CHILLPRO CONNECT BETA TRIAL
21. CHILLPRO CONNECT BETA TRIAL – APPLICATION AND PRIORITY
21.1 Clauses 21 to 30 apply where the Hire Agreement states that you are participating in the ChillPro Connect Beta Trial. They apply in addition to clauses 1 to 20.
21.2 If there is any inconsistency between clauses 1 to 20 and clauses 21 to 26, clauses 21 to prevail. In particular, clause 6.7 (under which the Hire Payments do not change during the Minimum Hire Period) does not apply to any change in the Hire Payments made in accordance with clause 25.
21.3 In clauses 21 to 26 the following definitions apply, and defined terms used but not defined in these clauses have the meaning given to them in clause 1:
Beta Product: the ChillPro Connect Water System hired to you under the Agreement, being a newly released Water System made available for evaluation as part of the Beta Trial;
Beta Trial: the ChillPro Connect Beta Trial programme operated by us and described in the Hire Agreement and in clauses 21 to 26;
Beta Trial Period: the period beginning on Installation and ending on the end of the Minimum Hire Period
Product Experience Survey: the survey titled "ChillPro Connect Product Experience Survey", concerning your experience of the Beta Product;
Filter Change Survey: the survey titled "ChillPro Connect Filter Change Survey", concerning your experience of changing the filter in the Beta Product;
Survey: each of the Product Experience Survey and the Filter Change Survey, and Surveys means both of them;
Promotional Hire Price: Hire Payments of £9.99 per month, inclusive of VAT;
Standard Hire Price: Hire Payments of £24.99 per month, inclusive of VAT;
Survey Deadline: in relation to each Survey, 11.59pm on the twenty-first (21st) day after the day on which we email you the invitation to complete that Survey, as stated in that invitation;
22. ELIGIBILITY AND PLACES ON THE BETA TRIAL
22.1 The Beta Trial is open only to new customers placing a first order with us for the hire of a Water System. It is not available to you if you already hire a Water System from us or have an existing subscription with us.
22.2 To take part in the Beta Trial you must also:
22.2.1 meet the order criteria in clause 4, including being aged 18 or over and having a Delivery Address in mainland England, Scotland or Wales;
22.2.2 have your order accepted by us in accordance with clause 5, including any credit reference we carry out to determine eligibility; and
22.2.3 place your order within the Beta Trial application period
22.3 Only one Beta Trial agreement is available per household and per Delivery Address.
22.4 The number of places on the Beta Trial is limited to 250 Places are allocated in the order in which orders are received and accepted by us. Where all places have been allocated, we may decline your order or offer you a Water System on our standard terms and pricing instead.
22.5 Your place on the Beta Trial is personal to you and may not be transferred to any other person.
22.6 If we do not accept your order we will not enter into the Agreement with you, and clause 5 applies to the return of any sums you have already paid.
23. THE NATURE OF THE BETA PRODUCT
23.1 You acknowledge that the Beta Product is a newly released Water System made available for evaluation, and that it may accordingly be more likely than an established Water System to require repair, adjustment, replacement parts or engineer attendance.
23.2 We may at any time replace the Beta Product with a production version of the ChillPro Connect or with the closest available Water System, at no cost to you. Where we do so, that Water System becomes the Water System for all purposes under the Agreement and the Hire Payments do not increase as a result.
23.3 Nothing in this clause 23 affects (a) your legal rights as a consumer in relation to the Beta Product, (b) clause 12, under which the Beta Product is provided with the same repair and replacement service as any other Water System, or (c) clause 13.1. The fact that the Beta Product is a pre-production product does not reduce our obligation to supply a Water System of satisfactory quality and fit for purpose.
24. YOUR PARTICIPATION IN THE BETA TRIAL
24.1 As a participant in the Beta Trial you agree to:
24.1.1 complete each Survey by its Survey Deadline, if you wish to remain eligible for the Promotional Hire Price in accordance with clause 25;
24.1.2 give feedback in each Survey which reflects your own honest opinions and experience, and not to give feedback which you know to be false or misleading;
24.1.3 report any fault, error message or unexpected behaviour of the Beta Product to us as soon as is reasonably practicable; and
24.1.4 comply with clause 9 in relation to the Beta Product, including not altering, adapting, dismantling or attempting to repair or modify it.
24.2 Nothing in these clauses requires you to give favourable feedback. Your eligibility for the Promotional Hire Price does not depend on the content of your feedback; it depends only on your completing each Survey by its Survey Deadline.
25. THE SURVEYS AND THE PROMOTIONAL HIRE PRICE
25.1 The Promotional Hire Price is a discount on the Standard Hire Price which we offer you in return for your participation in the Beta Trial. Your continued eligibility for the Promotional Hire Price depends on your completing each Survey by its Survey Deadline.
25.2 We will email you the invitation to complete the Product Experience Survey within one month after Installation.
25.3 We will email you the invitation to complete the Filter Change Survey at or around the time we despatch to you the first replacement filter for the Beta Product, which will be aligned to the date the first filter change becomes due. We will notify you when that filter is despatched.
25.4 Each invitation will identify the Survey and state its Survey Deadline. We will send you at least one reminder no later than seven (7) days before the relevant Survey Deadline.
25.5 We will send each invitation and reminder to the email address set out in the Hire Agreement, or to any updated email address you have notified to us in accordance with clause 9.2.7.
25.6 A Survey is completed when you have submitted it using the link we provide, whether or not you have answered all of the questions in it. Our records will be evidence of whether and when a Survey was completed, but if you give us evidence to the contrary we will take it into account.
25.7 If you do not complete either Survey by its Survey Deadline, the Hire Payments will increase from the Promotional Hire Price to the Standard Hire Price with effect from the first Hire Payment due date falling at least fourteen (14) days after that Survey Deadline, and will remain at the Standard Hire Price for the remainder of the Agreement. This applies whether you fail to complete one Survey or both.
25.8 Any increase under clause 25.7 applies to future Hire Payments only. We will not charge you any additional or retrospective sum, and will not seek to recover any discount already given, by reason of your not having completed a Survey.
25.9 We will notify you in writing at least fourteen (14) days before the first increased Hire Payment is collected, telling you the new amount and the date from which it applies.
25.10 We will not increase the Hire Payments under clause 25.7 where you were unable to complete a Survey by its Survey Deadline because (a) we did not send you the invitation, (b) we sent it to an email address other than the one referred to in clause 25.5, or (c) the Survey, or the link to it, was unavailable or did not function. In any of those cases we will send you a fresh invitation stating a new Survey Deadline.
25.11 Early termination fee. Where an early termination fee is payable under clause 11.1 or clause 15.1.2, it is calculated using the Hire Payments applicable to you at the date of termination. If you are paying the Promotional Hire Price at that date, the fee is £9.99 for each remaining whole month of the Minimum Hire Period. If you are paying the Standard Hire Price at that date, the fee is £24.99 for each remaining whole month of the Minimum Hire Period.
26. ENDING THE BETA TRIAL
26.1 We may end the Beta Trial, or your participation in it, by giving you at least thirty (30) days' written notice.
26.2 Where we end the Beta Trial or your participation in it under clause 26.1 for any reason other than your breach of the Agreement, then for the remainder of the Minimum Hire Period (a) you will continue to pay the Promotional Hire Price, (b) the Survey conditions in clause 25 cease to apply, and (c) clauses 24 cease to apply.
26.3 Where we end the Beta Trial or your participation in it under clause 26.1 you may terminate the Agreement by notice to us within thirty (30) days of our notice or of the withdrawal, and no early termination fee will be payable under clause 11.1 or clause 15.1.2. You remain liable for the Hire Payments accrued up to termination and for your obligations under clause 15.1.1.
26.4 Ending the Beta Trial does not of itself end the Agreement, which continues in accordance with these Terms.
