Terms and Conditions

Effective Date: December 27, 2024

Revised Date: March 6, 2026

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These Terms and Conditions govern the use of https://www.serenitypoolsandlandscaping.com (the "Site") and the purchase of products or services from Serenity Pools and Landscaping.

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The Site is owned and operated by Mike "C" Clavet Enterprises Inc, operating as Serenity Pools and Landscaping. This Site represents a pool and landscaping contractor.

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By using this Site or purchasing our products or services, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

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THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.

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AGREEMENT TO TERMS

By purchasing products or services from Serenity Pools and Landscaping ("Company", "we", "our", or "us"), the customer ("you", "your") agrees to be bound by these Terms and Conditions.

If you do not agree with these Terms and Conditions, you must not use this Site or purchase our services.

 

​INTELLECTUAL PROPERTY

All content published and made available on our Site is the property of Serenity Pools and Landscaping: Mike "C" Clavet Enterprises Inc. and the Site's creators.  This includes but is not limited to images, text, graphics, logos, documents, downloadable files, designs, and anything that contributes to the composition of our Site.  No content from this Site may be copied, reproduced, distributed, or used without written permission.

 

​ACCEPTABLE USE

As a user of our Site, you agree to use our Site legally and not to use our Site for illegal purposes.

You agree not to:

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• Violate the intellectual property rights of the Site owners or any third party
• Hack into the account of another user of the Site
• Act in any way that could be considered fraudulent
• Post any material that may be deemed inappropriate or offensive

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If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend, or terminate your access to our Site and take any legal steps necessary.

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SALES POLICY – ALL SALES ARE FINAL

All sales are final. No refunds, returns, or exchanges will be accepted once a purchase has been completed unless otherwise required by law. Deposits are non-refundable unless otherwise stated in writing by an authorized representative of Serenity Pools and Landscaping. Any custom or special-order items, including but not limited to pools, landscaping materials, and design services, are non-cancellable and non-refundable once ordered.

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PAYMENT TERMS

Payment for all products and services must be made in full before delivery or installation unless otherwise agreed upon in writing.

Serenity Pools and Landscaping reserves the right to charge late fees on unpaid balances at a rate of 2% per month (24% per annum).  Payment structures vary depending on service type. Flat-Rate Services: Certain services, such as pool openings, are charged at a predetermined flat rate which includes the labor and materials described in the service. Hourly Services and 
other services, including equipment servicing or diagnostic visits, are billed hourly with a minimum charge of one hour per visit, per technician, at a rate of $65 per hour per person unless otherwise stated.

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THIRD-PARTY GOODS AND SERVICES

Our Site or services may reference or provide access to goods and services from third parties. We do not guarantee the quality, accuracy, or performance of goods or services provided by third parties and are not responsible for their products or actions.

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LINKS TO OTHER WEBSITES

Our Site may contain links to third-party websites or services that we do not own or control.  We are not responsible for the content, policies, or practices of any third-party websites.  Users should review the terms and privacy policies of those websites before using them.

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WARRANTY AND LIABILITY LIMITATIONS

Serenity Pools and Landscaping does not provide warranties for products that were not sold directly by us.  Any warranty claims related to third-party products must be handled through the manufacturer or supplier.  We are not responsible for defects, failures, or warranty claims outside the scope of products and services directly provided by us.

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LIABILITY LIMITATION

To the fullest extent permitted by law, Serenity Pools and Landscaping: Mike "C" Clavet Enterprises Inc. and its directors, officers, agents, employees, subsidiaries, and affiliates shall not be liable for any indirect, incidental, consequential, or punitive damages arising from the use of our Site or the purchase or use of our products or services. Our total liability shall never exceed the amount paid for the specific product or service in question.

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SUBCONTRACTORS

Serenity Pools and Landscaping may engage qualified subcontractors or independent contractors to perform certain portions of work or services. By purchasing services from Serenity Pools and Landscaping, you acknowledge and agree that subcontractors may be utilized as part of the project or service delivery. Serenity Pools and Landscaping remains responsible for coordinating the overall scope of work but shall not be liable for delays, scheduling conflicts, or performance issues caused by subcontractors that are beyond our reasonable control. Subcontractors operate as independent service providers and may perform work according to their own scheduling, operational practices, and insurance coverage.

 

​VIP POOL CARE MEMBERSHIP TERMS

Serenity VIP Pool Care is a seasonal membership program designed to provide homeowners with convenient and professional pool maintenance throughout the swimming season.  VIP Pool Care Members receive priority scheduling and preferred access to service appointments throughout the season, ensuring their pool remains a priority in our service calendar.  VIP memberships are limited each season to maintain service quality and scheduling priority.

 

VIP Pool Care Membership plans run May through October (6 months) and are billed monthly unless paid in full for the season. Seasonal plans paid in full are non-refundable.

Service frequency is based on the selected plan and includes:

• One (1) visit per week
• One (1) visit every two (2) weeks
• One (1) visit per month

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VIP plans include only the scheduled visits associated with the selected plan. Additional visits requested outside the scheduled service frequency will be billed at standard service rates.  VIP membership includes maintenance visits only and does not include emergency service, repair services, or equipment diagnostics. These services are billed separately at standard service rates.

Service visits may occasionally be rescheduled due to weather conditions, unsafe working environments, scheduling logistics, or operational requirements. When this occurs, service will be completed as soon as reasonably possible.

 

If a VIP plan is cancelled early or payments are not kept current, Serenity Pools and Landscaping reserves the right to revert completed services to standard non-VIP service rates and bill the difference. Professional-grade chemicals required for water testing and balancing are billed separately at retail cost.  Pool water chemistry and clarity can be affected by weather, debris, equipment condition, bather load, and other environmental factors beyond the control of Serenity Pools and Landscaping. While professional testing and water balancing are performed during scheduled service visits, Serenity Pools and Landscaping does not guarantee continuous water clarity or chemical balance between visits.  Algae growth and rapid changes in water conditions may occur due to weather events, heavy rainfall, elevated temperatures, equipment issues, debris, or bather load. Any additional treatments, chemicals, or service visits required to correct these conditions will be billed at standard service rates.  All prices exclude HST.

 

​DISPUTE RESOLUTION

These Terms and Conditions are governed by the laws of the Province of New Brunswick, Canada.  If a dispute arises between you and Serenity Pools and Landscaping and cannot be resolved through informal discussion, both parties agree to submit the dispute to mediation.  The mediator must be a neutral party acceptable to both parties.  The decision of the mediator will not be binding.

Notwithstanding the above, both parties retain the right to bring an action in small claims court or pursue legal action for intellectual property infringement or injunctive relief.

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SEVERABILITY

If any provision in these Terms and Conditions is found to be invalid or unenforceable under applicable law, that provision will be removed. All remaining provisions will remain valid and enforceable.

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CHANGES TO TERMS

Serenity Pools and Landscaping reserves the right to modify these Terms and Conditions at any time. Changes may be posted on this Site or communicated through email where appropriate. Continued use of our Site or services constitutes acceptance of the updated Terms.

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CONTACT INFORMATION
Mike "C" Clavet Enterprises Inc. Operating as Serenity Pools and Landscaping

600 Pine Glen Road
Pine Glen, NB E1J 1S1

Phone: (506) 830-2288