all reasonable costs incurred by EverClean in collecting unpaid balances, including administrative fees, collection agency fees, court costs, and reasonable attorney’s fees.

  • EverClean reserves the right to apply payments first to outstanding fees, interest, and collection costs before applying payments to service charges.

4. Force Majeure

EverClean shall not be liable for delays, interruptions, or failure to perform services due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, severe weather, labor shortages, supply chain disruptions, equipment failure, governmental orders, or emergencies.

5. Limitation of Liability

To the fullest extent permitted by law, EverClean shall not be liable for any incidental, consequential, indirect, or special damages, including loss of use, loss of enjoyment, or diminution of property value.

EverClean’s total liability for any claim arising out of or related to this agreement shall not exceed the total amount paid by the Customer for the specific service giving rise to the claim.

6. Binding Agreement

By approving the Quote, Customer authorizes EverClean to perform the agreed scope of work and confirms acceptance of all terms and conditions contained herein.

Pool Customer Terms and Conditions

7. Service-Specific Supremacy

In the event of a conflict between these Pool Customer Terms and Conditions and the Customer General Terms and Conditions, these Pool Customer Terms and Conditions shall govern with respect to pool-related services.

8. Scope of Weekly Pool Service

Weekly service includes one visit per week and may include:

  • Water analysis

  • Chemical balancing of basic chemicals to include pH, alkalinity, sanitizer levels, and salt

  • Brushing pool tile, walls, and steps as needed

  • Emptying baskets and cleaner bags

  • Skimming surface debris

  • Vacuuming pool and/or spa as needed

  • Equipment checks

  • Verification that the automatic pool cleaner is present, functional, and operated in accordance with EverClean’s recommendations

  • Filter backwashing as needed (excluding DE filter cleanings)

9. Customer Responsibilities

Customer agrees to:

  • Maintain proper pool and spa water levels

  • Keep all pool equipment operational

  • Have, maintain, keep operational, and operate an automatic pool cleaner in accordance with EverClean’s recommendations and manufacturer guidelines

  • Operate pool equipment and automatic cleaners as recommended and required by EverClean, which may include daily or multiple weekly operation depending on conditions

  • Report notable pool or equipment issues promptly

  • Ensure unobstructed access during scheduled service

  • Provide required electricity and utilities

  • Maintain gates, walkways, and access areas in safe condition

  • Remove debris from pool, skimmer baskets, and pool robot baskets between service visits

Failure to comply may result in reduced service effectiveness, additional charges, suspension of service, or termination of this agreement.

10. Exclusions

EverClean is not responsible for:

  • Maintaining water levels

  • Debris caused by acts of nature or third parties

  • Landscaping, lawn service, or tree trimming

  • Damage or loss caused by customer misuse, neglect, or failure to follow recommendations

  • Animals or wildlife

11. Access Requirements

Customer must provide safe and full access to pool equipment, utilities, and work areas. Denied or restricted access may result in rescheduling fees and assessment of the full weekly service charge without service being performed.

12. Openings, Closings, and Additional Services

Pool openings, closings, filter cleanings, repairs, storm cleanups, algae remediation, animal removal, additional chemicals due to storms, and other non-standard services are billed separately and due upon receipt.

13. Rates and Payment Terms

  • Monthly rates are based on pool size, features, and surrounding conditions.

  • Payments are processed monthly in advance.

  • Customer must maintain a valid credit card on file at all times.

  • Failure to maintain a valid credit card on file may result in immediate suspension or termination of service without advance notice.

14. Inclement Weather and Holidays

Service may be modified or skipped due to inclement weather or holidays. No credits are issued for weather- or holiday-related skipped services.

Scheduled holidays, unless otherwise notified:

  • New years day

  • Independence day

  • Labor day

  • Day of and day after Thanksgiving

  • Day of and day after Christmas

15. Dispute Resolution

  • Invoice disputes must be communicated in writing within fifteen (15) days of receipt.

  • Service quality or frequency concerns must be communicated via email within twenty-four (24) hours after the service occurred or was scheduled to occur.

  • Failure to provide timely notice constitutes acceptance of services and charges.

  • The parties agree to work in good faith to resolve disputes.

  • If litigation is required, EverClean shall be entitled to recover reasonable attorney’s fees, court costs, and allowable litigation expenses.

16. Cancellation and Termination

This is a month-to-month agreement.

  • Either party may cancel with thirty (30) days’ written notice.

  • EverClean may suspend services immediately for non-payment without waiving the right to collect outstanding balances.

  • EverClean may terminate this agreement immediately, without the 30-day notice requirement, for repeated failure to follow operational or maintenance recommendations after two (2) written notices.

  • EverClean may also terminate immediately for abuse of personnel, unsafe working conditions, repeated access issues, or material misrepresentation by the Customer.

  • Customer remains responsible for all services rendered and fees incurred through the termination or suspension date.

17. Updates to Terms and Conditions

EverClean reserves the right to update or modify these Terms and Conditions as reasonably necessary. Customers will be notified of material updates via email, text message, or other written communication. Continued receipt of services or payment after the effective date of updated terms, without written objection within fourteen (14) days, constitutes acceptance. If Customer objects, services will be terminated immediately.

18. Written Notice

For purposes of this agreement, written notice includes email and/or text message sent to the contact information on file.

19. Scheduling

EverClean will attempt to service pools on a consistent weekly schedule; however, service days may change based on availability, weather, or operational needs.

Additional Legal Provisions For All Customers

Electronic Delivery and Acceptance

These Terms and Conditions are provided exclusively in electronic form and are incorporated by reference into the Quote provided to the Customer. Customer agrees that electronic approval of the Quote constitutes full acceptance of these Terms and Conditions without the need for a physical or handwritten signature. Customer further agrees that electronic records, electronic signatures, and electronic approvals shall have the same legal effect as original written documents and signatures, in accordance with applicable law, including the Electronic Signatures in Global and National Commerce Act (E-SIGN Act).

Governing Law and Venue

This agreement shall be governed by and construed in accordance with the laws of the State of Texas. Venue for any legal action shall lie exclusively in the state or county courts located in the county where EverClean’s principal place of business is located.

No Waiver

Failure by EverClean to enforce any provision shall not constitute a waiver of the right to enforce that or any other provision.

Severability

If any provision of this agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.