Builder Aggrement – PoolPlans

PoolPlans Builder Program Agreement

This Builder Program Agreement ("Agreement") is entered into by and between PoolPlans LLC ("Company"), a limited liability company, and the undersigned party ("Builder").

1. Introduction & Purpose

The PoolPlans Builder Program ("Program") is a strategic partnership designed to provide the Builder with access to the Company's proprietary database of construction-ready pool plans and other services. This Agreement outlines the terms and conditions of the Builder's participation in the Program.

2. Scope of Services

The Company agrees to provide the Builder with the following services for the duration of this Agreement:

  • A. Plan Database Access: The Builder will receive one license to access and utilize the Company's full library of professionally designed pool plans ("Plan Database"). Each plan includes a front sheet, construction plan, markup plan, blank plan, dig plan for freeform shapes, and 3D renderings for the purpose of marketing to and servicing their residential customers.
  • B. Website Integration: The Company will provide a white-labeled embed version of the Plan Database, which will be presented under the Builder's brand, with their logo and contact information, for seamless integration into the Builder's existing website. This creates a professional and cohesive experience for the Builder's customers, allowing them to browse and select plans directly from the Builder's web presence. The Company will provide technical support to facilitate this integration. If the Builder selects a service tier that includes website integration, and the Builder’s website is incapable of hosting the embedded plan database, the Company agrees to work with the Builder to solve the problem if possible, and it not, the Company agrees to allow the service tier selected for this agreement by the Builder to be changed to the service tier without website integration.
  • C. Turn-Key Website Solutions (Optional): Should the Builder require a new or upgraded website, the Company offers turn-key professional website design services. These modern, mobile-responsive websites are designed to convert visitors into leads and come with the Plan Database pre-integrated. Terms, scope, and costs for this optional service will be outlined in a separate addendum.
  • D. Plan Downloads and Purchases: Depending on the subscription tier the Builder subscribes to, a certain number of plan downloads will be included with their plan at no additional cost. Each additional plan downloaded beyond the included amount will be available for purchase at a discounted rate for a limited number of downloads, and thereafter available at the current consumer price.

3. Fees & Payment Terms

  • A. Monthly Subscription Fee: The Builder agrees to pay a recurring monthly subscription fee based on the selected service tier. The first payment is due upon the execution of this Agreement, and subsequent payments are billed automatically the same day of each following month. The Company reserves the right to modify the monthly fee with at least sixty (60) days prior written notice to the Builder.
  • B. One-Time Setup Fee: If the Builder selects a tier of service that includes a plan database website embed, the Builder agrees to pay a one-time, non-refundable setup fee of $250.00 USD for the initial technical work required to integrate the Plan Database into their website. This fee is due upon the execution of this Agreement.
  • C. Payment Method: All payments shall be made via credit card or ACH transfer (if available) through the Company's designated online payment portal. The Builder agrees to maintain a valid payment method on file for the duration of the Agreement. Failure to make a timely payment may result in a temporary suspension of services. A late fee of 5% per month may be applied to any outstanding balance.

4. Term & Termination

  • A. Term: This Agreement shall commence on the date of execution and will be for an initial term of one (1) year. The Agreement will automatically renew for subsequent one-year periods unless either party provides written notice of non-renewal at least thirty (30) days prior to the end of the current term.
  • B. Termination for Cause: Either party may terminate this Agreement immediately if the other party is in material breach of any term (including non-payment) and fails to cure such breach within ten (10) business days of receiving written notice of the breach. No refund for fees already paid will be issued in the event of termination for cause.
  • C. Termination without Cause: Either party may terminate this Agreement without cause with thirty (30) days written notice to the other party. If the agreement is terminated by the Builder and the termination date occurs at any time other than the first or last day of a service month, the Builder will be responsible for the full month’s service fee. Fees owed under this circumstance will not be pro-rated.
  • D. Effect of Termination: Upon termination of this Agreement for any reason, the Builder's license to the Plan Database and all related services is immediately revoked. The Builder must cease all use of the plans and remove the integrated database from their website within five (5) business days.

5. Intellectual Property

  • A. Ownership: The Builder acknowledges that the Plan Database, all individual pool plans, website designs, analytics data, and all software provided by the Company are the exclusive intellectual property of PoolPlans LLC. The Builder agrees not to copy, sell, distribute, reverse-engineer, or decompile any of the Company's intellectual property.
  • B. Termination for Cause: The Company grants the Builder a non-exclusive, non-transferable, revocable license to use the intellectual property described herein for the sole purpose of conducting their business and servicing their direct residential customers during the term of this Agreement.Each plan downloaded or purchased is licensed for a single construction project at a single address. The reuse of a plan for multiple, separate jobs is strictly prohibited. Use of the plans for commercial projects, sub-licensing, or resale is also strictly prohibited and will be considered a material breach of this Agreement.

6. Confidentiality

Both parties agree to keep confidential all non-public information obtained about the other party's business. "Confidential Information" includes, but is not to, customer data, financial information, proprietary processes, analytics data provided by the Company, and the specific terms of this Agreement. This obligation of confidentiality shall survive the termination of this Agreement.

7. Disclaimers and Warranties

  • A. No Guarantee of Results: The Builder acknowledges that the Program and its tools are provided to enhance the Builder's sales and marketing efforts. The Company does not warrant or guarantee any specific business outcomes, number of leads, or volume of sales as a result of participation in the Program. The Builder's success is dependent on its own efforts, sales skills, and business practices.
  • B. Builder's Responsibility: The Builder is solely responsible for all aspects of its business operations, including but not limited to the quality of its construction work, customer service, pricing, and compliance with all local, state, and federal laws, building codes, and permitting requirements. The Company provides design plans but is not a party to any construction contract between the Builder and its customers.
  • C. "As Is" Service: All services, including the Plan Database and any website hosting, are provided on an "as is" and "as available" basis. The Company does not warrant that the services will be uninterrupted or error-free. Although reasonable efforts will be made to ensure services are available at all times for the duration of the service term.
  • D. Plan Specifications and Limitations: : The Builder acknowledges that the plans provided by the Company are for design and layout purposes. The plans do not include plumbing or electrical schematics. Furthermore, the plans do not include specifications for structural engineering components such as rebar, gunite, or shotcrete design, thickness, or size, as these requirements vary significantly based on local soil conditions, climate, and building codes. It is the sole responsibility of the Builder to ensure that all aspects of the construction, including but not limited to plumbing, electrical, and structural components, comply with all applicable local and state regulations and are engineered appropriately for the specific geographical area.
  • E. Changes: The Company reserves the right to change, modify, or update any of the terms or conditions referenced in this agreement at any time. Notice of any changes will be provided to the Builder via e-mail at the address provided by the Builder.

8. Limitation of Liability

In no event shall the Company be liable for any lost profits or indirect, consequential, or punitive damages arising out of this Agreement. The Company's total liability for any claim arising out of this Agreement shall not exceed the total fees paid by the Builder to the Company in the six (6) months immediately preceding the claim.

9. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas.

10. Notice

Notice to PoolPlans will be accepted at the email address below:

admin@poolplans.com

Notice to the Builder will be accepted at the email address provided to the Company when the agreement was entered into.

11. Acceptance

By accepting this agreement: Builder agrees to abide by the terms of this agreement and acknowledges receipt and acceptance of the terms and conditions related to this service agreement and the disclaimers, limitations and the conditions set forth for the use of any plans or services provided by the Company as referenced in the agreement or on the Company’s website, poolplans.com