Operator

MyWater Srl
523, Avenue Louise
1050 Brussels
VAT 0760 547 405

Contact: +32 474 23 23 23

Article 1 – Purpose

The purpose of this contract is:

  • The rental, through a subscription, of one or several SmartFountains by MyWater to the client, at the addresses indicated in the specific conditions.
  • Their installation and connection to the drinking water network, provided that the networks have been previously configured by the client according to the standards provided by MyWater. In the event of non-conformity, MyWater cannot be held responsible for delays or impossibility of installation.
  • Their periodic maintenance, according to a personalized frequency.

Article 2 – Duration

The subscription is concluded for an indefinite period. It takes effect on the 1st or 15th day of the month
following the effective installation of the SmartFountain, with a free 15-day trial period.

The subscription may be terminated by either party by registered letter, with a notice period of 3 months
before the end of a calendar quarter. Otherwise, the subscription will be automatically renewed for successive periods of 3 months.

Article 3 – Early Termination

In the event of early termination by the client, the client must pay compensation equal to three months of rent,
unless otherwise agreed in writing between the parties. This clause compensates expenses incurred by MyWater.

Article 4 – Breaches

In case of a breach by the client of their obligations, particularly in the event of non-payment, MyWater will send a formal notice.
If the situation is not rectified within 15 days, MyWater may terminate the contract and retrieve the equipment.

Outstanding amounts become immediately due, with an annual interest rate of 12%, and a fixed indemnity of 15% of the amount, with a minimum of 50 euros.

Article 5 – Rent / Subscription

The rent amount, as specified in the specific conditions, is indexed annually according to the consumer price index.

Indexation formula:
Indexed Rent = Base Rent × (New Index / Starting Index)

Rent is billed quarterly.

Article 6 – Location

The SmartFountain must be installed at the address specified in the contract, in a clean and dry environment,
protected from direct sunlight and extreme temperatures (between 5°C and 30°C). Any relocation requires prior written approval from MyWater.

Article 7 – Use

The client agrees to use the equipment responsibly, exclusively for the supply of drinking water,
and to return it in good condition at the end of the contract, except for normal wear.

No technical intervention may be carried out by a third party. In case of malfunction or incident, the client must inform MyWater immediately.

Article 8 – Liability

The client is responsible for the loss or deterioration of the SmartFountain except in cases of normal wear or intrinsic defect.
MyWater declines liability for damages suffered by the client or third parties.

Article 9 – Assignment

The client may not assign, sublease, or encumber the equipment. MyWater may assign its rights and obligations to a third party,
provided that this third party assumes the obligations of the present contract. The client accepts this assignment in advance.

Article 10 – Maintenance

MyWater provides, at its own expense, regular maintenance of the SmartFountain.
In the event of technical failure due to compliant use, the device will be repaired or replaced at no cost to the client.

Article 11 – Access to the Equipment

The client must allow access to the equipment during business hours.
If this is not possible, the client must arrange an appointment with MyWater.

Article 12 – Return of Equipment

At the end of the contract, the client must make the SmartFountain available for collection.
In case of late return, double rent will be applied until retrieval.

After a period of 2 months, or in case of irreversible damage, compensation of €2,000 excluding VAT per unit may be invoiced.

Article 13 – Charges

Water and electricity consumption required for the operation of the SmartFountain are borne by the client.

Article 14 – Jurisdiction

In the event of a dispute, only the French-speaking courts of Brussels, including the Justice of the Peace of the 1st canton, are competent.