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Business Terms and Conditions

Alacritys > Business Terms & Conditions

Last Updated date 04-11-2023

Table of Contents

INTRODUCTION

Our prices include taxes. All customers are expected to pay taxes and duties following government regulations and rates. We help our customers with financial loans and services, but the terms of these are solely at the discretion of the service provider.

  • Taxes and Duties:
    All Alacritys product pricing (except consultancy fees) is inclusive of taxes. The taxes have been mentioned in your estimate and will be charged at the time of billing at each stage as per prevailing government tax rates.

  • Financial Services:
    Alacritys only facilitates financial loans and services. Approval, processing and terms of the loans and services are at the sole discretion of the financial entity/partner/service provider.

1. DESIGN COPYRIGHTS

Short Description –

All designs shared are the exclusive copyright of Alacritys and cannot be used, installed and/ or shared without prior written consent from the company.

Details –

  • All designs shared with the Client at any stage of the customer journey are the exclusive copyright of Alacritys. The designs are shared with the intent that the order for the same is placed and executed by Alacritys.
  • Any designs shared by Alacritys cannot be used, installed and/ or shared in any way or form without the prior and written consent of Alacritys.
  • Personalized design presentations will be shown to the Client through the WhatsApp group created by the Admin/ Designer. These will be shared on whats app group only after 50% of the payment has been made towards the Design Fees.

2. REVISIONS OF DESIGNS:

Short Description –

After consultation between Alacritys’ certified Designer and Client, all design proposals are made. There will be a maximum of 5 to 6 discussions and revisions on the layout making. Later on, the Client is expected to approve the final one.

Details –

  • Once the layout gets approved, 3D and 2D work will start. The Client is allowed to request two major and four minor 3D design changes if really required, such as changing the finishes or adding or removing furniture items.
  • Post-kickoff site measurements are final. Any differences will add to the project cost. Client-signed GFC/BOQs are final and changes will impact the project quotation and timeline.
  • Alacritys shares a design proposal after consultation with the client. Revisions are allowed within the design service days listed in the proposal.
  • If the design proposal is not what you expected, you can request one to two revisions within the given timeline. This will add to the number of Design service days and you will be charged additionally.
  • 3D images are for representation purposes only and may not be 100% accurate. There may be a 2-20% variation between the 3D images and the actual product. Alacritys cannot be held accountable for this.
  • Designers’ measurements/counts for any site work are not final. Measurements taken after the kick-off and verified by the Project Manager/Contractor will be considered final, and any differences will be paid for by the Client. Additionally, any changes requested in the design after the kick-off will extend the design, production, and execution timelines.
  • Once the Client has signed off on GFC drawings or estimate/ quote, it is considered final. The Client should clarify any questions they have with the Designer if they do not understand the drawings or the quote. The client must also ensure that the Designer has included all of the changes or additions they have requested.
  • If a change is requested in the GFC after sign-off, the Client will be expected to pay the difference and allow for new timelines to complete the project. The project Design and Management fee is to be paid to Alacritys’ account.
  • The fee is levied based on the given presentation at the beginning including your taste for the interior style, your budget, & the Estimation that Alacritys share at the 1st stage along with the Design proposal.
  • The fee is applicable on all items (inclusive of modular and on-site services).

3. DELIVERY AND PENALTY FOR DELAYS / QUALITY PROBLEM(S)

Short Description –

Your order for modular furniture will be executed & delivered as per the timelines discussed; however, we are not responsible for delays due to external reasons.

Details –

  • Changes made to your designs can impact delivery time. The start date of the project is when 50% Design work payment has been released by the Client.
  • The end date is when the Client releases the remaining 50% of the Design work and does a final sign-off on all drawings, and the scope of work has been given by the Client.
  • Delay compensation will be applicable in case of delays due to Alacritys’ error. The company will pay Rs.20,000/ per month on a pro-rata basis for all the days of delay beyond the handover date and after a grace period of two weeks.
  • We guarantee delivery on or before the assured date. Delays may occur due to third parties, force majeure, or changes to your order.
  • When we commit to completing your project in 45 days/ 60 days/ 90 days or so on, it is the period for executing the project after the Design sign-off. The start and end dates are defined in the agreement w.r.t. Execution.
  • The timelines for Design are in addition to what has been stated above for the execution phase.
  • The project will start on the day that Alacritys’ Account Team receives a 40% advance payment of the project cost (excluding our fee), as per the estimate.
  • The project completion date is when the Client signs off on as-built drawings and the scope of work, and we receive the final 5% payment.

After the realization of the 1st stage advance consultancy fees, i.e., 50% Design fees, the following activities will take place:

  • Scheduling of site measurement, survey and recording of team’s visit to the site. Please note that this step is dependent on site readiness, which the Client has to confirm with the company.

Assigning a Designer and a Project Manager –

  • Designer’s first call with the Client –
    The first meeting at the site will be scheduled within 7-10 days after the first furniture layout is produced, if possible and convenient for both parties.
  • Project Manager roles –
    The project manager will oversee the site supervisor, contractors, and designers. The site supervisor will visit the site as needed. If the client requires full-time supervision, they can hire the project management team on a monthly salary.
  • Delays –
    Any delays caused because of the Client’s vendors, site readiness, payment delays, client’s material selections not completed, delays caused by the builder, delays by the Client in accepting quotations and other delays because of client dependencies in the design service days and/ or because of force majeure conditions will not be considered in the delayed days.
  • Compensation –
    Lay compensation will not be applicable if the Client moves into the property and then if some snags/works are pending.
  • Penalty –
    In case of delays due to Alacritys’ errors, Alacritys will pay Rs. 20,000 per month on a pro-rata basis for all the days of delay beyond the handover date, and after a grace period of two weeks.
  • Damages –
    Alacritys will not be held responsible for damages caused during the installation, fixing or moving of Client procured material such as flooring material, electrical/ plumbing fittings, appliances, hardware, or miscellaneous fixtures/ materials.
  • Delay Compensation –
    The company will not provide any other compensation besides the delay compensation that is stated above.

4. DESIGN CHANGES DUE TO TECHNICAL NON-FEASIBILITY

Short Description – Contractors that work on the project can be categorized as – Alacritys’ vendor, Client’s vendor, Alacritys’ referred contractors, and Alacritys’ employees’ referred contractors. Alacritys is completely responsible for the works undertaken and the warranty terms are applicable as enumerated in the company’s Warranty Policy. The company is not responsible for the work or any damage caused by contractors in other categories as listed above.
  • At the time of execution, there may be Design changes due to site conditions, material changes and/ or technical non-feasibility. The Client will need to approve these changes when brought to their attention by the Designer/ Project manager and the implication(s) thereof. Quotations may change through the process until the project reaches the sign-off stage and the Client pays 95% of the total budget amount.

5. MATERIAL CHANGES

Short Description – The Client can make changes to the materials selected up to the design sign-off stage. Any material changes made after the payment of complete Design fees will incur the cost of the works undertaken and might increase timelines.
  • Materials can be changed with the Client’s approval because of the –
  1. Case of material unavailability (after earlier confirmation is received).
  2. The quality of what was selected by the Client changed during procurement.
  3. Alacritys is not happy with the quality provided by the vendor.
  4. Finish and material selections must be done with Alacritys & take approval together.
Details –
  • Materials may become unavailable by the time the project reaches the installation stage. If the chosen material is not available from the supplier (for reasons beyond our control), Alacritys will not be liable to pay compensation for delays. Additionally, if the customer is asked to choose an alternative finish, they must do so immediately to avoid unnecessary delays in execution and/or production.
  • If the vendors are from the Client’s side, the Client needs to ask their vendors to provide material details & supply on time during on-site work to ensure there is no delay in work & no damage to pre-existing works during execution.

6. CONTRACTORS CATEGORIES

Short Description –

  1. Alacritys’ contractors
  2.  Client’s contractors
  3. Alacritys’ referred contractors
  4. Alacritys employees’ referred contractors

Details –

  • Alacritys’ Contractors –For works undertaken by Alacritys vendors, Alacritys will raise the relevant invoices of the stage the project is at and payments will be made to Alacritys.

    Alacritys is utterly responsible for the works undertaken and the warranty terms are applicable as enumerated in the company’s Warranty Policy.

    Responsibility for any damage/theft in your site will be taken by us only if the site is exclusively under our control and no work is undertaken or access is shared with vendors who are not appointed by us.

  • Alacritys’ Referred Contractors – A representative of Alacritys may be asked by the Client for a referral of a vendor for works that Alacritys does not undertake.

    Alacritys onboard vendors for ancillary works that are not yet within the scope of services that the company offers.

    Alacritys is not responsible for the works of Alacritys’ preferred contractor(s).

    The estimate is given directly by the vendor and the payment is given directly to the contractor. Alacritys will not give guarantees of timelines, quality or finish in such a case. Also, the Warranty Policy does not apply to works undertaken by Alacritys’ preferred vendors.

  • Client’s Contractors – Alacritys is not responsible for work undertaken by the Client’s contractor(s). The estimate is given directly by the vendor and the payment is given directly to the contractor.

    Alacritys will not give guarantees of timelines, quality or finish in such a case. Also, the Warranty Policy does not apply to works undertaken by the Client’s contractor.

  • Alacritys’ Referred Contractors – A representative of Alacritys may be asked by the Client for a referral of a vendor for works that Alacritys does not undertake.

    Alacritys onboard vendors for ancillary works that are not yet within the scope of services that the company offers.

    Alacritys is not responsible for the works of Alacritys’ preferred contractor(s).

    The estimate is given directly by the vendor and the payment is given directly to the contractor. Alacritys will not give guarantees of timelines, quality or finish in such a case. Also, the Warranty Policy does not apply to works undertaken by Alacritys’ preferred vendors.

  • Alacritys’ Employees’ Referred Contractor – The Client may ask for references directly from the project managers, designers, carpenters or other Alacritys contracted staff and Alacritys contractors/ Alacritys preferred contractors.

    Please note that the team has been given strict instructions to not refer any vendors from their side directly. Alacritys is not responsible for such contractor’s works, quality or timeline.

    If the Client gets any commitments from them or has paid any money to them, it does not fall under the contract between the Client and Alacritys.

  • Additionally, if you direct our maintenance team during the snag or warranty period and get work done by our maintenance team on products that were not made by the Alacritys team but by your vendors, Alacritys referred contractors, Alacritys employees’ contractors and it comes to our knowledge, you will be billed for the same. *This price will not be open to negotiation.

7. VALUE-ADDED SERVICES

Short Description – Alacritys provides its Clients with value-added services including deep cleaning before handover, floor covering, and coordination with builder’s agents’ vis-a-vis furnishing details of civil, electrical and plumbing changes if any.
  • Deep cleaning of your project will be undertaken by Alacritys only once and before project handover, and on a chargeable basis.
Details –
  • Floor-covering of your project will be undertaken by Alacritys, before the commencement of works at the site, and on a chargeable basis.
  • Alacritys & the Client will coordinate with the builder’s agents concerning furnishing details of civil, electrical and plumbing changes if any. When within Alacritys’ scope of services, we will issue GFC (Good For Construction) drawings to our contractors to execute the same.

8. QUALITY ASSURANCE

Short Description –

Alacritys services result in custom-made products that are not off-the-shelf and/or standard products. Therefore mistakes in installation, vendor errors, differences in material quality/ delivery, site works etc. can occur. We commit to fixing such errors as soon as possible.

Details –

  • Please note that Alacritys services result in custom-made products that are installed at your site and not bought off-the-shelf and/ or are not standard. Despite our best efforts and precautions, errors such as differences in material quality, material deliveries, site works, installer errors, vendor errors and the like can occur.
  • These mistakes that can happen during site work, dispatch and/ or installation are rare but possible. However, we assure you of Alacritys’ commitment to deliver the product as per our policy and we undertake to fix such errors at the earliest.

9. CANCELLATION & RETURNS

Short Description –

Non-manufacturing defects/ damages post delivery of products cannot be returned or replaced. Refunds for advance paid will be paid only if approved by Alacritys and after a 10% deduction of original product value towards design/ survey and other overheads.

Details –

  • Any non-manufacturing defects and damages post receipt of delivery are not valid for returns or replacements. Customized/personalized and made-to-order furniture, purchased from Alacritys, cannot
    be returned or exchanged.
  • Any refunds for advance paid, if approved at the sole discretion of Alacritys, will be considered only after a 10% deduction of the original value of the product towards design/survey and other overheads.

10. CUSTOMER ABUSE POLICY

Short Description –

Alacritys expects the Client to respect the service provider and be courteous to all our employees. We request everyone to resist hostile or abusive behaviour in case of an unsatisfactory experience and/ or unexpected delays. Alacritys reserves the right to discontinue projects and/ or initiate legal action in the event of such behavioural circumstances.

Details –

  • Alacritys always prides itself on the paramount importance it gives to customer service. Company employees/personnel are trained to treat customers with the utmost respect in every interaction at every stage of the Client’s journey with us.
  • Despite our best efforts, in exceptional mitigating circumstances, like systems downtime, last-minute changes, and policy-related issues, our services may be impacted for short durations and we must reduce and minimize such circumstances to the maximum possible extent.
  • The company expects the Client to respect its service provider and be courteous to the employees of the company.
  • We request Clients be mature in their understanding of the situation and resist resorting to hostile and abusive behaviour. In such behavioural circumstances by a Client, the company reserves its right to take all such steps that may be deemed fit including, discontinuation of the project and/ or initiating legal action civil and criminal.

11. MILESTONES AND PAYMENT TERMS FOR PROJECTS

*Payment Terms Structure for the items that get added to Interior work –

  1. Design and Consultancy –
  • 50% – Before starting the Design work
  • 50% – At the time of approval of the GFC Design work
  1. On-Site Work –
  • 40% – To start the site work
  • 30% – To start the furniture finishes work
  • 25% – To start the painting work
  • 5% –  To start the furnishing and artifacts work

*Payment Terms for the items that get added to Civil and landscape work –

  • 50% before starting the Design work
  • 50% to start the Site work

*All payments once made at each stage are non-refundable and non-redeemable.

12. PHOTOGRAPHING COMPLETED WORKS

For the architecture & interior designer’s portfolio of works, the Client must agree to allow the Designer (Alacritys) to photograph and take videos of the project through all its stages of work and after the project is completed which means that the client will allow for ‘before and after’ pictures.

If the photographs are used for business or publicity reasons like posting online, on social media, or for marketing and advertising, Alacritys will agree not to disclose the client’s name or address without prior consent.

We recommend the Client cooperate with us by letting us take the video shoot along with the Client’s live testimony and this would be added to the Video of your completed site.

13. BLOGGING GUIDELINES

Short Description –

Alacritys platform encourages users to contribute to our architecture and interior design community through blogs and discussions. To maintain a respectful and informative environment, we have established the following guidelines for blogging:

Details –

  • As a contributor to our blog, you are solely responsible for the content you post. This includes articles, comments, and any other form of user-generated content. Please ensure that your contributions are accurate, appropriate, and compliant with our guidelines.
  • We value constructive and respectful dialogue. Please avoid any form of hate speech, personal attacks, or discriminatory behavior. Treat others with courtesy and respect their opinions, even if you disagree.
  • When submitting a blog post, ensure that it is your original work, or you have obtained the necessary permissions for any third-party content used. Plagiarism and copyright violations will not be tolerated.
  • Blog posts and comments should be relevant to the topics of architecture, interior design, or related discussions. Off-topic or spam content may be removed.
  • Do not use the blog or comments section for blatant self-promotion or commercial purposes unless explicitly allowed by Alacritys. If you wish to advertise or promote products or services, please contact us for advertising opportunities.
  • Use appropriate language and maintain a professional tone. Avoid excessive use of profanity or offensive language.
  • Do not share personal information, including contact details or sensitive information, in your posts or comments. Respect the privacy of others as well.
  • Alacritys reserves the right to moderate, edit, or delete any content that violates these guidelines. We also reserve the right to suspend or terminate the accounts of users who repeatedly violate these rules.
  • If you encounter content that you believe violates our blogging guidelines, please report it to our moderation team at contact@alacritys.in

By contributing to our blog, you acknowledge and agree to adhere to these guidelines. Failure to comply may result in the removal of your content and potential account suspension.

We appreciate your participation in our architecture and interior design community and thank you for helping us maintain a positive, informative, and respectful atmosphere.

14. ACCEPTANCE OF TERMS

Short Description –

By accessing or using this website Alacritys, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions, you must not access or use this website.

Details –

  • These Terms and Conditions constitute a legally binding agreement between you and Alacritys regarding your use of this website. It is important to carefully review and understand these terms before proceeding.
  • Alacritys can change these Terms and Conditions at any time. Your continued use of the website after any changes means you accept them.
  • In addition to these Terms and Conditions, your use of specific services or features on the website may be governed by additional policies or guidelines. All such policies are incorporated by reference into these Terms and Conditions.
  • By accessing this website, you represent and warrant that you are at least 18 years old. If you are under the required age, you may only use the website with the consent and supervision of a parent or legal guardian.
  • Alacritys reserves the right to terminate or restrict your access to the website for any reason, without notice. This includes but is not limited to, violations of these Terms and Conditions or other policies like terms of use, and any illegal or harmful activities on the website.
  • If you have any questions or concerns about these Terms and Conditions, please contact us at contact@alacritys.in.

Your use of this website is subject to these Terms and Conditions, as well as our privacy policy and any other relevant policies like disclaimers, etc. Please review all documents carefully and ensure that you understand and agree to them before using this website.

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