1. Formation of Contract
1. These Terms and Conditions together with the estimate of works (“Estimates”) provided by DELECON™ DESIGN CO. which describe the services set out the entire agreement between DELECON™ DESIGN CO. and you (the “Client”) and will apply once an appointment has been made to provide DELECON™ DESIGN CO. services (the “Services”)
2. Before procuring the Services you should read these terms and conditions carefully. If you do not agree with them, do not use the Services.
2. DELECON™ DESIGN CO. Scope of Work
1. DELECON™ DESIGN CO. been retained to provide interior design services only on turnkey basis. DELECON™ DESIGN CO. is not a general labor & a day basis contractor and will only act in turnkey methods. Any issues regarding concernment of construction elements must be discussed between owner and DELECON™ DESIGN CO.
2. DELECON™ DESIGN CO. will endeavor to advise the client of the predicted timescale of works as soon as is possible after the quotes have been produced. All such dates shall be approximates only and DELECON™ DESIGN CO. cannot be held responsible for any delay in completion.
3. DELECON™ DESIGN CO. is responsible for organizing Third Party companies, firms or individuals (“Third Party Suppliers”) to undertake certain work for the Client, such as civil & electrical work, P.O.P./Gypsum work, Plumbing work, carpentry & painting – polishing work, decorating fitment work, carpet fitting, curtain and blind manufacture and fitting and such other work as confirmed in attested offer letter produced for client before commencing on work from DELECON™ DESIGN CO
4. Due to the nature of the Interior Design business we cannot guarantee that Clients will always like our recommendations however we share all our design concept to minimize such risk after fulfillment of appointment with DELECON™ DESIGN CO.
5. Interior Design can be subjective. Unfortunately, we cannot provide any refunds in this case. However please feel free to contact DELECON™ DESIGN CO. and we will be happy to discuss the design concept further over the phone and perhaps make further recommendations via phone/email in special cases.
3. Client Obligation
1. The Client shall ensure that the property is accessible to employees of DELECON™ DESIGN CO. and any third party suppliers providing services throughout the duration of the works.
2. The client will ensure that utilities such as electricity and water are available for use at the property throughout works and at no cost to DELECON™ DESIGN CO.
4. Third Party Suppliers in under appointment for only as a consultant not in turnkey basis.
Partially Third Party Suppliers regarding materials like any furnishing items of hardware fittings.
1. The Client will form a contractual relationship with Third Party Suppliers, and will be responsible for managing these relationships and any financial settlements direct with Third Party Suppliers.
2. If so requested, DELECON™ DESIGN CO. may coordinate the services and financial settlements with the Third Party Suppliers on their behalf, as part of the service undertaken, but the Client will remain ultimately responsible for the contractual relationship with the Third Party Supplier.
3. DELECON™ DESIGN CO. is not responsible for forming any contractual relationship on behalf of the client.
5. Payment and Billing Terms
1. The charges for the services are set out in the Estimate accompanying these terms and conditions or as amended or updated by DELECON™ DESIGN CO. and communicated to the Client.
2. Payment should be made by cash or cheque with supporting guarantee card or bank transfer.
3. All Cheques should be made payable DELECON™ DESIGN CO. Or as confirmed by DELECON™ DESIGN CO.
4. All payments DELECON™ DESIGN CO. are due immediately upon presentation of invoice, except where the invoice is sent via post/mail/hard copy where payments shall be payable within 5 working days from the date of the invoice
6. Cancellation and Termination Policy
1. The Client has the right to cancel this contract (the “Contract”) at any time up to the end of seven working days after the day on which the Contract is concluded, subject to the following provisions. A working day is any day other than weekends and bank or other public holidays.
2. The client does not have the right to cancel the Contract if the supply of the Service begins with the Client’s agreement before the end of the seven working day cancellation period.
3. Once the client has notified DELECON™ DESIGN CO. that the Client is cancelling the Contract DELECON™ DESIGN CO. will within 30 days refund the Client for the Services as set out in clause 7.5.
4. Following the 15 day period set out in clause 7.1 to 7.7, the client has the right to terminate the contract at any time giving notice in writing DELECON™ DESIGN CO. The Client will be liable to pay DELECON™ DESIGN CO. for the services provided to the date of Termination (including but not limited to Services already performed, goods and materials supplied or ordered on the Client’s behalf, any services that may incur cancellation fees and any travel or accommodation costs incurred by DELECON™ DESIGN CO. Consultants).
5. A delay by either party in acting on a breach of this contract will not be regarded as a waiver of the breach. If either party waives a breach of the Contract by the other, the waiver is limited to the particular breach.
6. Termination of contract will not affect either party’s outstanding rights or duties, including DELECON™ DESIGN CO. right to recover any money owing to it under these terms and conditions.
1. DELECON™ DESIGN CO. shall have no Liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any information or instruction supplied by the client which is or are incomplete, incorrect or inaccurate.
2. DELECON™ DESIGN CO. shall not be liable to the Client for any unforeseeable loss or damage arising from the provision (or non-provision) of the Services, including loss of profit or consequential loss or damage.
3. Neither DELECON™ DESIGN CO., nor the client shall be liable for any failure to perform its duties under this Contract due to circumstances beyond its control, including without limitation flood, fire or otherwise adverse weather conditions.
4. To enable DELECON™ DESIGN CO. deal with any complaints that may arise relating to the Services, the Client must provide full details of any complaints within 15 days of the supply of the relevant services.
5. DELECON™ DESIGN CO. shall be wholly Liable to keep project initiated /appointment amount of Rupee 1 lac(Indian Currency) for beginning site surveys & making 2D drawings & estimation for presenting to its client.
6. DELECON™ DESIGN CO. shall not be liable or blamed for delaying due to failure of decided payment slabs.
8. Data Protection
1. DELECON™ DESIGN CO. Will only use personal information provided by the Client for the purpose of providing the Services, or for informing the client of the availability of similar services, unless the client agrees otherwise.
2. The Client can correct any information, or ask for information about the Client to be delayed, by giving written notice to DELECON™ DESIGN CO. at the following address:- DELECON™ DESIGN CO., Bhoomi Mall, Office unit no.126,Palm Beach Road, Sector 15, C.B.D.Belapur, Navi Mumbai-400614,Maharsahtra,India or by email to delecon™ firstname.lastname@example.org
3. We have taken every measure to prevent internet fraud and ensure data collection from you is stored as securely as possible. However, we cannot be liable in the event of a breach in our secure computer servers.
1. The copyright, design right and all other intellectual property rights in any materials and other documents or items prepared or produced for the Client by or on behalf of DELECON™ DESIGN CO. in connection with the Services shall belong to DELECON™ DESIGN CO. absolutely and any such materials, documents or items shall be or remain the sole property of DELECON™ DESIGN CO
2. DELECON™ DESIGN CO. shall be permitted to use photographs of the Client’s property which demonstrates the Services provided by DELECON™ DESIGN CO. for its own marketing purposes.
3. The client shall be entitled to use any such materials, documents or other items as are referred to in paragraph 10.1 in connection with the Services but shall not be entitled to copy any such items or use them for any commercial purpose.
1. DELECON™ DESIGN CO. may assign or sub-contract the Contract if this is necessary for Operational reasons or in connection with a business transfer or reorganization. Otherwise, the contract is not transferable by either party.
2. Nothing in this Contract gives any right to any third party to enforce any provision under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
3. These Terms and Conditions and the Contract will be subject to Indian law, and the Indian courts will have jurisdiction in respect of any dispute arising from the contract nationally.