Terms of Service

6.1 A non-refundable deposit of fifty percent (50%) of the total quoted amount is required to secure the service date. No work will be scheduled, equipment mobilised, or materials ordered until the deposit has been received and cleared.

6.2 The remaining fifty percent (50%) is due and payable on the day of service, before commencement of any physical work. For drilling services, the balance must be paid before the drill bit touches the ground. If the balance is not paid on the scheduled date, WWS reserves the right to leave without commencing work, and you forfeit the deposit.

6.3 All prices are exclusive of Value Added Tax (VAT) at the prevailing rate (currently 15%) unless explicitly stated otherwise. VAT will be added to the final invoice.

6.4 Overdue amounts attract interest at two percent (2%) per month, compounded monthly, from the due date until actual payment.

6.5 WWS reserves the right to suspend or terminate Services and withhold delivery of reports, certificates, or documentation if payment is not received in accordance with these terms.

6.6 You shall be liable for all costs of collection, including attorney-and-client legal fees, advocate fees, tracing agent fees, collection agency fees, and all court costs incurred in recovering overdue amounts.

6.7 Retention of Title: No equipment, pumps, casings, pipes, fittings, or materials shall become your property until payment has been received in full. WWS retains the right to enter the Site and remove any unpaid equipment without notice and without liability.

6.8 Quotations are valid for thirty (30) days from the date of issue. WWS reserves the right to adjust quoted prices if the scope changes, unforeseen conditions arise, commencement is delayed by more than 30 days, or material costs increase by more than 10%.

6.9 You shall not withhold, set off, or deduct any amount from payments due to WWS for any reason. Disputes shall be addressed through the dispute resolution process, but payment obligations remain unaffected.

Once you have paid the deposit, it is non-refundable in ALL circumstances. The deposit compensates WWS for scheduling commitments, planning, preparation, allocation of equipment and personnel, and the loss of opportunity to service other clients.

You acknowledge that WWS incurs costs and turns away other work upon receipt of the deposit, and that the non-refundable nature of the deposit is fair, reasonable, and agreed to voluntarily.

If the remaining balance is not paid on the scheduled service date, WWS may leave the Site without commencing work. In such event, you forfeit the deposit paid and remain liable for any additional costs incurred by WWS, including mobilisation and demobilisation charges.

8.1 Cancellation more than 4 weeks (28 calendar days) before the scheduled service date: The deposit is forfeited. No further charges apply provided no materials have been ordered or cut to specification for your project.

8.2 Cancellation less than 4 weeks (28 calendar days) before the scheduled service date: The deposit is forfeited and you shall be liable for the full cost of all materials already ordered, procured, cut to specification, or allocated for your project. This includes but is not limited to:

• Borehole casings and PVC pipes
• Fittings, valves, and connectors
• Submersible pumps and pressure tanks
• Filtration equipment and UV sterilisation units
• Reverse osmosis membranes and housings
• Any other materials sourced or reserved specifically for your installation

Material costs shall be charged at the rates specified in the Quotation or, where not specified, at WWS's prevailing supply cost plus a fifteen percent (15%) handling and restocking fee. These material charges are payable in addition to the forfeited deposit and represent a genuine pre-estimate of WWS's losses arising from late cancellation.

8.3 Cancellation after mobilisation or commencement: If you cancel after equipment has been mobilised to the Site or after Services have commenced, no refund of any monies paid will be issued under any circumstances. You remain liable for the full quoted amount plus any additional costs incurred.

8.4 Cancellation requests must be submitted in writing via email to sales@wwwsupplies.co.za. The date of cancellation is the date on which WWS acknowledges receipt in writing. Verbal cancellations, text messages, and social media messages will NOT be accepted.

8.5 WWS reserves the right to cancel or suspend Services immediately and without refund if: you breach any term of these conditions; payment is not received when due; site conditions are unsafe or materially different from those disclosed; or you or your representatives behave in an abusive, threatening, or obstructive manner towards WWS personnel.

8.6 If you request a pause or delay in Services after commencement, WWS may charge a daily standby rate for equipment and personnel, plus remobilisation costs when work resumes.

9.1 ALL refunds issued by WWS under any provision of these terms are subject to a minimum ten percent (10%) administrative and recovery fee deduction to cover planning, scheduling, preparation, and costs incurred. This 10% deduction applies to every refund without exception.

9.2 Where WWS cancels or postpones due to weather, equipment breakdown, or operational reasons, you will be offered a rescheduled date at no additional cost. If rescheduling is not possible within sixty (60) days, a refund will be issued less the 10% administrative fee.

9.3 No refund, reduction in fees, credit note, or compensation of any kind shall be granted in the event that: water is not found; the water yield is insufficient; the water quality is unsuitable; the borehole or wellpoint does not meet your expectations; or the survey results differ from actual conditions. The full cost of Services is payable regardless of outcome.

9.4 Deposits are non-refundable once materials have been ordered or work has commenced. Refer to Section 7 (Deposit Policy) and Section 8 (Cancellation Policy) for full details.

9.5 Where a refund is approved, it will be processed within fourteen (14) business days via the original payment method. WWS reserves the right to deduct any outstanding amounts owed before processing any refund.

9.6 Charge-backs or payment disputes initiated with your bank or payment provider without first exhausting the dispute resolution process in these terms shall constitute a material breach. You shall be liable for all costs incurred by WWS in responding to such charge-backs, including administrative fees and legal costs.

WWS provides a twelve (12) month workmanship warranty from the date of Completion, covering defects in workmanship performed by WWS and defects in materials supplied directly by WWS. This warranty is your sole and exclusive remedy for defective workmanship or materials.

This warranty expressly excludes:

• Normal wear and tear, aging, and deterioration
• Damage from misuse, abuse, neglect, or improper operation
• Third-party modifications or repairs not authorised in writing by WWS
• Natural disasters, extreme weather, flooding, or lightning strikes
• Ground movement, subsidence, or changes in soil conditions
• Water table changes, aquifer depletion, drought, or seasonal variation
• Power surges, voltage fluctuations, or incorrect electrical supply
• Corrosion, mineral deposits, limescale, or chemical damage from water quality
• Components, pumps, or equipment not supplied by WWS
• Running the pump dry or operating outside rated parameters
• Electrical faults caused by your electrical installation or wiring
• Blockages from sand, silt, debris, or foreign objects
• Failure to follow WWS operating instructions and maintenance guidelines
• Cosmetic issues that do not affect functionality
• Consequential, indirect, incidental, or special damages of any kind

Warranty claims must be submitted in writing within the warranty period with a description and photographic evidence. WWS may, at its sole discretion, repair, replace, or refund the specific item. Repair or replacement does not extend the original warranty. The warranty is non-transferable.

To the maximum extent permitted by law, WWS disclaims all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and durability.

To the maximum extent permitted by law, the total aggregate liability of WWS, its directors, shareholders, employees, agents, and subcontractors shall not exceed the total amount actually paid by you under the applicable agreement.

WWS shall not under any circumstances be liable for:

• Consequential, indirect, incidental, special, or punitive damages
• Loss of profits, revenue, income, business, or anticipated savings
• Loss of water supply, reduction in yield, or changes in water quality
• Crop damage, garden damage, plant loss, or agricultural losses
• Business interruption, loss of production, or inability to operate
• Property devaluation or diminution in value
• Damage to or interference with existing water systems or municipal supply
• Personal injury, illness, or health conditions from use of water
• Costs of alternative water supply or municipal water usage
• Damage to neighbouring properties or neighbouring water supplies
• Environmental damage, contamination, or remediation costs
• Any loss arising after completion and outside WWS's control
• Any loss that could have been mitigated by you through reasonable measures

No claim may be brought against WWS more than twelve (12) months after the date of Completion. Any claim not brought within this period shall be deemed irrevocably waived.

Neither party shall be liable for any delay or failure to perform resulting from circumstances beyond reasonable control, including but not limited to:

• Natural disasters, floods, storms, drought, or extreme weather
• Fire, explosion, or accidental damage
• Epidemic, pandemic, or public health emergency
• War, armed conflict, terrorism, or civil unrest
• Government action, regulation, embargo, or sanctions
• Strikes, lockouts, industrial disputes, or labour shortages
• Failure or shortage of power, fuel, water, or transport
• Telecommunications or banking system failures
• Equipment breakdown, including drilling rigs and support equipment
• Road closures or inability to access the Site
• Supply chain disruptions or manufacturer delays

If a force majeure event continues for more than sixty (60) calendar days, either party may terminate without further liability, except that you remain liable for payment for all Services completed and materials supplied prior to the event.

You agree to indemnify, defend, and hold harmless WWS, its directors, officers, employees, agents, and subcontractors from and against all claims, demands, losses, damages, costs, expenses, and liabilities arising from:

• Inaccurate, incomplete, or misleading site information you provided
• Your failure to obtain required permits, permissions, or approvals
• Undisclosed hazards, underground structures, or environmental issues
• Unauthorised modifications or interference with WWS-installed equipment
• Your breach of any term in these conditions or the Service Agreement
• Third-party claims arising from your use or maintenance of WWS equipment
• Personal injury or property damage caused by your negligence
• Environmental or water contamination caused by your actions or inaction
• Claims by neighbouring property owners arising from the Services
• Claims by municipal authorities or the Department of Water and Sanitation
• Claims arising from use of water without appropriate testing and treatment
• Damage to WWS equipment or property caused by you or your visitors

This indemnity survives the termination or expiry of any agreement and is enforceable regardless of when the relevant claim is brought.

19.1 Right to Capture Media. WWS reserves the right to take photographs, videos, and other recordings of the work performed, equipment installed, the surrounding property, and the results of our services during any visit.

19.2 Unlimited Usage Rights. You grant WWS a perpetual, irrevocable, royalty-free, worldwide, non-exclusive licence to use, reproduce, modify, publish, distribute, and display any media captured on your property for marketing, advertising, website content, social media, case studies, trade shows, training, and any other purpose.

19.3 No Compensation. No additional compensation, royalties, or fees will be owed for the capture or use of any media taken on your property.

19.4 Opt-Out. To opt out of photography, notify us in writing at sales@wwwsupplies.co.za at least 48 hours prior to any scheduled visit. Opt-out requests received after work has commenced will not apply to media already captured.

All site survey data, geological assessments, electromagnetic readings, resistivity surveys, geophysical profiles, and any other measurements provided by WWS are approximations only and must not be relied upon as definitive or guaranteed.

False readings can and do occur due to: underground pipes, electrical cables, metallic objects, reinforced concrete, soil mineral content, electromagnetic interference, ground moisture from rainfall or irrigation, proximity to existing boreholes, and complex geological formations.

WWS shall not be liable for any decisions made based on survey data, readings, or recommendations. Survey reports are provided “as is” without warranties of any kind.

WWS is committed to protecting your personal information in accordance with the Protection of Personal Information Act 4 of 2013 (“POPIA”) and all applicable data protection legislation.

27.1 Information We Collect. In the course of providing Services, we may collect and process the following personal information: your full name, identity number or company registration number, physical and postal addresses, email addresses, telephone numbers, banking details for payment purposes, property details and site location data, photographs and video recordings of the Site, and any other information reasonably required to perform the Services.

27.2 Purpose of Processing. Your personal information is processed for the following lawful purposes:

• Providing, administering, and managing the Services you have requested
• Communicating with you regarding quotes, bookings, scheduling, and service updates
• Processing payments and managing your account
• Complying with legal and regulatory obligations, including tax, audit, and record-keeping requirements
• Enforcing our contractual rights and pursuing debt recovery where necessary
• Marketing and promotional communications (with your consent, which may be withdrawn at any time)
• Internal business analysis, quality assurance, and training

27.3 Sharing of Information. We may share your personal information with: subcontractors and service partners assisting in the provision of Services; professional advisors (accountants, attorneys); debt collection agencies and credit bureaus where payment is overdue; regulatory authorities and law enforcement as required by law; and insurance providers in connection with claims. We will not sell or rent your personal information to third parties for marketing purposes.

27.4 Retention. We retain your personal information for as long as necessary to fulfil the purposes for which it was collected, to comply with legal obligations (including tax records for a minimum of five years), and to protect our legitimate business interests including the enforcement of contractual rights.

27.5 Your Rights. You have the right to request access to, correction of, or deletion of your personal information, subject to applicable legal exceptions. To exercise these rights, contact our Information Officer at sales@wwwsupplies.co.za. WWS will respond to valid requests within a reasonable time as prescribed by POPIA.

27.6 Security. We implement appropriate technical and organisational measures to protect your personal information against unauthorised access, loss, destruction, or damage. However, no method of electronic storage or transmission is completely secure, and we cannot guarantee absolute security.

28.1 You agree not to make, publish, or cause to be published any false, misleading, defamatory, libellous, or disparaging statements about WWS, its directors, employees, agents, subcontractors, the quality of its Services, or its business practices, whether orally, in writing, or through any electronic medium including but not limited to social media platforms, review websites, online forums, blogs, and messaging applications.

28.2 This clause does not prevent you from providing honest, factual, and fair reviews of Services received, lodging genuine complaints through WWS's internal complaint process, or making disclosures required by law or regulatory authorities. Constructive feedback provided directly to WWS is welcomed and encouraged.

28.3 If you have a complaint or dispute regarding the Services, you agree to first raise the matter directly with WWS in writing to sales@wwwsupplies.co.za and allow a reasonable period of fourteen (14) business days for WWS to investigate and respond before making any public statements. Failure to follow this process before publishing negative public statements may be considered a breach of this clause.

28.4 In the event that you publish or cause to be published any statement that is demonstrably false, defamatory, or made with malicious intent, WWS reserves the right to:

• Demand immediate removal or retraction of the statement
• Seek an urgent interdict to prevent further publication
• Pursue a claim for damages, including reputational harm and loss of business
• Recover all legal costs on an attorney-and-client scale

28.5 You acknowledge that defamation is actionable under South African common law and the provisions of the Cybercrimes Act 19 of 2020, and that false online reviews and statements may constitute both a civil and criminal offence. WWS will not hesitate to protect its reputation through all available legal remedies.

These terms are governed by the laws of the Republic of South Africa. Any dispute shall first be referred to mediation by a mutually agreed independent mediator within thirty (30) days of written notice. Mediation costs shall be shared equally.

If mediation fails within thirty (30) days, either party may refer the dispute to the High Court of South Africa, which shall have exclusive jurisdiction.

The losing party in any legal proceedings shall bear all legal costs of both parties on an attorney-and-client scale, including advocate fees, expert witness fees, and all disbursements.

WWS reserves the right to institute proceedings in the Magistrate's Court for recovery of outstanding amounts. WWS may obtain a certificate of balance from its accounting records as prima facie proof of amounts owing for summary or default judgment.

• Entire Agreement: These terms, together with the Service Agreement and Quotation, constitute the entire agreement and supersede all prior agreements, negotiations, and representations.
• Amendments: No amendment or waiver shall be valid unless in writing and signed by authorised representatives.
• Severability: If any provision is found invalid, the remaining provisions continue in full force.
• No Waiver: Failure to enforce any provision shall not constitute a waiver of that provision.
• Assignment: You may not assign or transfer rights without WWS's written consent. WWS may assign to any affiliate or successor without your consent.
• Notices: All notices must be in writing via email or registered post. Email notices are deemed received on the next business day.
• Independent Contractor: WWS is an independent contractor. Nothing creates a partnership, agency, or employment relationship.
• Survival: Clauses relating to payment, liability, indemnification, warranty exclusions, governing law, confidentiality, intellectual property, and non-disparagement survive termination indefinitely.
• Electronic Signatures: Electronic signatures have the same legal effect as handwritten signatures per the Electronic Communications and Transactions Act 25 of 2002 (ECTA).