The terms “We” / “Us” / “Our”/ ”Company” individually and collectively refer to TECQUIRED ONLINE SERVICES PRIVATE LIMITED and the terms “Visitor” / ”User” / ”Customer” refers to the users.
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 The Company unless terminated earlier or extended pursuant to the Flexi tenure policy.
2. FLEXI TENURE POLICY
The Company 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 the company, any time prior to the date the Customer wishes to close the order. The company provides its Customer with different daily/weekly/half monthly/monthly rental rates depending on the tenure of the Agreement at the time of order placement.
For extension of the term beyond the Agreement tenure by the Customer, the daily/weekly/half monthly/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 company website and such extension or early closure shall be deemed to be pursuant to this Agreement. The company reserves the right to revise the rental rates at any time at its sole discretion.
The invoice shall be raised by the company on the 1st day of the rental tenure and the due date for payment shall be the same date as the due date (“Due Date”). The 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 2nd day of the due date of the pending amount. In case the Products are delivered anytime during
the tenure, the first installment shall be calculated on a pro-rata basis from the date of delivery until the last day of the tenure. In case
of order expiry or termination or early cancellation, the last tenure rental shall be calculated on a pro-rata basis until the date of pickup
of the Product from the Customer.
The Customer shall make all payments to the company only. The company shall not be liable for any payment made to any broker/third
party by the Customer. the company reserves the right to share information with credit rating agencies pursuant to Clause 13 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 the Company 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 the company or does not return the
Products and is not traceable, in addition to any other right of the company, the Customer agrees that the company shall have the right to
reach out to the Customer’s relatives, friends, employer, offices and shall inform them about the Customer’s default. The Customer
hereby agrees that the company shall not be liable for any inconvenience or loss caused to the Customer for such action by the company.
5. ORDER CONFIRMATION
On receipt of the order and the Security Deposit, The company shall confirm the order with the Customer by sending a confirmation
(subject to successful verification of KYC) to the registered e-mail address of the Customer. In the event, any product selected by the
Customer is unavailable, The Company shall inform the same to the Customer. The Company 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. Mere
payment of the Security Deposit shall not be considered as a valid contract. In the event, the Customer does not accept the substitute
Product, if the payment has been made a credit note of the same value minus the transactions processing charges, delivery and pick up fees, COD fees would be processed under the customers’ account.
The order raised by the Customer shall be processed subject to successful verification of the KYC and serviceability of the Customer
location as per The Company Policy. In case the KYC verification is not successful, or the location is not serviceable by The Company,
The Company 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 The Company, any amount
paid by the Customer shall be refunded as a credit note to the Customer in their registered account with the company.
The Customer authorizes The Company 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.
On confirmation of the order by the Customer, The Company shall deliver the Products to the location specified by the Customer. The
cost of the delivery shall be borne by The Company. The Customer shall be present at the location at the time of delivery agreed between
The Company and the Customer. 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, The Company shall charge an extra delivery cost to the Customer.
The Company 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 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, The Company 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, The Company shall not be responsible towards
replacing the Product and shall levy damage fee to be ascertained as per the damage policy below.
The Company shall provide the service for the Product during the term of this Agreement. In case any service is required for the Product,
the Customer shall raise the request for the service, however, The Company shall try to resolve the issue over call, in case the same is not
resolved, The Company shall send its representative within 2-5 days from the date service request raised by the Customer to assess the
service requirement of the Product, in case the issue cannot be resolved at the Customer Premises, The Company representative shall pick
up the Product from the Customer and shall deliver a temporary basic product to the Customer. As The Company is not an authorized
service provider of the Product manufacturer, The Company shall submit the Product with the authorized service center of the
manufacturer and shall inform the duration required for service to the Customer. Once the original Product is repaired, The Company shall
deliver the original Product to the Customer and shall collect the replacement product from the Customer.
The Customer shall be liable to pay for any quality assessment check (QC) cost incurred by The Company or any service charges incurred
by The Company for the service. In case of a manufacturing defect, the Customer shall not be liable to pay the charges for such service. Any
service arising out of damage as per clause 8, the Customer shall be liable to pay for such damage.
In case the service is due to a manufacturing defect, the Customer shall be charged the monthly rentals on a pro rata basis for the number
of days the Product is used by the Customer. In case the service is due to the damage done by the Customer, then the Customer shall
be liable to pay the rentals for the entire duration the Product was in service., however, in case the service period exceeds 30
days, the Customer shall not be liable for the duration the Product was under service.
8. DAMAGE /LOST
The Customer shall be liable to pay for any damage (including but not limited to dent, scratches, breakage, chipping, cracked ports,
jailbreak of device, exposure to liquid or dampness or moisture or sand, hardware and software tampering including jailbreak, rooting,
unlocking boot ROM, bending of Product frame, modifications, unauthorized repairs, tampering of the Product serial number and
malware installation or any other cause not arising due to manufacturing defect of the Product) of the Product, up to the existing market value of the Product, at the time of such damage.
In case the product is lost (including but not limited to robbery, theft, misplacement) by the Customer, the Customer shall intimate
The Company immediately and the Customer shall either file a first information report (“FIR”) with the jurisdictional police station and
share the copy with The Company or shall assist The Company in filing the FIR. The Customer shall be liable to pay a penalty amounting to
the existing market value of the Product, at the time of such incident.
The Company reserves the right to inspect the Product delivered to the Customer during the final pick up of the Product at the end of the
term or earlier termination (as the case may be). The Customer shall co-operate with The Company to carry out the necessary quality
checks of the Product at the time of pickup of the Product. The Company shall provide a quality check report to the Customer, in case any
damage is found to the Product at the time of reverse pickup, the Customer shall be liable to pay for such damage. The Customer
hereby agrees that, in addition to doing the QC at the Customer’s premises, The Company shall conduct a QC at its warehouse/service
center, and in case any additional damage is found, the same shall be informed to the Customer and shall be binding on the Customer.
The Customer is hereby informed that during service any data stored (including but not limited to contacts, images, videos, files,
software, and passwords)in the Product will be deleted and reformatted. The Company shall not be responsible for any loss of software
programs, data, or other information contained on the Product. Further, the Customer shall be responsible for deleting and backing up
any data stored on the Product before returning the Product to The Company. In the event, Customer fails to delete the stored data or
take back up of the data, The Company shall delete all the data stored on the Product. The Customer hereby agrees that The Company
shall not be liable for any loss of data stored on the Product or any economic consequential damages including lost profits. The
Customer shall be responsible for removing any personal assets in the Product before submitting it to The Company
The Company reserves the right to install any software for tracking the location of the Product, games, and any additional services needed by the company. The Customer hereby agrees to such
installation of software in the Product. The Customer shall not uninstall or stop service of such software installed on the Product under
any circumstances. However, in case the software is deleted due to any update of firmware, the Customer shall immediately inform the
same to the Company.
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.
The Company shall have the right to immediately terminate this Agreement in the following events:
a. default of payment of rental dues or any other payment dues by the Customer; or
b. breach of any of the terms of this Agreement.
Consequences of termination:
The Company shall have the right to take possession of the Products delivered to the Customer immediately;
1. Any payment pending from the Customer shall become payable immediately to The Company.
2. In the event, the remaining rental amount is not sufficient to cover the damage to the Product,
The customer shall be liable to pay an additional amount for such damage.
3. In case of termination due to non-payment of rental dues, The customer would need to make the immediate payment of all dues within 24 hours of the intimation.
Notwithstanding any other terms of this Agreement, The Company shall have the right to terminate the Agreement without any cause
by providing 30 days’ notice to the Customer.
12.OWNERSHIP OF PRODUCTS
The Company 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 The Company if any of the Product is about to become liable or is
threatened with seizure and the Customer shall indemnify The Company against all loss and damage caused by such action against its
The Customer shall not assign or transfer any interest in this Agreement or the Products without the written consent of The Company.
Any such transfer or assignment shall be considered as illegal and hence a violation of the terms of this Agreement.The Company 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.
The Customer shall indemnify, defend and hold The Company 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 The Company 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 The Company be liable for any direct, indirect, special or consequential loss or damage arising out of Customer’s use of the
This Agreement shall be governed by the laws of India and shall be subject to the exclusive jurisdiction of courts in Mumbai.
This Agreement (together with the Annexure) constitutes the entire agreement between The Company and the Customer. The
acceptance of this Agreement also signifies the acceptance of the Customer, to the terms and conditions on The Company website.
the terms and conditions on The Company website shall supersede. The Company reserves the right to amend the terms and
conditions of this Agreement and on the website from time to time, the customer is requested to check the website for updates of terms
17. LIMITATION OF LIABILITY
In no event shall The Company 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 The Company’s total liability to Customer shall not exceed the total amount of 1 (one) term rental
collected from the Customer.
18. ADVANCE RENTAL
Any advance rental amount credited to your The Company bank account will not be eligible for a refund only credit notes would be issued. Although, the same
can be used for any existing or future subscriptions with The Company
TECQUIRED ONLINE SERVICES PRIVATE LIMITED. reserves the right to cancel any orders completely or partially before delivery without prior information & in such
scenarios, we’ll initiate the credit note process for the amount paid and the Customer will receive it in their source account on the site
within 7-10 working days.
Any current/future orders placed by the Customer has no connection with any of his/her previous orders.
The Company 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, The Company 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 The Company to share the details of the Customer with
such a third party.