TERMS OF SERVICE 


These Terms of Service are made starting the date of the first service performed by PENGUIN POOLS OF FLORIDA ( a dba of Main Street Academies Florida Holdings, LLC.) for the Customer, or first Invoice receipt, whichever comes first. Payment of said invoice is tantamount to acceptance of service. By agreeing to the terms of this contract, you allow Penguin Pools of Florida to be present on your property for any allocated time necessary to complete the tasks required for the maintenance of said property.


SMS Terms of Service


By opting into SMS from a web form or other medium, you are agreeing to receive SMS messages from Main Street Academies Holdings General Limited Inc.. This includes SMS messages for conversations (external), conversations (between employees and customer). Message frequency varies. 

  • Messaging frequency may vary.
  • Message and data rates may apply.
  • To opt out at any time, text STOP.
  • For assistance, text HELP or visit our website at www.mainstreetswimschool.com.
  • Visit https://www.penguinpoolsflorida.com/privacy-policy for privacy policy and https://www.penguinpoolsflorida.com/terms-of-service for Terms of Service.
  • We do not share your data with any third party.

    1. Guarantee    : Customers on our cleaning service programs can expect we will correct any normal water balancing issues provided the swimming pool and equipment have been kept in proper working order and service has not been interrupted.
  • 100% Satisfaction Guarantee: if, within 8 hours of time of completion of Service you are not completely satisfied with a service visit, Penguin Pools of Florida will return at no cost to you and re-clean the pool within 48 hours. 
  • Algae Free Guarantee: Customers on our pool cleaning service programs can also expect we will correct any yellow, mustard, or green algae issues at no additional charge provided the swimming pool and equipment have been kept in proper working order and are running the appropriate amount of time each day, there is not landscaping debris, or animal matter in the water, and service has not been interrupted. If the pool is not equipped with an automatic sanitizing system, it is required for customers to keep pool chemicals on hand to maintain balance on days when Penguin Pools of Florida is not on premises. It is also required  that customers keep their pool water level at a proper level for their pool equipment to be operational.
  • Black algae is also guaranteed not to occur under normal circumstances. Exceptions to our Algae Free Guarantee for black algae include: worn plaster or other surfaces with pitting, all tile pools, certain natural stone waterfalls, and bodies of water that do not have enough daily circulation or water flow to prevent growth, lack of sufficient daily circulation and filtration, and pools with broken sanitation systems including in-line chlorinators or salt generating systems that are not functioning properly, and pools with broken filtration / circulation systems, and the terms listed above.
  • It is helpful to keep in mind that outdoor swimming pools are open systems and as such, are subject to debris from the air or the yard. Algae spores are constantly being introduced to swimming pools and killed. There are some strands of algae that are chlorine resistant to more than 20 ppm. If one of those strands is introduced it can take hold and bloom even in a perfectly balanced and cleaned pool depending on the circumstances. While no swimming pool service company can guarantee this will never happen, what we can do is guarantee to resolve it for ongoing pool service customers free of charge according to the terms of this agreement.
  • Chemicals and chemical levels covered in this water balance guarantee include: chlorine, elimination of chloramines, pH (potential hydrogen), TA (Total Alkalinity), and Salt if your pool has a working salt generator.
  • Correction of CYA ( cyanuric acid, a sanitizer stabilizer ) may require a partial drain and addition of pool water. The Customer agrees to drain and refill the amount of recommended water to maintain water quality and adhere to the stipulations of this Service Agreement.
  • This Guarantee means we will correct any algae issues free of charge provided they do not fall into one of the exceptions mentioned above.
  • 2. Service Frequency and Fees: Penguin Pools of Florida will provide pool service once a week at the Customer’s address stated on Penguin Pools of Florida invoice statement, customer may request pool service twice a week for an additional fee a month.
  • The Parties agree that circumstances can arise that affect or prevent Penguin Pools of Florida from performing pool and/or spa maintenance such as the weather, an illness, or a holiday. In such an event, Penguin Pools of Florida may elect to postpone pool and spa service for one week, not to exceed 5 weeks each year.
  • In the event of inclement weather on the scheduled date of service, the pool and spa will be cleaned to the extent weather permits and only chemicals will be added. Customers must ensure Penguin Pools of Florida has access to the service area on the scheduled service day, including: gate entry codes, lock combinations, security guard verification, and pets relocated from pool/spa area. 
  • If Penguin Pools of Florida is unable to access the service area for any reason, services will not be performed that week and Customers shall not be entitled to a credit. 
  • Vacation/Holidays: Penguin Pools of Florida will be closed and service will not be provided as follows: 
  • 1) New Years Day, Memorial Day, Labor Day, Thanksgiving Day, December 22nd- 26th, Fourth of July.
  • 2) In the event of an emergency, Penguin Pools of Florida will make every effort to return your calls and answer emails. Emergency services are provided at a separate agreed upon rate quoted on a case by case basis. 
  • 3. Services and Service Guarantees: 
  • Penguin Pools of Florida shall provide the following services each week:
  • Pool vacuumed as needed • Pool surface skimmed as needed • Filter backwashed on schedule • Skimmer baskets cleaned • Pump baskets cleaned • Pool equipment operation inspected • Pool walls, floor, and tile to be brushed • Water tested and balanced each week. Cartridge Filter cleaning, as necessitated by Customer’s system type.
  • Preventative Algaecide treatment
  • Customers shall receive an emailed report of services performed, chemical balances, and before and after pool condition photos for proof of service and care.
  • Customer Pools without a sanitizer feeding mechanism will be charged for and provided a floating Chlorine Puck Dispenser, to be refilled by Penguin Pools upon regular service at the scheduled weekly or twice-weekly visit.
  • Cartridge Filter cleaning, as necessitated by Customer’s system type.
  • Preventative Algaecide treatment
  • Customer is responsible for water levels during the week. Recommended water level is MID-TILE, or halfway up the opening of the skimmer, above the bottom of the skimmer opening. Resolution of care or repair for a pool where the water level has not been maintained by customer will result in additional Repair Charges. Customer is responsible for routine care on non-service days. Additional services necessary due to lack of Customer care or neglect will be billed to the Customer as Repair Services. Customer is also responsible for the following:
  • A Pool equipment timer and running time of 8-10 hours during off-season months and 12-16 hours during summer months. 
  • Debris and chemical exposure due to lawncare services, pets, or inclement weather.
  • Non- Removal of Floating Sanitizer Dispenser.
  • Any denied repair quotes from Penguin Pools of Florida that affect Penguin Pools of Florida’s ability to correctly provide Weekly and Monthly agreed upon services will render the Services portion of this contract null and void, and additional charges will be incurred for the additional required services, repairs, or chemical treatment. 
  • Penguin Pools of Florida cannot provide a Guarantee of service for any Pool with incomplete, non-functioning, or unrepaired mechanical or structural parts and systems.
  • All standard service is billed at an expected maximum service time of thirty ( 30 ) minutes, and any additional labor charges will be billed at a rate of $18.00 for each additional thirty minutes.  I.E. Storm Cleanup, Excessive Debris, and any other situations out of the normal scope of service work for your swimming pool.
  • 4. Repairs: Repairs are not included in the monthly service fee billed to Customer. Contract Maintenance Service Customer Repairs under $25.00 will be considered agreed upon and immediately performed upon replacement part availability and charged as a separate invoice or line item upon installation to the Customer. Repairs greater than $25.00 shall require Customer authorization and 50% downpayment  in advance of the repair. 
  • Contract Maintenance Service Customer retains the right to decline any repair under $25.00 within 15 days of  time of invoice, and Penguin Pools of Florida will remove the part and reverse the charge. Customer should be aware that declining repairs could damage equipment, resulting in higher future repair costs, additional fees noted in section 3.
  • Repair diagnostics to Contract Maintenance Service Customers are charged at $95.00 for the first hour plus truck fee of $50, hours of repair labor performed thereafter are billed at a rate of $105.00 an hour.
  • Repair diagnostics to Customers not under monthly Contract are charged at $105.00 for the first hour plus truck fee of $90.00, hours of repair labor performed thereafter are billed at a rate of $105.00 an hour.
  • 5. Pricing: Customer agrees to pay Penguin Pools of Florida the monthly service fee stated on the invoice, as well as any additional costs that may be incurred for repairs or services that are in addition to the services specified in section 2 above.
  • 6. Payment: Penguin Pools of Florida accepts Credit Card and ACH payment only.  Each monthly payment must be received by Penguin Pools of Florida, in full, before the second scheduled service for that month. If the card on file does not cover payment of the monthly service fee, and any additional charges that may become due and payable, Customer shall be in default. In the event of default, services will be postponed and Customer will assess a late fee penalty of $25. If Customer fails to cure the default, the Parties agree that Penguin Pools of Florida shall suffer liquidated damages as a result of the Customer’s default in the amount of $25 per week or one (1) additional month’s service fee, whichever is less. 
  • Customer agrees that the liquidated damages are in addition to the monthly service fee that remains due and payable and are intended to compensate Penguin Pools of Florida for damages suffered as a result of the inability of Penguin Pools of Florida to anticipate Customer’s default and immediately fill the void created by the default with a new customer. Credit Cards will be left on file and automatically deducted each month. There is a 5% convenience charge on all payments over $275 made via Credit Card.
  • 7. Disclaimer Regarding Pool Equipment, Property, Customer Maintenance and Acts of Nature: Penguin Pools of Florida shall not be responsible for any damage to property due to acts of nature, fire, vandalism, misuse, or abuse. Customer should be aware of normal deterioration of equipment that occurs over time due to exposure to chemicals, sunlight, and, in some cases, other corrosive materials (i.e. salt). The CUSTOMER is responsible for maintaining the correct water level at all times. Also, Penguin Pools of Florida is not responsible for any damages or deterioration caused by failure of a Customer to perform other services recommended by Penguin Pools of Florida, or by failure of Customer to properly maintain pool and equipment between visits. Additionally, Penguin Pools of Florida is not responsible for damage caused by organic staining, etching, corrosion, underground leaks or deterioration due to equipment breakdowns or malfunctions.
  • 8. Termination: The Parties agree that this Agreement is a monthly service agreement that continues from month to month until terminated. The Agreement may be terminated by either Party. The Parties further agree that Customer shall give Penguin Pools of Florida 7 (seven) days advance Notice. Any notification of termination by Customer not given in writing with 7 days advance notice shall incur a 50% of contracted service cost fee.
  • 9. Mediation: The Parties agree that any future disputes between them arising under this Agreement shall be submitted to a half day mediation before a former or retired Harris County District Judge or an agreed upon mediator. The mediation shall take place in Dade County, Miami FL.. This Agreement shall be construed and is governed under the laws of the State of Florida.
  • 10. Full Agreement.  The Parties agree that Customer has contracted with Penguin Pools of Florida to perform pool and/or spa maintenance at the address specified on the Customer Invoice. The Parties agree that this is a monthly Service Contract, and Customer agrees to pay Penguin Pools of Florida monthly in advance of the services to be provided that month, and in arrears for any additional chemical charges. 

11. Advance Payment Required. The Parties agree that in the event Customer fails to pay in advance of service being provided as required by this Agreement,

the contract shall be terminated and Customer shall be required to pay the pool service fee for one month as liquidated damages.