Please read these terms carefully before using our services.
Last Updated: January 1, 2025
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Top Tier Pools LLC ("Top Tier Pools," "we," "us," or "our"), a Georgia limited liability company. By scheduling service, submitting a service request, or engaging Top Tier Pools in any capacity, you agree to be bound by these Terms.
These Terms are entered into electronically. In accordance with the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and the Georgia Uniform Electronic Transactions Act (Georgia UETA, O.C.G.A. § 10-12-1 et seq.), electronic acceptance — including submitting a service request form, responding to a quote via email or text, or verbally authorizing service — constitutes a valid and binding agreement.
If you do not agree to these Terms, do not schedule or use our services.
Top Tier Pools LLC provides professional swimming pool and spa maintenance, repair, installation, inspection, and related services throughout Greater Atlanta and Northwest Georgia. The specific scope of services will be agreed upon prior to the commencement of any work, either in writing, via email, or verbally with written confirmation where applicable.
Services offered include but are not limited to: weekly pool and spa maintenance, equipment repair and installation, spring de-winterization, drain and clean services, pressure cleaning, and pool inspections. Each service has its own scope as described on our website and in any applicable quote or service agreement.
We reserve the right to decline service for any lawful reason, including but not limited to unsafe conditions, unresolved past-due balances, or situations outside our scope of expertise.
Work will be performed only with the Customer's explicit authorization. Before beginning any repair or non-routine service, we will contact you with a description of the work and an estimate. Authorization may be provided verbally, via text message, or via email.
Pre-Authorization Threshold: Customers may establish a pre-approved spending threshold for minor repair items, such as pressure gauges, skimmer baskets, minor plumbing repairs, or consumable parts. The threshold amount must be agreed upon in writing and will be documented in your account. We will not exceed the pre-authorized threshold without additional approval.
Customer is responsible for ensuring our technicians have lawful access to the service area on scheduled service days. If access is denied or blocked, a trip charge may apply.
Payment for services is due upon completion of each service visit or as specified on an invoice. Invoices are typically sent electronically via email. For recurring weekly maintenance customers, invoices may be issued monthly or on another agreed schedule.
Major Repair Deposits: Any repair or project with a total estimated cost exceeding $1,000 requires a deposit of 50% of the estimated total prior to scheduling the work or ordering any required parts. The remaining balance is due upon satisfactory completion.
Accepted payment methods include cash, check, bank transfer (ACH), and major credit or debit cards. Payment processing fees may apply to card transactions as permitted by applicable law.
Invoices not paid within 30 days of the due date are considered past due. Past-due accounts may be subject to a late fee of 1.5% per month (18% annually) on the outstanding balance, or the maximum rate allowed by Georgia law, whichever is less.
Accounts that remain unpaid after 60 days may result in suspension of service without further notice. We reserve the right to resume collection activities, including referral to a collections agency or initiation of legal proceedings, for balances that remain unpaid after reasonable notice. In the event of collections or legal action, you agree to pay reasonable attorney's fees and court costs as permitted by Georgia law.
Recurring weekly maintenance customers may establish auto-pay by providing a payment method on file. By enrolling in auto-pay, you authorize Top Tier Pools to charge your payment method for the agreed recurring service amount on or after the invoice date.
If a payment is declined, we will notify you promptly and retry the payment within a reasonable period. Continued payment failures may result in service suspension. You may cancel auto-pay at any time with written notice; cancellation will take effect for the next billing cycle.
Recurring Service: Either party may cancel recurring weekly maintenance service with no less than 14 days' written notice. Notice may be provided by email to info@toptierpools.net or by text message to (470) 598-1562. Service performed during the notice period will be billed at the standard rate.
Individual Service Appointments: Cancellations of one-time or scheduled appointments should be made at least 24 hours in advance. Late cancellations (less than 24 hours' notice) or no-shows may result in a trip charge of up to $75 to cover scheduling and travel costs.
Top Tier Pools reserves the right to cancel or reschedule service due to weather conditions, equipment availability, technician illness, or other circumstances beyond our control. We will provide as much advance notice as possible in such cases and will work to reschedule at your earliest convenience.
This is a core principle of how we operate: no repair work will be performed without explicit customer consent. We will never proceed with any repair, replacement, or additional service without first notifying you and obtaining your approval, unless you have established a pre-authorization threshold as described in Section 3.
We document all customer authorizations. If a dispute arises regarding whether authorization was given, our documented records will serve as evidence of what was agreed upon.
All service visits are documented with detailed notes, including water chemistry readings, equipment status, observations, and work performed. This documentation is maintained in our service records and constitutes the property of Top Tier Pools LLC as our business records.
Customers are entitled to receive copies of their service records upon request. We believe in complete transparency and are happy to share service history, readings, and notes with any customer at any time.
Our technicians may take before and after photographs of your pool and equipment as part of our standard service documentation process. These photos are used to document the condition of your pool, support service records, and verify work completed.
By engaging our services, you consent to Top Tier Pools using service photographs for marketing, advertising, and promotional purposes, including on our website and social media channels. We will not include personally identifiable information (such as your name or address) in any public-facing marketing materials without your separate written consent.
If you prefer that photographs not be used for marketing purposes, you may opt out by notifying us in writing at any time. Your opt-out will be noted in your account and respected prospectively.
Top Tier Pools LLC performs all services with reasonable care and professional skill. However, we are not liable for pre-existing conditions, concealed defects, or issues that could not have been identified through reasonable inspection at the time of service.
Our total liability to you for any claim arising out of or related to our services shall not exceed the total amount paid by you for the specific service that gave rise to the claim. In no event shall we be liable for indirect, incidental, consequential, special, or punitive damages of any kind.
We are not responsible for damage caused by equipment failure that was not the result of our negligence, acts of nature, vandalism, or damage caused by you or third parties not under our supervision.
You agree to indemnify, defend, and hold harmless Top Tier Pools LLC and its members, managers, employees, contractors, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your failure to provide safe and lawful access to the service property; (b) unsafe conditions at the service property that were not disclosed to us prior to service; (c) your misuse of the pool or equipment following our service; or (d) your breach of these Terms.
In the event of non-payment for services rendered, Top Tier Pools LLC reserves all rights available under Georgia law, including but not limited to materialman's and contractor's lien rights as provided under O.C.G.A. § 44-14-360 et seq. Assertion of lien rights shall be in addition to, and not in lieu of, any other remedies available to us under these Terms or applicable law.
Top Tier Pools LLC may engage qualified subcontractors to perform certain services or portions of services. All subcontractors are held to the same standards of quality, professionalism, and conduct as our direct employees. Top Tier Pools remains responsible for the work performed by any subcontractor engaged on your behalf.
In the event of a dispute arising from or related to these Terms or our services, the parties agree to first attempt to resolve the dispute in good faith through direct communication. Either party may initiate this process by providing written notice of the dispute to the other party.
If good-faith negotiation does not resolve the dispute within 30 days of written notice, the dispute shall be resolved by binding arbitration conducted in the State of Georgia under the rules of the American Arbitration Association (AAA) or a mutually agreed-upon arbitrator. The arbitrator's decision shall be final and binding, and judgment may be entered upon it in any court of competent jurisdiction.
Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not as part of a class, consolidated, or representative action. You waive any right to participate in a class action against Top Tier Pools LLC.
These Terms and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law provisions. Any legal proceedings not subject to arbitration under Section 15 shall be brought exclusively in the state or federal courts located in Georgia.
We reserve the right to modify these Terms at any time. When we make changes, we will update the "Last Updated" date at the top of this page. We may also provide notice of significant changes via email or a notice on our website.
Your continued use of our services after updated Terms are posted constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you should discontinue your use of our services and notify us of the termination of your service agreement.
Questions about these Terms of Service, or communications required under these Terms, should be directed to:
Top Tier Pools LLC
Dallas, Georgia
Email: info@toptierpools.net
Phone: (470) 598-1562
Hours: Monday – Saturday, 7:00 AM – 7:00 PM