Terms and
Conditions.

Definitions and interpretation

In these terms:

Headings are for convenience only and do not affect interpretation. References to “including” mean “including without limitation.”

Application of these terms

1. These terms apply to all services provided by OPH unless we have signed a separate written agreement with you that expressly varies them.
2. You are taken to have accepted these terms when any of the following occur: (a) you accept a quote in writing or by email reply; (b) you sign or electronically confirm a service plan; (c) you instruct us to attend the property and we attend; or (d) you pay an invoice issued by us.
3. If you are entering into these terms on behalf of a company, trust, body corporate, or other entity, you warrant that you are authorised to do so and that the entity is bound by these terms.
4. These terms are referenced on every quote, invoice, job sheet, and service plan we issue. The current version is always available at onlypoolsandhoses.com.au/terms.

Our services

1. We provide residential pool servicing in the Perth metropolitan area, Western Australia, including water testing and balancing, equipment inspection, mechanical cleaning, equipment repair and replacement, green pool rescue, mineralisation (Magna Minerals), heating installation (heat pump, gas, solar), and related works.
2. We are not licensed gas fitters or electricians. Where works require a licensed trade (such as gas connections or hard-wired electrical work), we will engage a suitably licensed subcontractor and the work will be invoiced through us.
3. We do not provide pool construction, pool resurfacing, pool tiling, or structural pool repair services.
4. The exact scope of any service is set out in the relevant quote, service plan tier, or written job description. We are not obliged to perform works outside that scope.

Service plans — Bronze, Gold, Platinum

Tier inclusions

Service plans are billed monthly. The works performed under each tier are:

• Bronze — $50 + GST per visit, monthly. Water testing, chemical balance correction, equipment visual check, baskets emptied, plain-English service report. Chemicals charged separately.
• Gold — $90 + GST per visit, monthly. Everything in Bronze, plus pool vacuum, brush down, and filter clean (backwash or cartridge as applicable). Chemicals charged separately.
• Platinum — $120 + GST per visit, monthly. Everything in Gold, plus all standard chemicals included, annual equipment check-up, priority callout slots, and one emergency callout per calendar year. Bulk chemicals (5L and above) and mineral salt are not included; standard pool salt is included.

Visit frequency

1. Service plans are scheduled at our discretion based on the run for your suburb, weather conditions, and operational requirements. We aim to attend on the same day each cycle but cannot guarantee a fixed day or time.
2. If a scheduled visit cannot be performed due to weather, access issues, or other reasons outside our control, we will reschedule to the next available slot for your area. The monthly fee remains payable and the missed visit is not refunded — your pool will receive enhanced attention at the rescheduled visit.
3. You are not required to be home during a scheduled service visit, provided we have the access we need under clause 9.

Plan commencement

1. Service plans commence on the date of the first scheduled visit and continue on a rolling monthly basis until cancelled in accordance with clause 14.
2. The first invoice covers the first visit and any chemicals or consumables used. Subsequent invoices are issued monthly in arrears.

One-off services and equipment work

1. One-off pool services start from $130 + GST per visit (chemicals additional). The exact price is set out in the quote.
2. Green pool rescue services start from $450 + GST. Chemicals are invoiced separately on a usage basis. The price is indicative; pools in particularly poor condition may require additional visits at our then-current hourly rate plus chemicals.
3. Equipment installations (pumps, filters, lights, salt chlorinators, heat pumps, gas heaters, solar) are quoted on a per-job basis. The quote will specify: the equipment to be supplied, the labour to be performed, the materials to be used, the GST-inclusive total, the warranty position (clause 11), and any exclusions.
4. If the scope of an equipment job changes after we begin (for example, additional plumbing, replacement of unforeseen damaged components, or remedial work to bring an installation up to code), we will stop work, contact you, explain the change, and seek your approval before proceeding. Any additional works are charged at our then-current hourly rate plus parts.

Quotes and pricing

1. Quotes are valid for 30 days from the date of issue unless stated otherwise.
2. All prices are in Australian dollars. Unless expressly stated as inclusive, prices are exclusive of GST and GST will be added on the invoice.
3. Quotes are based on information available to us at the time — typically a site visit, photographs, or details you have provided. If site conditions on the day differ materially from what was quoted (for example, harder access, unforeseen plumbing complications, equipment that cannot be reused), we will discuss the impact with you before proceeding.
4. We may revise pricing on service plans and one-off services from time to time. We will give existing service plan customers at least 30 days’ written notice (by email) of any price increase. If you do not wish to continue at the new price, you may cancel under clause 14 without further obligation.

Invoicing and payment

1. Our trading terms are seven (7) days from the date of invoice.
2. Invoices are issued by email to the address you have provided. It is your responsibility to ensure we hold a current email address. If you have not received an invoice within seven days of a service or installation, please contact us.
3. Accepted payment methods are: direct bank transfer to the account details on the invoice, or any other method we agree to in writing.
4. Service plan customers may, at our discretion, be set up on direct debit. Direct debit terms are set out in a separate authority document signed at sign-up.
5. Time for payment is of the essence.

Late payment and overdue accounts

1. If an invoice remains unpaid more than seven days past its due date, we may: (a) suspend further services to you, including suspension of an active service plan, until the account is brought current; (b) charge interest on the overdue amount at the rate of 10% per annum, calculated daily from the due date until paid in full; and (c) recover from you all reasonable costs of enforcement, including legal costs on a solicitor-and-own-client basis and any debt collection agency fees.
2. We will give you reasonable notice (typically by email or SMS) before taking any of the steps in clause 8.1, except where the account is more than 30 days overdue, in which case we may act without further notice.
3. Any payment received from a customer with overdue invoices will be applied first to the oldest outstanding amount.

Access to your property

1. You grant us, our employees and our subcontractors a licence to enter your property at reasonable times to perform the services.
2. You must provide us with the access we need, which may include: gate codes, key safe access, side-gate access, or arrangements with tenants if you do not occupy the property.
3. You must ensure the pool area is reasonably safe and accessible. This includes restraining or securing dogs and other animals, advising us in writing of any hazards (for example, loose paving, unsafe pool covers, electrical issues, or structural defects), and not permitting children to use the pool area unsupervised while we are working.
4. If we attend a property and cannot gain access, or the pool area is unsafe to work in, we may: (a) leave the site and reschedule the visit; (b) charge a callout fee equal to one full visit at the relevant tier rate; or (c) for repeat occurrences, treat the access failure as a breach entitling us to suspend the service plan under clause 8.

Your responsibilities

You are responsible for:

• Maintaining the structural integrity of your pool, fencing, paving, and pool area, including compliance with all local council and state pool fencing and safety regulations in Western Australia;
• Ensuring there is functional power and water available to the pool equipment;
• Maintaining adequate water level in the pool between our visits;
• Notifying us promptly of any issue arising between visits (water clarity changes, equipment noises, leaks, error codes on chlorinators or controllers, and so on);
• Following any reasonable instructions or recommendations we give in our service reports, particularly in relation to chemical handling, equipment operation, and ongoing care between visits;
• Insuring your own property, including the pool and equipment.

Equipment, parts and warranties

1. Manufacturer warranties. Equipment we supply and install is covered by the manufacturer’s warranty. The terms of that warranty are set by the manufacturer (for example, Astral, Fluidra, Spa Electrics, Genesis), and are passed through to you. We will provide warranty details in writing on request.
2. Workmanship. We warrant that our workmanship in installing equipment is free from defect for a period of twelve (12) months from the date of installation. If a workmanship defect arises within that period, we will, at our option, reattend and rectify the defect at no additional charge.
3. Warranty exclusions. Our workmanship warranty does not cover: (a) damage caused by misuse, abuse, neglect, or failure to follow our service recommendations; (b) damage caused by acts of God, severe weather, power surges, water-supply issues, or other events outside our control; (c) damage caused by works performed on the equipment by any party other than us; or (d) ordinary wear and tear or consumable items (such as chlorinator cells, sand or glass media, and cartridges, all of which have defined service lives).
4. Diagnostic visits. If you ask us to investigate an issue and the issue is found not to be a defect in our workmanship or in the equipment we supplied, we may charge for the diagnostic visit at our then-current rates.
5. Cell, media, and consumable lifecycles. Salt chlorinator cells (typical service life 5–7 years), filter media (5–10 years depending on type), pool lights (10–12 years), and similar consumables are not warranted beyond the manufacturer’s stated period. End-of-life replacement is at your cost.
6. Pre-existing equipment. We do not warrant equipment that was on site before our involvement. Where we service such equipment, we will diagnose and recommend repair or replacement as appropriate, but we are not liable for failures of equipment we did not install.

Chemicals and consumables

1. Chemicals are dosed based on water test results. We use commercial-grade chemicals from reputable Australian suppliers.
2. You acknowledge that pool water chemistry is dynamic and is affected by bather load, weather, water source (mains or bore), evaporation, top-ups, and other factors outside our control. We aim to maintain water in a properly balanced state at the time of each visit but cannot guarantee water condition between visits.
3. Where chemicals are charged separately (Bronze, Gold, and one-off visits, and beyond the Platinum standard inclusions), the quantities used and the charge per item appear on the relevant invoice.
4. We will not knowingly mix or apply chemicals in a way that is unsafe or contrary to the manufacturer’s directions.

Cancellations, rescheduling and missed appointments

One-off services and equipment work

1. If you cancel a scheduled one-off service or installation with at least 24 hours’ notice, no fee applies.
2. If you cancel with less than 24 hours’ notice, or if we attend the property and cannot perform the work due to access issues or your absence (where attendance was required), we may charge a callout fee of $130 + GST.
3. If you cancel an equipment installation after we have ordered or taken delivery of parts specific to your job, you are liable for the cost of those parts, less any restocking credit we receive from the supplier. We will provide evidence of those costs on request.

Service plan visits

1. Service plan visits are scheduled by us. If you need to skip or postpone a particular visit, please give us at least 24 hours’ notice by SMS or email.
2. If you skip a visit, the monthly fee remains payable. We treat the visit as taken.
3. If we are unable to perform a scheduled visit due to weather or operational reasons, we will reschedule under clause 4.5.

Cancelling a service plan

1. You may cancel a service plan at any time by giving us written notice (email or SMS is sufficient) of at least fourteen (14) days.
2. Cancellation takes effect 14 days after our receipt of your notice. You remain liable for any visits scheduled within that 14-day period and for any chemicals or consumables used.
3. There is no early-termination fee. We do not lock customers in.
4. We may cancel a service plan with you on 30 days’ written notice for any reason, or immediately if you breach these terms in a material way (for example, persistent non-payment, abusive conduct, refusal of access, or unsafe site conditions).
5. Cancellation does not affect any rights or liabilities accrued before cancellation.

Liability and indemnity

1. To the maximum extent permitted by law, and subject always to clause 16 (Australian Consumer Law), our total liability to you in connection with the services, whether arising in contract, tort (including negligence), under statute, or otherwise, is limited to the resupply of the relevant services or the cost of resupplying them, at our election.
2. We are not liable for: (a) consequential, indirect, or special loss, including loss of profit, loss of opportunity, loss of enjoyment, or loss of reputation; (b) any loss or damage to the extent caused by your breach of these terms or by your acts or omissions; (c) defects, damage, or failure of equipment we did not supply; (d) damage to pool surfaces or substructures arising from pre-existing defects, age, or condition that we could not reasonably have identified; (e) any loss or damage caused by force majeure events under clause 19.
3. You agree to indemnify us against any loss, claim, liability, or expense we suffer arising from: (a) your breach of these terms; (b) your provision of inaccurate or incomplete information; (c) the unsafe condition of your property to the extent caused by you; or (d) any third-party claim arising from your use, operation, or maintenance of the pool between our visits.
4. Nothing in this clause excludes or limits any liability that cannot be lawfully excluded or limited.

Privacy and personal information

1. We collect personal information from you in the course of providing services. This typically includes your name, contact details, property address, payment details, and information about your pool and equipment.
2. We collect, use, hold, and disclose personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
3. We use your personal information to: provide the services; communicate with you about your pool, your account, and your service plan; issue invoices and process payments; comply with our legal obligations; and (with your consent) send you occasional updates about our business or services.
4. We do not sell your personal information. We may share it with our service providers (such as Pooltrakr, HubSpot, Xero, and our payment processors) who are bound by their own privacy obligations.
5. You can request access to or correction of the personal information we hold about you by contacting us at info@onlypoolsandhoses.com.au.

Photography and content

1. We routinely photograph our work for service records, quality assurance, and marketing purposes (website, social media, brochures).
2. Photographs that we publish externally do not identify the property by street address. Suburb-level identification (for example, “Alkimos” or “Henley Brook”) may be used.
3. We do not photograph people or pets without their consent. If you do not want any photograph from your property used for marketing purposes, please let us know in writing and we will exclude your property from external use.
4. You retain all rights to your property and pool. The above licence relates only to images we have lawfully created during the course of our services.

Force majeure

1. Neither party is liable for failure or delay in performing obligations under these terms (other than payment obligations) where the failure or delay is caused by an event beyond that party’s reasonable control. Such events include but are not limited to: severe weather, storms, fires, floods, pandemics or epidemics, government restrictions, acts of war or terrorism, industrial action, supply chain disruption, and failures of utilities or third-party services.
2. If a force majeure event continues for more than 30 consecutive days, either party may terminate the affected service plan or job by written notice without liability, save for amounts due for services already performed.

Disputes and complaints

1. If you have a concern about any aspect of our services, please contact us as soon as possible. The fastest way to resolve issues is directly. Email info@onlypoolsandhoses.com.au or call (08) 6109 9141.
2. We will acknowledge your complaint within two business days and aim to resolve it within ten business days. Where resolution requires us to attend the site, we will arrange this within a reasonable timeframe.
3. If we cannot resolve a dispute directly, both parties agree to first attempt resolution by mediation through a mutually agreed mediator before commencing legal proceedings (other than for the recovery of an undisputed debt).
4. Nothing in this clause prevents either party from seeking urgent injunctive relief or commencing proceedings to recover an undisputed debt.

Variation of these terms

1. We may amend these terms from time to time. The current version is always published at onlypoolsandhoses.com.au/terms with an effective date.
2. For service plan customers, material changes will be notified by email at least 30 days before they take effect. Continued use of the services after the effective date constitutes acceptance of the amended terms.
3. For one-off services, the version of these terms in effect at the time you accept a quote applies to that engagement.

Governing law and jurisdiction

1. These terms are governed by the laws in force in Western Australia, Australia.
2. The parties submit to the exclusive jurisdiction of the courts of Western Australia and the courts of appeal from them.

General provisions

1. Entire agreement. These terms, together with any quote, service plan, or written agreement signed by both parties, form the entire agreement between us in relation to the services.
2. Severance. If any provision is held to be invalid or unenforceable, the remaining provisions continue in full force.
3. No waiver. A failure to enforce any right does not amount to a waiver of that right.
4. Assignment. You may not assign your rights without our written consent. We may assign or novate our rights and obligations to a related entity or to a purchaser of our business.
5. Subcontracting. We may engage subcontractors to perform parts of the services. We remain responsible to you for the work.
6. Notices. Notices under these terms must be in writing and delivered by email to the addresses stated on our most recent invoice (in your case) and to info@onlypoolsandhoses.com.au (in our case).
7. GST. Where any amount under these terms is expressed to be exclusive of GST, the recipient must pay the GST in addition on receipt of a valid tax invoice.
8. Counterparts and electronic signatures. Where these terms or any related agreement requires signing, signatures may be exchanged electronically and in counterparts.