Pool Design of Austin Terms and Conditions

By accessing or using our website and services, you agree to comply with and be bound by the following terms and conditions. Please read them carefully. If you do not agree with any part of these terms, you should refrain from using our services.

1. Definitions

• "Company," "we," "our," and "us" refer to Pool Design of Austin.
• "You" and "your" refer to the user or client engaging with our services.
• "Services" refer to the pool design, construction, and related services provided by Pool Design of Austin.

2. Acceptance of Terms

By using our services, you agree to the terms and conditions outlined in this document. These terms may be updated or modified at any time without prior notice. Your continued use of our services signifies your acceptance of any changes.

3. Services Offered

Pool Design of Austin specializes in the design and construction of custom pools. Our services include, but are not limited to:

• Custom pool design
• Pool construction
• Pool renovation and remodeling
• Installation of pool features (e.g., lighting, fountains, waterfalls)
• Maintenance and repair services

4. Pricing and Payments

• Estimates and Quotes: All prices provided are estimates based on the initial consultation and design plan. Final costs may vary depending on changes or unforeseen issues during construction.
• Payment Terms: Payments are typically required in installments, with a deposit required to begin the project. The specific payment schedule will be outlined in the contract.
• Late Payments: Late payments may incur additional fees. Failure to pay as agreed may result in the suspension or termination of services.
• Refunds: Refund policies will be outlined in the contract. Deposits are generally non-refundable unless specified otherwise.

5. Project Timelines

• Estimated Completion: We provide estimated project timelines based on the scope of work and our current schedule. These timelines are estimates and may be subject to change due to weather, availability of materials, or other unforeseen circumstances.
• Delays: Pool Design of Austin is not responsible for delays caused by factors beyond our control, including but not limited to weather conditions, supply chain disruptions, or permitting issues.

6. Client Responsibilities

• Site Access: The client is responsible for providing adequate access to the property and worksite. This includes ensuring that all necessary permits and approvals are obtained before the commencement of work.
• Utilities: The client is responsible for marking or identifying the location of all underground utilities. Pool Design of Austin is not liable for any damage caused to unmarked utilities during construction.
• Communication: The client agrees to maintain open and timely communication with Pool Design of Austin throughout the duration of the project.

7. Warranties and Guarantees

• Workmanship Warranty: Pool Design of Austin provides a limited warranty on workmanship. The duration and specific terms of this warranty will be outlined in the contract.
• Material Warranty: Materials used in construction may come with manufacturer warranties. It is the client's responsibility to review these warranties and understand the coverage provided.
• Exclusions: Warranties do not cover damages caused by improper maintenance, misuse, natural disasters, or modifications made by third parties after the project is completed.

8. Liability

• Limitation of Liability: Pool Design of Austin's liability is limited to the value of the contract. We are not liable for any indirect, incidental, or consequential damages arising from the use or inability to use our services.
• Insurance: Pool Design of Austin carries liability insurance as required by law. It is recommended that clients also maintain adequate homeowner's insurance to cover potential risks associated with construction projects.

9. Permits and Approvals

• Permits: The client is responsible for obtaining all necessary permits and approvals required for the project. Pool Design of Austin can assist with this process if agreed upon in the contract.
• Compliance: The client agrees to comply with all local building codes, zoning laws, and other regulations. Pool Design of Austin is not liable for any fines or penalties resulting from non-compliance.

10. Termination of Services

• By the Client: The client may terminate the contract at any time, subject to the terms outlined in the contract. Termination may result in the forfeiture of deposits or the payment of cancellation fees.
• By the Company: Pool Design of Austin reserves the right to terminate services if the client fails to meet their obligations, including but not limited to non-payment or breach of contract.

11. Dispute Resolution

• Mediation: In the event of a dispute, both parties agree to attempt mediation before pursuing legal action. Mediation costs will be shared equally by both parties.
• Legal Jurisdiction: Any legal disputes will be governed by the laws of the State of Texas. The venue for any legal proceedings will be in Travis County, Texas.

12. Privacy and Confidentiality

• Client Information: Pool Design of Austin respects your privacy. We will only use your personal information for purposes related to the project and will not share it with third parties without your consent, except as required by law.
• Confidentiality: Both parties agree to keep all project-related information confidential unless disclosure is required by law or agreed upon in writing.

13. Intellectual Property

• Design Ownership: All pool designs created by Pool Design of Austin are the intellectual property of the company. Clients are granted a limited license to use the designs for the specific project outlined in the contract.
• Prohibited Use: The client may not reproduce, distribute, or use the designs for any other purpose without the written consent of Pool Design of Austin.

14. Force Majeure

Pool Design of Austin is not liable for any failure to perform its obligations under this contract due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of God, labor strikes, or supply chain disruptions.

15. Entire Agreement

These terms and conditions, together with the contract, constitute the entire agreement between the client and Pool Design of Austin. Any modifications or amendments must be made in writing and signed by both parties.

16. Severability

If any provision of these terms and conditions is found to be unenforceable or invalid, the remaining provisions will remain in full force and effect.

17. Contact Information

For any questions or concerns regarding these terms and conditions, please contact Pool Design of Austin at 512-623-7567.

Effective Date: August 25, 2024