Terms of Service

These Terms of Service (the “Terms”) form a binding agreement between you and AquaPerfectSXM (“we”, “us” or “our”). They govern your access to and use of our website at https://aquaperfectsxm.com and any services we provide to you, whether under a one-off quote, a recurring arrangement or a written services agreement.

By using our website, requesting a quote, booking a walkthrough or accepting a service from us, you confirm that you have read, understood and agreed to these Terms. If you do not agree, please do not use the website or request services.

We may update these Terms from time to time. The current version is identified by the “Effective” date at the top of this page. Material changes will be communicated to active clients in writing, by email or in-app notice, before they take effect.

• “You” or “Client” means the individual or entity using our website or receiving our services.
• “Services” means the pool, exterior, chemical-supply and villa-care services described on our website or in a quote, plus any related communications.
• “Property” means the address or premises at which we perform Services.
• “Quote” means a written estimate or proposal we send to you, by email, WhatsApp or PDF, in response to your request.
• “Visit” means a single scheduled attendance at the Property by our team to perform Services.
• “Plan” means a recurring services arrangement (for example, weekly pool care or a quarterly washing rotation).

We provide pool maintenance, exterior pressure washing and soft-wash, on-island supply of common pool chemicals, and turn-key villa-care arrangements within Sint Maarten (Dutch and French sides). The scope of any specific Service is set by your accepted Quote or Plan, read together with these Terms.

Unless explicitly stated in your Quote, the following are not included:

• Major equipment repair or replacement (pumps, filters, salt cells, plumbing, electrical work);
• Pool resurfacing, retiling or structural work;
• Landscaping, gardening or interior cleaning;
• Heavy stain removal, algae remediation, drain-and-refill chemistry beyond a fair-use threshold — quoted separately;
• Storm clean-up after named tropical systems — quoted separately, see force majeure;
• Procurement of specialty chemicals or parts that require special order.

Where you ask for work outside the scope of your Quote, we will discuss it and either revise the Quote or treat it as an additional one-off service.

5.1 Quote process

When you request a quote — by form, WhatsApp, email or phone — we will reply with options and pricing within one business day in most cases. A Quote becomes binding only once you confirm it in writing (email, WhatsApp message or signed PDF) and we acknowledge that confirmation.

5.2 Placeholder pricing on the website

During our launch phase, package prices on the website are shown as placeholders (for example, “$—”). The figures we quote you directly always supersede placeholder text on the site. We never charge based on placeholder values.

5.3 Validity of quotes

Unless stated otherwise, quotes are valid for 30 days from the date we send them. After that we may need to re-confirm pricing in light of any cost changes (for example, chemical supply costs).

5.4 Taxes and fees

All prices are exclusive of any applicable taxes unless explicitly stated. Where Turnover Tax (TOT) or other applicable Sint Maarten taxes apply, they will be itemized on the relevant invoice. Bank-transfer fees, where charged by your bank, are your responsibility.

6.1 Confirming a booking

A booking is confirmed when we send you the scheduled date and time and you do not object before the visit. For free walkthroughs requested via the website, we will reach out to confirm the exact time within one business day.

6.2 Access to the Property

You agree to provide safe and lawful access to the Property at the agreed time. Where the Property requires gate codes, keys, alarm codes or other access information, you authorize us to use that information solely for the purpose of performing the Services.

If on arrival we cannot safely access the Property because the gate is locked, the dog is unrestrained, the area is unsafe, the agreed access information does not work, or no one is present where presence is required, we will attempt to contact you. If we cannot perform the visit, a no-access fee may apply (see section 7).

6.3 Pets, children and other occupants

For everyone's safety, please ensure pets and children are kept away from pool equipment, chemicals and active work areas during a Visit. If we reasonably believe a person or animal may be harmed, we will pause work and contact you.

6.4 Rescheduling for weather and named storms

We may reschedule or pause visits due to lightning, heavy storms, named tropical systems or government-mandated closures. We will notify you as soon as practicable and offer the next available slot.

7.1 Cancellation or reschedule by you

• More than 24 hours' notice: no charge.
• Less than 24 hours' notice for a one-off visit: up to 50% of the agreed price may be charged to cover travel and time held.
• For recurring plans, occasional reschedules within the same week are accommodated where possible without charge.

7.2 No-show / no-access fee

If we attend and cannot perform the Visit because of denied or unsafe access (see 6.2), a no-show fee equal to up to 50% of the agreed price may be charged.

7.3 Cancellation by us

We may cancel or reschedule a Visit at our discretion for safety, weather or operational reasons. Where this happens, no fee is charged for the cancelled Visit and we will offer the next available slot. We reserve the right to cancel a Plan or refuse further service where the Property or its occupants pose an unreasonable safety risk to our team.

7.4 Cancelling a recurring plan

Recurring plans are month-to-month. You may cancel at any time by giving us at least 7 days' written notice. Visits already performed in the notice period remain payable.

8.1 Invoicing

One-off Services are invoiced after completion. Recurring Plans are invoiced monthly in arrears, unless your Quote says otherwise. Invoices are sent by email to the address you provide.

8.2 Payment methods

We accept bank transfer and cash. We may introduce additional payment methods (card, online payment) after launch; we will tell you in writing if any new method changes how your data is handled.

8.3 Payment terms

Invoices are due within 14 days of the invoice date unless otherwise agreed. We may pause Services on accounts that are more than 30 days overdue, after written notice.

8.4 Late payment

We may charge interest on overdue amounts at the rate permitted under the Civil Code of Sint Maarten, plus reasonable collection costs. We will only do so after written notice and a reasonable opportunity to cure.

8.5 Disputed amounts

If you dispute any item on an invoice, please tell us within 14 days of the invoice date so we can investigate. Undisputed amounts remain payable on time.

9.1 What's included in a visit

The included items for each Service tier are listed on the relevant page of our website and in your Quote. We will perform each Visit with reasonable care and skill and using methods appropriate to the Property's surfaces and equipment.

9.2 Photo and chemistry reports

Where the Service includes a post-visit report (e.g., pool care or villa care), the report may include before/after photos, chemistry readings, products applied and technician notes. Reports are sent to you by email or WhatsApp the same day where reasonably possible.

9.3 Chemical handling

We use commercially available pool and exterior cleaning chemicals in accordance with manufacturer guidance. You consent to our use of such chemicals at the Property in the amounts required to safely balance and treat the water and surfaces. If you have specific chemical preferences or restrictions (for example, salt-only systems, allergies), please tell us before we start.

9.4 Detergent runoff and plants

We use plant- and pool-safe detergents and we rinse runoff carefully. We cannot guarantee the survival of specific plants or finishes, particularly where the Property has unusual drainage or sensitive landscaping; if you have concerns, please point them out before the first Visit.

10.1 Your representations

• You confirm that you own the Property or are otherwise authorized to engage us to perform Services at it.
• You will provide accurate information about pool volume, equipment, surfaces, and any known issues so we can deliver Services safely.
• You will provide sufficient water supply, drainage and (where required) power at the Property.

10.2 Pre-existing conditions

We will document pre-existing conditions where reasonably possible (cracks, staining, worn surfaces, marginal equipment). We are not responsible for deterioration of pre-existing conditions identified to you, or for issues caused by latent defects in the Property or its equipment.

10.3 Damage policy

If we cause damage to your Property or equipment through our negligence, we will arrange prompt repair or compensation, subject to the limitations in section 11. Please report any suspected damage to us within 5 business days of becoming aware of it so that we can investigate.

11.1 Insurance

We maintain liability insurance appropriate to our Services. Details of cover are available on reasonable request.

11.2 What we are liable for

We are liable for direct damage caused by our negligent acts or omissions in performing the Services, up to the limits below. Nothing in these Terms excludes or limits our liability where Sint Maarten law does not permit such exclusion or limitation — including for fraud, intentional misconduct or gross negligence.

11.3 Cap on liability

To the maximum extent permitted by Sint Maarten law, our aggregate liability to you for any and all claims arising from or in connection with the Services in any twelve-month period is capped at the greater of (a) the amounts paid by you to us for Services in the twelve months preceding the event giving rise to the claim, or (b) the amount recoverable under our liability insurance for the relevant claim.

11.4 Excluded losses

To the maximum extent permitted by law, we are not liable for indirect, incidental, consequential or special damages, loss of rental income, loss of profit, loss of data, or loss arising from circumstances beyond our reasonable control (see force majeure).

11.5 No warranty against pre-existing or environmental issues

Pools, surfaces and equipment on Sint Maarten are exposed to salt air, intense sun and heavy rain. We do not warrant against deterioration that has natural or environmental causes, or against issues arising from underlying defects in the Property or its equipment.

We are not in breach of these Terms, and not liable for delay or failure to perform, where performance is prevented or delayed by an event beyond our reasonable control, including:

• Named tropical systems (tropical storms, hurricanes), severe weather, lightning and flooding;
• Government-mandated closures, curfews, road closures or evacuation orders;
• Utility outages (water, power) at the Property or at our supplier;
• Industrial action, supplier or shipping disruptions affecting chemicals or parts;
• Epidemics, pandemics or public-health measures;
• Any other event that a reasonable business operating in Sint Maarten could not have foreseen or avoided.

Where a force-majeure event lasts more than 30 days, either party may suspend or terminate the affected portion of the Plan on written notice, without liability for the suspended or terminated portion. Amounts already invoiced for Services performed remain payable.

13.1 Photos taken during Services

As part of our Services, we take photos of work performed at the Property. These photos are included in your post-visit report and kept on file with your service history.

13.2 Use in marketing

We may use anonymized or cropped photos of work performed (for example, a clean tile line, a driveway before/after) for our own marketing, training or website. We will not include identifying details of your Property without your prior consent. You can ask us to stop using any specific photo at any time by emailing privacy@aquaperfectsxm.com.

13.3 Website content

The website and its content (text, design, images, code) are owned by us or our licensors and protected by intellectual-property laws. You may view the site for personal, non-commercial purposes; you may not copy, modify, redistribute or use it commercially without our prior written permission, except as expressly permitted by law.

When using the website, you agree not to:

• Submit false or misleading information, including in quote requests;
• Use any automated means to access, scrape or copy the site beyond what is permitted by our robots policy;
• Attempt to access systems, data or accounts you are not authorized to access;
• Interfere with the operation of the site, including by attempting denial-of-service or injecting malicious code;
• Use the site to send unlawful, harassing, abusive, defamatory or infringing content.

We may suspend or block access for any visitor we reasonably believe is in breach of this section.

By providing your phone number or WhatsApp number, you consent to us contacting you about quotes, scheduling, visit reports and invoicing through those channels. We will not send you unsolicited marketing on WhatsApp. You can ask us at any time to switch to a different channel.

You may unsubscribe from non-essential emails at any time using the link at the bottom of any such email, or by emailing privacy@aquaperfectsxm.com. Transactional emails (quote confirmations, scheduling messages, invoices) are not subject to unsubscribe and are sent regardless.

Our Privacy Policy explains how we collect and use personal data. By accepting these Terms you confirm you have read and understood that policy.

To the extent permitted by Sint Maarten law, you agree to indemnify and hold us harmless from and against any third-party claims arising out of (i) your breach of these Terms, (ii) your violation of any law or rights of any third party, or (iii) inaccurate information you provided about ownership of the Property or your authority to engage us.

These Terms and any contract for Services are governed by, and construed in accordance with, the laws of Sint Maarten.

The parties submit to the exclusive jurisdiction of the Court of First Instance of Sint Maarten for any dispute arising out of or in connection with these Terms or the Services, subject to any right of appeal to the Common Court of Justice of Aruba, Curaçao, Sint Maarten and of Bonaire, Sint Eustatius and Saba.

Nothing in this section prevents us from seeking urgent interim or injunctive relief in any competent court.

Before starting any legal proceedings, we both agree to try in good faith to resolve any dispute informally for a period of at least 30 days, starting with a written notice describing the dispute sent to hello@aquaperfectsxm.com.

Nothing in this section limits your right to bring a complaint to any competent supervisory authority (for example, a personal data protection authority) where applicable.

19.1 Severability

If any provision of these Terms is held invalid or unenforceable by a competent court, the remaining provisions remain in full force, and the invalid provision is replaced by a valid provision that comes closest to the intent of the original.

19.2 No waiver

A failure or delay by either party to exercise any right under these Terms is not a waiver of that right.

19.3 Entire agreement

These Terms, together with the accepted Quote and our Privacy Policy, form the entire agreement between you and us in respect of the Services, and supersede any prior understanding.

19.4 Assignment

You may not assign your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a business transfer or reorganization on at least 30 days' written notice.

19.5 Language

These Terms are provided in English. If we provide a translation, the English version prevails in the event of any inconsistency.

19.6 Notices

Notices to us should be sent by email to hello@aquaperfectsxm.com. We will send notices to you to the most recent contact details you have provided.

If anything in these Terms is unclear, please get in touch:

• Email: hello@aquaperfectsxm.com
• Phone / WhatsApp: +1 (721) 555-1234
• Registered address: TO_BE_COMPLETED — Sint Maarten
• Chamber of Commerce: TO_BE_COMPLETED