The following terms govern all website use, online content, and services provided by DHS Systems Inc.

ONLINE CONTENT, WEBSITE USE & PUBLIC INFORMATION

The DHS Systems Inc. website, blog posts, articles, technical notes, guides, videos, downloads, diagrams, photographs, emails, newsletters, marketing materials, social media posts, comments, messages, AI-generated content, and any other publicly distributed material (collectively, the “Content”) are provided for general informational and educational purposes only.

The Content does not constitute professional advice, engineering advice, safety instruction, installation instruction, code compliance confirmation, inspection certification, or a substitute for an on-site assessment performed by a qualified professional.

All building systems, mechanical systems, fuel systems, pool systems, environmental conditions, and installations vary significantly. Information presented may be incomplete, simplified, outdated, generalized, or not applicable to a particular property or situation.

No person should rely on the Content as a basis for performing work, repairs, adjustments, installation, troubleshooting, operation, or maintenance of equipment.

Any work involving gas, combustion, venting, electrical, plumbing, pressure systems, heating equipment, or pool and spa systems may be hazardous and may require licensed or qualified professionals. The reader assumes all risk for any action taken based on the Content.

DHS expressly advises that repairs, installations, adjustments, or modifications should only be performed by properly licensed or qualified tradespersons in accordance with applicable laws, codes, regulations, manufacturer instructions, and safety practices.

DHS makes no representation or warranty that the Content is accurate, complete, current, suitable, or safe for any specific application.

DHS shall not be liable for any damage, loss, injury, death, equipment failure, property damage, code violation, or consequential damages arising from or related to reliance on, interpretation of, or use of the Content.

Communications made through the website, email, forms, messaging systems, comments, or social media do not create a service relationship, professional duty, inspection obligation, or advisory responsibility.

Any responses provided by DHS electronically or publicly are general guidance only and are not specific diagnostic advice.

The Content may include opinions, examples, or hypothetical scenarios that do not reflect actual site conditions. The absence of warnings in any Content does not indicate safety.

DHS reserves the right to modify, remove, or update Content at any time without notice and makes no obligation to maintain or update previously published information.

Intellectual Property

All text, images, video, graphics, branding, layouts, documents, and media are the property of DHS Systems Inc. and may not be copied, reproduced, republished, distributed, modified, or used without written permission.

User Conduct

Users agree not to rely on the Content for performing regulated or hazardous work and agree not to represent DHS as providing site-specific advice without written authorization.

External Links

Any links to external websites are provided for convenience only. DHS is not responsible for the content, accuracy, or safety of third-party information.

Acceptance

Use of the website or viewing of any Content constitutes acknowledgment and acceptance of these terms.

DHS SYSTEMS INC. – TERMS AND CONDITIONS

1. ACCEPTANCE OF TERMS

By requesting, authorizing, scheduling, or permitting DHS Systems Inc. (“DHS”) to perform any service, inspection, repair, installation, consultation, or related work, the customer agrees to be bound by these Terms and Conditions. Acceptance may be verbal, written, electronic, by payment, or implied by allowing work to commence. Engagement of DHS services constitutes full and unconditional acceptance of these Terms and Conditions.

2. DHS DEPOSIT AND CHARGE TERMS

The customer agrees to the following payment policies:

·      A valid Visa or Mastercard must be provided prior to scheduling any job or service call.

·      DHS reserves the right to pre-authorize and/or process authorized payment on any installation, repair, diagnostic, or service call prior to commencing work, during work, or upon completion of work.

·      DHS will use commercially reasonable efforts to advise the client when a pre-authorized payment will be processed prior to job completion; however, the customer acknowledges that authorized payments may be processed as required in accordance with these Terms.

·      All special order and/or custom parts must be paid in full prior to ordering.

·      Deposits may be required at the sole discretion of DHS prior to scheduling work.

·      Final payment is due immediately upon completion of work unless otherwise agreed in writing.

·      Any declined credit card, payment reversal, chargeback, or unpaid balance may result in additional fees, interest charges, and collection costs, including reasonable administrative and legal recovery costs.

Failure to provide valid payment information or failure of payment authorization may result in cancellation or delay of scheduled services.

Chargebacks / Payment Disputes

Initiating a credit card chargeback, payment reversal, or withholding payment without first providing DHS written notice and a reasonable opportunity to respond and resolve the concern constitutes breach of these Terms and Conditions. The customer agrees to be responsible for administrative, collection, and legal recovery costs incurred by DHS in connection with non-payment or payment disputes.

Large Projects and Multi-Day Installations (Progress Billing)
For installations, construction projects, or work requiring multiple visits (“Project Work”), payment shall be made on a progress billing schedule as follows:

•       50% deposit — due upon acceptance to confirm scheduling and order materials

•       25% — due upon completion of Phase 1

•       10% — due upon completion of Phase 2

•       10% — due upon completion of Phase 3 (final commissioning/start-up)

•       5% — due at the commencement of Phase 4, consisting of a 30-day operational function test period.

DHS will not proceed to any subsequent phase until the required progress payment has been received.

Invoices are due upon issuance unless otherwise stated in writing.

If payment remains outstanding for 45 days, a payment reminder may be issued.

If payment remains unpaid after 60 days, DHS may, at its sole discretion, suspend work until payment is received and/or terminate the project for non-payment, cancel remaining work, and remove scheduling commitments. The customer agrees that suspension or termination for non-payment shall not constitute abandonment or breach of contract by DHS. All completed work and incurred costs remain payable.

Right to Register Lien

Where permitted by applicable legislation, DHS reserves the right to preserve and register a construction lien against the property for unpaid services, labour, or materials supplied. DHS will make commercially reasonable efforts to notify the customer prior to taking such action.

3. SCOPE OF WORK

All work performed will be limited strictly to the services specifically described on the estimate, work order, or invoice. Any additional services, repairs, or materials required beyond the original scope will be subject to additional charges and must be approved by the customer prior to proceeding.

Design, Engineering & Specification Responsibility

Where drawings, plans, specifications, calculations, layouts, equipment selections, or engineering details are provided by the customer, builder, consultant, manufacturer, or any third party, DHS acts solely as the installing or servicing contractor. DHS does not provide engineering or design services unless expressly stated in writing.

DHS assumes no responsibility for the accuracy, adequacy, code compliance, performance, sizing, capacity, or suitability of designs, calculations, specifications, or instructions prepared by others. DHS may rely on such information as provided and shall not be responsible for deficiencies, failures, or performance issues resulting from those designs or instructions.

Any modifications recommended by DHS are advisory only and do not transfer design responsibility to DHS unless DHS expressly agrees in writing to assume engineering responsibility. Performance of work in accordance with third-party plans, specifications, or instructions shall not transfer design or engineering responsibility to DHS.

Client or Contractor Supplied Equipment

Where equipment or materials are supplied by the customer or third parties, DHS provides workmanship only for the installation performed. DHS does not warrant, guarantee, or assume responsibility for performance, compatibility, defects, or lifespan of customer-supplied equipment. Any return visits or troubleshooting related to such equipment are billable.

4. CHANGE ORDERS AND DIGITAL AUTHORIZATION

Work beyond the original approved scope requires a written digital Change Order authorization through the DHS approval system before work will proceed.

The customer acknowledges that:

• Only digitally approved Change Orders authorize additional billable work
• Failure to approve required corrective work may prevent completion or proper operation
• DHS is not responsible for incomplete performance where recommended Change Order work is declined

In situations involving immediate safety or damage risk, DHS may perform minimal corrective work without prior approval to make the system safe, and the customer agrees such work is chargeable.

Approved Change Orders form part of this agreement and are governed by these Terms and Conditions.

5. ESTIMATES AND PRICING

Estimates are provided based on visible conditions at the time of inspection. Final costs may vary due to unforeseen conditions, additional labor, materials, or complications discovered after work begins. Estimates are valid for 30 days unless otherwise stated.

DHS is not responsible for hidden, latent, or pre-existing conditions that are not reasonably detectable prior to beginning work. Any such conditions discovered may require additional repairs or services at the customer’s expense.

DHS is not responsible for delays caused by backorders, discontinued products, shipping delays, freight carriers, customs, or supplier availability. Project timelines are estimates only and may change without penalty.

6. ACCESS TO PROPERTY AND SITE CONDITIONS

The customer is responsible for providing safe, unobstructed access to the work area. DHS is not responsible for delays, additional costs, or inability to complete work due to restricted access, unsafe conditions, pets, weather, or inaccurate information provided by the customer.

Parking & Site Readiness

The customer must provide reasonable access and parking. Any costs from restricted access, paid parking, towing risk, wait time, or inability to safely transport equipment may be charged to the customer.

7. CUSTOMER RESPONSIBILITIES

The customer is responsible for:

•       Providing accurate information regarding equipment history and prior repairs

•       Ensuring equipment is accessible and safe to work on

•       Maintaining proper operation and maintenance of all systems after DHS services are completed

•       Ensuring that any third parties operating or servicing equipment do so properly and in accordance with manufacturer guidelines

Seasonal Scheduling & Freeze Risk

Failure to authorize recommended work, delayed scheduling, or denial of access may increase risk of damage. DHS is not responsible for resulting equipment or freeze damage, including consequential damage, where service was recommended but declined or delayed or access was not provided.

8. WORKPLACE RESPECT, SAFETY & NON-DISCRIMINATION

DHS is committed to providing a professional and respectful work environment for its employees, contractors, and representatives.

The customer agrees to ensure that the job site, including the property, occupants, guests, tenants, staff, contractors, and any third parties present, maintains a safe and respectful environment free from harassment, intimidation, discrimination, or hostility.

Prohibited conduct includes, but is not limited to:

•       Racism or racial remarks

•       Sexism or sexual harassment

•       Discriminatory comments or behavior based on gender, identity, religion, ethnicity, nationality, disability, or orientation

•       Threats, aggressive behavior, or verbal abuse

•       Unsafe or hostile working conditions created by occupants or other parties on site

If DHS personnel determine, in their sole discretion, that a work environment is unsafe, hostile, discriminatory, or abusive, DHS may immediately suspend or terminate services and leave the site.

In such cases:

•       Service charges incurred up to the time of departure remain payable

•       Trip charges and diagnostic time will apply

•       The contract shall not be considered breached by DHSDHS may refuse future service

The customer is responsible for communicating this requirement to all parties present at the property.

9. MECHANICAL SYSTEM CONDITION & SERVICE RISK DISCLOSURE

The customer acknowledges that pool, spa, heating, gas, electrical, plumbing, and mechanical systems are complex assemblies subject to age, wear, corrosion, prior workmanship, environmental exposure, and maintenance history beyond the control of DHS. The customer further acknowledges that DHS is interacting with an existing system and not providing restoration to “like-new” condition unless expressly agreed in writing.

DHS services, diagnostics, testing, adjustments, pressurization, or equipment start-up may reveal or trigger pre-existing failures that were not previously observable. The occurrence of a failure during or after service does not indicate that the failure was caused by DHS, and failure occurring after service shall not be presumed to have been caused by DHS solely because service was recently performed.

Without limitation, the customer specifically acknowledges:

•       Equipment may fail during inspection, testing, or start-up

•       Restarting seasonal or dormant equipment may expose hidden defects

•       Heating or pressurizing systems may cause leaks to appear

•       Components weakened by corrosion, scale, age, freezing, or chemical damage may fail during normal operation

•       Previously improper installation, design, sizing, venting, gas supply, wiring, or plumbing may prevent proper operation

DHS makes no representation or guarantee that a system can be restored to proper or continuous operation where underlying defects, age, corrosion, or design limitations exist.
DHS is not the designer, engineer, manufacturer, or original installer unless expressly stated in writing. DHS is not responsible for deficiencies in system design, equipment sizing, ventilation, combustion air, gas supply, electrical supply, plumbing layout, hydraulic design, or prior workmanship.

Diagnostic service identifies observable conditions only. Hidden or intermittent faults may exist.
The customer authorizes DHS to stop work if unsafe, non-compliant, or hazardous conditions are discovered. Corrective work may require additional authorization.

No service, inspection, adjustment, recommendation, estimate, or communication constitutes certification that the system is safe, code compliant, or free from defect.

Initiating a payment dispute or chargeback without providing DHS a reasonable written opportunity to respond and resolve the concern constitutes breach of agreement, and the customer agrees to be responsible for administrative, collection, and legal recovery costs.

Repair vs. Replacement Expectations

The customer acknowledges that service, repair, or adjustment of existing equipment restores operation only to the extent reasonably possible considering the equipment’s age, condition, and prior use.

Repair does not renew, re-manufacture, certify, or upgrade equipment to like-new performance, reliability, efficiency, or lifespan, and no guarantee of continued operation is expressed or implied.
Older, obsolete, scaled, corroded, or previously repaired equipment may operate intermittently, inefficiently, or fail without warning after service, and such failure shall not be interpreted as being caused by DHS.

Recommendations to replace or upgrade equipment are professional opinions based on observed condition and expected reliability. Declining recommended replacement or upgrades constitutes acceptance of the ongoing risk of failure by the customer.

System Performance & Environmental Limitation

DHS does not guarantee system performance where operation depends on external or site-specific factors outside its control, including but not limited to equipment sizing, environmental heat loss, wind exposure, evaporation, pool/spa covers or enclosures, building conditions, gas supply, electrical supply, hydraulic design, manufacturer limitations, or user operation.

Any performance estimates or heating expectations are informational only and not a guarantee. Failure to meet performance expectations shall not be considered defective workmanship.

Reliance on Third-Party Design

Where system configuration, equipment selection, venting, gas sizing, hydraulic layout, or control strategy is determined by plans, specifications, manufacturer instructions, consultants, or other parties, DHS relies on such information as provided and does not assume responsibility for design adequacy or engineering performance.

Installation or service performed in accordance with those instructions shall not transfer design or engineering responsibility to DHS.

10. WATER, GAS, FREEZE & PROPERTY DAMAGE LIMITATIONS
The customer acknowledges that water-bearing, gas-fired, and pressurized systems inherently carry risk of leakage, flooding, freeze damage, combustion failure, or component failure beyond the control of DHS. The customer further acknowledges that operation, testing, heating, and pressurization necessary for diagnosis and service may expose pre-existing defects.

DHS is not responsible for damages occurring after completion of service including but not limited to

•       Water leaks or flooding

•       Underground or concealed plumbing failure

•       Freeze damage

•       Loss of pool water

•       Gas supply interruption or pressure fluctuation

•       Regulator or utility supply issues

•       Structural settling or vibration related damage

•       Failure of aged or deteriorated components

•       Damage caused by delayed repair authorization

The customer is responsible for maintaining heat, circulation, winterization, and monitoring of the system after service completion.

Scheduling delays, denied access, postponed recommended repairs, or delayed authorization may increase risk of damage and remain the responsibility of the customer.

DHS is not responsible for property damage resulting from manufacturer defects, prior installation deficiencies, or equipment operating outside manufacturer specifications.

Parts, materials, and equipment supplied or installed remain the property of DHS until paid in full.
The customer agrees DHS is not responsible for freeze damage or consequential damage where service was recommended but declined or delayed.

11. POOL HEATER AND FIRE FEATURE TESTING – RELEASE OF LIABILITY AND INDEMNITY

The customer acknowledges and agrees to the following:

•       DHS is responsible only for the condition and operation of equipment at the time of service completion.

•       DHS is not responsible for the operation, testing, use, monitoring, or maintenance of pool heaters, fire features, or related equipment after the time of service completion.

•       The customer, pool maintenance company, property maintenance companies, service providers, and any person or company inspecting, testing, operating, or maintaining the equipment are solely responsible for checking, testing, and servicing the unit strictly in accordance with the manufacturer’s published daily, weekly, monthly, and annual service instructions and operational guidelines.

•       The homeowner/customer accepts full responsibility for ensuring that all parties who operate, test, maintain, or inspect the equipment—including but not limited to pool service companies, maintenance contractors, property managers, and any third parties—are properly licensed, qualified, trained, and fully instructed in the correct operation and maintenance of the equipment.

•       The customer agrees to indemnify, defend, and hold harmless DHS, its employees, agents, and contractors from any and all claims, damages, losses, liabilities, or expenses arising from or related to:

o   Improper testing or inspection of the equipment

o   Improper operation or maintenance

o   Failure to follow manufacturer instructions

o   Incorrect water chemistry

o   Unauthorized adjustments or repairs

o   Neglect, misuse, or improper handling

o   Actions or omissions of any third party

DHS shall not be liable for any malfunction, damage, loss, or failure that occurs after service completion as a result of improper use, testing, maintenance, or operation by the homeowner or any third party.

Once DHS has completed service and verified proper operation at the time of completion, all future responsibility for correct operation, testing, maintenance, and monitoring rests solely with the homeowner and/or their chosen service providers. This indemnity survives completion of work and payment.

12. WATER CHEMISTRY RESPONSIBILITY

The customer expressly acknowledges and agrees that:

•       Proper pool and spa water chemistry is essential to the safe and effective operation of pool heaters, fire features, pumps, plumbing, and related equipment.

•       DHS is not responsible for monitoring, testing, adjusting, or maintaining water chemistry before, during, or after any service performed.

•       The homeowner and/or their pool maintenance provider are solely responsible for ensuring that water chemistry is maintained at all times within the manufacturer’s recommended specifications.

•       Damage, corrosion, failure, or malfunction of any equipment caused in whole or in part by improper water chemistry—including but not limited to incorrect pH, alkalinity, sanitizer levels, calcium hardness, salt levels, or chemical imbalance—is expressly excluded from any warranty, guarantee, or liability of DHS.

•       The customer agrees to indemnify and hold harmless DHS from any claims, damages, or losses resulting from improper water chemistry or chemical imbalance.

13. WARRANTY

Labor and materials are warranted only as specifically stated on the invoice or work order. No other warranty is provided unless expressly stated in writing by DHS.

Manufacturer warranties apply to parts and equipment where applicable.

Warranty does not cover damage or failure caused by:

•       Improper water chemistry

•       Lack of maintenance

•       Neglect or misuse

•       Freezing, weather, or acts of nature

•       Improper operation or testing by others

•       Repairs or modifications performed by anyone other than DHS

Improper operation, adjustment, or servicing by any party after completion voids workmanship warranty. Warranty applies only to defects directly resulting from DHS workmanship and not to performance expectations, design limitations, environmental conditions, or component aging.

14. LIMITATION OF LIABILITY

To the fullest extent permitted by law:

•       DHS shall not be liable for any indirect, incidental, special, or consequential damages including but not limited to water loss, property damage, loss of use, or loss of enjoyment.

•       DHS total liability shall be limited to the amount paid for the specific services performed.

•       DHS is not responsible for existing defects, aging equipment, or failures unrelated to the specific work performed.

The customer acknowledges that this limitation of liability is a fundamental term of this agreement and applies to all claims, whether in contract, tort (including negligence), strict liability, or otherwise, to the maximum extent permitted by law.

15. THIRD-PARTY INTERFERENCE

Any adjustment, repair, modification, operation, or servicing performed by another contractor, pool service company, homeowner, or any third party after DHS has completed work voids any and all responsibility and warranties from DHS.

16. RETURN VISITS & ADDITIONAL SERVICE CALLS

Service visits requested after completion that are unrelated to the original scope, or caused by adjustments, operation, or work by others, are billable at standard rates.

17. CANCELLATION AND RESCHEDULING

A minimum of 24 hours’ notice is required to cancel or reschedule appointments.

DHS reserves the right to charge cancellation, rescheduling, or trip fees for missed appointments or late cancellations.

18. PERMITS AND REGULATIONS

Unless specifically stated in writing, the customer is responsible for obtaining any permits, approvals, or permissions required for the work, including compliance with local codes or homeowner association requirements.

19. FORCE MAJEURE

DHS shall not be liable for delays or inability to perform work due to circumstances beyond its control, including weather, supplier delays, equipment shortages, shipping delays, accidents, or acts of God.

Projects inactive for more than 30 days due to lack of authorization, payment delay, site readiness, or response may be rescheduled at DHS discretion and may require schedule adjustment, price revision, or mobilization charges.

20. DISPUTES

Any disputes arising from services performed shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any claim must be submitted in writing within 30 days of service completion, failing which the claim is deemed waived.

21. REMOTE ADVICE & INFORMAL GUIDANCE

Advice provided by phone, text, or email is general guidance only and not a substitute for on-site diagnosis. DHS is not responsible for outcomes resulting from actions taken without an in-person inspection.

22. PRIVACY, DIGITAL COMMUNICATION, DATA USE & MEDIA AUTHORIZATION

Information Collection & Record Ownership

DHS collects information necessary to schedule, perform, document and support service to the property and equipment. This may include, but is not limited to:

•       Client names, phone numbers and email addresses

•       Property address, site contacts and access instructions

•       Equipment specifications, installation details and service history

•       Billing and payment records

•       Communications including emails, text messages, call records and online submissions

•       Photographs, videos, measurements and technician notes

Upon transmission to DHS by any party — including the client, property manager, contractor, representative or agent — the information becomes part of the permanent service and equipment record and is owned and retained by DHS. Use of DHS services constitutes consent to the collection, use, and retention of information as described herein.

DHS does not sell or trade personal contact information to third-party marketing companies. Information is only shared when reasonably required to perform services, process payment, coordinate manufacturers or trades, administer warranties, or comply with legal or insurance obligations.

Digital Communications (CASL Consent)

By requesting, authorizing, scheduling, or permitting DHS to perform work, the customer consents to receiving electronic communications relating to the property, equipment and services, including appointment confirmations and reminders, seasonal maintenance reminders, safety notifications, warranty information, service recommendations, and educational notices.
Clients may unsubscribe from promotional communications at any time. Operational, safety, warranty and scheduled service communications may still be delivered where reasonably necessary to support equipment, document service, or fulfill requested work.

Meaningful Consent & Privacy (PIPEDA)

DHS collects, uses and retains information only for reasonable business purposes connected to requested services and ongoing equipment documentation. Information is retained as part of the permanent property equipment record and service history. Clients may request access to their information or withdraw consent for non-essential uses, subject to legal, safety and operational documentation requirements.

Automated Analysis & AI-Assisted Service Recommendations

DHS utilizes software systems and artificial-intelligence-assisted analysis tools to improve service reliability, maintenance planning and customer communication. Service data may be analyzed to recommend preventative maintenance, identify potential equipment failure, provide reminders and service notices, suggest upgrades or safety improvements, and prioritize scheduling and support.
These systems assist operational decisions and communication but do not make legally binding decisions affecting the client without human review. DHS does not create intrusive personal profiles unrelated to property equipment or services. Clients may opt out of non-essential recommendation communications at any time. No automated communication, recommendation or reminder constitutes a diagnosis, guarantee, or certification of equipment condition.

Photographs, Video & Job Documentation

All photographs, videos, reports, measurements and documentation captured before, during or after service are the sole property of DHS. These materials may be used at DHS discretion for legitimate business purposes including service records and diagnostics, training and quality control, warranty and insurance documentation, and portfolio/advertising/website/social media. Images will focus on equipment and workmanship and DHS will not intentionally disclose private personal details of occupants. No compensation or additional permission is required once services are requested or performed.

Third-Party Submitted Information

Any information provided to DHS by a partner company, maintenance provider, contractor, designer, builder or property representative is deemed authorized by the client and incorporated into DHS records upon receipt.

23. ENTIRE AGREEMENT

These Terms and Conditions constitute the entire agreement between DHS and the customer and supersede any prior discussions or representations.

CUSTOMER ACKNOWLEDGMENT

By authorizing work to begin, providing payment information, signing a work order, making payment, or allowing DHS to perform services, the customer acknowledges that they have read, understand, and fully agree to these Terms and Conditions.