Terms of Service

Overview

This service is offered by Bottom Time Dive Service LLC. Throughout this document, the terms "we", "us" and "our" refer to Bottom Time Dive Service LLC. Bottom Time Dive Service LLC offers this service to you, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By authorizing us to perform services and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all customers. Please read these Terms of Service carefully before authorizing us to perform any work. By authorizing us to perform any services, you agree to be bound by these Terms of Service. Any new services which are added to the current services we offer shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. Though we will do our best to notify our customers of any changes made to pricing and/or this agreement, it is your responsibility to check this page periodically for changes. Your continued use of our services following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - TERMS

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

The information made available on our website is accurate, complete and current. The material on our site is provided and should be relied upon and used as the sole basis for making decisions. The information provided on our website at www.btdive.com supersedes any verbal agreements made with any of our employees or contractors including the owner of Bottom Time Dive Service LLC. This includes, but is not limited to, information regarding pricing and services offered. We reserve the right to modify the contents of our site at any time. We shall make our best effort to keep our customers informed of any changes made to our pricing and services. However, you agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 6 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We shall make every possible effort to maintain the agreed upon schedule for recurring services. However, we cannot guarantee, represent or warrant that your use of our service will be uninterrupted. We will always make our best effort to keep all of our customers informed of any changes to scheduling. However, you agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. If this should occur, please notify us by phone or email so we can determine the cause of the delay and rectify the issue. In no case shall Bottom Time Dive Service LLC, our employees, contractors, or affiliates be liable for any injury, loss, claim, or damages of any kind. This includes without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of our services or products. You understand that underwater hull cleaning is inherently destructive to any bottom coating including, but not limited to, antifouling paint, foul release coatings, and gel coat. Our divers will always use the least abrasive tools and methods to remove growth from your boat. As the condition of your bottom coating degrades, more abrasive tools and methods may be required to remove marine growth from your vessel. You agree to hold harmless Bottom Time Dive Service LLC and our subcontractors from any damage or degradation of your bottom coating that results from the use of our services or otherwise.

SECTION 7 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Bottom Time Dive Service LLC and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 8 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 9 - PAYMENTS

We do not accept paper checks.

Any checks we receive will be processed through ACH, and will result in a one-time $15 processing fee.

ACH information will be kept on file to satisfy payment obligations for any future transactions.

Invoices are usually sent within 2 days after work has been completed. After receiving an invoice from us, you agree to pay any and all debts included in the invoice within 7 days. Debts not paid within 7 days will result in a late charge of 10% the total amount of your bill as outlined in the invoice. You understand that unpaid debts will result in termination of service, and a lien being placed on the property on which the work was performed.

Payment Timeline

Day 1- Invoice is sent to the email address provided
Day 7- Invoice is due - payment method on file will be charged
Day 8- Invoice is past due - a fee equal to 10% of the invoice will be applied
Day 14- If the overdue invoice was for a recurring service, the vessel will be removed from our schedule
Day 30- In the event that an invoice remains unpaid for more than thirty (30) days past the due date, the company reserves the right to pursue all available legal remedies to recover the outstanding balance, including but not limited to the following actions based on the amount owed:

Balances Under $8,000: The company will initiate legal proceedings in Small Claims Court to recover the full debt amount, plus applicable court costs, filing fees, and reasonable attorney fees.
Balances of $8,000 and Above: The company will immediately file a Federal Maritime Lien against the vessel with the United States Coast Guard (USCG) National Vessel Documentation Center, in accordance with federal maritime law. The vessel owner will be held responsible for all costs associated with filing, executing, and satisfying the lien.

SECTION 10 - PAYMENT OBLIGATIONS AND DISPUTE RESOLUTION (RIGHT TO CURE)

Independent Obligation to Pay: Client agrees that any dispute regarding the quality, completeness, or aesthetic outcome of the work performed does not excuse, delay, or relieve the Client of their obligation to pay all invoices in full by the due date. Payment must be made in full regardless of any active disputes.
Right to Inspect and Cure: Before withholding payment or initiating any legal claim, Client must notify Company in writing of any alleged defects or quality issues within seven (7) days of work completion. Bottom Time Dive Service shall have the absolute right to inspect the work within five (5) business days of receiving notice. If a defect is confirmed by Bottom Time Dive Service, Client must provide Bottom Time Dive Service with a reasonable opportunity—not to exceed seven (7) business days—to repair, redo, or cure the mistake at no additional cost to the Client.
Waiver of Claims: Failure to provide timely written notice and a reasonable opportunity to cure constitutes a total waiver of the Client’s right to claim the work was defective or incomplete, and the work shall be deemed fully accepted.

SECTION 11 - TERMINATION OF SERVICES

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated in writing by either you or us. You may terminate these Terms of Service at any time by notifying us in writing that you no longer wish to use our Services. It is your responsibility to inform us in writing if you wish to stop receiving services from us. Failure to do so will result in one or more of the following:

Continued service
In the event that a service request is cancelled or postponed by you for any reason after a diver has arrived at the service location, a Trip Fee will be assessed.

Fee Structure: The charge shall be 20% of the scheduled service total, subject to a minimum fee of $50.
Applicability: This policy applies specifically to instances where the cancellation or postponement occurs prior to the diver entering the water to commence the requested services.

In the event that services are cancelled or postponed after a technician has already entered the water to begin the requested work, the following charges will apply:

Service Fees: You may be billed the full amount of the scheduled service.
Minimum Charge: In cases where a full service amount has not been established, a Minimum Dive Fee of $100 will be assessed.

By scheduling a service, you acknowledge and agree to these terms regarding late-stage cancellations.

If we are informed that you would like to cancel or postpone services after the diver has entered the water to begin providing the service requested, you will be charged the full amount of the service or a minimum dive fee of $100
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). Failure to pay any debts as outlined in this section will result in a lien being placed on the property for which service was performed or was intended to be performed in cases where a trip charge is deemed necessary by Bottom Time Dive Service LLC.

SECTION 12 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 13 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Florida.

SECTION 14 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 15 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@btdive.com.