TERMS AND CONDITIONS OF ENGAGEMENT
POOL SERVICING AND MAINTENANCE
WPP Pty Ltd trading as WaterPro Pool and Spa and Queensland Pool Heaters (ABN: 39674572402) Queensland, Australia
These Terms apply to all services and goods supplied by WPP Pty Ltd (“Company”, “we”, “us”, “our/s”, “WPP”, “WaterPro Pool and Spa”, and any other common sense reference to us) to the Client (“Client”, “you”, “your/s”, “customer”, “owner” and any other common sense reference to the client).
NOTE: The Terms and Conditions are subject to periodic reviews and updates. The Terms and Conditions will be available on our website. It is the client’s responsibility to check the website for updated Terms and Conditions.
By engaging us, you agree to these Terms and Conditions.
1. Definitions
Services include, but are not limited to, pool and spa cleaning, maintenance, chemical supply, testing, equipment inspection, repairs, and installation services.
Goods include, but are not limited to, pumps, chlorinators, heat pumps, filters, robots, parts, chemicals and other equipment supplied by us.
Commercial Client includes, but is not limited to, body corporate, strata, real estate, schools, resorts, and commercial premises.
2. Scope of Services
a. Services may be provided on the following bases:
i. Weekly.
ii. Fortnightly.
iii. Four-weekly.
iv. One-off.
v. Emergency call-out.
vi. As otherwise agreed.
b. During services, we routinely test for, and balance, the following:
i. Total chlorine (total of free and combined chlorine).
ii. Free chlorine (effective santiser).
iii. Combined chlorine (ineffective sanitiser and potential irritant).
iv. Salt/minerals (conductivity).
v. pH.
vi. Total alkalinity.
vii. Cyanuric acid.
viii. Total harness.
viiii. Calcium hardness.
x. Magnesium hardness.
xi. Phosphates.
c. If indicated, we also test for copper.
d. We are not responsible for unbalanced chemicals caused by other providers, use of other branded (not our) chemicals, self-servicing, external factors, unforeseen circumstances, failure to follow our recommendations regarding how to achieve chemical balance, pool equipment failure, or any other factors outside of our control.
e. We have a professional obligation to ensure the pool chemicals are properly balanced and the pool is safe to swim in (to the extent possible during our scheduled pool service), in accordance with industry standards. Therefore, we will balance the chemicals if the water test identifies deficiencies in any area. We calculate which chemicals are required to balance the chemicals based on the pool’s volume and specifications (for example, specific chlorinator requirements). We only add the necessary level of products required to achieve balanced pool water.
f. To help protect your pool’s equipment, surface integrity and water integrity over time, we adhere to the following equipment and pool maintenance schedule:
i. AquaGuard or Aquashield every three months.
ii. An algaecide in summer.
iii. A winterising algaecide in winter.
g. We will also add other speciality products as needed (for example, filter cleaner).
h. With limited exceptions, we will only use our preferred brand of pool chemicals to service the pool. This is so we can ensure the quality of the chemicals we are using as we cannot guarantee quality for unknown chemicals or refilled containers. Exceptions may include, for example, a new pool build when the owner has been provided with a supply of new/sealed reputable products as part of the construction agreement. We reserve the right to make this call.
i. Service inclusions depend on the agreed package or quotation. Standard pool servicing inclusions are outlined on our website: www.waterpropools.com.au/book.
j. Routine servicing does not include major repairs, leak detection, electrical fault finding, or structural assessments unless separately quoted and if required, outsourced to an appropriately qualified and licensed tradesperson.
k. While every effort is made to ensure the best and most suitable course of action is taken in every scenario based on our observations and knowledge, we reserve the right to rely on what you tell us about the pool about things that are not observable. If we take action based on information that is inaccurate or incorrect, the client is liable for any remedies that may be required to correct issues arising based on inaccurate or incorrect information.
l. The Client warrants that:
i. The site is structurally suitable for works to be performed.
ii. Existing plumbing and electrical systems are compliant.
m. We are not liable for:
i. Actions taken based on inaccurate or incorrect information being told to us by the client.
ii. Pre-existing structural or other damage to the pool.
iii. Damage caused by the pool’s pre-existing structural or other damage.
3. Installations (e.g. Pumps, Chlorinators, Heat Pumps)
a. Product supply and installation quotations are valid for the stated duration stipulated in the quote. If quotation expiry date is not stipulated, quotes are valid for one month from the quote’s date. We reserve the right to terminate a quote’s validity early and without notice at our discretion if supply prices and/or product availability change materially and unexpectedly in the meantime.
b. Electrical connections must be performed by a licensed electrician where required under Queensland law. This cost will be paid for by the client or paid for by us and reimbursed to us at cost.
c. The Client warrants that:
i. The site is structurally suitable for installation.
ii. Existing plumbing and electrical systems are compliant.
iii. Adequate drainage and ventilation exist.
d. We are not liable for:
i. Pre-existing non-compliant electrical or plumbing.
ii. Inadequate power supply.
iii. Structural movement or subsidence.
iv. Corrosion due to coastal environments.
e. Manufacturer warranties apply to supplied Goods.
4. Timeliness
a. We endeavour to attend servicing on the specified day and the agreed upon intervals. However, given the nature of the work that we do, it is not possible to precisely estimate the time it may take to complete each job. Additionally, there are occasions when emergency callouts must take priority to avoid deterioration or damage to clients’ pools. This necessarily requires some flexibility in scheduling. In these cases, we undertake to attend at the next earliest opportunity.
b. If we have agreed to a set time/day/date but are unable to fulfil that obligation, we will communicate this with you and make arrangements to reschedule at a mutually convenient time.
c. We acknowledge that circumstances change for customers as well, and sometimes appointments are missed or overlooked. For this reason, we adopt a fair approach to the discretion to charge callout fees when set appointments have been made but access is not available.
d. We will generally only enforce a callout fee if repeated attempts to attend at agreed upon times have been unsuccessful.
5. Access & Site Conditions
a. The Client must provide safe and unobstructed access.
b. If we have arranged to attend your premises to carry out any type of work, at a particular time/day/date, and access is unavailable upon arrival:
i. A callout fee is payable in the amount stipulated on our website www.waterpropools.com.au.
ii. A return visit fee may apply.
c. Pets must be secured.
6. Responsible technician
a. While every effort is taken to have the same technician attend to regular servicing, we cannot guarantee this.
7. Behaviour
a. We undertake to treat clients and members of the public with courtesy and respect in the performance of our duties.
b. We have a zero-tolerance policy for poor treatment of staff, including objectively rude or abusive tone or demeanour – either in person or in writing. We reserve the right to immediately cease a service or terminate ongoing service arrangements. In this case services ceased on the basis of poor treatment of staff, the client remains liable for the service charge/callout fee.
8. Pricing & Variations
a. Prices are as quoted and include GST unless stated otherwise.
b. We may vary pricing upon 14 days’ written notice due to:
i. Chemical cost increases.
ii. Supplier price rises.
iii. Fuel or wage increases.
iv. CPI adjustments.
v. Any other unforeseen reason.
9. Payment Terms (Strict)
a. The following applies to invoice payments:
i. Residential Clients:
o Payment due within 7 days of invoice unless on direct debit.
ii. Commercial / Body Corporate Clients:
o Payment due within 14 days unless otherwise agreed in writing.
iii. We may require:
o Upfront deposits for installations (as stipulated in quote).
o Full payment prior to equipment delivery for high-value items.
iv. Overdue Accounts – if payment is not received by the due date and after a reminder email is sent:
o An administration fee applies to be charged at $90/hour pro-rata payable (to reimburse time taken to follow up payment).
o Interest accrues daily at 5% per annum.
o Services may be suspended immediately.
o All outstanding amounts become immediately due and payable.
v. The Client is liable for all debt recovery costs, including legal fees on a solicitor-client basis, collection agency fees, court filing fees, our administrative fees, and enforcement costs that may arise because of overdue or unpaid invoices.
b. We may register a security interest over supplied Goods under the Personal Property Securities legislation.
10. Retention of Title
a. Title to (or ownership of) Goods supplied remains with us until full payment is received
b. Until payment is made in full:
i. The Client holds the Goods as bailee.
ii. We may enter the property (where lawful) to recover unpaid Goods.
iii. The Client must not sell, dispose of, or encumber the Goods.
c. Should the client breach any of the above, they are liable for any and all costs associated with recovering the debts owed
11. Tenanted properties
a. We will work with agents and tenants to facilitate servicing for tenanted properties as instructed.
b. We will comply with an agent’s instructions. It is the owner’s responsibility to communicate with the agent.
c. We are not responsible for costs incurred as a result of attending to an agent’s callout in circumstances whereby the owner has not authorised the expense unbeknownst to us.
d. We are not responsible for costs incurred as a result of a pool owner or tenant’s own actions/interference with the pool’s equipment, system, or chemical balancing.
12. Suspension of Services
a. We reserve a discretion to immediately suspend services.
b. We may suspend Services where:
i. Invoices are overdue.
ii. Payment arrangements are breached.
iii. The site is assessed by us as being unsafe.
iv. There is, or we have assessed there may be a risk of, poor, abusive or threatening conduct – whether on site, in person, or via any other communications (such as telephone or email communications) with our staff members.
v. For any other reason.
c. Suspension of services does not waive our right to recover outstanding amounts.
13. Chemicals & Water Conditions
As a note: Water balance is affected by (amongst other things):
· Queensland heat
· Heavy rainfall
· Storm events
· Pool usage
a. We do not accept responsibility for water quality failure as a result of:
i. Faulty equipment or equipment failure.
ii. Structural issues with the pool.
iii. External contamination.
iv. Interrupted power supply.
v. The use of inferior products by the pool owner/supervisor.
vi. Incorrect interference with pool equipment by third parties, which results in equipment failure.
vii. Lack of observation of quality of pool water between services that fails to recognise deterioration in water quality due to equipment failure.
viii. Any other circumstance outside of our control.
14. Commercial / Body Corporate Specific Clause
a. Commercial Clients acknowledge:
i. Higher bather loads increase chemical demand.
ii. Health regulations may require additional treatments.
iii. Emergency attendances are chargeable.
15. Limitation of Liability
a. Nothing excludes rights under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010.
b. To the extent permitted by law, our liability is limited to:
i. Re-supplying the Services.
ii. Paying the cost of re-supply.
c. We are not liable for:
i. Indirect or consequential loss.
ii. Loss of business revenue.
iii. Storm, flood or cyclone damage.
iv. Underground pipe failures.
v. Pre-existing structural cracking.
vi. Chemical staining caused by historic water chemical imbalance (for example, discolouration created during acid washing because of historically high copper levels in the water that are unknown to us at the time of engagement).
vii. Relying on information provided by the client or its representative that is untrue or inaccurate.
16. Indemnity
a. The Client indemnifies us against claims arising from:
i. Unsafe access.
ii. Failure to maintain water level.
iii. Failure to disclose known defects.
iv. Non-compliant electrical or plumbing systems.
v. Any other circumstance outside of our control.
17. Force Majeure
a. We are not liable for disruptions caused by extreme weather, supplier shortages, transport disruption, government action, or other unforeseen circumstances.
18. Privacy
a. We collect and handle personal information in accordance with the Privacy Act 1988.
19. Governing Law
a. These Terms are governed by the laws of Queensland. The parties submit to the jurisdiction of Queensland courts.
Service provider
WPP PTY LTD trading as WaterPro Pool and Spa
ABN: 39674572402
Authorised Representative: Tim Lyons
Position: Director/Owner/Principal Technician
Last updated 1 April 2026