SHoWA: Smart Hot Water Agreement
1.1 We manufacture the “HotBot” device (“Device”), a smart energy device that connects to your water heater to help save you money, protect your home, and give you control of your hot water.
1.2 The Device is operated by a web application (“App”) and cloud-based system (“System”), which is owned by us. The Device may be fitted with sensors (including a flow meter) (“Sensors”) and/or a shutoff valve (“Valve”).
1.3 In this agreement, where we refer to the “Service”, we refer to the service that we provide via the App, Device and System.
1.5 We have tried to keep fine print to a minimum, but if you have any questions, please contact firstname.lastname@example.org. All of the clauses are important, but the consequences of some are more important than others. These terms, we have highlighted like this.
2. The Service
To use the Service, you will need to have the Device fitted to your water heater (see clause 8 for installation terms), and you will need to access and sign up for the App.
3. What We Charge
3.1 Our fees:
3.1.1 on subscribing for the Service (“Subscription Date”), you will need to pay us a once-off activation fee which will be presented during your initial purchase;
3.1.2 your first month is free, providing ample time to schedule your installation and start to experience the service;
3.1.3 one month after the Subscription Date, and thereafter on a monthly basis (in advance) for the duration of this agreement (see clause 5 for details about the agreement term), you will need to pay us a subscription fee which will be presented during your initial purchase. This fee will remain fixed during the Initial Term (see clause 5.1), but will thereafter increase on an annual basis, on written notice to you.
3.2 Any additional components or services requested by you after the Subscription Date will be subject to an additional cost, which will be quoted for at the time.
3.3 We will deduct all amounts owing by you to us in terms of this agreement (including amounts which are payable by you to us in terms of clause 5, 6, 8 or 9, 10) from your credit/debit card.
4.1 Having a Device fitted to your water heater does not mean you own the Device. Unless you have purchased the Device (and/or the Sensors) from us outright using the once-off purchase method, we retain ownership of the Device and, if applicable, the Sensors, subject to clause 5.5.
4.2 If you opt-in for the Valve, you will own that Valve (as long as you have paid the fee set out in clause 3.1.1).
4.3 Except to the extent owned by our third party manufacturers or service providers, we own all rights in and to the intellectual property relating to the Service, including the Device, the Sensors, the Valves, the App and the System.
5. Commencement, Duration and Termination
5.1 This agreement starts on the Subscription Date and runs for 25 months (“Initial Term”), but the subscription fees are only payable for 24 months (see 3.1.3).
5.2 On the expiry of the Initial Term, this agreement will automatically continue on a month-to-month basis, unless you notify us at email@example.com that you want to terminate the agreement.
5.3 You may cancel this agreement at any time on 20 business days’ notice sent to [firstname.lastname@example.org], but you will need to pay us a cancellation fee equal to R1,700 (“Cancellation Fee”) if you cancel during the Initial Term. This Cancellation Fee has been calculated according to the reasonable costs we will incur in connection with termination (including, for example, deinstallation of the Device, logistics and refurbishment), and will escalate on 1 January of each year in accordance with the consumer price index).
5.4 We may cancel this agreement at any time on 20 business days’ written notice to you in which case you will only need to pay the Cancellation Fee to us if:
5.4.1 we terminate this agreement during the Initial Term because:
188.8.131.52 you breached this agreement and failed to remedy the breach within the time period set out in clause 15.1, or the breach was incapable of being remedied;
184.108.40.206 we suspect that the Device or its components have:
220.127.116.11.1 been tampered with; or
18.104.22.168.2 are in need of a repair,
but you have failed to provide us access to the Device within 20 business days of the date of first request from us.
5.5 On termination/expiry of this agreement, we will no longer need to provide you with access to the Service, and you will need to return the Device and the Sensors. We will contact you to arrange for deinstallation. While you may use your own service provider for geyser replacements, the Device or its components may only be deinstalled or removed by our accredited technicians. We may choose, on written notice to you, not to deinstall the Device and/or the Sensors where we deem (in our sole discretion) that it would not be financially viable to do so (for example, where the cost of deinstalling the components is higher than the value of the components). If we confirm in writing not to deinstall the Device and/or the Sensors, risk and ownership in and to such components will pass to you, with immediate effect, unless otherwise agreed between us in writing.
6.1 Eligibility for refund
6.1.1 You are only eligible for a refund before your HotBot is installed.
6.1.2 To request a refund you’ll need to notify us that you want to cancel your order at least 24 hrs before your scheduled installation. If you notify us within 24 hrs of your installation you will need to pay a R650 callout fee, which will be deducted from your refund.
6.1.3 To request a refund or ask any questions you can contact us at email@example.com.
6.2.1 We cannot process a refund after the Device has been installed. In this instance our cancellation policy will apply as described in section 5.
6.3.1 You will be notified once your refund has been processed.
6.3.2 Where possible, you will be refunded to the card you originally used for payment. If a refund to your card is not possible through our payment gateway, then you will need to provide your banking details in order for us to process the refund by EFT.
6.3.3 Refunds will be processed within 10 business days of cancelling your contract, or providing us with your banking details, whichever comes later. Please remember it can take some time for your bank or credit card company to process the refund. If more than 15 business days have passed since we’ve approved your refund, please contact us at firstname.lastname@example.org.
In certain cases, we set eligibility requirements that you must meet to use the Service. For example, where consumers are signing up for the Service as part of a Plentify project (“Project”), we may choose to only install a Device if there are a minimum number of people using the consumer’s water heater. You warrant (promise) that you meet all eligibility requirements that we may have set (you would have been notified of these on or before the Subscription Date). If your situation changes at any time during this agreement, you must email email@example.com as soon as possible.
8.1 After the Subscription Date, we will (either directly, or through a third party service provider) contact you to arrange installation of the Device, together with the relevant components.
8.2 We may, at any time, abandon the installation if we discover that installation is not feasible or if it is not possible. If this happens, we will refund you for any amounts already paid by you to us.
8.3 If you are not available during the agreed installation slot, we will charge you a callout fee of R650.
8.4 Certain components (for example, the Valve) may require special components or processes specific to your water heating system to function. Our installation partner may not have all parts on hand when they come to install the Device. If this is the case, they will inform you, and will arrange a second visit to complete the installation.
8.5 The installation of the Device does not include addressing any non-compliance or other issues with your hot water system, nor issuing any Certificates of Compliance for any plumbing or electrical work.
8.6 In cases where minor upgrades would make your hot water system eligible for a Device and/or Valve, our installation partner may quote you directly for the additional work and materials required for such upgrades. Should you choose to accept the quote, you will be contracting directly with the installation partner; as such, the quoted amount will be payable by you directly to the relevant installation partner (and not to us), and will be subject to the terms of the installation partner, as quoted by them. We are not liable for any upgrades or other works agreed between you and an installation partner directly.
9. Your Obligations
9.1 You warrant (promise) that you are authorised to enter into this agreement, as well as to accept the benefits and to perform your obligations in respect of this agreement. This may require you getting written consent from your landlord.
9.2 You must not remove any notices, labels or warnings from the Device or its components and must obey all such notices, labels and warnings.
9.3 The Device must not be exposed to damp environments.
9.4 We may insist that you service the Device from time to time, at our cost. You will cooperate with us to do this, for example by coordinating a suitable time for an accredited technician to visit your home, and by providing access.
9.5 If you detect any issues with the Device, please contact firstname.lastname@example.org timeously so we can investigate the issue and facilitate a callout (if necessary).
9.6 Your nominated service provider may replace your geyser, but only service providers appointed by us may replace, inspect, test or work on the Device and its components. Any callout fees to fix the work of an unauthorised person will be for your account. You will also need to pay us a penalty (see 9.8).
9.7 You must ensure that the Device and its components are not modified, adapted, tampered with, bypassed, or reverse engineered in any way.
9.8 You will need to pay us a R3,000 penalty (escalating on 1 January of each year in accordance with the consumer price index) if the Device or its components are damaged by an unauthorised person.
10.1 If we are called out to inspect, repair or replace the Device or any of its components and:
10.1.1 a fault is found, then the cost of the callout will be for our account (provided you are still subscribed for the Service and are up-to-date with all payments due to us); or
10.1.2 no fault is found, or a fault is found but one of the exclusions in clause 10.2 below apply, then you will need to pay us:
10.1.2.1 a callout fee of:
10.1.2.1.1 R650, during business hours; and
10.1.2.1.2 R950, outside business hours; plus
10.1.2.2 additional time beyond the first hour, calculated at:
10.1.2.2.1 R550 per hour, during business hours; and
10.1.2.2.2 R825 per hour, outside of business hours; plus
10.1.2.3 the cost of the materials required to fix the fault.
10.2 We will never be responsible for faults:
10.2.1 caused by faulty geysers or geyser components, secondary geyser timers, ripple controllers, electrical supply issues, and broken thermostats, whether arising before, at the time of, or after installation;
10.2.2 arising from or attributable to you not fulfilling any of your obligations to us (including, in particular, as set out in clause 9);
10.2.3 that are caused by circumstances beyond our reasonable control, including (amongst other things) a strike, lock-out, fire, explosion, flood, riot, war, accident, embargo, lockdown, a pandemic, epidemic, or widespread disease, civil commotion, unrest or disturbance, cessation of labour, acts or omissions of any governmental authority, changes to any laws, or any other cause, event, circumstance or contingency beyond our reasonable control (“force majeure event”);
10.2.4 which arise during or after you or an unauthorised person has tampered with the Device, the Sensors, the Valve or any other components of the Device; and/or
10.2.5 due to power surges or any damage, malfunction or failure resulting from misuse, neglect, abuse or use for a purpose for which the Device or its components are not designed.
10.3 Amounts listed in clause 10.1 above are subject to a market-related increase (in our discretion) each year. We will notify you of increases.
11. Geyser Replacement or Repair
11.1 In cases where your geyser is replaced or repaired, we suggest using an accredited technician to complete the work, so they can reconnect the Device to your geyser.
11.2 If your geyser is not replaced or repaired by an accredited technician, you will need to pay a call out fee of R650 for an accredited technician to reconnect the Device.
11.3 Contact us on email@example.com and we’ll connect you with a list of accredited technicians in your area.
12.1 If you are moving to a new premises and want to take the Device with you, we can arrange a technician to do this for you. The cost will be quoted at the time and will be for your account.
12.2 If you choose not to move the Device, you won’t need to pay the Cancellation Fee set out in clause 5.3 if somebody takes over your subscription for the Service; for example if you move out of your house and your subscription is duly transferred by us to the new owner or tenant.
13. Water Heater Operation and Usage Data
You consent to us:
13.1 adjusting when your water heater draws power to save you money while (i) enabling more solar energy use, (ii) reducing reliance on dirty and expensive grid electricity during peak usage periods, (iii) reducing the risk of load shedding, and/or (iv) providing other services to an electricity system; and
13.2 sharing certain data about your use of the Service. This usage data is anonymised and aggregated, and cannot be used to identify you. We collate the usage data we collect and use it to improve the Device and Service and to report on the effectiveness of the Service to existing and prospective partners.
13.3 If you are signing up for the Service as part of Project Smart Geyser, you agree to participate in that Project until at least 31 December 2023.
14. Personal Information
14.1 You consent to us processing your information (which includes personal information) in relation to this agreement and your use of the Service:
14.1.1 in connection with your registration for the Service, we process:
22.214.171.124 your name and identity number to perform soft credit checks to establish your credit worthiness; this will not affect your credit score;
126.96.36.199 your name, email address and payment information to contact you, facilitate the transactions and to begin the process of getting the Device installed;
188.8.131.52 your hot water system details to determine your eligibility for a Device;
14.1.2 in connection with installation of the Device, we process:
184.108.40.206 your name, physical address and contact information in order for our partners to contact you and install the Device;
220.127.116.11 your hot water system details and photos to validate your installation and optimise the Device;
14.1.3 in connection with your registration on the App, we process:
18.104.22.168 your contact information to set up alerts and stay in touch;
22.214.171.124 your hot water system details and your desired hot water times to better optimise the Device;
14.1.4 in providing the Service, we process:
126.96.36.199 sensor data from the Device to optimise your service, detect and notify you of issues, to develop and market new products or services, and to report on service performance to our partners.
14.2 You consent to us sharing your name, physical address and contact information with our installation partners so that they can reach out to schedule the installation of the Device and so that they can assist with callouts.
14.3 You must notify us timeously if any of your details change. In particular, you must notify us within 3 business days if your payment details change.
15. Breach and Misuse of the Service
15.1 If you breach this agreement, including, by failing to pay any amounts due to us from time to time (including where a debit order on your account is unsuccessful) on the due date for payment, and you fail to remedy such breach within 14 days of receiving a written demand from us to do so, we may, without prejudice to any of our other rights, temporarily or permanently suspend your access to the Service.
15.2 You will pay us for any losses, damages, costs, liabilities and expenses, including legal or collection costs, that we incur arising out of your use, or misuse of the Services or breach by you of this agreement.
15.3 If you do not comply with this agreement and we do not take immediate action, this does not mean that we waive any of our rights; we will remain entitled to take action against you in the future.
16. Disclaimer and Limitation of Liability
16.1 We make no guarantees as to the quality or suitability of the Service for any particular purpose, that the Service will fulfil your specific needs, or that you will enjoy any particular saving by using the Service. The savings generated from the Service are dependent on a variety of factors, including your hot water system and hot water usage patterns.
16.2 We do not warrant (promise) that the Service (including access to the System and the App) will be uninterrupted or error-free, or free of viruses or other harmful components.
16.3 The Service is provided to you at your own risk. In the unlikely event that you experience loss or damage in connection with your use of the Service, we will not be responsible to make good any such loss or damages, unless caused by our gross negligence or wilful misconduct. Our liability to you, if any, arising out of, or in connection, with the Service or our, or any relevant third party service providers, will be limited to the total amount paid by you in respect of the Service for the 6 month period before the date upon which you first notified us in writing of your claim. We strongly recommend that you take out and maintain adequate home or other insurance.
16.4 We will not be responsible for any failure to perform/delay in performing our obligations if it is caused by a force majeure event.
17. General Provisions
17.1 Governing Law
This agreement shall be governed by and interpreted in accordance with South African law and any disputes between you and us relating to this agreement will be subject to the jurisdiction of the High Court of South Africa.
17.2 Legal Notices
Legal notices will be served on you at the e-mail address, or physical address, you provide to us when you register for the Service. Notices will be presumed to have been delivered to you on the date and time of despatch as recorded by the computer of the sender, or date of delivery at your physical address.
In this agreement:
17.3.1 all Rand amounts are inclusive of value-added tax;
17.3.2 a reference to any other agreement or document shall be to such agreement or document as amended;
17.3.3 clauses shall continue to operate after the termination of this agreement if necessitated by their nature;
17.3.4 “business day” means a day which is not a Saturday, Sunday or a public holiday in the Republic of South Africa, and “business hours” means the hours between 08h00 and 17h00 SAST on a business day;
17.3.5 the words “include”, “including” and “in particular” are by way of example only and shall not limit the generality of any preceding words;
17.3.6 the words “other” and “otherwise” shall be interpreted as widely as possible and will not be limited by any preceding words;
17.3.7 a South African law process shall, if a party is subject to another jurisdiction’s law, be interpreted in relation to that party as including an equivalent or analogous proceeding under such other law; and
17.3.8 if any provision becomes illegal, invalid or unenforceable, such provision shall be severed, to the extent of its illegality, invalidity or unenforceability, from the balance of this agreement.
SHoWA version: DTC_220930