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1. TERM
This Agreement shall commence on the date the products (more fully set out in the Schedule) (“Product(s)”) are delivered to the Customer and remain in full force and effect until the fixed period [equivalent to the tenure of the contract that is agreed by the Customer while booking the Product(s)] expires and the Products is returned to Housemanager, unless terminated earlier or extended pursuant to the flexi tenure policy.
2. FLEXI TENURE POLICY
Housemanager provides its Customers, an option to opt for flexible tenure (“Flexi Tenure”) for early closure and/or extension of the term of the Agreement. In case of early closure, the Customer can request for closing the order by informing Housemanager, any time prior to the date the Customer wishes to close the order. Housemanager provides its Customer with different monthly rental rates depending on the tenure of the Agreement at the time of order placement. In the event of early closure, the Customer shall be liable to pay the early closure charges which shall be calculated (please refer www.Housemanager.in for detailed break up) based on the tenure selected by the Customer.The early closure charges shall be maximum upto the total amount of security deposit paid by the Customer, excluding any rental dues and damage charges.
For extension of the term beyond the Agreement tenure by the Customer, the monthly rate applicable at the time of extension shall be followed for calculation of rental amount for the extension period. Any extension or early closure shall be done only through the Housemanager website and such extension or early closure shall be deemed to be pursuant to this Agreement. Housemanager reserves the right to revise the rental rates any time at its sole discretion.
3. PAYMENT
The invoice shall be raised by Housemanager on the1st day of every month and the due date for payment shall be the 12th day of the month (“Due Date”). Customer shall pay the rental charge as per the invoice raised and mailed to the Customer’s registered e-mail address. Payment made beyond the Due Date shall incur a late fee. Late fees shall be levied on the rental due amount only. The late fee of 10% shall be applied on the 13dth day of the month on the pending amount. In case the Products are delivered anytime during the month, the first month shall be calculated on a pro-rata basis from the date of delivery until the last day of the first month. In case of order expiry or termination or early cancellation, the last month rental shall be calculated on a pro-rata basis until the date of pickup of the Product from Customer.
The Customer shall make all payments to Housemanager only. Housemanager shall not be liable for any payment made to any broker/third party by the Customer. Housemanager reserves the right to share information with credit rating agencies pursuant to Clause 15 of this Agreement. The Customer hereby agrees that non-payment of rental dues, late fees, asset value leased and any other non-payment, may affect the credit rating of the Customer and Housemanager shall not be liable for any claim from the Customer for sharing such information with credit rating agencies. In the event, the Customer does not make payments to Housemanager or does not return the Products and is not traceable, in addition to any other right of Housemanager, the Customer agrees that Housemanager shall have the right to reach out to the Customer’s relatives, friends, employer, offices and shall inform them about the Customer’s default. TheCustomerherebyagreesthat,Housemanagershallnotbeliableforanyinconvenienceor loss caused to the Customer for such action by Housemanager.
4. SECURITY DEPOSIT
In addition to the monthly rental, the Customer shall pay a refundable security deposit (“Security Deposit”). The Security Deposit shall not carry any interest for the entire tenure. The Security Deposit shall be refunded to the Customer on the termination and after taking delivery of all the Products from the possession of the Customer. Once the final quality check is performed on all the Products, and in case no damage is found, the Security Deposit shall be refunded within 15-21 working days to the Customer. Housemanager shall refund the Security Deposit to the account from which initial the Security Deposit was paid by the Customer, in case the Customer wishes to get the refund to any other account, the Customer shall provide the details of the account to Housemanager via e-mail from the registered e-mail address of the Customer and/or upload the account details on the dashboard available on the Housemanager website, prior to the pickup of the Products. The same account details shall be confirmed at the time of the reverse pick up of the Products.
In case any damage is found in any Product, Housemanager shall have the right to deduct the charges for the damages or monthly dues from the Security Deposit paid by the Customer and shall refund the remaining amount to the Customer. In case of default in the payment of monthly rentals (including late fee), Housemanager shall have the right to deduct such rental dues from the Security Deposit and may at its sole discretion refund or forfeit the remaining balance of the Security Deposit. The Security Deposit shall not include any monthly rental. The Customer cannot request for the monthly invoice dues to be adjusted from the Security Deposit.
5. ORDER CONFIRMATION
On receipt of the order and the Security Deposit, Housemanager shall confirm the order with the Customer by sending a confirmation to the registered e-mail address of the Customer. In the event, any product selected by the Customer is unavailable, Housemanager shall inform the same to the Customer. Housemanager reserves the right to replace any product selected by the Customer in the event of unavailability. The Customer shall be provided with an option to either accept or deny such substitution at the time of confirming the order.Me repayment of the Security Deposit shall not be considered as the valid contract.In the event,the Customer does not accept the substitute Product, Housemanager shall refund the Security Deposit paid by the Customer as per Clause 4 of this Agreement.The order raised by the Customer shall be processed subject to successful verification of the KYC and serviceability of the Customer location as per Housemanager Policy. In case the KYC verification is not successful, or the location is not serviceable by Housemanager, Housemanager reserves the right to reject the Customer’s order any time prior to delivery, at its sole discretion without assigning any reason even after successful KYC or serviceability of the location. In the event the order is rejected by Housemanager, the Security Deposit paid by the Customer shall be refunded to the Customer as per Clause 4 of this Agreement.
The Customer authorizes Housemanager to verify all the details provided by him/her and verify his/her credit score by evaluating their credit report with the help of any credit bureau and/or any other third party.
6. DELIVERY
On confirmation of the order by the Customer, Housemanager shall deliver the Products to the location specified by the Customer. The cost of the delivery shall be borne by Housemanager. The Customer shall be present at the location at the time of delivery agreed between Housemanager and the Customer. In case the Customer is unavailable at the time of delivery the Customer shall appoint a representative (give an authorization letter) for taking delivery of the Products and the same shall be communicated to Housemanager prior to the delivery. The representative shall provide a copy of his/her ID proof and authorization letter from the Customer to the delivery personnel assigned by Housemanager. In case the Customer is not present or has not assigned a representative for taking delivery, at the location and a second delivery attempt is required, Housemanager shall charge an extra delivery cost to the Customer.
Housemanager shall inspect the quality and ensure that the Products are working and in usable condition before the delivery of the Products to the Customer. The Customer or its appointed representative shall inspect the Products for any damage and quality.During the time of delivery. In case any Product is damaged during transit or unfit for use, Housemanager shall replace the same at its own cost and in case a replacement is not required, such damage shall be noted in the delivery receipt and a photo of the same shall be taken for record. In case any claim of damage is brought against the Product after the acceptance of delivery by the Customer, Housemanager shall not be responsible towards replacing the Product and shall levy a damage to be ascertained as per the damage policy below.
The Customer shall ensure the entry of delivery vehicle inside the premises where the delivery location is situated and ensure that prior permission is obtained for the use of elevator of the building, for delivery of the Products to the location.
7. DAMAGE
The Customer hereby agrees that any damage caused to the Product or theft (including disappearance) or loss, shall be liable towards repair and replacement cost of the Product. In the event, the Product is stolen or damaged beyond repair, the Customer shall be liable to pay Housemanager the market price of the Product. Minor scratches and chipping (depending on size) to wooden furniture shall be considered as normal wear and tear. The extent of damage will be ascertained by comparing against the quality control document signed by the Customer and the photographs taken on delivery and return pickup day.
Housemanager shall ascertain the extent of the damage and applicable penalty for such damage on the receipt of the Products from the Customer. In the event, it is found that in any Product, any substandard parts are used, or repair carried out by any person not authorized by Housemanager, then a penalty may be levied as per the policy of Housemanager. Any removal, alteration, disfiguring or cover up any numbers, lettering, or insignia displayed on any Product shall be considered as a damage to the Product and shall bechargeableagainsttheCustomer. AdamageclaimreportshallbesenttotheCustomer’sregisterede-mailaddress.
A quality check report stating the damages if any or a clearance sheet will be created and a copy of the same will be provided to the Customer immediately.
8. DAMAGE WAIVER
Housemanager offers a damage waiver benefit to its Customers, who complete a minimum term of 3-12 months: Rs. 250, 13-24 months: Rs. 500 and 25-36 months: Rs. 1000 respectively. The damage waiver benefit provided is subject to timely payment of all dues within the Due Date by the Customer.
9. MAINTENANCE
Housemanager shall provide maintenance of the Products delivered to the Customer, for the entire duration of the Agreement or on request from the Customer. Housemanager shall provide cleaning (one time per year) of the furniture, only after completion of minimum 12 months tenure by the Customer. The periodic maintenance shall not include any damage or breakdown due to mishandling by the Customer. Housemanager shall carry out the maintenance/repair of the Product within 3-5 working days after the request has been raised by the Customer. In the event, the issue is not resolved during repair, Housemanager shall provide a replacement for the Product. Any additional cost incurred by Housemanager during the maintenance and cleaning due to damages shall be borne solely and paid by the Customer, either via online payment or as advised by Housemanager service representative.
10. INSPECTION
Housemanager reserves the right to inspect the Product delivered to the Customer during the term of the Agreement. Housemanager shall provide reasonable prior intimation to the Customer regarding the visit for inspection of its representative to avoid any inconvenience to the Customer. The Customer shall ensure that the representative of Housemanager is provided with proper access to all the Products/premises for inspection
11. RELOCATION
In case the Customer wishes to relocate or remove the Product(s) from the registered address, a request shall be made to Housemanager 2 (two) weeks prior to the date the Customer wishes to relocate the Product along with the address proof of the new address. Once the request is raised, Housemanager shall remove or relocate the Product through its personnel only as per the mutually decided date with the Customer. Relocation shall be subject to successful verification of the KYC of the Customer’s new address and serviceability of the new location. In the event, the location is not serviceable by Housemanager, the same shall be treated as an early closure of the Agreement as per the Flexi Tenure Policy and the rental dues shall be payable as per the Flexi Tenure Policy.
12. SWAP OPTION
Housemanager provides its Customers with an option to swap the Products taken on rental basis on the following terms and conditions:
Customer is eligible for swapping of Product after completion of minimum of 18 (eighteen) months continuous tenure;
Swap option will be valid only on Products of equal or of higher value of the current Product used by the Customer;
Time taken for swapping of the Product shall be 7 (seven) days from the receipt of the request by Housemanager. Subject to the availability of the new Product requested by the Customer; and Swapping option shall be available only for the Products of the same category only.
13. TERMINATION
In the event, the Customer does not wish to extend the rental period beyond the Agreement date, the Agreement shall terminate on last day of the rental term.
Housemanager shall have the right to terminate this Agreement immediately in the following events;
a. Default of payment of rental due sora other payment dues by the Customer;or b. breachofanyofthetermsofthisAgreement.
Consequences of termination:
Housemanager shall have the right to take possession of the Products delivered to the Customer immediately;
Any payment pending from the Customer shall become payable immediately to Housemanager.
The Security Deposit paid by the Customer shall be refunded to the Customer post the damage assessment of the
Products, as per clause 4 of this Agreement.
In case of termination due to non-payment of rental dues, the Security Deposit refund shall be determined subject to
clause 4 of this Agreement.
Notwithstanding any other terms of this Agreement, Housemanager shall have the right to terminate the Agreement without any cause by providing 30 days’ notice to the customer.
14. OWNERSHIP OF PRODUCTS
Housemanager and / or its business partners shall at all times during the term of this Agreement, retain title to and / or be the beneficial owners of the Products delivered to the Customer, pursuant to the Agreement. Nothing in this Agreement shall be construed as a transfer of ownership of the Products to the Customer. The Customer shall give immediate notice to Housemanager .if any of the Product is about to become liable or is threatened with seizure and the Customer shall indemnify Housemanager against all loss and damage caused by such action against its Products.
15. ASSIGNMENT
The Customer shall not assign or transfer any interest in this Agreement or the Products without the written consent of Housemanager. Any such transfer or assignment shall be considered as illegal and hence a violation of the terms of this Agreement. Housemanager reserves the right to assign this Agreement, to any third party (including credit rating agencies, factoring agents and NBFC) without prior notice to the Customer.
16. ADVANCE RENTAL
Any advance rental amount credited to your Housemanager account as Housemanager will not be eligible for refund. Although, the same can be used for any existing or future subscriptions with Housemanager.
17. INDEMNIFICATION
The Customer shall indemnify, defend and hold Housemanager harmless from and against any claim, demand, cause of action or loss or liability (including, but not limited to, attorneys’ fees and costs) for any Product damage or personal injury arising from the Customer’s use of the Product by any cause, except to the extent such is caused by Housemanager negligence or willful misconduct. The provisions of this clause shall survive the termination of this Agreement with respect to any claim or liability accruing before such termination. In no event shall Housemanager be liable for any direct, indirect, special or consequential loss or damage arising out of Customer’s use of the Products.
18. GOVERNING LAW
This Agreement shall be governed by the laws of India and shall be subject to exclusive jurisdiction of courts in Gautam Budh Nagar Uttar pradesh.
19. ENTIRE AGREEMENT
This Agreement (together with the Annexure) constitutes the entire agreement between Housemanager and the Customer. The acceptance of this Agreement also signifies the acceptance of the Customer, to the terms and conditions on the Housemanager website. In the event of any conflict between the terms and conditions on the Housemanager website (including privacy policy) and this Agreement, the terms and conditions on the Housemanager website shall supersede. The Company reserves the right to amend the terms and condition of this Agreement and on the website from time to time, the customer is requested to check the website for update of terms and conditions.
20. LIMITATIONOFLIABILIT
In no event shall Housemanager be liable for indirect, special, incidental, or consequential damages, or any loss of revenue, profits, or data of any kind in connection with use of the Products, even if it has been advised of the possibility of such damages. Notwithstanding any other provision of this Agreement Housemanager’s total liability to Customer shall not exceed the total amount of 1 (one) month rental collected from the Customer.
DISCLAIMER
Day Dream Future Reality Infratech Pvt. Ltd. reserves the right to cancel any orders completely or partially before delivery without prior information & in such scenarios, we'll initiate the refund process for the deposit amount and the Customer will receive it in their source account within 7-10 working days.
Any current/future orders placed by the Customer has no connection with any of his/her previous orders.
Housemanager shall provide the services under the Agreement, either by itself or through any third-party. In case the services are provided through any third-party, Housemanager shall share the details (only to the extent required to provide the services) of the Customer to enable such third-party to provide the service. The Customer hereby authorizes Housemanager to share the details of the Customer with such third party.
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