Commercial Service Terms

BlueSway Pools – Commercial Service Terms & Conditions

By approving this quote, scheduling service, or allowing access to the property, you agree to the following terms. These Commercial Terms & Conditions incorporate and expand upon BlueSway’s standard Residential Service Terms and apply to all commercial service accounts, including HOAs, gyms, apartment communities, hospitality properties, public facilities, and any non-residential pool sites.

A) Email, Text & Digital Consent
You authorize BlueSway Pools ("BlueSway," "we," "us") to contact you or your designated representatives via email, SMS, phone, and other digital platforms for service communication, scheduling, billing, documentation, and where permitted by law, marketing. Transactional messages cannot be opted out of while service is active. Marketing communications can be opted out of as described in our residential terms.

B) Photo & Video Documentation and Use
You authorize BlueSway to take photos and videos of the pool area, equipment, and work performed for documentation, training, and service verification purposes. These images may also be used in marketing materials unless you notify us in writing to opt out. Personally identifiable information, including security cameras, tenant images, or identifying signage, will be excluded or blurred where feasible. Documentation images may be retained and used for dispute resolution and internal records regardless of opt-out status.

1. Scope of Work
BlueSway provides commercial pool cleaning, chemical balancing, maintenance, water testing, equipment checks, and related pool care services. We do not provide construction, remodeling, leak detection, electrical, plumbing, or engineering services unless explicitly quoted. Services are limited to those listed in the approved quote or service agreement. Any additional or out-of-scope work requires written authorization and may be billed separately.

2. Access & Operational Requirements
You agree to provide consistent, safe access to the pool, equipment room, and other relevant areas. This includes access via keys, fobs, codes, or escort by site personnel. Pools must remain accessible during service windows. Delays due to access restrictions may result in trip fees or rescheduling without refund or credit. If access is repeatedly denied, service may be paused or terminated.

3. On-Site Personnel and Point of Contact
A designated point of contact (manager, maintenance staff, or authorized representative) must be reachable for approvals, safety issues, and emergency communication. You are responsible for providing accurate contact information and updating BlueSway if it changes.

4. Chemical Use, Testing, and Limitations
Water is tested and treated using industry-standard practices and commercial-grade chemicals. Results reflect the water chemistry at the time of testing, which may change due to external factors such as bather load, weather, landscaping runoff, or system malfunction. Unless otherwise stated, chemical costs are billed separately and vary based on pool size, usage, and environmental conditions. Certain conditions (e.g., algae blooms, metal stains, phosphates, high CYA levels) may require enhanced or repeat treatments. BlueSway does not guarantee permanent water clarity or stain prevention.

5. Equipment Use, Readings & Wear
You authorize BlueSway to operate pool equipment controls as necessary for standard services. We may adjust timers, pump settings, valves, and automation panels as needed. We do not modify wiring or make repairs unless specifically quoted. Wear-and-tear components such as sensors, gauges, o-rings, and unions may degrade without warning. Failures of aging or compromised components are not the responsibility of BlueSway unless directly caused by our gross negligence.

6. Wear, Aging Systems & Infrastructure Limitations
Commercial pools endure high usage and exposure to elements. Corrosion, scaling, and aging infrastructure may cause component failure. BlueSway is not responsible for damages or failures due to pre-existing conditions, deferred maintenance, poor installation, or age-related degradation. Examples include but are not limited to failing valves, brittle plumbing, leaking filters, corroded heaters, failing salt cells, broken skimmers, or cracked plaster.

7. Third-Party Repairs and Vendor Coordination
If a condition is outside our service scope, we may recommend third-party vendors. Unless expressly stated in writing, BlueSway is not responsible for the actions, timing, or workmanship of third-party contractors. If we coordinate with a vendor on your behalf, such work is performed under their terms and liability.

8. Insurance and Licensing
BlueSway Pools maintains general liability insurance and workers’ compensation as required for commercial pool services in Florida. Certificates of Insurance (COIs) can be provided upon request. Licensing status can be confirmed with the Florida Department of Business & Professional Regulation. These protections apply only to work performed directly by BlueSway and do not extend to third-party vendors unless otherwise agreed.

9. Incident Response and Hazard Reporting
If we observe safety hazards or regulatory issues during service (such as missing drain covers, loose railings, or non-functioning emergency shutoffs), we may document and report them to the property manager or point of contact. We reserve the right to pause service if conditions are deemed unsafe for personnel, tenants, or guests.

10. Compliance With Health Department & Code Standards
You are responsible for ensuring that your pool remains in compliance with Florida public pool codes, including required signage, barrier standards, equipment certifications, and operational hours. BlueSway will support compliance through testing, documentation, and chemical maintenance but does not guarantee compliance unless explicitly stated in a regulatory-specific service agreement.

11. Records, Reporting & Digital Logs
We maintain service logs, chemical readings, and image documentation for all commercial accounts. These records are stored securely and may be provided upon request to assist with code inspections or internal auditing. Requests for official reports should be made with at least 72 hours’ notice. Service documentation is proprietary and may be withheld for accounts with past-due balances.

12. Payment Terms
Unless otherwise stated, payment is due within the terms stated on the quote or invoice (typically Net 15 or Net 30). Late payments are subject to a finance charge of 1.5% per month (18% annually), or the maximum allowed by law. Returned payments may be charged a service fee per Florida Statute §68.065. Repeated late payments may result in paused service or adjusted terms (e.g., prepayment requirement).

13. Termination, Pauses & Transitions
Either party may terminate service with 14 days written notice. BlueSway may terminate immediately for nonpayment, unsafe conditions, repeated access issues, or misconduct by on-site personnel. A transition plan may be requested upon termination, but final service documentation and digital records may be withheld for accounts in arrears.

14. Limitation of Liability
To the fullest extent permitted by Florida law, BlueSway is not liable for indirect, incidental, special, consequential, or punitive damages. Our maximum liability for any claim arising out of service is limited to the amount paid to BlueSway for the specific month or service visit during which the issue occurred. This limitation does not apply to acts of gross negligence or willful misconduct.

15. Indemnification
You agree to indemnify and hold harmless BlueSway Pools from any claims, liabilities, damages, or losses arising from unsafe site conditions, equipment failures unrelated to our work, non-compliant installations, tenant misconduct, third-party vendor errors, or instructions that conflict with best practices, unless caused by our gross negligence or willful misconduct.

16. Force Majeure
We are not liable for failure to perform due to events beyond our reasonable control, including severe weather, flooding, utility outages, labor disruptions, supply shortages, pandemics, or governmental orders.

17. Dispute Resolution
Disputes will first be addressed through good faith negotiation. If unresolved, both parties agree to binding arbitration under the Commercial Rules of the American Arbitration Association (AAA). Judgment may be entered in any court with jurisdiction. This clause does not prevent BlueSway from seeking injunctive or equitable relief when necessary.

18. Attorney’s Fees
If BlueSway initiates action to recover payment or enforce these Terms, the prevailing party is entitled to recover reasonable attorney’s fees, court costs, and collection expenses, including post-judgment enforcement.

19. Electronic Consent
Approval of a quote, service agreement, or invoice via email, text, electronic signature, or online acceptance constitutes a legally binding agreement under Florida’s Uniform Electronic Transaction Act and federal E-SIGN Act.

20. Entire Agreement and Incorporation
These Commercial Terms are in addition to our Residential Terms and apply to all non-residential accounts. Where terms conflict, these Commercial Terms control. The approved quote or service agreement and these Terms constitute the full agreement. Any modification must be in writing and approved by both parties. If any term is found unenforceable, the remainder shall remain in effect.

Approval Acknowledgment: By approving this quote, estimate and/or allowing service to begin, you confirm you are authorized to enter into this agreement on behalf of the Customer and agree to these Commercial Terms & Conditions.