A client agrees to be bound by these general terms & conditions which shall come in effect as governing principle in managing the relationship between Estate Management Solutions (here after referred as the "company") along its related body corporates currently in existence or that may come into existence in future during the period of the relationship with the client.
For each of the specific services which the client engages the company to offer its services, a specific contracts shall be signed between the parties defining in details all the terms of engagement. The client is strongly advised to read and understand all terms and conditions stated therein before engaging our service.
We are Excelsia Estate Management Solutions Pvt Limited, a private limited company with its registered office at PGN 4- 1202, Palm Gardens, Sector 83, Gurugram, Haryana- 122004, India. We can be contacted as per the contact details provided in the website.
Following the initial consultation and provided the client offers to engage our services and subject to our acceptance, we will email you to confirm the contact. Your order shall only be deemed to be accepted when we issue you with acceptance of the contract at which point and on which date a legally binding contract shall come into existence. The services shall commence on the commencement date set out in the relevant contact signed. After the initial consultation before engaging our service, any subsequent multiple consultation may attract a consultation fee at the rate to be informed prior to the consultation to be paid in advance. Such fee may be waived solely at the discretion of the company.
We reserve our rights to refuse to accept any request for service (order) for any reason whatsoever including, without limitation, if we have do not believe that the person in discussion is a consumer or we are concerned about any negative impact to our business or brand. Nothing provided by us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that we may at our discretion, accept or refuse.
We will provide the Services with reasonable skill and care, in accordance with the relevant contract signed by both parties.
Although we shall take all reasonable steps to avoid any delay or interruption of our services, however in any event of this happening due to reasons beyond our control, we shall keep client informed and also take all steps that is possible to minimise its effect. Provided we do it, we shall not be responsible for any damages. If the delay in resumption of services is beyond a reasonable period, the client can propose to cancel the contract and seek refund for any amount paid but for which the service is not yet rendered.
The client is responsible to provide all information that is required by the company to render the service for which the contract has been signed with company. The company shall before commencement of service as stated in the contract may seek all the required information. Also the information may be sought after the commencement of the contract as required to maintain an uninterrupted service. Failure or delay to provide such information may result in termination of the contract or delay/interruption of service provided for which company shall not be responsible. If due to delay in information provided by the client any additional work is required to be done or there is a loss incurred by the company, the same shall be billed to the client.
The company should have access to the property to provide with any service for which it has been engaged for. A failure on the part of the client to do so may result in loss of time for the company and shall attract additional cost. If despite the best effort to contact the client and seek any remedy to this situation is not achieved, the company shall terminate the contract without any further recourse towards it by the client.
We value all our esteemed clients and thank them for their business. However, we also respect all our employees, associates, contractors or any such person who are engaged by us to provide service on our behalf to our clients. Any abuse, act of violence whether physical, verbal or both shall be viewed very seriously by us and we reserve our rights to suspend the service and terminate the contract without any recourse to us and also seek any legal remedy as deemed necessary.
If there is any amount outstanding from the client towards any service rendered, unless it is settled, further service shall stand suspended with the penal interest payable as per mentioned in the contract. For outstanding which is overdue for beyond a reasonable period and if the situation is not rectified by the client forthwith, the contract may be terminated at the sole option of the company without any effect on the right to recover the unpaid amount.
There should be an authorised representative of the client present at the location if the client is not available to be able to provide with the services.
The client by signing a contract with the company undertakes that it is the legal owner of the property or the client has authority and permission from the legal owner of the location where the service is to be provided for the representative of the company to enter the premises. The company shall not take any responsibility to verify any such legal title/authority/permission and shall stand totally indemnified of any action if such undertaking of the client is untrue.
If there is any interruption to the service due to technical problem or due to any temporary restrictions imposed by the government or local authorities, building management or any such event, the service may be temporality suspended. The company shall issue a notice to the client in this respect. If the interruption to the resumption of services is un-determinable or beyond a reasonable period, both parties can mutually decide to terminate the contract with no damages payable to the client except for the refund of amount paid in advance less any cost already incurred but services not yet rendered.
The price of our services shall be subject to applicable taxes as and that can be changed at any time. The taxes applicable shall as per the date of the invoice raised.
Non-Circumvention - The client undertakes that unless expressly permitted by the company in writing, the client or any of its representatives shall not directly or indirectly
Force Majeure - The company shall not be liable for any failure or delay in performing its obligations where that failure or delay results from any cause that is beyond its reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond our reasonable control.
All disputes arising out of the contract signed between the company and the client shall be discussed mutually and resolved within a reasonable time in a friendly manner. Any failure to settle the dispute mutually may be referred to the court of Lucknow, State of Uttar Pradesh, India only who shall have the sole jurisdiction over the contract signed.
The general Terms & Conditions stated above can be changed at any time at the sole discretion of the company.
