Customer Terms of Use
Draft for legal review.
These terms are an agreement between you and WaterPAP Solutions ("WaterPAP", "we", "us"). They apply when you use our website, customer website or customer app, or order any of our services by any means, including through a WaterPAP agent, by phone or on WhatsApp. By creating an account or placing an order you accept these terms and our Privacy Policy.
1. Our services
We arrange the delivery of water by truck, exhauster (septic and pit emptying) services and tank cleaning in our service areas. Deliveries are carried out by independent transport partners vetted by WaterPAP, who act for us in serving you. We are responsible to you for the service as set out in these terms.
2. Your account
- You must be 18 or older and give accurate details. You confirm your mobile number with a one-time code.
- Keep your PIN secret. You are responsible for orders placed with your account until you tell us it has been misused.
- A business account may be used by the people the business authorises.
- We may suspend an account that is misused, gives false information or has long-overdue payments.
3. Orders and prices
- Prices for water and exhauster services depend on the truck size and the area of your address, plus any charge for tanks above ground floor. The price is shown before you confirm an online order, or quoted to you.
- Tank cleaning and some other jobs are priced by quote after we know the tank's size, type and access.
- An order is accepted when we confirm it. We may decline an order, for example outside our service area or where access is unsafe, and will tell you why.
- Quotes are valid for 7 days unless stated otherwise.
4. Delivery and access
- We aim to deliver as soon as possible or at the time you schedule. Times are estimates and can be affected by traffic, weather, water point queues and security.
- You must make sure the truck can reach the delivery point safely and that the tank, its inlet and the route for the hose are accessible, sound and ready. Tell us about stairs, floors, gates and who to contact.
- If we cannot deliver because of access, wrong details or nobody available, we will agree a new time with you.
- You are responsible for the condition of your tanks and plumbing. Our crews are not liable for leaks or overflows caused by faulty tanks, valves or plumbing, or by a tank that cannot hold the quantity ordered.
5. Water quality
The water we deliver comes from licensed sources and is carried in trucks used for clean water. Once water is in your tank, its quality depends on the tank's condition and cleanliness, which we recommend cleaning every six months. Drinking-water treatment at the point of use remains your choice and responsibility. If you have a concern about a delivery, tell us within 24 hours and stop using the water until we've looked into it.
6. Exhauster services and tank cleaning
- Waste is collected by licensed exhauster operators and disposed of at approved sites.
- You must tell us about any hazardous material, blockages or structural problems you know of.
- Tank cleaning may need your tank to be emptied; plan your water use accordingly. We are not liable for existing damage to a tank that becomes visible when it is cleaned.
7. Payment
- You pay the price confirmed for your order by M-Pesa, Airtel Money, bank transfer, cheque or another method we accept. We do not accept cash. Customers without an approved account pay on delivery unless agreed otherwise.
- Approved business customers may have credit terms; payment is then due on the dates in their terms.
- We may send payment reminders by WhatsApp or SMS before and after a due date. Overdue amounts may lead us to pause further orders until paid.
- You can see each delivery, what has been paid and what is owing in your account.
8. Changes and cancellations
- You can change or cancel an order free of charge before the truck is on its way, by contacting us.
- If you cancel after the truck is on its way, we may charge up to the full price to cover the trip.
- We may cancel or reschedule an order we cannot carry out safely or on time, and will tell you promptly. You won't pay for anything not delivered.
9. Problems and complaints
If something isn't right, contact us on WhatsApp or by phone as soon as you can, and within 24 hours of the delivery for a short delivery or quality issue. We'll look into it and, where we are at fault, put it right by re-delivering, adjusting the price or refunding.
10. Our liability
- We are responsible for loss you suffer that is a foreseeable result of our breaking these terms or our negligence.
- Except where the law does not allow a limit, our total liability for any order is limited to the price of that order.
- We are not liable for delays or failures caused by events beyond our reasonable control, such as water shortages, road closures, unrest or severe weather.
- Nothing in these terms limits your rights under the Consumer Protection Act, 2012 or other law that cannot be excluded.
11. Using our website and apps
Don't misuse our services: no false orders, interfering with our systems, or using them unlawfully. The WaterPAP name, logo and content belong to us. We may update or pause the apps for maintenance.
12. Changes to these terms
We may change these terms. The version in force when you place an order applies to that order. We'll tell account holders of important changes.
13. Law and disputes
These terms are governed by the laws of Kenya. We'll try to resolve any dispute with you directly first. If we can't, either of us may refer it to the courts of Kenya or to mediation in Nairobi.
14. Contact
WaterPAP Solutions. WhatsApp or call +254 798 844 488, email info@waterpap.com.