Customer Subscription Agreement
Terms and Conditions
Clause 7 — INTERPRETATION
In these Terms and Conditions, unless the context indicates otherwise, words importing the singular shall include the plural and vice versa. Headings are for convenience only and shall not affect the interpretation of this Agreement.
Any reference to a statute or regulation includes any amendment, re-enactment, or replacement thereof and any subordinate legislation made under it.
Clause 8 — SUBSCRIPTION FEES AND PAYMENT
The Customer agrees to pay the monthly subscription fee applicable to the selected package (Small Vehicle Package: R320.00 per month; Large Vehicle Package: R400.00 per month), as displayed at the time of registration and confirmed in the onboarding confirmation.
Payment shall be made monthly in advance by electronic funds transfer (EFT) into the bank account details provided by MSD Mobile Car Wash. The Customer must use their allocated customer number as the payment reference for all transactions.
Failure to make payment by the due date may result in suspension of services until all outstanding amounts are received in full. MSD Mobile Car Wash reserves the right to charge a reasonable reactivation fee where services have been suspended due to non-payment.
All fees are quoted in South African Rand (ZAR) and are inclusive of VAT where applicable. MSD Mobile Car Wash may adjust subscription fees on thirty (30) days' written notice to the Customer.
Clause 9 — SERVICE DELIVERY AND SCHEDULING
MSD Mobile Car Wash shall provide mobile car wash services to the Customer's nominated service address on the preferred service day selected during registration (Monday to Friday only), subject to weather conditions, operational capacity, and safe access to the vehicle.
The Customer shall ensure that the vehicle is accessible at the service address on the scheduled service day between 07:00 and 17:00, unless otherwise agreed in writing.
MSD Mobile Car Wash shall use reasonable endeavours to maintain the agreed service schedule. Where a scheduled service cannot be performed, MSD Mobile Car Wash will reschedule the service within the same calendar month at no additional charge.
Services include exterior wash, interior vacuum, window cleaning, and tyre shine as per the standard package for the selected vehicle category. Additional services may be requested and will be quoted separately.
Clause 10 — CUSTOMER ACCESS AND COOPERATION
The Customer shall provide safe and unobstructed access to the vehicle at the service address on each scheduled service day. This includes ensuring gates are unlocked, driveways are clear, and any security codes or access instructions are communicated in advance.
The Customer shall ensure that personal belongings of value are removed from the vehicle prior to each service. MSD Mobile Car Wash shall not be responsible for any loss or damage to personal items left inside the vehicle.
The Customer shall promptly notify MSD Mobile Car Wash of any changes to the service address, vehicle details, or preferred service day. Changes may take up to five (5) business days to take effect.
Where access to the vehicle is denied or obstructed on a scheduled service day without prior notice, the service for that day shall be deemed delivered and no credit or refund shall be due.
Clause 11 — CUSTOMER WARRANTIES AND REPRESENTATIONS
The Customer warrants that all information provided during registration is true, accurate, and complete, and undertakes to keep such information up to date throughout the subscription period.
The Customer warrants that they are the lawful owner of the registered vehicle, or have the express authority of the owner to subscribe to and receive services for that vehicle.
The Customer warrants that the vehicle is in a roadworthy condition and free from hazardous materials, excessive mud, or conditions that may pose a risk to MSD Mobile Car Wash personnel or equipment.
The Customer represents that they are at least eighteen (18) years of age and have the legal capacity to enter into this Agreement.
Clause 12 — EXCLUSIONS AND SERVICE LIMITATIONS
The subscription service does not include: engine bay cleaning, paint correction, scratch removal, dent repair, upholstery shampooing, odour treatment, headlight restoration, or any specialised detailing services unless separately agreed and charged.
MSD Mobile Car Wash shall not be required to service vehicles that are excessively dirty, contaminated with hazardous substances, or in a condition that may damage equipment or pose health and safety risks to personnel.
Services may be limited or postponed during periods of severe weather including heavy rain, hail, or extreme heat where service quality or personnel safety would be compromised.
MSD Mobile Car Wash does not guarantee a specific finish or result on vehicles with pre-existing paint damage, oxidation, or aftermarket modifications.
Clause 13 — CANCELLATION AND TERMINATION
The Customer may cancel this subscription by providing thirty (30) days' written notice to MSD Mobile Car Wash via email to support@globalreachweb.site or WhatsApp to +27 64 013 1728.
MSD Mobile Car Wash may terminate this Agreement immediately upon written notice if the Customer breaches any material term, fails to make payment within fourteen (14) days of the due date, or provides false or misleading information.
Upon termination, the Customer remains liable for all fees accrued up to the effective date of termination. No refund shall be payable for partial months or unused services unless required by applicable law.
Termination does not affect any rights or obligations that accrued prior to the effective date of termination, including payment obligations and indemnities.
Clause 14 — SUSPENSION OF SERVICES
MSD Mobile Car Wash may suspend services without liability where: (a) payment is overdue; (b) the Customer breaches any term of this Agreement; (c) access to the vehicle is repeatedly denied; or (d) continued service would pose a health, safety, or legal risk.
MSD Mobile Car Wash shall provide reasonable notice of suspension where practicable, except in cases of non-payment or safety concerns where immediate suspension may apply.
Services shall resume within five (5) business days of the Customer remedying the cause of suspension and settling any outstanding amounts due.
Suspension of services for a period exceeding sixty (60) consecutive days shall be deemed a cancellation by the Customer, and reactivation may require a new registration and onboarding process.
Clause 15 — LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, MSD Mobile Car Wash's total aggregate liability to the Customer for any claim arising out of or in connection with this Agreement shall not exceed the total subscription fees paid by the Customer in the three (3) months immediately preceding the event giving rise to the claim.
MSD Mobile Car Wash shall not be liable for any indirect, consequential, special, or punitive damages, including loss of profit, loss of use of the vehicle, or loss of business opportunity, whether arising in contract, delict, or otherwise.
Nothing in this Agreement excludes or limits liability that cannot be excluded or limited under the Consumer Protection Act 68 of 2008 or any other applicable legislation.
The Customer acknowledges that mobile car wash services involve inherent risks and that MSD Mobile Car Wash's liability is limited as set out in this clause and the Section 49 CPA Notice.
Clause 16 — INDEMNITY
The Customer hereby indemnifies, defends, and holds harmless MSD Mobile Car Wash, its directors, employees, agents, and contractors against any and all claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from: (a) the Customer's breach of this Agreement; (b) inaccurate or misleading information provided by the Customer; (c) the Customer's failure to provide safe access to the vehicle; or (d) any third-party claim relating to the Customer's vehicle or property.
This indemnity shall survive termination of this Agreement and applies to the fullest extent permitted by law, subject to the limitations set out in the Section 49 CPA Notice.
MSD Mobile Car Wash shall promptly notify the Customer of any claim subject to indemnification and shall allow the Customer reasonable opportunity to participate in the defence thereof, at the Customer's expense.
Clause 17 — DAMAGE REPORTING AND CLAIMS
The Customer must inspect the vehicle immediately upon completion of each service and report any alleged damage, defect, or dissatisfaction to MSD Mobile Car Wash within twenty-four (24) hours of service completion.
All damage claims must be submitted in writing via email to support@globalreachweb.site or WhatsApp, accompanied by clear photographic evidence of the alleged damage and the date and time of the service.
MSD Mobile Car Wash shall investigate all reported claims within five (5) business days. Where liability is established, MSD Mobile Car Wash's remedy shall be limited to repair, re-service, or refund of the applicable service fee, at MSD Mobile Car Wash's discretion.
Claims reported after the twenty-four (24) hour period, or where the Customer has used or moved the vehicle after service without prior inspection, may be declined at MSD Mobile Car Wash's sole discretion.
Clause 18 — FORCE MAJEURE
Neither party shall be liable for any failure or delay in performing its obligations under this Agreement where such failure or delay results from circumstances beyond its reasonable control, including but not limited to: acts of God, flood, drought, fire, epidemic, pandemic, war, civil unrest, government restrictions, power failures, or supply chain disruptions.
The affected party shall notify the other party as soon as reasonably practicable of the force majeure event and shall use reasonable endeavours to mitigate its effects and resume performance as soon as possible.
Where a force majeure event continues for more than thirty (30) consecutive days, either party may terminate this Agreement by written notice without liability, save for fees accrued prior to the force majeure event.
Clause 19 — DISPUTE RESOLUTION AND GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa.
The parties shall attempt to resolve any dispute arising out of this Agreement amicably through good-faith negotiation within fourteen (14) days of either party notifying the other of the dispute in writing.
If the dispute is not resolved through negotiation, either party may refer the matter to mediation before a mutually agreed mediator. The costs of mediation shall be shared equally unless otherwise agreed.
Nothing in this clause prevents either party from seeking urgent interim relief from a court of competent jurisdiction in South Africa.
Clause 20 — GENERAL PROVISIONS
This Agreement constitutes the entire agreement between the parties regarding the subscription services and supersedes all prior negotiations, representations, and agreements, whether oral or written.
No amendment or variation of this Agreement shall be valid unless reduced to writing and signed by or on behalf of both parties, or accepted electronically through the MSD Mobile Car Wash onboarding platform.
No failure or delay by either party in exercising any right or remedy shall constitute a waiver of that right or remedy. A waiver of any breach shall not constitute a waiver of any subsequent breach.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
The Customer may not cede, assign, or transfer any rights or obligations under this Agreement without the prior written consent of MSD Mobile Car Wash. MSD Mobile Car Wash may assign its rights and obligations to any affiliated entity or successor in business.
Notices to MSD Mobile Car Wash shall be sent to support@globalreachweb.site or +27 64 013 1728. Notices to the Customer shall be sent to the email address and cell number provided during registration.