Terms and Conditions of Service

(Last Updated October 17, 2025)

PLEASE READ THESE TERMS OF SERVICE CAREFULLY.  THESE TERMS OF SERVICE CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US, AND BY PURCHASING AND/OR USING OUR SERVICES AND WEBSITE, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF SERVICE. 

GENERAL

These Terms and Conditions of Service (“Terms of Service”), by and between, Sunny’s Pools & Spa, LLC, a Delaware limited liability company, its subsidiaries, affiliates, predecessors, successors and assigns (“Sunny’s”, “us”, “we” and/or “our”), and you (“you” and/or “your”), set forth the terms applicable to (i) our provision of construction services and your purchase of any products related thereto (“Construction Services”), (ii) our provision of any maintenance and repair services and your purchase of any products related thereto (“Maintenance Services” together with the Construction Services, the “Services”), and (iii) your use of the content and functionality offered by us to you on our website located at https://sunnyspoolandspa.com/ (the “Website”).  You and Sunny’s together may be referred to herein as the “Parties” and each may be referred to herein as a “Party.”

IMPORTANT NOTICE: PLEASE BE ADVISED THAT THESE TERMS AND CONDITIONS OF SERVICE CONTAIN A CLASS ACTION WAIVER.  PLEASE READ THESE PROVISIONS IN THEIR ENTIRETY BEFORE PURCHASING OUR SERVICES.

MODIFICATION TO TERMS

We reserve the right, in our sole discretion, to modify these Terms of Service at any time without notice to you.  We will post all modifications to these Terms of Service on the Website, and they will become effective immediately upon being posted to the Website.  Your continued use of the Services and/or Website following the posting of such modifications constitutes your acceptance of them.  Therefore, you should check the date of the last update, as identified at the top of these Terms of Service, each time that you visit the Website and review any modifications made.

PAYMENT TERMS

Please refer to the order form, quote or other confirmation of your purchase for a list of the Services you have purchased (“Order Form”).  Your acceptance of the Services set forth in an Order Form constitutes your acceptance of these Terms of Service.

You may pay for Services by, check, ACH payment or credit card.  All checks shall be sent to us at the following address:

Attn: Sunny’s Pool & Spa, LLC.

78 Folly Road, Suite B9 #1306, Charleston, SC 29407

If you pay for Services by credit card, you hereby authorize Sunny’s to charge your credit card account for Services rendered when due.  No prior notification will be provided before charging the credit card on the scheduled date.  Sunny’s will continue to charge the credit card for Services rendered until the final invoice is generated after the completion of Services.  Sunny’s has the right to charge a credit card processing fee should we choose to do so.

If you pay for the Services by credit card or charge card, you permanently and irrevocably waive any and all right to enact a ‘chargeback’ (that is, a disputed, reversed or contested charge with the applicable bank, credit card, charge card or other payment method) against these payments for any reason whatsoever against Sunny’s. If for any reason Sunny’s is unable to charge your payment method for the full amount owed for the Services provided, or if Sunny’s receives notification of a chargeback, reversal, payment dispute or is charged a penalty for any fee it previously charged to you, you agree that we may pursue all available lawful remedies in order to obtain payment.

Except as otherwise agreed between the Parties in an Order Form, you shall pay the entire cost (“Total Price”) for all Construction Services and/or Maintenance Services in accordance with the schedule set forth below, as applicable. 

  • Construction Services
    • Thirty percent (30%) of the Total Price as a down payment;
    • Thirty percent (30%) of the Total Price upon completion of one third (1/3rd) of the project;
    • Thirty percent (30%) of the Total Price upon completion of two thirds (2/3rd) of the project; and
    • Ten percent (10%) of the Total Price upon completion of the entire project.
  • Maintenance Services
    • You will be invoiced on the first day of the month in advance for Maintenance Services performed that month.
    • If you pay by check, payments are due by the 15th of the month.  
    • If you pay by credit card or ACH, you will be charged on the first day of the month.
    • All Maintenance Services require a method of payment on file which will be charged upon completion.

The Total Price for all Services does not include the cost of water, gas, electric supply, fill export dirt, poor soil condition (for example, stumps, rock or ground water), or any other unforeseeable conditions that interfere with the provision of Services, and the Total Price may be reasonably increased as a result of any of the foregoing that materially interfere with our ability to provide the Services.  You are responsible for supplying adequate gas, electric supply lines and plumbing for wastewater to a sanitary sewer from the pool equipment location.  We reserve the right to increase the amount we charge for our services, from time to time upon reasonable notice to you, as a result of market conditions and operational changes.

CANCELLATION POLICY

You may cancel your Maintenance Services at any time upon prior written notice to us.  Maintenance Service cancellations requested during the month will be effective upon confirmation of receipt by us of your notice of cancellation.  In the event you cancel your Maintenance Services you shall remain liable for any Maintenance Services provided prior to the effective date of such cancellation.  No refunds will be issued for partial months of Maintenance Service.

Once an order for Construction Services has been placed, we may incur significant costs, including but not limited to labor, materials and time.  Therefore, if you subsequently request to cancel an order for Construction Services, we will evaluate the request based on the state of the project, the costs incurred to date and other relevant factors.  Ultimately, the decision on whether to grant such a request will be made at our sole discretion.  If we do agree to cancel, you may be responsible for reimbursing us for all costs and losses incurred by us in connection with the project.       

SERVICES

In accepting an Order Form, you agree to provide Sunny’s reasonable access to the jobsite in which we will provide the Services.  Sunny’s shall not be liable or responsible for any delays in providing Services as a result of your failure to provide reasonably necessary access to the jobsite. 

Our Maintenance Services include standard pool cleaning, chemical and equipment checks and other services consistent with your Order Form.  The Maintenance Services provided may be updated by us from time to time in our sole discretion.  Sunny’s strives to maintain your pool in a safe and healthy manner.  We may, from time to time, recommend additional Services, at additional cost, that fall outside the scope of your Order Form.

PRE-AUTHORIZED MAINTENANCE SERVICES

As a matter of convenience and in an effort to keep your pool blue, clear, and swim-ready, as a customer of Sunny’s, you authorize us to do wear and tear Maintenance Services for up to $149.00 without additional approval and billing for such Services.  This could include fixing a basket, pump lid, o-ring, pressure gauge, etc.  Fixing these items quickly will reduce pool downtime and minimize larger issues from occurring if items are not fixed in a timely manner.

MANUFACTURERS WARRANTY

Upon completion of the Services, Sunny’s shall provide you any manufacturer’s warranties available to it for products installed in connection with the Services.  You are solely liable and responsible for, and agree to fully indemnify Sunny’s from, any losses related to or arising from any claims associated with such manufacturer’s warranties. 

LIMITED WARRANTY AND DISCLAIMER

SUNNY’S SHALL PROVIDE A WARRANTY AGAINST MATERIAL DEFECTS IN PERFORMANCE OF THE SERVICES FOR A PERIOD OF ONE (1) YEAR FOLLOWING COMPLETION OF THE SERVICES.  EXCEPT FOR THE LIMITED WARRANTY PROVIDED HEREIN, ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”.  SUNNY’S SOLE LIABILITY, AND YOUR SOLE REMEDY, FOR SUNNY’S BREACH OF THE FOREGOING WARRANTY SHALL BE THE REPERFORMANCE OF THE NON-CONFORMING SERVICES.  EXCEPT AS EXPRESSLY PROVIDED HEREIN, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SUNNY’S HEREBY DISCLAIMS ALL (AND HAS NOT AUTHORIZED ANYONE TO MAKE ANY) WARRANTIES RELATING TO SUNNY’S SERVICES OR OTHER SUBJECT MATTER OF THESE TERMS OF SERVICE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  THE PARTIES ARE NOT RELYING AND HAVE NOT RELIED ON ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING THE SUBJECT MATTER OF THESE TERMS OF SERVICE.

LIMITATION OF LIABILITY; CLASS ACTION WAIVER

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SUNNY’S SHALL NOT BE LIABLE ON ANY THEORY OF LIABILITY, WHETHER IN AN EQUITABLE, LEGAL OR COMMON LAW ACTION ARISING HEREUNDER FOR CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR DAMAGES WHICH, IN THE AGGREGATE, EXCEED THE AMOUNT OF CHARGES PAID OR PAYABLE BY YOU TO SUNNY’S IN THE ONE (1) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.  IN NO EVENT SHALL SUNNY’S BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND AND HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO BUSINESS INTERRUPTION OR LOSS OF PROFITS, BUSINESS OPPORTUNITIES OR GOODWILL, EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGE, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

IN THE EVENT OF ANY CLAIMS OR LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, YOU HEREBY AGREE THAT YOU CAN ONLY BRING CLAIMS ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR REPRESENTATIVE BASIS.

PRIVACY POLICY AND INTELLECTUAL PROPERTY

Privacy Policy.  We will treat all personal information provided by you to us on this Website in accordance with our privacy policy, (the “Privacy Policy”).  By using the Website, you consent to the privacy practices set forth in the Privacy Policy located at https://sunnyspoolandspa.com/terms-conditions/ which is incorporated by reference into these Terms of Service as if set forth herein.

Intellectual Property.  The Website, and our Order Forms, contain forms, content, information, trademarks, and other proprietary information and materials that belong to Sunny’s and that are protected by copyright, trademark and other intellectual property laws (collectively, “Proprietary Materials”).  Sunny’s retains ownership of all right, title and interest in and to all Proprietary Materials and nothing provided for in the Services grants you any right, title or interest in or to any such Proprietary Materials.

You should assume that everything on the Website and in the Order Forms constitutes Proprietary Materials.  Unless otherwise expressly permitted by us in writing, you shall not copy, download, reproduce, distribute, publicly display, publicly perform, prepare derivative works of, or otherwise use or exploit Proprietary Materials.  Any commercial use of Proprietary Materials is strictly prohibited.  All rights not expressly granted herein are reserved to us.  You shall be solely liable for, and fully indemnify us from, any modification, alteration, editing or other use of the Proprietary Materials in violation of these Terms of Service.

MISCELLANEOUS

Relationship.  Neither these Terms of Service nor your use of the Website shall be construed to constitute either us or you as a partner, joint venturer, employee or agent of us, nor shall you hold yourself out as such.  You do not have any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of us. 

Governing Law. These Terms of Service will be governed by the laws of the State of North Carolina, and the Parties consent and submit to the jurisdiction and venue of the State and Federal Courts located in Mecklenburg County, North Carolina, in all disputes arising out of, relating to, or concerning the Construction Services, Maintenances Services, this Website and/or these Terms of Service.

Severability.  If any provision of these Terms of Service are judged to be invalid or unenforceable, the defective provision shall first be revised, limited or amended, consistent with the general intent of the provision, such that it is valid and enforceable, and the remaining provisions of these Terms of Service shall be unaffected and shall remain enforceable.

Waiver.  The failure of either Party to require strict compliance with any term of these Terms of Service shall not be deemed to be a waiver of that or any other term of these Terms of Service.  No waiver shall be deemed to have been made by either Party unless it is expressed in writing and signed by the waiving Party.  No waiver by either Party of any one or more of its rights or remedies under these Terms of Service shall be deemed to be a waiver of any prior or subsequent rights or remedies hereunder or at law or equity.

Headings, Counterparts, and Corporate Warranty.  The paragraph headings appearing in these Terms of Service are inserted only as a matter of convenience and in no way define or limit the scope of such paragraph.

Entire Agreement.  These Terms of Service and any Order Form, as applicable, constitute the entire agreement between you and us with respect to the Services.  These Terms of Service supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Services. 

Contact Us.  If you have any questions, concerns, or would like to schedule a Service, please feel free to contact us using the information below.

Company Name: Sunny’s Pool & Spa, LLC
Address: 78 Folly Road, Suite B9 #1306, Charleston, SC 29407
Phone: 843-343-4788
Email: customercare@sunnyspoolandspa.com 

Our customer service team is available to assist you during the following hours:

Monday – Friday: 8:00 AM – 5:00 PM
Sunday: Closed

SMS Privacy Policy

Sunny’s Pools & Spa, LLC may disclose Personal Data and other information as follows:

Third Parties that Help Provide the Messaging Service: We will not share your opt-in to an SMS short code campaign with a third party for purposes unrelated to supporting you in connection with that campaign. We may share your Personal Data with third parties that help us provide the messaging service, including, but not limited to, platform providers, phone companies, and other vendors who assist us in the delivery of text messages.

Additional Disclosures: Affiliates: We may disclose the Personal Data to our affiliates or subsidiaries; however, if we do so, their use and disclosure of your Personal Data will be subject to this Policy. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.