General These Terms of Service (“TOS”), either as amended from time to time by KustomScapes and Pools, LLC., a limited liability company, its subsidiaries, affiliates, predecessors, successors and assigns (“KustomScapes and Pools,” “KustomScapes” “KustomScapes and Pools, LLC.,” “us,” “we” and/or “our”), between you (“Client,” “Customer”, “you” and/or “your”) and KustomScapes and Pools, sets forth the terms applicable to your purchase and/or use of our products and services (collectively, the “Services”). You and KustomScapes and Pools together may be referred to herein as the “Parties,” and each may be referred to herein as a “Party.” This TOS explains our obligations to you and your obligations to us regarding any Services you purchase or otherwise use. These TOS apply to our provision of residential and commercial outdoor living, hardscape, concrete work, pool renovations, and residential and commercial pool opening, closing, service calls, maintenance services, and any other work contracted with KustomScapes and Pools. By signing up for our products and/or services, you acknowledge that you have read, understand, and agree to be bound by this TOS, as well as all other applicable rules or policies, terms and conditions, or service agreements that are or may be established by us from time to time and are incorporated herein by reference.These Terms of Service may be updated from time to time by posting on the website. KustomScapes and Pools, LLC. reserves the right to modify the terms and conditions of this TOS or KustomScapes and Pools policies relating to the Services at any time, effective upon posting of an updated version of this TOS on the website. Therefore, it is important to check the last updated date posted at the top of this TOS each time you visit the website or use any of the Services to ensure you are familiar with our most updated terms. You are responsible for regularly reviewing this TOS, which is available on the website at all times. Continued use of the Services after any such changes shall constitute your consent to such changes. At the client's request, the TOS can be printed and picked up at either store location.
Terms and Conditions for Service Calls rules or policies, terms and conditions, or service agreements that are or may be established by us from time to time and are incorporated herein by reference.These Terms of Service may be updated from time to time by posting on the website. KustomScapes and Pools, LLC. reserves the right to modify the terms and conditions of this TOS or KustomScapes and Pools policies relating to the Services at any time, effective upon posting of an updated version of this TOS on the website. Therefore, it is important to check the last updated date posted at the top of this TOS each time you visit the website or use any of the Services to ensure you are familiar with our most updated terms. You are responsible for regularly reviewing this TOS, which is available on the website at all times. Continued use of the Services after any such changes shall constitute your consent to such changes. At the client's request, the TOS can be printed and picked up at either store location. Emergency After-Hours Services To access after-hours emergency services, please call and select option 4. By requesting a service technician to come out after regular business hours, the customer acknowledges and agrees to a $350.00 fee for the first hour. This fee begins when the technician departs from their property (the tech’s property)and continues until they return to their location. After the first hour, additional time will be billed at $112.00 per technician per hour. Please note that this fee does not include chemicals and materials and will be invoiced separately. By requesting an emergency service technician, the customer confirms their authority to authorize work to be performed at the specified address and accepts responsibility for all associated invoices.
Terms and Conditions for Pool Opening/Closing and Maintenance Pool Maintenance Terms and Conditions-Repairs or parts are not included in the weekly service fee. Repairs or parts under $250 will be performed immediately and charged separately to the customer. Repairs greater than $250 shall require Customer authorization in advance of the repair. All property and equipment installed will remain the property of KustomScapes and Pools until final payment is made on the repair. The customer agrees to pay KustomScapes & Pools, LLC the service fee, as stated in the contract as well as any additional costs that may be incurred for repairs or services that are in addition to the services, as well as any additional chemicals or specialty chemicals from our stock. KustomScapes & Pools, LLC reserves the right to delay services due to weather conditions, adverse site conditions, or other issues that are beyond KustomScapes and Pools control. KustomScapes & Pools, LLC is not responsible for allergic reactions due to chemicals added to the client’s pool. Disclaimer: KustomScapes & Pools, LLC shall not be responsible for any damage to property due to acts of nature, fire, vandalism, misuse, acts of God, or abuse. Customers should be aware of the normal deterioration of equipment over time due to exposure to chemicals, sunlight, and, in some cases, other corrosive materials (e.g., salt). KustomScapes and Pools, LLC is not responsible for the performance of chemicals it does not sell. KustomScapes and Pools, LLC is not liable for stone breakage when installing pool covers. KustomScapes and Pools, LLC is not responsible for hitting pool plumbing lines, electrical lines, or any other lines installed. The customer is responsible for maintaining the correct water level and proper pool maintenance in between visits. Also, KustomScapes & Pools, LLC is not responsible for any damage or deterioration caused by a customer's failure to perform other services recommended by KustomScapes & Pools, LLC, or by the customer's failure to properly maintain the pool and equipment between visits. Our goal is your complete satisfaction. If a job is not satisfactorily completed, please notify KustomScapes and Pools via email, text, or phone call within 24 hours so we can investigate and resolve the issue quickly. If you do not bring the issue to our attention, we cannot correct the situation and consequently will not issue any credits. Termination: The Agreement may be terminated by either Party. However, the Parties further agree that Client shall give KustomScapes and Pools thirty (30) days' advance written notice of Client’s termination of this Pool Service Agreement. Such written notice may be delivered by email or in writing. The contractor and client each waive any right to a trial by jury in any action or proceeding to enforce or defend any rights (a) under this agreement or under any amendment, instrument, document, or agreement delivered or which may in the future be delivered in connection here within and agree that any such action or proceeding shall be tried before a court and not before a jury. Class Action Waiver- The parties agree that any claims will be adjudicated on an individual basis, and each waives the right to participate in a class, collective, paga, or other joint action with respect to the claims. Each provision of this Agreement is intended to be severable, and, if any term or provision of this Agreement is determined to be invalid for any reason whatsoever, such invalidity shall not affect the validity or legality of the remainder of this Agreement. This Agreement shall be strictly governed by and construed under the laws of the State of Maryland. Jurisdiction and venue in the enforcement or interpretation of this Agreement shall be appropriate in any court of competent jurisdiction in Talbot County, State of Maryland, and the undersigned expressly consents thereto. This agreement may be signed in any number of counterparts, each of which shall be an original and, when taken together, shall constitute one agreement. Photocopies, or email transmissions of Adobe portable document format files (also known as “PDF” files) of signatures shall be deemed original signatures and shall be fully binding on the parties to the same extent as original signatures. The client/owner is responsible for any fees including but not limited to attorney’s fees (whether or not litigation is initiated), charges, interest (at 18% per annum or the maximum legal amount), and penalties incurred by KustomScapes & Pools, LLC, or its agents and representatives, associated with the litigation over, and collection of, any past due monies the client/owner owes KustomScapes & Pools. KustomScapes & Pools, LLC reserves the right to stop services (with no adverse effect to the Contractor) if payments are overdue. KustomScapes & Pools, LLC. is not responsible for damages done to points of access. KustomScapes & Pools, LLC reserves the right to suspend services (without adverse effect on the contractor) if payments are overdue. KustomScapes & Pools and the customer are not bound by any prior discussions, oral expression, or representation by any party or by any other person purporting to act for or on behalf of either party or by any commitment or arrangement not specified in this Contract. If any provision (or portion thereof) of this Contract shall be deemed invalid, if it is agreed that such invalidity shall only affect such provisions (or portion thereof) and the remainder of this Contract shall remain in force in effect. Notwithstanding the foregoing, email or text approvals or authorizations by the client for changes accepted by KustomScapes and Pools shall be binding on the client. The customer is responsible for monitoring pets, children, and persons in and around the pool. KustomScapes and Pools will not be responsible for lost pets left in the pool area. Client acknowledges that having a swimming pool, pool decking, diving boards, jumping rocks, waterfalls, waterslides, fire bowls/pits, etc.… may increase risk to the user and or guests of the property. The customer understands the risks associated with the above. Client waives and releases KustomScapes and Pools from all liability and assumes all risks associated. Client will hold KustomScapes and Pools harmless from any losses, damages, claims, suits, actions, or causes of action related to or arising in connection with any risk element. KustomScapes and Pools is not liable for liners floating or concrete pools popping out of the ground during the winter. The contractor's license and certificate of insurance will be provided upon request of the owner. Photographs/Videos of the project may be used in marketing and social media. Client acknowledges that since participation in KustomScapes and Pools is voluntary, Client will receive no financial compensation. Client understands KustomScapes and Pools will not share any personal information (i.e., name, street address, phone number, email, etc.).
Terms and Conditions for Construction/Renovations/Change Orders Etc. KustomScapes & Pools reserves the right to delay services due to weather conditions, permit delays, adverse site conditions, products or materials delay, client delays, or other issues beyond KustomScapes and Pools control. Deposits are non-refundable. Client agrees that the start date and completion date are for convenience only and are not intended to be a material term of this contract, and cannot be a basis for the client's breach of this contract. Normal permitting fees and paperwork are included in pool construction. If the permitting process requires additional work outside the normal scope of the permitting process or after-hours meetings, the client will be invoiced accordingly. If the contract is canceled within three weeks of pool construction, the client is responsible for a pull-off fee equal to 10% of the contract amount.
Contract & Price Payments KustomScapes & Pools reserves the right to delay services due to weather conditions, permit delays, adverse site conditions, products or materials delay, client delays, or other issues beyond KustomScapes and Pools control. Deposits are non-refundable. Client agrees that the start date and completion date are for convenience only and are not intended to be a material term of this contract, and cannot be a basis for the client's breach of this contract. Normal permitting fees and paperwork are included in pool construction. If the permitting process requires additional work outside the normal scope of the permitting process or after-hours meetings, the client will be invoiced accordingly. If the contract is canceled within three weeks of pool construction, the client is responsible for a pull-off fee equal to 10% of the contract amount.
KustomScapes and Pools will not schedule a timeframe for installation until a permit is issued for the new pool installation.
KustomScapes and Pools will not schedule a timeline for liner installation or other jobs until materials are received from the manufacturer. Start dates are approximate date and may change due to weather conditions, adverse site conditions, subcontractor delays, products or materials delay, client delays, or other issues beyond KustomScapes and Pools control. KustomScapes and Pools will not guarantee a completion timeframe as this may change due to weather conditions, adverse site conditions, subcontractor delays, products or materials delay, client delays, or other issues beyond KustomScapes and Pools control. Client understands that the estimated start and completion dates are good-faith estimates only and agrees there will be no penalty to KustomScapes and Pools. Client agrees that the start date and completion date are for convenience only and are not intended to be a material term of this contract, and cannot be a basis for a breach of the contract by the client. Client understands that the Definition of “working day” is Monday through Friday, excluding holidays, days with a 50+% chance of rain, days delayed by governmental inspections or change requirements, or additional work orders by Client.
The pool is deemed complete when plastered or when vinyl liner fittings are cut in. The estimated completion time starts when excavation is completed. FORCE MAJEURE- KustomScapes and Pools will not be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy. For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in market prices or conditions, or (c) a party's financial inability to perform its obligations hereunder.KustomScapes and Pools recommends pool location be staked out by a licensed surveying company at the client’s expense. If the client chooses not to have a licensed surveying company stake out the pool location, KustomScapes and Pools will not be liable or responsible for the final pool location and or fees incurred to remediate. For pool replacements, if the pool is currently within the 100 ft buffer permit will need to be obtained by a licensed surveying company at the client’s expense. KustomScapes & Pools is not responsible for any damage done to existing irrigation lines, landscape lighting lines, invisible dog fences, plumbing, pool plumbing, gas, electrical lines, and any other line(s) or underground tanks, etc. previously installed. This proposal/contract is based solely on the observations that KustomScapes and Pools were able to make with the project in its condition at the time the proposal/contract was bid. If additional concealed conditions are discovered once work has commenced or after this contract is executed which were not visible at the time this contract was bid, KustomScapes and Pools will notify the client of these concealed conditions, and these concealed conditions will be treated as additional work or changes under this contract, and the client will be responsible for additional fees incurred. KustomScapes and Pools is not responsible for damages caused by ground compaction by excavation, construction, and/or delivery of equipment or materials. Client will notify KustomScapes and Pools prior to signing this contract if the existing pool, spa, and or any other improvements are leaking water. KustomScapes and Pools suggest getting a third-party leak detection company to test for leaks at the Client’s expense prior to any renovation work beginning. Client acknowledges and agrees that KustomScapes and Pools is not responsible for leaks following renovation work if third-party leak detection is not performed prior to the renovation work or any other type of work. KustomScapes and Pools cannot guarantee the longevity of any leak repair or that all leaks have been identified during leak detection or repair. KustomScapes and Pools is not responsible for any malfunctions of existing pool lights that occur after they are reinstalled during a pool renovation. The client acknowledges that the existing pool lights are in a condition that allows for their removal and reinstallation without breakage. KustomScapes and Pools does not guarantee the outcome of acid washing or chemical treatments used to address stains, mottling, scaling, or other imperfections in the plaster surface or finish. We are not responsible for the final result of such treatments.KustomScapes and Pools is not responsible for non-employee accidents/injuries/death incurred at the client's property while undergoing construction. Equipment left on site is to be operated only by authorized KustomScapes and Pools employees. If unauthorized person(s) operate the equipment on-site, they will be responsible for a rental fee (up to $1,000 per day) and any damage to the equipment or the jobsite. The client is responsible for supervising and monitoring pets, children, and individuals in and around the job site and will not be liable for death, injury, or other incidents involving nonemployees. Client acknowledges that having a swimming pool, pool decking, diving boards, jumping rocks, waterfalls, waterslides, fire bowls/pits, outdoor living, etc, may increase risk to the user and or guests of the property. The client understands the risks associated with the above. Client waives and releases KustomScapes and Pools from all liability and assumes all risks associated. Client will hold KustomScapes and Pools harmless from any losses, damages, claims suits, actions, or causes of action related to or arising in connection with any risk element. This also includes and is not limited to swimming prior to pool completion and/or final inspections. KustomScapes & Pools, LLC is not responsible for allergic reactions due to chemicals added to the client's pool. If groundwater is encountered, a dewatering pump will be installed and run 24/7. This will be connected to the client-provided electricity, or a generator can be provided at a daily rate, with the client billed accordingly. KustomScapes & Pools will not be responsible for an increase in electric usage, additional gravel, additional shoring, materials, and labor, etc., if this occurs. The client will be billed accordingly and is responsible for payment. Kustomscapes and Pools is not responsible for a liner floating due to groundwater. In the event work already performed is damaged by any cause beyond KustomScapes and Pools control, KustomScapes and Pools shall be paid for the work performed in the amount set forth in this contract. The cost of all labor and materials to repair work already performed, plus an additional 20% of that cost, shall be considered additional work to be paid for by the client prior to the next stage. KustomScapes and Pools is not responsible for rain or weather damage during construction.Client understands that upon completion of plastering, the pool/spa will run on chlorine for the first season to ensure plaster cures properly. After the first season, the pool/spa may be converted to salt. (New concrete pool installation and pool renovations). Client understands that upon completion of plastering or liner installation, the pool will begin filling using the client-provided hose until water truck(s) arrive. The hose will remain running in between water deliveries. If water delivery trucks are unable to navigate the driveway, the pool will be filled with the client-provided hose and water source, or we can provide a shuttle truck for additional cost, if available. KustomScapes and Pools will not be liable for damage to plaster or vinyl liners caused by any interruption to the water supply. Client understands that when replacing vinyl liners, liner pops are typical in the first season. KustomScapes will place the liner back into the track for the first season. After the first season, it will be billed as a service call. KustomScapes & Pools shall not be held liable for floating liners due to groundwater, incidental wrinkles in the liner, or imperfections in the walls' surface and the floor beneath the liner.The client(s) assumes all responsibility for the existing condition of the pool walls and floor. The Contractor has no prior knowledge of the condition of the pool structure. When replacing or installing a vinyl liner, it is assumed that, upon draining the pool, removing the old liner and installing the new liner can be accomplished without reworking the existing pool structure. If, after draining the pool and removing the old liner, the Contractor cannot install the new liner due to unsuitable conditions in the walls or floor structure, it is the client(s) 'responsibility to repair the structure before the Contractor completes the liner installation. The vinyl liner replacement project is deemed complete when fixtures are cut into the liner. The client assumes all responsibility for the existing condition of the pool's concrete shell, walls, floor, etc., for a pool renovation. If a crack is present, KustomScapes and Pools shall attempt to repair; however does not warrant the repair.
When performing a partial renovation, Client understands that, while we make every effort not to damage the existing coping, tile, and/or plaster during a pool renovation, damage may occur when only part of the pool is renovated. KustomScapes and Pools is not liable for damages done to existing coping or plaster. Plaster preparation assumes the existing plaster is structurally sound and intact. Plaster requiring additional chipping will be performed on a time-and-materials basis, and the client will be billed accordingly. KustomScapes and Pools does not warrant against damage to the pool shell caused by failure to maintain proper water levels or ground water rising above the lowest point of the pool, or damages caused by earth or fill ground movement, earthquake, acts of God or others. The term “concrete swimming pool shell” does not include trim coping (concrete or masonry applied to the structure for aesthetic purposes), tile, coloring, or decking.Masonry/Concrete work is inherently subject to minor cracking, checking, discoloration, staining, and variations in uniformity of color, and these conditions are not considered defective. Raising or settling, which results from expansive or preexisting insufficiently compacted soils, is not warranted. Client acknowledges that masonry/concrete work is created by humans, and even under the closest supervision, small imperfections can and will be expected. If presented with an issue that exceeds industry standards, we may, at our sole discretion, repair or replace the affected section of concrete. Please note that all repairs are promised to return the subject to its as-built integrity, not to its as-built appearance. No warranty is expressed or implied regarding the cosmetic appearance of the repair.
The subject’s appearance will be considered secondary to its long-term functionality and durability. The industry standard for repair or replacement for cracked concrete is greater than ¼” of an inch displacement either in height or gap. Cracks that exceed ¼” of an inch in height or gap may warrant repair or replacement. If KustomScapes and Pools determine repair or replacement is required, we will replace or repair only the affected area. Repair of concrete cracks with caulk or mortar will be considered an acceptable form of repair. Please note that surface or hairline cracks may not be covered. Flaking or popping of concrete surfaces may expose aggregate close to the surface, but such exposure will not compromise the integrity of the slab. The industry standard for repair or replacement for flaking or popping concrete is a minimum of 20% of the total work area affected. Depending on the issue, we may provide a warranty for flaking or popping concrete if 20% or more of the total work area is affected. If repair or replacement is required, we will only replace the affected area. It is not possible to match the color of your porch, sidewalk, patio, coping, etc. Sometimes, different pours on larger jobs vary in color. Color variation is not covered. Natural stone products may vary in color and in texture. Hardscaping/Concrete work does not 100% prevent weed growth. Regular maintenance is suggested. Dry set patios may need to be re-sanded and not warrantied by KustomScapes and Pools. Concrete, mortar, paver, travertine, grout, tile, coping, and colored plaster finishes have no guarantee for final color and/or texture. Client will be responsible for the cost of any chemicals, materials, and labor used beyond the maintenance period (7-10 days for Diamond Brite, 3-4 days for white marbelite) to remediate any issues.
Following the startup period, the pool or spa must stay open and be maintained for approximately 60 days. If you decide to manage the pool or spa yourself after this initial phase, KustomScapes and Pools will not be held responsible for any issues arising from water chemistry or insufficient care. Handrails/ladders and rubber joints are not included. All pricing mentioned in the contract is based on standard materials. All measurements are approximate; a final measurement of all hardscaping will be taken at the completion of the project. The client will be billed for that amount, and no credit will be given for custom-ordered materials. KustomScapes and Pools provides a limited warranty against all labor defects in this project for a period of one year from the date the product or material is installed. KustomScapes and Pools does not cover the use of any utilities such as electricity, gas, or water as a part of our warranty. Tile has no guarantee against cracking, chipping, or popping after October of the year in which it was installed. Plaster is not warranted against discoloration, staining, chipping, or cracking.
All equipment, plaster, parts, materials etc. are covered under the manufacturer’s written warranties. It is the new owner’s responsibility to read those warranties and register them with the manufacturer, as required to activate the full warranty. KustomScapes and Pools will determine if and how items or equipment shall be repaired or replaced based on the manufacturer's recommendation. Labor, water, chemicals, and additional materials is not included in the repair or replacement of defective product or material. Before any warranty work or punch list items can be scheduled or started, the client's account must be paid in full with no outstanding balances. Pool epoxy is often used to seal leaking conduits or shell penetrations. This is a temporary repair. We do not guarantee epoxy repairs.
KustomScapes and Pools is not responsible for matching color or brands no longer available but will make every reasonable effort to match as closely as possible. Pool, spa jets, water and fire features are not guaranteed to have equal pressure, flow of water and/or air bubbles. KustomScapes and Pools is not liable for discoloration or staining from water delivery.
Pool Interior Finish Disclosure (NPC) Pool Interior Finishes are composed of materials which may have inherent shading and/or color variation, which is normal and should not be construed as a defect. Environmental factors such as humidity, temperature, substrate conditions, etc, during the installation process can cause normal color variations(normal mottling) across the surface of a coating. This is generally a uniform shading or cloudy appearance. These variations may be more pronounced on a cloudy day or at night with light on. These conditions are beyond the contractor’s control. Discoloration or mottled-shade variation is not considered a failure or defect, but is characteristic of most cementitious products, not needing remedy. It is a normal occurrence of most exposed aggregate finishes to have variation in the surface aggregate density, or variations in the concentration of aggregates across the finished surface. Proper elevation of an interior finish is done when the pool is full of water and under natural light conditions only. The pool interior finish is NOT guaranteed for evenness of color and may not be the exact shade anticipated. The shade and color of pigmented surfaces will vary and “fade” over time. Crazing (check cracks and hairline cracks) may be noticeable and may be quite pronounced with colored finishes, and are normal and are not considered defects. It is highly recommended to perform a start-up procedure on freshly plastered pools, such as the NPC Start-Up Procedure. A proper start-up will promote a longer-lasting interior finish. The longevity of the surface will be dependent on the water chemistry after start-up, being properly maintained in accordance with the Association of Pool & Spa Professionals (APSP) published standards, recommended practice of maintaining the Langlier Saturation index at 0 to +/- 0.5. Overall, common water chemistry parameters to be monitored are: chlorine, total and carbonate alkalinity, pH, calcium, hardness, cyanuric acid, and total dissolved solids.
Notice for Homeowners Every home improvement contract shall contain a notice that gives the telephone number and website of MHIC, and states that "each contractor must hold a current MHIC license, and anyone can ask MHIC about a contractor." The correct address for MHIC is 500 North Calvert Street, Baltimore, Maryland 21202. The telephone numbers are 410-230-6309 and 1-888-218-5925. MHIC regulations require that the contract contain the following notice:a. The Maryland Home Improvement Commission administers the Guaranty Fund, which may compensate homeowners for certain actual losses caused by acts or omissions of licensed contractors; andb. A homeowner has the right to purchase a performance bond for additional protection against losses not covered by the Guaranty Fund. All services will be performed in a professional, workmanlike manner. The Contractor's license and certificate of insurance will be provided upon the owner's request.
KustomScapes & Pools is not responsible for seeded areas after initial germination has occurred. KustomScapes & Pools is not responsible for death or damage caused by acts of nature, which include, but are not limited to, snow damage, lightning, or damage caused by animals and/or wildlife. KustomScapes & Pools is not responsible for over or underwatering of plant material. There is no guarantee on seeded or sodded areas. KustomScapes & Pools is not responsible for holding water in areas where two percent positive drainage is not achievable. KustomScapes & Pools is not responsible for all damages caused to standing structures destroyed by falling limbs. KustomScapes and Pools may assign or subcontract all or any portion of the work to be done. Once the contract is signed, KustomScapes and Pools employees and or assigned subcontractors have permission to access the property seven days a week. Emergency services can be requested. The client is responsible for the emergency service call fee. If client has another contractor install the pool deck, KustomScapes and Pools must be given proper notice to install bond wire and get an approved inspection. If not notified or given enough notice, KustomScapes and Pools is not liable for remediating the situation. The electrical company will be responsible for obtaining electrical permits, performing bonding inspections, and wiring the pool equipment and/or the control panel. When a client has work performed by others, KustomScapes and Pools does not warrant such work, and KustomScapes and Pools shall not be held liable for such work or loss or damages that may result therefrom.
Our goal is your complete satisfaction. If a job is not satisfactorily completed, please notify KustomScapes and Pools via email, text, or phone call, within 24 hours or at the completion of that specific stage, so that we can investigate the matter and resolve it quickly. If you do not bring the issue to our attention, we cannot correct the situation and consequently will not issue any credits. In the event of nonpayment, all warranties are null and void. KustomScapes & Pools maintains the right to file a lien against the owner’s property if the contractor is otherwise unable to collect the monies owed. The client/owner is responsible for any fees including but not limited to attorney’s fees (whether or not litigation is initiated), charges, interest (at 18% per annum or the maximum legal amount), and penalties, office administrative time incurred by KustomScapes & Pools, LLC, or its agents and representatives, associated with the litigation over, and collection of, any past due monies the client/owner owes. Should KustomScapes and Pools incur any costs, attorney fees, or other expenses in legally enforcing any part of this contract, the client will be liable for and reimburse KustomScapes and Pools for all such expended monies. The client will be responsible for legal fees incurred due to unfounded or frivolous accusations.
Waiver of Jury Trial. THE CONTRACTOR AND THE CLIENT EACH WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS (a)UNDER THIS AGREEMENT OR UNDER ANY AMENDMENT, INSTRUMENT, DOCUMENT OR AGREEMENT DELIVERED OR WHICH MAY IN THE FUTURE BE DELIVERED IN CONNECTION HERE WITHIN AND AGREE THAT ANY SUCH ACTION OR PROCEEDING SHALL BE TRIED BEFORE A COURT AND NOT BEFORE A JURY. Class Action Waiver- The parties agree that any claims will be adjudicated on an individual basis, and each waives the right to participate in a class, collective, paga, or other joint action with respect to the claims. Each provision of this Agreement is intended to be severable, and, if any term or provision of this Agreement is determined to be invalid for any reason whatsoever, such invalidity shall not affect the validity or legality of the remainder of this Agreement. This Agreement shall be strictly governed by and construed under the laws of the State of Maryland. Jurisdiction and venue in the enforcement or interpretation of this Agreement shall be appropriate in any court of competent jurisdiction in Talbot County, State of Maryland, and the undersigned expressly consents thereto. This Agreement may be signed in any number of counterparts, each of which shall be an original and, when taken together, shall constitute one agreement. Photocopies, or email transmissions of signatures in Adobe portable document format files (also known as “PDF” files) shall be deemed original signatures and shall be fully binding on the parties to the same extent as original signatures.
KustomScapes & Pools and the client are not bound by any prior discussions, oral expression, or representation by any party or by any other person purporting to act for or on behalf of either party or by any commitment or arrangement not specified in this Contract. If any provision (or portion thereof) of this Contract shall be deemed invalid if it is agreed that such invalidity shall only affect such provisions (or portion thereof) and the remainder of this Contract shall remain in force in effect. Notwithstanding the foregoing, email or text approvals or authorizations by the client for changes accepted by KustomScapes and Pools shall be binding on the client. If the contract is canceled for any reason, services will be itemized. The client will be charged or credited accordingly, except for custom-ordered materials to which the client will be responsible for full payment of said item(s). Site access will be discussed, and a point of access to be determined. If site access is limited or deemed inadequate, the client will be responsible for any incurred fees to make the site accessible. KustomScapes & Pools is not responsible for damages done to access points due to heavy equipment moving materials. We will make every effort to avoid damage. However, damage can occur when large deliveries are made or heavy equipment is needed for the construction.Photographs/Videos of the project may be used in marketing and social media. Client acknowledges that, since its participation with KustomScapes and Pools is voluntary, the client will receive no financial compensation. Client understands that KustomScapes and Pools will not share any personal information (e.g., name, street address, phone number, email, etc.). You, the buyer, may cancel this transaction at any time before midnight of the fifth or seventh business day if the buyer is at least 65 years old, after the transaction date. Proposals are valid for fourteen days from the date the contract was written.
Terms & Conditions 1. RB Retail and Service Solutions simplifies our business operations. This integrated hardware and software solution helps us easily process transactions and manage sales. 2. You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. 3. If you are experiencing issues with the messaging program, you can reply with the keyword HELP for more assistance, or you can get help directly at {support email address or toll-free number}. 4. Carriers are not liable for delayed or undelivered messages 5. As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive {message frequency}. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. 6. If you have any questions regarding privacy, please read our privacy policy.
RB Retail and Service Solutions Software Privacy Policy Last updated: December 03, 2024 This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy. This Privacy Policy has been created with the help of the Privacy Policy Generator.
Interpretation and Definitions Interpretation The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions For the purposes of this Privacy Policy: Account means a unique account created for You to access our Service or parts of our Service.Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to KustomScapes & Pools, LLC., 9017 Centreville Road Easton, MD 21601.
Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.Country refers to: Maryland, United StatesDevice means any device that can access the Service such as a computer, a cell phone or a digital tablet.Personal Data is any information that relates to an identified or identifiable individual.Service refers to the Website.Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).Website refers to KustomScapes & Pools, accessible from https://www.kustomscapesandpools.com/You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Collecting and Using Your Personal Data Types of Data Collected Personal Data: While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:Email addressFirst name and last namePhone numberAddress, State, Province, ZIP/Postal code, CityUsage Data is collected automatically when using the Service.Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include: Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies. Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. You can learn more about cookies on Termseed website article. We use both Session and Persistent Cookies for the purposes set out below: Necessary / Essential Cookies Type: Session CookiesAdministered by: Us Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services. Cookies Policy / Notice Acceptance Cookies Type: Persistent Cookies Administered by: Us Purpose: These Cookies identify if users have accepted the use of cookies on the Website.Functionality Cookies Type: Persistent Cookies Administered by: Us Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.
Use of Your Personal Data The Company may use Personal Data for the following purposes: To provide and maintain our Service, including to monitor the usage of our Service.To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services you have purchased or of any other contract with Us through the Service. To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation. To provide you with news, special offers, and general information about other goods, services, and events which we offer that are similar to those that you have already purchased or enquired about, unless you have opted not to receive such information. To manage your requests: to attend to and manage them with us. For business transfers: We may use your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred. For other purposes: We may use your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns, and to evaluate and improve our Service, products, services, marketing and your experience. We may share your personal information in the following situations: With Service Providers: We may share your personal information with Service Providers to monitor and analyze the use of our Service, and to contact you.
For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company. With Affiliates: We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include our parent company and any other subsidiaries, joint venture partners, or other companies that we control or that are under common control with Us. With business partners: We may share your information with our business partners to offer you certain products, services, or promotions. With other users: when you share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. With Your consent: We may disclose Your personal information for any other purpose with Your consent.
Retention of Your Personal Data The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or we are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country, or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction. Your consent to this Privacy Policy, followed by Your submission of such information, represents Your agreement to that transfer. The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy, and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place, including the security of Your data and other personal information. Delete Your Personal Data You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You. Our Service may give You the ability to delete certain information about You from within the Service. You may update, amend, or delete your information at any time by signing in to Your Account, if you have one, and visiting the account settings section that allows you to manage your personal information. You may also contact Us to request access to, correct, or delete any personal information that you have provided to Us. Please note, however, that we may need to retain certain information when we have a legal obligation or lawful basis to do so.
Disclosure of Your Personal Data Business TransactionsIf the Company is involved in a merger, acquisition, or asset sale, your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.Law enforcementUnder certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency). Other legal requirements The Company may disclose Your Personal Data in good faith belief that such action is necessary to: Comply with a legal obligation Protect and defend the rights or property of the CompanyPrevent or investigate possible wrongdoing in connection with the Service, or protect the personal safety of Users of the Service or the public Protect against legal liability
Security of Your Personal Data The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Children's Privacy Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from anyone under the age of 13 without verification of parental consent, we take steps to remove that information from our servers. If we need to rely on consent as a legal basis for processing your information and your country requires consent from a parent, we may require your parent's consent before we collect and use that information.
Links to Other Websites Our Service may contain links to other websites that are not operated by Us. If you click on a third-party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
Changes to this Privacy Policy We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.We will notify you via email and/or a prominent notice on Our Service prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Contact Us If you have any questions about this Privacy Policy, you can contact us:
By email: info@kustomscapesandpools.comBy
visiting this page on our website: https://www.kustomscapesandpools.com/contact-us
By phone number: 443-786-1464By visiting our store locations at 9017 Centreville Road, Easton, MD 21601, or 2563 Forest Drive, Annapolis, MD 21401.
