TERMS & CONDITIONS

Shayp: a water monitoring and leakage control service

By purchasing the Shayp Service, you agree to the following terms and conditions. Please read them carefully.

This document provides you with information about Shayp SA and the legal terms and conditions (Terms) under which we sell the Shayp Service via our website or via our partners shayp.com/order (our site).

If you do not accept these terms, you will not be able to benefit from the Service on our website. We suggest that you print a copy of these Terms or save them on your computer for future reference. We may change these Terms from time to time. Each time you order a Shayp Product or Service, the terms in effect at the time of your order will apply to the contract.

For detailed information, visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

  1. Definitions

Shayp: name and logo of Shayp SA, whose registered office is located at Rue des Pères Blancs 4, 1040 in Brussels and registered with the Crossroads Bank for Enterprises under the number 0682.631.956.

Agreement: the entire (a) general terms and conditions of Shayp’s user platform, (b) power of attorney (c) special terms and conditions.

Service: all matters relating to Shayp’s technology, including the Product, software and customer services.

Datalogger: the set of data capture, data transmission and firmware associated with the measuring device.

Product: the Datalogger and Shayp sensors, also known as “Router”.

Reception: on the day of shipment.  

  1. Entry into force and duration of the agreement

2.1. The contract will come into force after the end of the withdrawal period. The withdrawal period is 14 days from the day after the agreement has been concluded. If the Customer makes use of this right, the Customer shall inform Shayp using the standard form in the appendix to these Terms and Conditions. The Customer may also inform Shayp of its decision by any other unequivocal statement. Amounts already received by Shayp during the cancellation period will be refunded to the Customer as soon as possible.  

2.2. Shayp may reject the Agreement if (i) the Customer has a water meter that is not compatible with the Datalogger, (ii) the Customer has a water meter with limited access or which may endanger the Installer, (iii) the intended address for the Installation is not served by the telecommunication means used by Shayp technology.

2.3. The agreement is concluded for an indefinite period.

  1. Shayp Service and Product

3.1 Monitoring: Shayp continuously monitors the Customer’s water consumption through the Datalogger that is placed on the water meter by the Customer or a Shayp authorized installer in accordance with Shayp’s instructions. The measured data is made available to the Customer via the Shayp online platform or upon request by the Customer.

3.2. Notification: Shayp detects water leaks from the water supply system, occurring after the water meter has passed. Shayp does not prevent water leaks. The Service will notify you of water leaks via SMS, application notification or email (an “Alert”).

Please note that Shayp does not detect the following :

  • Water leaks outside the water supply system ;
  • Water leaks in a closed circuit, e.g. in the central heating or drainage system ;
  • Water leaks that cannot be measured by the water meter.

3.3. Data: Shayp does not guarantee the accuracy of water consumption data. Some limitations remain, such as the reliability of the water meter or the accuracy of measuring and capturing pulses recorded from the water meter.

3.4. Delivery: In the event that Shayp is unable to deliver the Product to you (e.g., out of stock, failure to meet the delivery date, pricing error on the Website), Shayp undertakes to inform you. The order will therefore not be processed. Where applicable, if the product has already been paid for, Shayp undertakes to reimburse you the total amount, including delivery costs, as soon as possible.

3.5. Illustrations : The Shayp product images available on our site are for illustration purposes only. It is likely that your product, its packaging, or the software will differ from these images.

3.6. Minor changes: The product may have some modifications : (1) changes to comply with applicable laws and regulatory requirements; and/or (2) changes to implement minor technical improvements and adjustments.

3.7. Suspension of sale : Shayp may need to suspend the supply of a Product in order to resolve technical problems or make minor technical adjustments and modifications; update the Product to reflect changes in applicable laws and regulatory requirements; make changes to the Product at your request or notification; or make changes to the Product at your request or notification.

3.8. Liability: Shayp is not responsible for the items noted below:

  • all costs, loss or damage incurred as a result of misuse of the product, which use must be in accordance with the manufacturer’s instructions ;
  • all costs, losses or damages incurred as a result of a problem caused by loss of connection to the network concerned;
  • all costs, losses or damages incurred as a result of the non-receipt of an alert or the inaction of the customer to address the damage following the receipt of an alert;
  • all costs, losses or damages incurred as a result of improper or incorrect installation of the product;
  • all costs, losses or damages incurred as a result of water leaks outside the scope of the Product (as set out in paragraph 2);
  • all costs, losses or damages incurred as a result of the customer’s failure to comply with the instructions provided by the manufacturer at the time of product registration;
  • all costs, losses or damages incurred in connection with the identification and repair of a leak following an alert;
  • any increase in your water bill ;
  • any costs, losses or damages incurred as a result of the change of
    • radio frequency allocations of system controls;
    • performed by the customer or a third party;
  • all costs, losses or damages incurred as a result of a defective, unreliable or inaccurate water meter;
  • all costs, losses or damages incurred as a result of replacing the batteries in your product;
  • all costs, losses or damages incurred in the following cases:
    • the product does not provide an alert because it has been disconnected from the water meter ;
    • the product has been deactivated ;
    • the product’s batteries stop working.
  1. Payment

4.1. Datalogger: The Customer needs a minimum of one Datalogger product to be able to benefit from Shayp’s services. For the activation of its Datalogger(s), the customer needs a software in order to connect the Datalogger(s) to the Shayp system. Shayp shall make one or more Dataloggers available to the Customer when subscribing to the Shayp Service through a Distributor Partner or from the Shayp online store available at the following address http://shayp.com/order, and in accordance with the sales prices indicated by Shayp or the Distributor.

4.2. Provision of services: The customer has the choice between a one-time payment, a fixed monthly subscription, a fixed annual subscription or a subscription related to their water bill. For Subscriptions, the first period is billed in full at the time of the first order, and thereafter, after receipt of the Datalogger, in the first week of each subsequent year or month, depending on the payment period agreed upon.

4.3 Security Deposit: Shayp provides the Customer with one or more Dataloggers in order to benefit from the Shayp Service. A security deposit equal to the amount indicated on the Online Store is paid directly to Shayp at the time of the order. After a period of 18 months, the device is the property of the Customer and the warranty is retained by Shayp. If the Customer terminates his subscription, he may return the Datalogger to Shayp’s postal address. The Customer shall then get back his guarantee deposit which shall be depreciated as follows: after 6 months the value is €30, after 12 months the value is €15, after 18 months the value is €0.

  1. Billing and payment

5.1. Invoicing: Shayp sends an invoice each year and makes it available to the Customer via the Shayp online platform. This invoice includes the amount owed to Shayp for the provision of the selected Service. Payment shall be made by direct debit or any other automatic payment method. The subscription is invoiced annually at the Customer’s discretion and according to the prices indicated at the time of purchase.

5.2. Payment term: Each invoice has a payment term of 10 days after receipt of the invoice. Payment is made by means of automatic payment.  

5.3. Notice of non-payment: In case of non-payment of the invoice by the due date, Shayp sends a reminder. If the Customer does not pay on time, Shayp will send a reminder. The Agreement shall terminate automatically and without judicial intervention in case of non-payment within 15 days after the notice of default is sent. In this case, Article 9.1.2 shall apply.  

5.4. Related costs : Reminders of non-payment and notices of default are sent by e-mail to the customer. Shayp reserves the right to charge the Customer for the costs of sending reminders and notices of default in the amount of EUR 3.00 by e-mail and EUR 15.00 by registered letter.

5.5. Non-payment: In the event of non-payment of the invoice on the due date, Shayp shall be entitled to charge, legally and without notice, legal interest from the due date of the invoice.  

5.6. Amounts due to the customer : Any amounts owed to the Customer shall be paid by Shayp with the amounts owed by the Customer to Shayp.

5.7 Refund to Customer: If Shayp is obligated to refund a Customer, and in the event that Shayp does not refund the amounts due within 10 days of receipt of the credit note, the Customer shall be entitled to payment of statutory interest from the date the refund should have been made. The cost of reminders and notices of default shall then be borne by Shayp under the same conditions as those set forth in Article 6.4.  

  1. Datalogger

6.1. Datalogger and Software: In order to fully benefit from Shayp’s services, the Customer requires a Datalogger and Software. The latter are provided by Shayp or a partner and delivered to the Customer according to the delivery times as indicated on the Shayp website (http://shayp.com/order/), after the purchase of the Datalogger(s) and software (when registering for the service via the Shayp platform) and at the end of the withdrawal period.

6.2 Incompatibilities of the water meter: Shayp cannot guarantee the correct operation of the Datalogger and the software in the event that the water meter (present in the apartment or connected to the general water supply circuit) is incompatible, or if the data transmission method is faulty. In the case of meter incompatibility, the Customer is advised to contact his water company directly to plan a possible replacement with or without additional payment.

6.3. License of use: The Customer has a license to use the Shayp software during the term of the agreement.

6.4. Communication of defects: on receipt of the Datalogger and the software, the Customer shall check the number of products requested and delivered, the conformity of the delivery and the possible presence of visible defects. These defects must be reported by the Customer, in writing or by e-mail (hello@Shayp.energy), within 48 hours of delivery. The Customer acknowledges and uses the Datalogger and the software in accordance with the directives received from Shayp.  

6.5.  How it works : The Customer may not make any modification to the Datalogger or to the software that could interfere with the operation of the Datalogger, the software or the water meter.

6.6 Shayp does not guarantee proper operation for a specific unintended use.  

  1. Termination of the contract

7.1. Termination of the contract

7.1.1. The agreement can be terminated at any time by the customer with one month’s notice. Termination of the agreement is the immediate revocation of the power of attorney.  

7.1.2. If the monthly subscription is paid annually, the customer is not entitled to a refund of the subscription fees for the remaining months.  

7.1.3. The revocation of the power of attorney shall be deemed to be a cancellation of the contract by the customer.

7.2. Termination by Shayp

7.2.1. The Agreement may be terminated by Shayp upon one month’s written notice. If Shayp terminates the Agreement during the term of a subscription year, Shayp will refund the remaining months of the subscription.

7.2.2. Shayp may terminate the Agreement with immediate effect and without judicial intervention in the following cases: a) in the event of repeated or serious breach of obligations by the Customer, after Shayp’s notice of default has been served on the Customer.

Examples include the following situations:

  • Shayp does not receive the data because the customer has not or not correctly installed the Datalogger and the software,
  • the customer has not replaced the battery at the end of its life;
  • the connection network is defective;
  • during a hacking, hacking attempt, copying or modifying software technically not possible to install the system or make it work properly.

7.2.3. If Shayp terminates the contract, the power of procuration ends at the same time.

7.3. Other consequences of termination

7.3.1. The end of the agreement does not mean the end of the current energy agreement. Shayp informs the customer about all aspects of the current energy agreement.

7.3.2. All amounts due are payable immediately.

  1. Liability and cases of force majeure

8.1. The Customer and Shayp shall be solely liable in the event of non-performance of an obligation under this Agreement, except in cases of force majeure, or in the event of gross negligence, willful misconduct or gross negligence.

8.2. The Customer and Shayp shall only be liable for direct damage resulting from gross negligence, willful misconduct or gross negligence on the part of Shayp or for personal injury resulting from acts or omissions of Shayp.

8.3. Shayp shall not be liable if the damage was caused directly or indirectly by the improper use, negligence or misuse of the Datalogger. In this respect, Shayp shall not be liable for technical or computer problems or for the loss of data due to the fault, malice or negligence of the Customer of Shayp.

8.4. Shayp is not responsible for interruptions or the quality of the power supplied. In the event of damage caused by an interruption or limitation of the supply or irregularity in the supply, the distribution system operator must be contacted.  

8.5. Shayp and the Customer shall not be liable in the event of force majeure: any unforeseeable and unavoidable event that constitutes an insurmountable obstacle to the implementation of the contractual obligations. Force majeure includes, but is not limited to: natural disasters, terrorism, sabotage, blockades, cyber-attacks. Server or communication link failures, disruptions in communication connections, bugs or viruses in the software are force majeure to the extent that they are clearly due to a third party and/or are not due to a fault or negligence of Shayp. Force majeure suspends contractual obligations other than the obligation to pay a sum of money. The Customer and Shayp shall inform each other immediately of any situation of force majeure.

  1. Complaints

A Customer who has a complaint regarding Shayp’s services may contact Shayp’s services via support@shayp.com. If the Customer is not satisfied with the response, he or she may appeal free of charge to the Consumer Mediation Service for out-of-court settlement of the dispute. Contact information can be found at https://mediationconsommateur.be/.

  1. Transfer

Shayp has the right to transfer all or part of its rights and obligations to a third party, provided that Shayp assures that no less guarantees will be granted to the Customer. Shayp shall inform the Customer of the transfer.

  1. Applicable law

Belgian law applies to this agreement.