TERMS AND CONDITIONS
1. DEFINITIONS:
Certain words in this Subscription Contract have a specific meaning and are explained below:
a. Account Balance: the current available amount in Customer Account.
b. Activation: means activation of the Service under the terms of this contract, after Installation of the Unit including provision for service for upgrade at the Address.
c. The balance units left in the Customer Account carry forward onto the next month only upon subsequent subscription renewal of limited plans. However, such carry forward of balance units of water can only occur once after the initial subscription fee is paid. The maximum upper limit for carry forward the balance units left in the Customer Account shall be 5,000 litres in all limited plans in a year. We may change the maximum upper limit without any prior intimation.
d. Grace Period: the period starting from the notified due date i.e. the date on which Customer Account is due for recharge until the date the service of costumer is deactivated for failure to maintain the Minimum Account Balance.
e. Helpline: MS SAP Communication Smart Homes Call Centre.
f. Installation: set-up of the Unit at the Address.
g. Minimum Account Balance: the Subscription Fee required to cover at least 1 day of subscription of the costumer chosen Service (in case of monthly subscriptions) or total value of the customer chosen Service (in case of Long Duration Subscriptions or showcase events)
h. Package: any package for providing specific units of Water which may be offered by MS SAP Communication Smart Homes, and selected by Customer from time to time as part of the Service.
i. Premises: Address provided by Customer for the Installation of the Unit.
j. Registration: by paying registration fee for subscription on MS SAP Communication Smart Homes website or any other mode authorized by MS SAP Communication Smart Homes.
k. Customer: shall mean a person (You) who agrees to these Terms and Conditions for availing MS SAP Communication Smart Homes Services but excludes Commercial Establishments and referred to as Customer, in this Contract and includes any person/persons who uses services under the Customer)
l. Customer Account: the personal subscription account of customer with MS SAP Communication Smart Homes for carrying out all transactions with MS SAP Communication Smart Homes.
m. Customer ID: the unique Customer identification code issued to customer for purposes of accessing Customer’s Account and availing of the Service at the specified Address.
n. Subscription Contract: this contract together with its Terms and Conditions stated on www.draquapurero.com , and the Installation Work Order and Relocation Work Order as modified and amended by MS SAP Communication Smart Homes from time to time.
o. Subscription Fee: the amount payable by customer to receive the Service.
p. RO/Unit/Product: SAP Communication RO Water Purifier. MS SAP Communication Smart Homes ASTER.
2. CONTRACT:
These terms and conditions mentioned below shall form the Subscription contract between the parties, i.e. MS SAP Communication and the Customer and shall be governing their mutual relationship and shall be binding on both parties, on their representatives, assigns, successors in interests of parties and shall also be equally applicable on all persons/entities who are using the services of MS SAP Communication under the customers.
3. DECLARATION:
By agreeing to these terms and conditions, the customer declares that:
a. He/she is an individual residing in India, above 18 years of age, fully competent under law to enter into the Contract or;
b. MS SAP Communication having its place of business in India, represented by an individual having appropriate authority to accept the Contract;
c. That all information provided to MS SAP Communication and KYC submitted are accurate, true and correct.;
d. Customer has subscribed the chosen plan after fully understanding all commitments, obligations and its suitability;
e. Before agreeing to the said terms and conditions, the customer has fully understood and accepted the present terms and conditions;
f. The customer has been notified that no salesperson or agent of MS SAP Communication is authorized to change any term of this Agreement or to make any warranties or representations about, it, oral or otherwise.
g. He/she acknowledge that the Agreement is not an offer by MS SAP Communication to sell the RO to Customer and MS SAP Communication are not obligated to accept any offer made.
4. TERM:
The Contract will commence upon on the date of Online Payment (“Registration”) and acceptance of Terms and Conditions contained herein and, will remain valid, subject to applicable Terms and Conditions till the validity of the said plan and/or continued usage of the services of MS SAP Communicationunder the subscribed plan, unless terminated prior in accordance of this contract.
5. KYC:
KYC Documents which must include Valid Photo Identity Card & Valid Address Proof and such other documents as may be called and/or required by MS SAP Communication and/or mandated by law. The customer shall be eligible to take the equipment/product under the lease product offer/scheme provided by the MS SAP Communication only once the KYC of the lessee/customer has been approved from the office of the MS SAP Communication Smart Homes. SAP Communication and/or its authorized agents shall be entitled to visit the customer and the scheduled premises for the purpose of verification. The KYC of the lessee/customer shall be reviewed by the MS SAP Communication Smart Homes within 5 working days. MS SAP Communication Smart Homes will not be liable for any incorrect information and/or document provided by the Customer, whether obtained illegally, or by means of fraud or forgery, or otherwise. The MS SAP Communication reserves the right to reject, in whole or in part, and without any liability whatsoever, any subscription offer, without assigning any reason, including for incomplete or incorrect information/documents.
6. LIMITED ACCESS:
MS SAP Communication grants the Customer, subject to payments, permission and limited access to RO and to have RO water, from the said RO for personal and non-commercial use, limited as per plan subscribed, in accordance with these terms and conditions. RO shall be commissioned at the address as shall be instructed by the Customer, which hereinafter shall be called and referred as ‘Scheduled Premises’.
7. INCIDENTAL PROVISIONS:
The customer shall be responsible for arranging provisions incidental to said RO such as, but not limited to having continued, internet connections, uninterrupted raw water supply, electricity supply and drainage for waste water at its own costs, without any right of reimbursement from MS SAP Communication will not be liable if any water and/or power supplies are faulty or incompatible and the loss or inability to use due to any defect and/or deficiency in raw water and power supply shall not absolve the Customer from the Customer’s liability to pay charges on account of the Service and/or the use of the Product. The Customer is solely responsible to ensure that the Customer has internet connection to access and/or use Product and MS SAP Communication
8. INSTALLATION:
MS SAP Communication or its affiliates shall install the Product at the location of the Customer’s premises (“Premises”) upon receipt of confirmation of the order for installation from the Customer. The Customer acknowledges that up to 7 business days may be required from date of receipt of confirmation order for Engineer to install the said Unit at the Premises. Upon installation of the said Product, the 7 (seven) day Free Trial shall commence and the Customer has the right to return the said Product within the Free Trial Period by notifying SAP Communication through its registered email ID at the registered email address whereupon MS SAP Communication shall take custody of said Product without any hindrance or obstruction from the Customer and credit payment to Customer’s Account. The Customer is entitled to verify identity of the agent/ engineer sent by MS SAP Communication for installation of Unit at Premises. The Customer acknowledges that any dispute between Customer and 3rd party upon whose premises such services are availed, will not involve MS SAP Communication and the duty to ensure necessary permissions and dispute resolution belongs solely to Customer and the third party. MS SAP Communication reserve the right to charge Customer and debit Customer’s Account, if the Engineer has visited and the Installation has not taken place because: (i) any necessary permission(s)
/authorisation(s) have not been obtained or are withdrawn; or (ii) Customer or Customer’s Authorised Representative are not present at the appointed time; or (iii) Customer has failed to furnish a valid age and address photo identification as required; or (iv) of a lack of authorized third-party services and materials required for Installation; or (v) of any other force majeure event. Orders placed on Sunday and after working hours 9:00 AM to 7:00 PM will be considered under next working day order.
9. PLAN:
As the subscription plans of RO are based on monthly basis, with supply of specific units of water (in Liters) corresponding to the package purchased by the Customer upon registration, on ‘renewal of subscription therefore the customer has to pay immediately either on the event of reaching the maximum consumption fixed or on the expiry of month term, whichever happened earlier. Also, when we talk about our UNLIMITED Plan, there is a limit of 999 litres of water usage. This limit is applied keeping in mind that if an individual drink 4 litres of water a day, 999 litres of water per month is more than enough for a mid-sized family of eight people.
In case a customer subscribes to holiday plan, the customer cannot use the water/units in this period
These services shall continue/ be determined earlier upon recharge of said package or upon non-recharge respectively, as provided by the terms and conditions set forth herein. If the customer has an excess requirement of the water consumption, then customer can recharge /top up the equipment/product as per the said requirement from the app of MS SAP Communication. The liability of the consumer to pay the monthly fees as per the agreed and subscribed plan is absolute, notwithstanding that the customer was not using the said RO or the services were suspended due to failure of customer in recharging and/or topping up of the RO.
10. CHANGE OF PLAN:
MS SAP Communication provide the Customer to subscribe to any one of SAP Communication Smart Homes service packages, for details of the service packages kindly refer to MS SAP Communication website www.draquapurero.com. Customer may migrate from a particular package to any other existing package offered by MS SAP Communication with a request in writing by way of registered e-mail and thereupon registration to a new package, as per the relevant terms and condition prescribed by MS SAP Communication from time to time. In order to change the Package, Customer must have a Minimum Account Balance and be authorised to receive the Service. The requested Package will be effective within 3 working days from the date of request. Customer will be liable to pay the applicable charges for the requested Package and such charges shall be effective from the date of migration to the said Package.
Carry-forward of the balance units shall not be transferred in case customer shifts from limited plans to unlimited plans or vice versa. In this case, the balance of units shall be considered zero.
11. PRICING, SECURITY & LOCK-IN:
The Subscription Fee shall be non-refundable and in accordance with the subscription plans as displayed on the company website and may be changed from time to time, without any prior notice. The MS SAP Communication reserves the right, to change the prices, including increase the prices or modify the plan and offer in accordance with Applicable Law. Customer must visit the MS SAP Communication Website for the updated prices, tariff plans and offers. Customer may be called to maintain interest free security deposit (“Security Deposit”), if required in accordance with the terms of the package or the offer that may be subscribed by the Customer. MS SAP Communication reserves the right to charge a Security Deposit and make reasonable adjustments to the said Security Deposit in full or in part satisfaction of any sum due from the Customer to the MS SAP Communication at any time. The Security Deposit will be refundable subject to lock-in upon expiration or termination of the Subscription herein after adjustment of any damage or sum due from the Customer to MS SAP Communication. There shall be a lock-in period of three months and Company reserves the right to modify such lock in without prior intimation hence it is advisable to visit the website time to time to avoid confusion. Further, the security deposit will not be refunded in case customer leaves the platform before the lock-in.
12. CUSTOMER ACCOUNT:
If the Customer has not utilised entire units of water per package, such balance units shall be carry forwarded (“Carry Forward”) unto the next month upon subsequent prepaid recharge. However, such carry forward of balance units of water can only occur once after the initial subscription fee is paid.
13. PAYMENTS:
MS SAP Communication reserves the right to charge the Customer additional amounts, including for relocation services, repair services, or such other offers, packages and additional services provided or associated with the Product. All payments, once paid, are not refundable unless the payment has been incorrectly drawn by MS SAP Communication, The customers are unconditionally bound to pay all amounts due under this Agreement for the minimum period of commitment in full without set-off, or counterclaim, and without any deduction in respect of taxes, unless prohibited by law or any account whatsoever. Without prejudice to MS SAP Communication right to deactivate and cancel the Service, MS SAP Communication reserve the right to charge interest at 18% per annum or the maximum rate permitted by Law on any past / current due amounts. Customer shall be entitled to only those discounts, credits or refunds as expressly authorized by MS SAP Communication reserve the right to vary the prices for the Service from time to time. The Service will be made available to Customer during the Grace Period. Prior to the expiry of any applicable Grace Period, Customer will be required to maintain a Minimum Account Balance in Customer Account.
14. TAXES:
Unless otherwise specified by the MS SAP Communication, the Customer is solely responsible and liable for payment of all taxes, duties, levies and charges imposed by or under any applicable law in connection with the Service including ROs or any associated services. Taxes collected by the MS SAP Communication from the Customer will not be refunded under any circumstances including cancellation or termination or deactivation of the Subscription for any reasons by the MS SAP Communication or at a request of the Customer.
15. PAYMENT TERMS:
MS SAP Communication never asks for any payments in Cash. The mode of payment shall be only digital and as available on the website. All payments shall be made through banking either by online transfers and/or credit-debit card and/or any other mode, in the designated account of the MS SAP Communication as shall be communicated on the registered mobile number of the customer and/or displayed/notified on the website of the MS SAP Communication, but never in cash. All Payments due to the MS SAP Communication will be debited through the Customer Account including without limitation Installation Fee, Activation Fee and Reactivation Fee. Monthly Subscription Fee towards the Selected Packages will be debited through the Customer Account on a monthly basis, unless otherwise informed by the 8984553456. Any Month-Parts will be treated as a full Month for purposes of Subscription Fee. Customer must maintain a Minimum Account Balance to ensure uninterrupted services from the 8984553456 Smart Homes. All payments shall be made in full by the due date. Any delay in payment beyond the due date will result in suspension or disconnection of the RO service as deemed fit by the 8984553456. If the Customer fails to recharge his account on time or his account balance turns negative for any other reason, MS SAP Communication shall have the right to stop the Product to function as desired and shall also have the right to repossess the Product.