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AGREEMENT WITH CONTRACTOR
1. GENERAL 1. The Providers whose services are advertised in the Website/App, are procured for You by Ensure Secure Services Private Limited (“Contractor”).
2. Your use of the services of Providers found through the Website/App is governed by this agreement (“Agreement”) between You and the Contractor. By availing of the services of Providers found through the Website/App, You agree to be bound by the terms of this Agreement.
3. All capitalised terms not specifically defined in this Agreement shall have their meaning set out in the Terms of Use available at https://www.utimatic.com/terms.
4. In this Agreement, You and the Contractor are individually referred to as “Party” and collectively, as “Parties”.
2. Your Obligations 1. You represent that You, while booking a service in the Website/App, have provided the correct address of the premises at which the services of the Provider availed by You, is required (“Premises”).
2. You represent that the description of the services required by You through the Website/App, including the time and price at which such services are required, is complete and accurate.
3. You agree that You will give the Provider access to the Premises while carrying out the services during regular business hours and any additional mutually agreed upon time. You shall ensure that the timings chosen by You are such that they avoid inconvenience to individuals occupying the Premises, to the extent practically possible.
4. You represent that You have obtained all required authorizations and permits for the services to be performed at the Premises. You represent that the services required shall be in compliance with all applicable laws, rules and regulations.
5. You agree that You will pay the Provider the Transaction Fee agreed upon by You and the Provider before the commencement of the services availed of by You through the Website/App.
6. In addition to any rights or remedies provided by law, if You fail to pay such Transaction Fee when due, the Contractor has the right to treat such failure as a breach of this Agreement and may terminate this Agreement and/or seek legal remedies.
3. The Providers 1. The Provider will perform the services on the date and time selected by You within the Website/App or on a mutually agreed upon schedule, at the Premises.
2. The Provider will provide services and meet its obligations under this Agreement in a timely and workmanlike manner, using knowledge and experience, which will meet the applicable generally acceptable standards. (S)he will provide such service without causing disturbance to individuals occupying the premises, to the extent practically possible.
3. The Provider will carry his/her own basic materials, equipment, tools and other resources as is routinely required to provide the services requested by You in a Transaction and the Contractor is not responsible for the quality and effectiveness of any such materials and equipments.However, if any additional or specific materials, equipment, tools or other resources are needed for the Transaction, You may be required to procure such materials and equipments at your own cost, for the completion of the services in the Transaction.
4. You may inspect the result of the provision of services for the purpose of determining that the Transaction agreed upon by You and the Provider is complete. This right to inspect the services includes the right to make suggestions or recommendations as to the details of the work undertaken. However, any alteration or deviations in the scope of services to be rendered will constitute a fresh Transaction which will attract a separate Transaction Fee.
5. The Contractor makes best efforts to ensure that only qualified and experienced Providers are enlisted with Utimatic, who are then sent to the Premises based on Your selection. You are encouraged to thoroughly enquire and understand the services to be provided prior to giving confirmation to the Provider to provide the service. This is the reason You are given the opportunity to interact with the Provider before confirming the service.
6. Except as stated above in Clause 3.5, the Contractor is not responsible for the quality of the services of the Providers and assumes no liability for any loss, damage or injury to person or property, arising from such service. Further, the Contractor offers no guarantee that the services will fulfil all Your requirements.
7. You are advised to take common precautions and exercise judgment with all Providers, as You would with any service provider You allow into Your home.
4. Termination 1. Either Party may terminate this Agreement by cancelling the Transaction within the Website/App.
2. The Contractor may terminate this Agreement in accordance with Clause 2.6, in the event that You fail to pay the entire Transaction Fee when due.
3. Any payment for the services performed prior to such termination, owed by You to the Provider shall be due and payable at the time that the Agreement is terminated.
5. Force Majeure 1. If performance of this Agreement or any obligation under this Agreement is prevented, restricted or interfered with due to causes beyond either Party’s reasonable control (“Force Majeure”), and if the Party unable to carry out its obligations under this Agreement gives the other Party prompt notice of such event, then the obligations of the Party invoking this provision shall be suspended to the extent necessary by such event. The term “Force Majeure” shall included, without limitation, act of God, fire, explosion, vandalism, storms, earthquakes or other similar occurrences, orders or acts of military or civil authority, or by national emergencies, insurrections, riots or wars, strikes or lock-outs or work-stoppages, civil disturbance, inability to access the Premises, disruption of public transport or governmental or regulatory delay, modification, denial or refusal to grant or renew, or any revocation of any required permit or approval.
2. The excused Party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform its obligations with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a Party, if committed, omitted or caused by such Party.
6. Miscellaneous 1. The Contractor may, at any time, transfer rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of its affiliated companies or divisions, or any entity that acquires the Contractor or any of its assets.
2. If any provisions of this Agreement are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
7. Limitation of Liability 1. In case of any liability payable by the Contractor under this Agreement, it shall be at actual cost, however, the liability shall not exceed the Transaction Fee paid by You towards carrying out the services, giving rise to a claim against the Contractor under this Agreement.
2. Notwithstanding anything to the contrary in the Agreement, in no event shall the Contractor be liable, whether in contract, tort, or otherwise, for special, punitive, indirect or consequential damages, including, without limitation, loss of profits or revenues, or loss or defect in any property arising under or in connection with this Agreement.
8. Limitation of Warranty 1. Notwithstanding any clause of this Agreement and to the maximum extent permitted by law, no warranty, indemnity, representations, conditions, obligation or liability of any kind, either expressed, implied, statutory or otherwise, including but not limited to, any implied warranties or conditions of merchantability, satisfactory quality, title or fitness for a particular purpose is being given or undertaken by the Contractor, nor should any such warranty, indemnity, representations, conditions, obligation or liability be deemed to be given or undertaken by the Contractor in relation to any Transaction entered into by You.
2. The Contractor does not warrant that operation of its offerings will be uninterrupted or error free. You bear the entire risk as to the results, quality and performance of the service should the services prove defective.
9. Dispute Resolution 1. Courts in [●] shall have the exclusive jurisdiction to deal with all matters arising out of or in connection with this Agreement between You and the Contractor.
2. This Agreement shall be governed by the laws of the India.