Northstar Pool & Spa, LLC
(561) 336-1354 | www.Northstarpool.com
These Residential Pool / Spa Service Terms and Conditions (the “Terms and Conditions”) apply to residential pool/spa services provided by Northstar Pool & Spa, LLC (“Northstar”) and are incorporated into each signed Northstar Residential Pool / Spa Service Authorization (the “Service Authorization”). The Service Authorization and these Terms and Conditions together form the “Agreement.”
Customer means the person or entity identified in the Service Authorization.
Service Address means the residential property where Northstar provides service.
Services means routine residential pool/spa cleaning, water testing, chemical dosing, and chemistry-based maintenance provided by Northstar.
Work means the Services and any separately approved Add-On Services.
Add-On Services means optional maintenance, cleaning, chemistry-based treatment, or non-permanent maintenance consumables approved by Customer.
IMPORTANT MAINTENANCE-ONLY LIMITATION: Northstar performs routine residential pool/spa cleaning, water testing, chemical dosing, and chemistry-based maintenance only. Northstar is not a licensed pool contractor under Florida Statutes Section 489.105(3)(l). Northstar does not perform repairs, installations, remodeling, resurfacing, acid washing, draining, construction, structural work, electrical work, plumbing work, leak detection, pump replacement, filter replacement, heater repair, automation repair, salt-system repair, valve repair, or any other work requiring a Florida contractor license.
Any work requiring a Florida contractor license is excluded from the Agreement and must be performed by a separately contracted licensed professional.
Northstar’s obligations are limited to services that may lawfully be performed by a residential pool/spa cleaning and water-treatment provider without a Florida pool contractor license. Nothing in the Agreement requires Northstar to perform work that would require a contractor license, permit, or other authorization not held by Northstar.
Northstar issues electronic invoices on the first (1st) day of each month for that month’s Services. Payment is due on or before the twenty-second (22nd) day of the same month, unless otherwise agreed in writing.
Customer shall maintain a valid credit card or other approved payment method on file. Customer authorizes Northstar to charge the payment method on file on or after the invoice due date for monthly service fees, chemical usage, approved add-ons, applicable taxes, late fees, returned-payment fees, restart fees, device charges, or other amounts owed under the Agreement.
Customer may revoke recurring payment authorization by furnishing a new approved form of payment at least five (5) business days before the next invoice due date.
Past-due invoices may be subject to a one-time, non-compounding late administrative fee of $15.00 intended to cover administrative costs associated with late payment. No separate interest or finance charge shall accrue unless permitted by applicable Florida law and separately disclosed in writing. In no event shall any late fee, interest, finance charge, or similar charge exceed the maximum amount permitted by applicable Florida law.
A returned-payment fee of $25.00, or the maximum allowed by law if lower, may be assessed for any dishonored check, rejected electronic payment, chargeback, or failed payment.
Northstar may suspend service for any account that remains unpaid after written notice. Suspension of service does not cancel Customer’s obligation to pay amounts already owed. If service is suspended due to nonpayment, Northstar may require payment of all outstanding balances, applicable fees, a $50.00 restart fee, and any separately billed chemicals, labor, filter cleaning, or recovery service needed before service resumes.
All rates are exclusive of applicable taxes. Customer is responsible for all applicable state and local sales taxes, discretionary surtaxes, use taxes, and other taxes imposed by law. Taxes will be calculated using the applicable rate in effect at the time of invoicing.
Northstar may adjust monthly service rates, chemical pricing, add-on pricing, fees, or plan terms upon thirty (30) days’ written notice to Customer to reflect changes in chemical, fuel, labor, insurance, software, regulatory, business, or operating costs. Unless otherwise stated, rate changes will take effect at the start of the next billing cycle after notice is provided.
If Customer does not agree to a rate adjustment, Customer may cancel service before the new rate takes effect. Continued use of service after the effective date of the rate adjustment constitutes acceptance of the updated rate.
Should aggregate wholesale chemical costs increase by more than twenty percent (20%) from the Effective Date, Northstar may impose a temporary chemical surcharge, subject to quarterly review and fifteen (15) days’ advance notice. Customer may terminate the Agreement without penalty within fifteen (15) days of such notice if the surcharge exceeds fifteen percent (15%) of the prevailing Monthly Rate.
This section does not limit Northstar’s ability to bill separately for additional chemicals, corrective treatments, filter cleaning, storm cleanup, green pool recovery, heavy debris, customer-requested add-ons, specialty treatments, or other work outside the selected monthly service plan.
Northstar may supply liquid chlorine, trichlor tabs, stabilized and unstabilized shock, muriatic acid, sodium bicarbonate, cyanuric acid, salt for saltwater chlorine generator pools, algaecide, and other routine water-treatment products as appropriate for the pool/spa. Routine chemicals are billed to Customer monthly based on actual usage unless included in the selected plan tier. Specialty chemicals, including but not limited to metal sequestrants, phosphate removers, flocculants, clarifiers, borates, stain treatments, enzymes, and new-water conditioning treatments, are billed per application and excluded unless specifically authorized.
Chemicals are applied in accordance with label directions and standard service practices. Safety Data Sheets (SDS) are available to Customer upon request.
Northstar may, upon Customer request and with Northstar’s consent, store Customer-purchased chemicals at the Service Address for exclusive use at that property. These chemicals must be kept in a safe, shaded, weather-protected, and accessible area. Title to such Customer-purchased chemicals shall remain with Customer, and Northstar shall not be liable for loss, degradation, contamination, mislabeling, expiration, damage, or reduced effectiveness due to improper storage conditions unless otherwise agreed in writing.
Northstar does not warrant the effectiveness, purity, suitability, shelf life, concentration, labeling accuracy, or results of any Customer-provided chemicals or products. Northstar is not responsible for water imbalance, staining, scaling, cloudy water, algae, equipment damage, surface damage, chemical conflicts, inaccurate test results, increased chemical demand, or treatment failure caused by or related to Customer-provided products or products added by Customer, guests, another service provider, retailer, or third party.
Customer agrees not to add any chemicals, minerals, salt, chlorine, acid, shock, algaecides, phosphate removers, stain treatments, clarifiers, enzymes, borates, or other water-treatment products to the pool/spa without Northstar’s prior consent.
(a) Liability Disclaimer. To the extent permitted by Florida law, Northstar disclaims all liability for any damages, conditions, or service issues resulting from or related to chemicals or products added by Customer, guests, third parties, or based on recommendations from pool supply stores, home improvement retailers, online sources, or other third parties. This includes, but is not limited to, water chemistry imbalances, algae growth, cloudy water, scaling, plaster staining, surface discoloration, heater corrosion, pump seal failure, equipment damage, inaccurate test results, increased chemical demand, or treatment failure.
Any unauthorized chemical addition shall be considered an intervening cause of any related chemistry, water-quality, staining, scaling, algae, or equipment issue and shall void the Never-Green Guarantee or any other chemistry-related guarantee as to any condition caused by, related to, or occurring after the unauthorized addition.
(b) Narrow Emergency Exception. Notwithstanding the above, Customer may take immediate chemical action only if such action is reasonably necessary to prevent imminent harm to health, safety, or equipment, and Northstar is notified in writing by email or text as soon as reasonably practicable, and no later than forty-eight (48) hours after the action taken. Customer’s notice should identify what was added and when, if known. Any emergency chemical additions are performed at Customer’s sole risk and expense. Failure to provide notice as soon as reasonably practicable, and no later than forty-eight (48) hours after the action taken, shall waive any related service guarantee, including the Never-Green Guarantee, as to any condition caused by, related to, or occurring after the chemical addition.
(c) Corrective Action. Following any unauthorized or emergency chemical addition, Northstar may require water testing, corrective treatment, additional chemicals, additional labor, temporary suspension of service, or exclusion of the affected condition from any service guarantee. Any corrective work may be billed separately.
Customer shall:
Customer is solely responsible for equipment damage, pump damage, water-quality problems, or service failures caused by low, high, or improper water level, unless caused by Northstar’s gross negligence or willful misconduct.
If lightning is detected within a ten (10)-mile radius, Services shall be suspended and may resume thirty (30) minutes after the last observed thunder or lightning. If safe conditions do not return, Northstar may perform a chemical-only visit, shorten service, or reschedule without additional charge.
When sustained winds exceed thirty-five (35) mph, a tropical storm warning or hurricane warning is in effect, flooding occurs, access is unsafe, or route conditions are unsafe, Services may be reduced to chemical-only, shortened, deferred, or skipped. Billing shall continue under the Agreement.
Northstar may observe major U.S. holidays and may close or reduce service during holiday weeks. If Customer’s regular service day falls on an observed holiday, Northstar will make reasonable efforts to reschedule that visit to the nearest available service day before or after the holiday, subject to route capacity, weather, safety, and operational conditions.
Customer’s Monthly Rate is calculated on a four-week billing cycle. Several calendar months each year contain a fifth scheduled service day. Northstar may perform that additional visit at no extra charge. These fifth-week visits offset the reduced holiday schedule, holiday closures, and weather-related service limitations. For this reason, no invoice adjustments are made for holiday closures, reduced holiday service, fifth-week visits, or rain-shortened visits.
Customer agrees that each filter system shall receive routine filter maintenance at least once every three (3) months at the then-current rate set forth in the Service Authorization, approved rate sheet, or written service quote, unless Northstar determines a different interval is appropriate based on filter type, pressure readings, water flow, pool condition, equipment condition, service history, storms, debris load, algae treatment, or other operating conditions.
Northstar may recommend or require additional filter maintenance when filter pressure rises approximately 8–10 psi above the clean starting pressure, when return flow is reduced, when water clarity declines, when chemical demand increases, after algae treatment, after heavy storms or debris events, or when Northstar otherwise determines that filter condition is affecting service quality.
For new customers, Northstar may recommend an initial filter cleaning, cartridge cleaning, or backwash within the first quarter of service to establish a clean baseline pressure and evaluate filter performance.
For cartridge filters, routine filter maintenance means removal and cleaning of cartridge elements.
For sand or glass media filters, routine filter maintenance means backwashing and rinsing the filter where the equipment is functioning properly and the backwash/rinse controls are safe and customer-accessible.
For DE filters, routine filter maintenance may include backwashing, cleaning, and recharge only where appropriate, legally permitted, and within Northstar’s maintenance-only scope.
Customer is responsible for ensuring the pool system has a legal, safe, and functional drainage, discharge, or separation area for filter discharge. Northstar may decline, defer, or limit filter maintenance if Northstar determines that discharge cannot be performed safely, legally, or within Northstar’s maintenance-only scope.
Filter maintenance under this Agreement is limited to routine maintenance cleaning or backwashing unless Northstar separately quotes and Customer approves additional filter-related service.
Routine filter maintenance may include cartridge element cleaning, sand or glass media backwashing and rinsing, and DE filter maintenance where appropriate, legally permitted, and within Northstar’s maintenance-only scope.
Deep filter cleaning, filter teardown cleaning, DE grid cleaning, DE recharge, and filter media replacement, including sand, glass, or DE-related media service, are not included in routine service and must be separately quoted and approved in writing before performance.
Northstar may perform separately approved filter-related services only to the extent such work is legally permitted and within Northstar’s maintenance-only scope. If the work requires a licensed contractor, Northstar may refer Customer to a separately contracted licensed professional.
Filter-related service does not include lateral repair, manifold repair, internal filter repair, plumbing modification, valve repair, equipment installation, equipment replacement, electrical work, or any licensed contractor work unless performed by a properly licensed professional.
Failure to complete recommended or required filter maintenance may affect circulation, water clarity, chemical demand, algae prevention, and service guarantees, including the Never-Green Guarantee.
When high winds, heavy rain, storm activity, heavy leaf drop, landscaping work, construction debris, screen-enclosure debris, animal waste, or other unusual conditions overwhelm normal service, Customer may authorize a Single-Fee Debris Cleanup for a flat charge of $195.00.
This single fee covers:
The flat fee includes a combined total of ninety (90) minutes of on-site labor across both visits. Any labor beyond that 90-minute allowance is billed at $95.00 per hour in 30-minute increments. Service time, labor, site conditions, and completion status may be documented through PoolBrain, GPS-enabled service records, timestamped photographs, technician notes, or similar service-log tools.
Specialty chemicals, including but not limited to shock, clarifier, flocculant, phosphate remover, enzymes, or stain treatments, are billed separately. Customer is responsible for removing debris from screen-enclosure roofs, gutters, landscaping, patios, and surrounding surfaces. Algae, staining, or water-quality issues resulting from such debris may be handled under these same Heavy-Debris rates or other approved corrective-treatment rates.
All Add-On Services require Customer approval before performance. Add-On Services are limited to routine maintenance, chemistry-based maintenance, cleaning, or non-permanent maintenance consumables. Add-On Services do not include repairs, installations, remodeling, resurfacing, acid washing, draining, plumbing, electrical work, leak detection, equipment replacement, or any work requiring a Florida contractor license.
Variable-Speed Pump Timer Adjustment means programming customer-accessible controls only. It does not include wiring, electrical work, repair, replacement, automation repair, or equipment modification.
Salt-Cell Cleaning means cleaning only. It does not include diagnosis, repair, replacement, plumbing, electrical work, or equipment modification.
Phosphate removal is limited to testing, dosing, and application of phosphate-removal or related water-treatment products. It does not include equipment repair, plumbing modification, drain-and-clean work, resurfacing, or any licensed contractor work.
Stain diagnostic and treatment services are limited to identifying likely stain type and applying chemistry-based or topical treatment where appropriate and legally permitted. These services do not include acid washing, draining, resurfacing, plaster repair, structural work, leak detection, plumbing, electrical work, equipment repair, or any work requiring a Florida pool contractor license.
With Customer’s prior approval, Northstar may provide or replace non-permanent, user-replaceable maintenance consumables, including skimmer baskets, pump baskets, cleaner bags, lid O-rings, or similar incidental items. Maintenance consumables are not included in the Monthly Rate unless expressly stated in writing and may be billed separately.
Maintenance consumables do not include pump seals, motors, electrical components, plumbing components, valves, heaters, automation equipment, salt systems, filter internals, permanently attached equipment, pressure-side equipment, structural components, or any item requiring substantial disassembly, installation, modification, repair, replacement, or licensed contractor work.
All Add-On rates are subject to confirmation in writing before performance and are exclusive of applicable taxes.
All WaterGuru hardware and similar monitoring equipment remain Northstar property and must be returned in good working condition upon downgrade, cancellation, or termination of the Premium+ Plan.
If the WaterGuru device or similar monitoring equipment is not returned within ten (10) days of downgrade, cancellation, or termination, Customer shall pay the lesser of (a) the device’s then-current manufacturer suggested retail price (MSRP) or (b) $495.00, plus any applicable taxes and shipping, to the extent permitted by law. Customer authorizes Northstar to bill such amount to the payment method on file.
If Customer enrolls in Premium+ or otherwise uses a WaterGuru, remote monitoring device, client portal, service application, or similar technology, Customer may provide Northstar with Wi-Fi credentials, device access information, water-quality data, photographs, service records, or related account information.
Northstar shall use such information only for service setup, monitoring, maintenance, customer communication, billing, documentation, troubleshooting, and operation of the Services. Northstar will not sell Customer’s Wi-Fi credentials or personal information.
Customer acknowledges that third-party platforms, including device manufacturers, payment processors, scheduling software, or service-log platforms, may process information subject to their own terms and privacy practices.
Customer is responsible for maintaining the security of Customer’s home network, router, passwords, and internet service. Northstar is not responsible for internet outages, Wi-Fi signal issues, router settings, third-party platform outages, device manufacturer issues, cybersecurity events outside Northstar’s reasonable control, or Customer’s failure to maintain network access.
Northstar performs pool/spa cleaning and water treatment only and is not a licensed contractor under Florida Statutes Section 489.105(3)(l). Upon detecting equipment defects, suspected leaks, repair needs, or conditions outside Northstar’s maintenance-only scope, Northstar may:
Any referral is provided solely as a courtesy and for no referral fee. Northstar does not supervise, control, employ, guarantee, warrant, or assume responsibility for the work, pricing, licensing, insurance, acts, omissions, negligence, delays, recommendations, or results of any third-party contractor or service provider. Northstar does not warrant the performance, licensing, or insurance of any third-party contractor. Customer is solely responsible for verifying the credentials, license status, insurance, pricing, scope, and suitability of any referred professional before work begins.
All repair contracts, payments, warranties, scheduling, disputes, and communications shall be exclusively between Customer and the third-party contractor or service provider.
Customer is solely responsible for selecting, hiring, contracting with, paying, and supervising any third-party contractor or service provider. Customer agrees to release, defend, indemnify, and hold harmless Northstar from any claims, damages, losses, costs, delays, workmanship issues, warranty issues, or expenses arising out of or related to the acts, omissions, work, recommendations, pricing, or charges of any third-party contractor or service provider selected or hired by Customer, even if Northstar provided the referral.
NORTHSTAR MAINTAINS GENERAL-LIABILITY INSURANCE IN THE AMOUNT OF ONE MILLION DOLLARS (US $1,000,000.00). TO THE EXTENT PERMITTED BY FLORIDA LAW, NORTHSTAR’S AGGREGATE LIABILITY FOR PROPERTY DAMAGE OR LOSS ARISING UNDER OR RELATING TO THE AGREEMENT, INCLUDING CLAIMS BASED ON ORDINARY NEGLIGENCE, SHALL NOT EXCEED THE TOTAL FEES PAID BY CUSTOMER IN THE PRECEDING THREE (3) MONTHS. THIS LIMITATION DOES NOT APPLY TO GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST USE OF THE POOL/SPA, LOSS OF RENTAL INCOME, LOSS OF ENJOYMENT, OR THIRD-PARTY CHARGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NORTHSTAR SHALL NOT BE RESPONSIBLE FOR PERSONAL INJURY, PRE-EXISTING CONDITIONS, PRIOR STAINING, SCALE, SURFACE DEFECTS, LEAKS, EQUIPMENT FAILURE, POOR CIRCULATION, INADEQUATE FILTRATION, LOW WATER LEVEL, HIGH WATER LEVEL, IMPROPER WATER LEVEL, CUSTOMER NEGLECT, STORM DAMAGE, POWER OUTAGES, FLOODING, ACTS OF GOD, CUSTOMER-ADDED CHEMICALS, THIRD-PARTY CHEMICALS, CUSTOMER-PROVIDED PRODUCTS, THIRD-PARTY WORK, MANUFACTURER DEFECTS, OR CONDITIONS OUTSIDE NORTHSTAR’S REASONABLE CONTROL, EXCEPT TO THE EXTENT CAUSED BY NORTHSTAR’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
Customer shall indemnify, defend, and hold harmless Northstar against third-party claims, damages, losses, liabilities, costs, or expenses resulting from Customer’s breach of the Agreement, unsafe site conditions, blocked access, aggressive pets, unauthorized chemical additions, Customer-provided products, third-party work, or conditions outside Northstar’s reasonable control.
Northstar shall indemnify and hold harmless Customer against third-party claims, damages, losses, liabilities, costs, or expenses to the extent finally determined to have been caused by Northstar’s gross negligence, willful misconduct, or liability that cannot be limited under applicable law.
Nothing in the Agreement is intended to limit liability in a manner prohibited by Florida law.
Northstar shall not be responsible for pre-existing defects, prior staining, scale, leaks, plaster defects, surface deterioration, tile defects, coping defects, equipment failures, plumbing issues, electrical issues, heater issues, automation issues, salt-system issues, filter issues, or other conditions existing before or occurring during normal service, except to the extent caused by Northstar’s gross negligence, willful misconduct, or liability that cannot be limited under applicable law.
Customer warrants that all equipment is safe and operable or has disclosed known issues in writing before service begins. Customer acknowledges that routine pool service may reveal pre-existing conditions, wear, leaks, defects, or equipment failures that were not visible or apparent at the start of service.
While Customer remains enrolled in Premium+, Customer’s account is in good standing, Northstar has regular access to the pool/spa, pool equipment is operating properly, water level is maintained, and Customer approves recommended corrective treatments, Northstar’s Never-Green Guarantee provides one Green-to-Clean treatment at no additional charge if green algae develops due solely to Northstar’s routine water-chemistry maintenance.
Customer must notify Northstar within twenty-four (24) hours of observing green algae.
The guarantee does not apply to algae, cloudy water, poor water clarity, staining, scaling, or water-quality issues caused by or related to lack of access, locked gates, unsafe conditions, aggressive pets, low water level, high water level, improper water level, leaks, power outages, storms, hurricanes, flooding, heavy rain, excessive bather load, landscaping debris, animal waste, fertilizer runoff, high phosphate levels, high cyanuric acid, poor circulation, insufficient filtration, dirty or failing filters, malfunctioning pumps, timers, valves, heaters, salt systems, automation systems, customer-added chemicals, third-party chemical additions, customer-provided chemicals, failure to approve recommended services, failure to follow Northstar’s recommendations, or conditions outside Northstar’s reasonable control.
The guarantee is limited to reasonable corrective service as determined by Northstar and does not include refunds, consequential damages, equipment replacement, resurfacing, stain removal, leak repair, acid washing, draining, or third-party repair costs.
Customer authorizes Northstar to take date-stamped photographs and videos of the pool/spa, water conditions, equipment, access points, service conditions, chemical readings, debris, damage, blocked access, unsafe conditions, animal waste, and related site conditions for maintenance records, customer updates, service logs, internal documentation, billing support, and dispute protection.
Customer also authorizes Northstar to use photographs or videos for marketing purposes, provided such images do not intentionally identify minors, residents, personal documents, license plates, sensitive personal information, or private interior spaces. Customer may revoke marketing consent at any time by providing written notice, including email, to Northstar. Revocation of marketing consent does not restrict Northstar’s right to maintain service documentation for operational, billing, insurance, legal, or dispute-resolution purposes.
Images depicting minors or identifiable residents shall be redacted or excluded prior to external marketing use.
The Agreement shall commence on the Effective Date and shall continue on a month-to-month basis until terminated as provided herein.
Either Party may terminate the Agreement without cause by providing at least thirty (30) days’ written notice. Upon termination, any prepaid Monthly Rate shall be refunded to Customer on a pro-rata basis, less any outstanding charges, fees, billed or unbilled chemical usage charges, add-on charges, recovery charges, device replacement charges, or other amounts owed.
Northstar may suspend or terminate Services immediately for hazardous site conditions, unsafe access, aggressive pets, repeated blocked access, tampering with equipment, unauthorized chemical additions, customer conduct that is abusive or threatening, refusal to approve necessary corrective work, or non-payment following a ten (10)-day written cure notice.
Because pool water requires ongoing circulation, sanitation, and chemical maintenance, service does not automatically pause when Customer is away from the property. Customer remains responsible for regular service charges unless Northstar agrees in writing to a temporary service pause.
If service is paused, Customer acknowledges that water quality may decline and that additional cleaning, chemicals, filter service, algae treatment, or recovery service may be required before regular service resumes. Such recovery work may be billed separately. Northstar is not required to hold a route position during an extended service pause unless otherwise agreed in writing.
The Agreement shall be governed by the laws of the State of Florida. Exclusive venue for any action arising under or relating to the Agreement, the Services, or amounts owed shall be the courts of competent jurisdiction in Palm Beach County, Florida.
Any dispute, claim, or action arising out of or relating to the Agreement, the Services, or amounts owed shall be brought in Palm Beach County, Florida.
For disputes within the jurisdictional limit of Florida Small Claims Court, either Party may file the matter in Small Claims Court in Palm Beach County, Florida.
For disputes exceeding the Small Claims Court jurisdictional limit, the Parties shall first make a good-faith effort to resolve the matter informally for a period of up to thirty (30) days after written notice of the dispute. If the dispute is not resolved within that period, either Party may pursue any remedies available under Florida law, unless the Parties separately agree in writing to mediation or arbitration.
The informal dispute-resolution period does not prevent either Party from filing in Small Claims Court where available and does not restrict Northstar’s right to pursue collection of unpaid amounts through any lawful process.
In any action, claim, collection matter, arbitration, appeal, or legal proceeding arising out of or relating to the Agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees, including attorney’s fees for any appellate proceedings, court costs, arbitration costs, collection costs, and other reasonable expenses incurred in enforcing or defending its rights under the Agreement, to the extent permitted by Florida law.
Neither Party shall be liable for delay or failure to perform due to acts of God, lightning, hurricane, tropical storm, flooding, pandemic, labor shortage, supply shortage, government order, fuel shortage, equipment failure outside the Party’s reasonable control, unsafe conditions, emergency closures, or other events beyond reasonable control. Obligations shall resume promptly upon cessation of the event when safe and practical.
During the term of the Agreement and for twelve (12) months after service ends, Customer shall not knowingly solicit, hire, or directly engage any employee, technician, subcontractor, or representative of Northstar to provide pool or spa services outside of Northstar without Northstar’s prior written consent.
This section does not prohibit general employment advertising or hiring of a person who responds to a general advertisement not specifically directed at Northstar personnel.
Customer may not assign the Agreement without Northstar’s prior written consent. Northstar may assign the Agreement, in whole or in part, to a successor, affiliate, purchaser of the business, purchaser of the route, or other service provider capable of performing the Services, provided Customer receives written notice of the assignment.
Each Party shall comply with applicable federal, state, and local laws, rules, and regulations relating to its obligations under the Agreement. Northstar’s obligations are limited to services that may lawfully be performed by a residential pool/spa cleaning and water-treatment provider without a Florida pool contractor license. Nothing in the Agreement requires Northstar to perform work that would require a contractor license, permit, or other authorization not held by Northstar.
Customer agrees that invoices, service notices, account notices, cancellation notices, rate-change notices, chemical notices, device notices, and other communications may be sent electronically to the Customer email address or phone number listed in the Service Authorization, unless a different notice address is provided in writing. Customer is responsible for keeping contact information current.
Routine operational communications, including service updates, access issues, photographs, chemical readings, scheduling messages, invoices, payment reminders, route updates, and non-legal account notices, may be sent by email, text message, PoolBrain, customer portal, or similar service-log platform.
Formal legal notices, including notices of breach, legal claims, or legal proceedings, should be sent by email and by certified mail, courier, or another legally recognized delivery method to the address or email listed in the Service Authorization, or to any updated notice address provided in writing.
Notices from Northstar are deemed delivered when sent by email unless Northstar receives an automatic delivery failure notice, or when delivered by certified mail, courier, or another legally recognized delivery method.
The Agreement may be signed in counterparts, each of which shall be deemed an original and all of which together shall constitute one agreement. Signatures delivered electronically, including by e-signature platform, email, PDF, or similar electronic means, shall be deemed valid and binding to the fullest extent permitted by law.
Any provision that by its nature should survive cancellation, termination, or expiration of the Agreement shall survive, including but not limited to payment obligations, unbilled chemical charges, device return obligations, limitation of liability, indemnity, photography and documentation rights, dispute resolution, governing law and venue, attorney’s fees and costs, non-solicitation, privacy and device-data provisions, and any service exclusions or warranty disclaimers.
No failure or delay by either Party in exercising any right, remedy, or provision under the Agreement shall operate as a waiver of that right, remedy, or provision. Any waiver must be in writing and applies only to the specific instance identified in the written waiver.
The Agreement, including the Service Authorization and these Terms and Conditions, constitutes the entire agreement between the Parties and supersedes all prior understandings, proposals, advertisements, oral statements, and communications regarding the Services. If any provision is determined invalid, illegal, or unenforceable, the remainder shall remain in full force and effect.
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