STANDARD TERMS AND CONDITIONS FOR SERVICES

THESE STANDARD TERMS AND CONDITIONS FOR SERVICES (“TERMS”) ARE INCORPORATED INTO THE ONLINE ORDER, EMAIL ORDER, PURCHASE ORDER OR OTHER DOCUMENT IN WHICH THEY ARE REFERENCED (“ORDER”) AND TOGETHER CONSTITUTE THE ENTIRE CONTRACT BETWEEN NEVERGREEN POOLS, INC. (“NEVERGREEN POOLS”, “WE”, “OUR”, OR “US”) AND THE CUSTOMER IDENTIFIED IN THE ORDER (“CUSTOMER”, “YOU”, OR “YOUR”).  

The Order, these Terms, and all attachments and specifications referenced in or attached to the Order are referred to herein collectively as the “Agreement”. Our collection, use, and disclosure of personal information in connection with the Services is described in our Privacy Policy, available at https://nvrgrn.com/privacy-policy/, which is incorporated into this Agreement by this reference.

The Customer and Nevergreen Pools are each a “Party” and together the “Parties” to the Agreement. Capitalized terms in the Agreement shall, unless the context requires otherwise or unless defined in specific Sections hereof, have the respective meanings set forth in below.

1. SERVICES
   1. Nevergreen Pools agrees to provide the services specified in the Order      according to the schedule specified in the Order for the body(ies) of water      located at the address set forth in the Order (the “Services”).
   2. For any necessary repairs to or small parts up to $175 needed for the pool or installed equipment necessary to maintain the pool Nevergreen Pools identifies while providing Services, Nevergreen Pools will complete such repairs and install or otherwise furnish small parts without seeking Customer’s consent. Charges for these necessary repairs, small parts, and related labor will be added to the next automatic payment as discussed in Section 2 and Section 9 of these Terms.      
   3. Any service call that cannot be resolved by a service technician or requires detailed troubleshooting and/or expertise of our repairs department will be communicated to Customer beforehand to obtain Customer approval. Diagnostic service call rates as listed on the Nevergreen Pools website.
   4. Acceptance of Agreement. The Agreement becomes effective, and you are deemed to have accepted and agreed to be bound by these Terms, when you do any of the following (whichever occurs first): (i) sign or otherwise accept an Order that references these Terms; (ii) click or tap an “I Agree,” “Accept,” “Lets Get Started,” or similar button that references these Terms; or (iii) provide a payment method in response to a service agreement link or order flow that references these Terms.     
2. PRICE AND PAYMENT
   1. Monthly Fee. The price payable by Customer to Nevergreen Pools for the performance of the Services shall be the monthly fee stated in the Order (the “Monthly Fee”). Services are provided on a month‑to‑month basis and automatically renew each month unless cancelled as described in Section 2(f) and Section 8     .
   2. Add-Ons; Chemicals, Parts and Repairs.  Chemicals, Parts and Repairs and service calls (collectively, “Add-Ons”) and any products or services identified in the Order (“Add-Ons”) are NOT included in the Monthly Fee and will be invoiced at an additional fee per service  as specified in the Order and/or Quote. Charges for such Add-Ons, at the discretion of Nevergreen, its subsidiaries and affiliates  may be charges as incurred or added to the next Customer invoice as discussed in Section 2(c).
   3. Payment. The Monthly Fee and any applicable charges shall be payable in accordance with the payment schedule set forth in the Order. A payment method (credit card, debit card or ACH details to debit your checking account) must be provided before Service begins. Nevergreen Pools will send a separate      email or text message requesting this information or Customer can call the      Nevergreen Pools’ office to provide the payment details. The monthly payments will be charged to the Customer-specified payment method on the 1^st of each month (or the first business day, if the 1^st falls on a weekend or holiday) for that month’s Services and any Add-Ons for the prior month that were not billed as incurred. The Customer’s payment for the first month of Services will be prorated based on remaining calendar days in the month and shall be charged before the first date of Services. If an automated payment for Services is rejected or otherwise fails, Nevergreen Pools will email and invoice to the Customer for which payment must be made within 14 days of the invoice date, otherwise a late fee of $25.00 will be applied.  A returned check (physical or electronic) will incur a additional $75 fee. Customer must contact Nevergreen Pools with updated payment information before the 1st day of the following month to continue Services under the Agreement. The payment method on file will be used to pay for any and all Services, Parts, Chemicals and Repairs unless Customer specifically notifies Nevergreen Pools that Customer desires to pay another way prior to the Services, Repairs, or and/or Add-Ons being performed or otherwise fulfilled. By providing a payment method in connection with the Services, you confirm your acceptance of the Agreement, including these Terms and any automatic renewal and recurring payment terms described in Section 2(f).
   4. Effect of Non-Payment. If all or part of any payment due from Customer to      Nevergreen Pools under the Agreement is not paid as specified in Section 2(c) and such non-payment persists for more than thirty (30) days after the date for payment specified in Section 2(c), such failure shall be deemed to be a material breach of the Agreement, and Nevergreen Pools shall be entitled to require Customer to remedy such breach as provided herein and to terminate the Agreement in the event Customer does not remedy the breach.
   5. Price Increases.   Nevergreen, its subsidiaries and affiliates may modify its prices from time to time. Any increase to the Monthly Service Fee will be communicated to Customer with prior written notice provided no fewer than seven (7) days and no more than thirty (30) days before the increase takes effect. Any such increase will apply beginning with the first billing period following delivery of the notice. Prices for non-recurring or optional services, including but not limited to chemicals, filter cleanings, and other add-on services (“Add-On Services”), may be adjusted at any time. Customer will be informed of the applicable price for Add-On Services prior to performance. Customer’s authorization of, request for, or continued acceptance of Add-On Services after such disclosure constitutes agreement to the applicable price.
   6. If Customer does not wish to continue the Services at the adjusted Monthly Service Fee, Customer may cancel the Agreement in accordance with Section 2(f) prior to the effective date of the increase.
   7. Automatic Renewal and Cancellation (California Residents).

Automatic Monthly Renewal. Your Services are provided on a month‑to‑month basis and shall automatically renew until either Party cancels the Agreement as described in this Section 2(f) and Section 8 (Term and Termination). The Monthly Fee set forth in the Order will be charged on a recurring basis each billing period unless you take timely steps to cancel.

Amount and Frequency of Charges. By entering into the Agreement, you agree that Nevergreen Pools may charge the Monthly Fee and any applicable taxes, Add‑Ons, and/or Repairs to your designated payment method as described in Section 2(c).

How to Cancel. You may cancel the Services at any time by (i) calling us at 530-556-6999, (ii) emailing us at info@nvrgrn.com, or (iii) submitting a cancellation request through our online form at https://nvrgrn.com/contact-us/. To avoid being charged for the next monthly period, you must submit your cancellation request at least five (5) business days before the start of that next billing period.

Post‑Cancellation. If you cancel after the start of a billing period, Services will continue through the end of that month and you will remain responsible for the Monthly Fee for that billing period, plus any Repairs and add‑ons already performed.

Acknowledgment. By entering into the Agreement and providing your payment information, you acknowledge and agree that (1) your Services will continue until you cancel; (2) your Services include an automatic monthly renewal and recurring charges to your payment method unless you cancel; (3) you understand the cancellation policy and how to cancel; and (4) we have provided this automatic renewal and cancellation information in a manner that you can print and retain.

8. Recurring Payment Authorization. By providing a credit or debit card or other payment method in connection with the Services, you authorize Nevergreen to store that payment method with its third‑party payment processor and to charge that payment method: (i) the Monthly Fee on a recurring monthly basis; and (ii) any applicable taxes, approved Repairs, and agreed‑upon add‑ons as described in this Agreement and the Order.

If you select or are enrolled in “AutoPay” or a similar recurring payment feature, you authorize Nevergreen to continue to charge your stored payment method for recurring charges until you cancel AutoPay or this Agreement as described in Section 2(f) and Section 8. You may update your payment method or cancel AutoPay at any time by contacting us using the contact information in Section 9 or through any self‑service tools we may provide.

3. CUSTOMER RESPONSIBILITIES
   1. Access to Premises. Customer shall grant Nevergreen Pools all necessary access to the areas of Customer’s premises as may reasonably be required to perform the Services. 
   2. Customer shall be responsible for:
      1. Maintaining proper water level.
      2. Clearing access to pool area.
      3. Unlocking gate during weekly arrival window. 
      4. Removing any hazards from the pool area.
      5. Keeping dogs inside if needed during weekly arrival window.
      6. Proper filtration by running equipment to turnover the pool once a day.
      7. Having any significant pool leak(s) repaired within 90 days of discovery – additional chemical charges will apply until leak(s) repaired (additional charges dependent upon gallonage of the pool and severity of the leak). 
      8. Keeping vegetation away from the pool equipment area.
   3. Co-operation. Customer shall cooperate with, and avoid unnecessary disruption to, Nevergreen Pools’s personnel and other persons carrying out activities on or near Customer’s premises. If we arrive at your property and the gate is locked, locks changed or we are unable to access for any reason, there will be no credit given for missed service. A $49 trip charge will be added to your account if we are asked to return to the pool the same week, based on us not obtaining access. ! 

4. NEVERGREEN POOLS POLICIES.
   1. Holiday Policy. New Year’s Day, Memorial Day, 4th of July, and Labor Day – If Customer’s service day lands on one of these 4 holidays, Nevergreen Pools will provide an appropriate service the week before and after the holiday or      Nevergreen Pools will provide an abbreviated chemical only service the morning of the holiday for Customer to enjoy your pool. Thanksgiving and Christmas –      Nevergreen Pools are closed the weeks of Thanksgiving and Christmas. No weekly Services will be provided and the Customer pool will be serviced accordingly the week before and after the holiday weeks.
   2. Inclement Weather Policy. In the event of inclement weather, chemicals will be added & pool will be cleaned the following visit (this includes AQI advisories days). Please allow up to 3 weeks for full clean up after a major windstorm.

5. WARRANTIES; DISCLAIMER
   1. Nevergreen Pools warrants that any Services (including any Add-Ons and Repairs) provided by Nevergreen Pools to Customer hereunder will be performed in a timely professional and workmanlike manner in accordance with recognized industry standards, and will be performed by personnel with the requisite skills and using equipment reasonably appropriate to perform the Services. 
   2. In the event Customer identifies any failure by Nevergreen Pools to comply with the warranty set forth in Section 5(a) on delivery or during the 24-hours period following the Services, Customer shall notify Nevergreen Pools in writing, providing reasonable details of the applicable failure. As soon as reasonably practicable after receipt of such written notice, Nevergreen Pools shall, at its cost and expense, re-perform the defective Services. 
   3. ANY WARRANTIES MADE BY NEVERGREEN POOLS ARE FOR THE BENEFIT OF CUSTOMER ONLY AND NOT FOR THE BENEFIT OF ANY THIRD PARTY.  EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEVERGREEN POOLS      MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS AGREEMENT, THE SERVICES, ADD-ONS, REPAIRS, OR ANY PARTS RELATING TO THE QUALITY, SUITABILITY, OPERABILITY, CONDITION, ABSENCE OF DEFECTS, WHETHER LATENT OR PATENT.  UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, ADD-ONS, REPAIRS, OR ANY PARTS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.  

6. INDEMNITY
   1. Nevergreen Pools Indemnity. Nevergreen Pools hereby agrees to indemnify and defend Customer from and against any and all third party claims, loss, damage, liability, cost and expense (including attorneys’ fees) arising from (i)      Nevergreen Pools’s willful misconduct or grossly negligent actions or omissions, or (ii) actual or alleged death of or bodily injury to any person, damage to property resulting from the gross negligence or willful misconduct of      Nevergreen Pools; provided, however, that the indemnity hereunder shall be limited to the extent that such loss, damage, liability, cost or expense is caused by the gross negligence or willful misconduct of Customer.
   2. Customer Indemnity. Customer hereby agrees to indemnify and defend Nevergreen Pools from and against any and all third party claims, loss, damage, liability, cost and expense (including attorneys’ fees) arising from (i) Customer’s willful misconduct or grossly negligent actions or omissions, or (ii) actual or alleged death of or bodily injury to any person, damage to property resulting from the gross negligence or willful misconduct of Customer; provided, however, that the indemnity hereunder shall be limited to the extent that such loss, damage, liability, cost or expense is caused by the gross negligence or willful misconduct of Nevergreen Pools.

7. LIMITATION OF LIABILITY. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES.  IN NO EVENT SHALL      NEVERGREEN POOLS’S LIABILITY TO CUSTOMER FOR ACTUAL DIRECT DAMAGES ARISING UNDER THIS AGREEMENT EXCEED THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO      NEVERGREEN POOLS IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

8. TERM AND TERMINATION
   1. The Agreement shall commence on the date of the Order and, unless terminated earlier in accordance with the Agreement, shall continue in force, month-to-month, until either Party terminates this Agreement as provided herein.
   2. Either Party may terminate this Agreement at any time upon notice to the other Party, effective at the end of the then‑current monthly billing period, as described in Section 2(f).     

9. MISCELLANEOUS
   1. Independent Contractors. The parties shall be independent contractors in their performance under these Terms, and nothing contained in these Terms shall be deemed to cause either party to be deemed an employer, employee, agent or representative of the other party, or both parties as joint venturers or partners for any purpose.
   2. Assignment: The Agreement and the rights and obligations hereunder may not be transferred or assigned by either Party without the other Party’s written consent. Any attempted assignment or delegation without prior written consent will be null and void. The Agreement will be binding upon, and inure to the benefit of, the Parties and their permitted successors and assigns. 
   3. Notice; Severability. Any notice from one party to the other shall be in writing and either personally delivered or sent via reputable international express delivery courier or certified or registered mail, or by electronic mail, to such other party at the address specified in the Order associated with these Terms, or at such other address as such party may from time to time designate in a notice to the other party. If a court of law finds any provision of these Terms unenforceable, the parties agree to remove the offending provision and all other terms shall remain in full force and effect.
   4. Waiver. The failure of either Party to insist upon the performance of any provision of this Agreement or to exercise any right or privilege granted under this Agreement shall not be construed as waiving any such provision, and the same shall continue in force.
   5. Dispute Resolution; Arbitration; Class Action Waiver. Any dispute, claim, or controversy arising out of or relating to this Agreement, the Services, or your relationship with Nevergreen Pools, including any disputes regarding charges, service quality, or alleged breaches of this Agreement (each, a “Dispute”), will be resolved as described in the “Dispute Resolution and Arbitration; Class Action Waiver” section of Nevergreen Pools’ Website Terms of Use (the “Arbitration Provision”), which is incorporated into this Agreement by this reference.

By entering into this Agreement, you acknowledge that you have had an opportunity to review the Arbitration Provision, you understand that it requires most Disputes to be resolved by binding individual arbitration and not in court, and you agree that the Arbitration Provision applies to Disputes under this Agreement regardless of whether you entered into this Agreement online, by phone, or in person.

6. Governing Law. Except as otherwise provided in the Arbitration Provision, this Agreement shall be interpreted in accordance with, and performance hereunder governed by, the laws of the State of California     , without regard to its conflicts of laws provisions. The parties exclude in its entirety the application to each Order of the United Nations Convention on Contracts for the International Sale of Goods. Exclusive jurisdiction and venue for any litigation arising under these Terms is in the federal and state courts located in Sacramento, California and the Parties hereby consent to such jurisdiction and venue for this purpose.
7. Communications Consent. By providing a phone number or email address in connection with the Services, you agree that Nevergreen Pools may contact you at those contact points for operational and transactional purposes, such as appointment reminders, service updates, and billing notices. Where required by law for certain types of calls or text messages, we will request your separate express written consent through our online forms, service agreement flows, or other consent mechanisms. Any such consents, and your choices about marketing communications, are governed by our Privacy Policy and the consent language presented at the time you provide your phone number.

Amendment. Any waiver, modification or amendment of any provision of these Terms will be effective only if in writing and signed by both parties hereto.