Terms of Service

These Terms of Service (“Terms”) govern your use of the Emmanuel Pools LLC website (emmanuelpools.com), the customer portal, and all pool construction, renovation, maintenance, and related services provided by Emmanuel Pools LLC (“Company,” “we,” “our,” or “us”). By accessing our website, using our customer portal, or engaging our services, you agree to be bound by these Terms and our Privacy Policy.

Emmanuel Pools LLC is a New York State licensed home improvement contractor operating throughout New York City and Long Island.

1. Licensing, Certifications & Insurance

Emmanuel Pools LLC operates under the following credentials:

• New York City Licensed Home Improvement Contractor (HIC), as required under NYC Administrative Code Title 20, Chapter 2, Subchapter 22
• Pool & Hot Tub Alliance (PHTA) Certified Builder
• General liability insurance coverage
• Workers' compensation insurance coverage
• All work performed in compliance with New York State General Business Law Article 36-A (Home Improvement Contracts)

Copies of current licenses and insurance certificates are available upon request.

2. Services

Emmanuel Pools LLC provides the following services, each subject to a signed written contract:

• New Construction: Inground, above ground, semi-inground, and container pool construction including vinyl liner, concrete/gunite, and fiberglass installations
• Renovation: Pool resurfacing, coping replacement, equipment upgrades, deck renovation, and structural repairs
• Equipment: Installation, replacement, and upgrading of pumps, filters, heaters, salt systems, auto covers, lighting, and automation systems
• Repair: Leak detection and repair, structural repairs, plumbing repairs, electrical troubleshooting
• Service: Pool opening, closing, weekly maintenance, chemical balancing, and emergency service
• Inspection: Pre-purchase pool inspections, safety inspections, and compliance reviews

3. Contracts & NY Legal Requirements

3.1 Written Contract Requirement

Per New York General Business Law Section 771, all home improvement contracts over $500 must be in writing. Every Emmanuel Pools project will include a written contract specifying:

• The scope of work to be performed
• A detailed description of materials to be used
• The agreed-upon price and payment schedule
• Estimated start and completion dates
• The contractor's license number and insurance information
• A notice of your right to cancel

3.2 Right of Rescission

Per New York General Business Law Section 772, you have the right to cancel any home improvement contract signed in your home within three (3) business days of signing without penalty. Cancellation must be provided in writing. This right does not apply to contracts signed at our office or place of business.

3.3 Digital Signatures

Contracts signed through the Emmanuel Pools customer portal using our digital signature system (powered by Zoho Sign) are legally binding under the New York Electronic Signatures and Records Act (ESRA) and the federal ESIGN Act. A signed certificate with timestamp and IP address is generated and stored for each signature.

4. Deposits, Payments & Escrow

4.1 Payment Schedules

• New Construction: Deposit upon contract signing, followed by progress payments tied to completion milestones (excavation, steel/plumbing, gunite/shell, deck/coping, startup). The specific schedule is defined in your contract.
• Renovation: 50% deposit upon contract signing, balance due upon completion
• Equipment Installation: Payment in full upon materials ordering or per contract terms
• Repair & Service: Payment due upon completion of service unless a service agreement is in place

4.2 Escrow & Trust Fund Compliance

In accordance with New York Lien Law Section 71-a, all funds received from you for home improvement work are trust funds. Emmanuel Pools maintains dedicated escrow sub-accounts through Mercury Business Banking for each project. These funds are held in trust and disbursed solely for costs directly related to your project, including materials, labor, and subcontractor payments.

You have the right to request an accounting of how your trust funds have been applied at any time during the project.

4.3 Accepted Payment Methods

We accept ACH bank transfers, checks, and major credit cards. A processing fee may apply to credit card payments as disclosed at the time of payment.

5. Change Orders

Any modifications to the original scope of work must be documented through a written change order, which will include:

• A description of the additional or modified work
• The cost impact (additional charges or credits)
• The schedule impact (timeline extension or compression)
• Customer signature acknowledging the change

Work on change order items will not begin until the change order is signed by both parties. Verbal change requests are not binding.

6. Permits & Inspections

Emmanuel Pools will obtain all necessary building permits for your project unless you specifically direct us to waive the permit process. Permit costs are included in or added to your contract price. If you direct us to waive permits:

• You acknowledge full responsibility for permit compliance
• Emmanuel Pools LLC is not liable for any violations, fines, or enforcement actions resulting from unpermitted work
• A written waiver acknowledgment is required and stored in your project file

All construction projects are subject to municipal inspections. You agree to provide reasonable access to the property for inspectors at scheduled times.

7. Warranty Terms

• Workmanship Warranty: 2-year warranty on all labor and installation performed by Emmanuel Pools, covering defects in workmanship under normal use
• Structural Warranty: 10-year warranty on pool shell structural integrity (concrete/gunite and fiberglass pools)
• Vinyl Liner: Manufacturer warranty applies (typically 20-25 year prorated). Installation workmanship covered under our 2-year warranty
• Equipment: Manufacturer warranties apply to all equipment (pumps, filters, heaters, cleaners, auto covers, etc.). We will assist with warranty claims on your behalf
• Plumbing: 5-year warranty on all underground plumbing lines installed by Emmanuel Pools

7.1 Warranty Exclusions

Warranties do not cover damage caused by:

• Improper chemical maintenance or water chemistry neglect
• Unauthorized modifications or repairs by third parties
• Acts of nature, including but not limited to freeze damage, flooding, earthquakes, or severe storms
• Normal wear and tear, including surface staining from minerals or organic matter
• Failure to winterize or properly close the pool

8. Capital Improvement & Sales Tax

Pool installation is generally classified as a capital improvement to real property under New York State tax law. Capital improvements are exempt from New York State and local sales tax when you provide a properly completed Form ST-124 (Certificate of Capital Improvement). Emmanuel Pools will provide Form ST-124 for eligible projects. Tax exemption applies to labor and materials that become a permanent part of the property.

Equipment-only purchases, repair parts, chemicals, and accessories that are not permanently installed may be subject to applicable sales tax.

9. Subcontractors

Emmanuel Pools may engage licensed subcontractors for specialized work including but not limited to electrical, gas line, fencing, and landscaping. All subcontractors are:

• Licensed and insured as required by applicable law
• Subject to our quality standards and supervision
• Covered under lien waiver requirements upon payment

Emmanuel Pools remains the general contractor and primary point of contact for all project-related matters.

10. Limitation of Liability

Emmanuel Pools LLC's total liability for any claim arising out of or related to our services shall not exceed the total contract value for the specific project in question. We are not liable for:

• Indirect, incidental, consequential, or punitive damages
• Lost profits, lost revenue, or loss of use
• Delays caused by weather, material shortages, permit processing, utility companies, or other factors outside our reasonable control
• Pre-existing conditions of the property not disclosed or not reasonably discoverable during site evaluation
• Damage to underground utilities not marked by the utility company or not disclosed by the property owner

11. Dispute Resolution

In the event of a dispute arising from our services:

• Step 1: The parties will attempt to resolve the dispute through direct communication within 30 days
• Step 2: If unresolved, the parties agree to non-binding mediation through a mutually agreed mediator in New York
• Step 3: If mediation is unsuccessful, either party may pursue legal remedies in the courts of the State of New York

This agreement is governed by the laws of the State of New York. Nothing in these Terms limits your rights under the New York Home Improvement Contractor Law or other applicable consumer protection statutes.

12. Cancellation Policy

• Before work begins: Full refund of deposit minus any costs already incurred for permits, engineering, or custom-ordered materials
• After work begins: Refund of deposit less the fair value of work completed and materials procured. An itemized accounting will be provided.
• Custom-ordered materials: Materials ordered specifically for your project (custom liners, fiberglass shells, auto cover mechanisms, specialty equipment) are non-refundable once ordered from the manufacturer

All cancellations must be submitted in writing. The three-day right of rescission described in Section 3.2 supersedes this cancellation policy where applicable.

13. Customer Portal & Digital Services

The Emmanuel Pools customer portal provides:

• Real-time project status and milestone tracking
• Digital proposal review and electronic signature
• Invoice viewing and payment processing
• Project documents, drawings, and photo galleries
• Service request submission
• Communication with your project manager

Portal access is secured with PIN-based authentication and optional two-factor authentication (2FA). You are responsible for maintaining the confidentiality of your portal credentials. Notify us immediately if you suspect unauthorized access.

14. Intellectual Property

All custom pool designs, drawings, 3D renderings, proposals, and project documents created by Emmanuel Pools are our intellectual property and may not be reproduced, distributed, or used by third parties without our written consent. Project photographs may be used by Emmanuel Pools for marketing and portfolio purposes unless you opt out in writing.

15. Force Majeure

Emmanuel Pools shall not be liable for delays or failure to perform due to circumstances beyond our reasonable control, including but not limited to severe weather, natural disasters, pandemics, government orders, material shortages, supply chain disruptions, or labor disputes. In such events, project timelines will be extended by the duration of the delay.

16. Modifications to Terms

We reserve the right to update these Terms of Service. Changes take effect upon posting to our website. Your continued use of our website or services after changes are posted constitutes acceptance. We will make reasonable efforts to notify active customers of material changes.

17. Contact Us

For questions about these Terms of Service:

• Phone: (631) 623-7992
• Email: info@emmanuelpools.com
• Address: Emmanuel Pools LLC, New York, NY

Last Updated: March 2026