Introduction Element Pools & Spas Inc (“Company,” “we,” “us,” or “our”) respects your privacy and is committed to protecting the personal information you provide through our website, advertising, marketing campaigns, and services. This Terms & Conditions document governs your use of our website, services, and communications.
We do not sell, rent, or share your personal information with third parties for their marketing purposes.
By accessing our website, requesting services, signing a proposal, or communicating with us (including SMS), you agree to these Terms and Conditions.
2. Services Provided Element Pools & Spas Inc provides custom swimming pool and spa design, construction, renovation, repair, maintenance, and related outdoor services throughout Florida. All services are subject to:
Site conditions
Local zoning and building codes
Permit approvals
Material availability
Executed written agreements
3.Estimates, Proposals & Contracts
All estimates and proposals are non-binding until accepted in writing.
Pricing is based on conditions known at the time of proposal.
Unforeseen conditions (soil issues, groundwater, rock, utility conflicts, code changes) may result in additional costs.
A signed contract and required deposit are necessary before work begins.
4. Permits & Inspections
Required permits will be obtained by Element Pools & Spas Inc unless otherwise stated in writing.
Project timelines depend on permitting authorities and inspections.
The Company is not responsible for delays caused by municipalities, counties, or state agencies.
5. Homeowner Responsibilities Customers agree to:
Provide clear access to the job site
Accurately represent property boundaries
Identify private utilities, septic systems, irrigation, and underground obstructions
Secure pets and children away from construction areas
Maintain utilities (water and electricity) required for construction
Element Pools & Spas Inc is not responsible for undisclosed site conditions.
6. Construction Delays Timelines are estimates only. Delays may occur due to:
7. Change Orders Any modification to the agreed scope of work must be documented in a written change order signed by both parties. Change orders may impact pricing and completion timelines.
8. Payments & Non-Payment
Payment schedules are outlined in your contract or invoice.
Failure to make timely payments may result in work stoppage, project delays, late fees, or collection actions allowed under Florida law.
Deposits and progress payments are non-refundable once work has commenced unless otherwise stated in writing.
9. Warranties
Workmanship warranties, if applicable, are outlined in the written contract.
Manufacturer warranties apply to equipment and materials.
Warranties do not cover damage caused by misuse, lack of maintenance, acts of nature, or unauthorized modifications.
Limitation of Liability To the fullest extent permitted by Florida law, Element Pools & Spas Inc shall not be liable for indirect, incidental, special, or consequential damages arising from services performed or website use.
Website & Intellectual Property All website content, designs, photos, videos, logos, and written materials are the intellectual property of Element Pools & Spas Inc and may not be reproduced without written consent.
SMS & Electronic Communications Program Name: Element Pools & Spas Inc Marketing SMS Program
Program Description: By providing your phone number and explicitly opting in, you consent to receive marketing text messages from Element Pools & Spas Inc, including promotions, special offers, and marketing communications related to our services.
Message Frequency & Rates: Message frequency may vary. Message and data rates may apply.
Opt-Out Instructions: You may opt out of receiving text messages at any time by replying STOP.
Rejoining Instructions: After opting out, you may rejoin the SMS program by submitting a new opt-in through our website or authorized forms.
Help Instructions: For assistance, reply HELP or contact us at info@elementpoolsfl.com.
Carrier Liability Disclaimer: Carriers are not liable for delayed or undelivered messages.
Privacy Policy: SMS communications are governed by our Privacy Policy. For more information, please review our Privacy Policy.
Compliance with Industry Standards: This SMS program complies with applicable CTIA guidelines and mobile carrier requirements.
Legal Compliance: This program is subject to all applicable federal and state laws.
13. Privacy We respect your privacy. We do not sell, rent, or share customer phone numbers with third parties for marketing purposes. Personal information is used solely for business operations and service delivery. Please review our Privacy Policy for details.
14.Termination of Service We reserve the right to suspend or terminate services for:
Non-payment
Unsafe site conditions
Breach of contract
Violation of these Terms
Governing Law & Venue These Terms and Conditions are governed by the laws of the State of Florida. Any disputes shall be resolved in the appropriate courts located within Florida.
Updates to These Terms Element Pools & Spas Inc may update these Terms at any time. Continued use of our website or services constitutes acceptance of the revised terms.
Eligibility and Age Requirement By using this website or opting in to receive SMS communications from Element Pools and Spas Inc., you confirm that you are at least 18 years of age or the age of majority in your jurisdiction. Our services and messaging programs are not directed to individuals under the age of 18. If we become aware that personal information has been collected from an individual under 18 without verified parental or guardian consent, we will take steps to delete such information.
Contact Information For questions regarding these Terms and Conditions, please contact:
Element Pools & Spas Inc 📧 info@elementpoolsfl.com
