Terms And Conditions
Abiding by these General Terms and Conditions, the client agrees with the following:
- The client must provide architectural designs (CAD files) of all visible areas in the scope of visualisation to AIM (Avijeet Interior Motives) before the start of work as stipulated.
- Before starting work, the client must provide AIM with a specification of all fixtures, fittings, materials, colours, and other things included in the visualisation.
- Any changes to any design and/or specification component after the final product has been received and confirmed by the client may necessitate a change in the anticipated initial fees. If the modifications are significant, it may be necessary to define a new scope of work, which could result in new timetables.
- If the client fails to provide feedback for more than 14 (fourteen) days, AIM reserves the right to pay him for the total project fee.
- Unless otherwise mentioned in the Offer, the payment deadline is strictly 7 (seven) days.
Intellectual Property Rights
Until complete payment by the Client, AIM shall be the sole proprietor of the product and an exclusive holder of all rights to the product, including all Intellectual Property Rights on good or service and all its versions. AIM will transfer the product’s property rights to the client upon complete payment of the charge, including the right to replicate, display, and distribute the product without AIM’s permission.
AIM has the right to use the product as a professional reference to promote AIM’s services, list the client among its client references, and include the product and/or its items in its publications and marketing materials without further authorisation from the client. In accordance with relevant legislation, AIM shall retain all non-property rights originating from the product as his copyright work and shall be authorised to add its reference/signature on the goods in a visible manner. However, the company’s product supplied to the client will be devoid of any AIM features.
Confidentiality Undertaking
The Client hereby undertakes:
- (i) to keep all Confidential Information proprietary, diligently and strictly confidential together with analyses, compilations, studies or other documents prepared by AIM or its Representatives concerning their mutual business cooperation, which contain or otherwise reflect the Confidential Information and not to disclose it to anyone, save to the extent permitted by these Terms and Conditions, and to ensure that all Confidential Information is protected with adequate security measures and a degree of care that is required by applicable law as to prevent any access to Confidential Information by any person not qualifying under these Terms and Conditions.
- (ii) To use Private Data only for the purposes outlined in this agreement and nothing else;
- (iii) To keep discreet and not disclose the fact that Confidential Information has been made accessible or that conversations or negotiations are taking place or have taken place between the Parties in connection with their commercial collaboration to anyone except as indicated below;
- (iv) To ensure that anybody to whom the Client discloses Confidential Information in accordance with the terms below acknowledges and complies with the provisions of these Terms and Conditions as if they were a party to them.
The Client is responsible for keeping Confidential Information safe and secure from theft, damage, loss, and unauthorised access (including access by electronic means). This includes taking extreme precautions against the loss, destruction, or damage of Confidential Information.
The Client must guarantee that its Representatives are aware of and will follow any applicable statutory personal data protection regulations.
AIM’s client records are considered confidential and will not be disclosed to any other parties save AIM’s manufacturer/supplier(s) and the proper authorities if legally necessary. The client has the right to inspect and copy any, and all client records maintained by AIM, provided that AIM is given reasonable notice of the request.
AIM will not sell, share, or rent any of the Client’s proprietary information to a third party, nor will it send unsolicited messages to the Client’s e-mail address. AIM will only send emails in connection with the delivery of agreed-upon services and products.
Permitted Disclosure:
The Client and AIM may disclose Confidential Information:
- (i) To any of its Representatives, (i) who need to know Confidential Information to perform their jobs and (ii) who are bound by confidentiality obligations (by virtue of law, regulation, valid agreement, or professional responsibility);
- (ii) To any person to whom Confidential Information is required to be disclosed I by decision of any governmental or other regulatory authority or similar figure having jurisdiction over the Client, or (ii) according to any provision of this act, in which case the Client shall disclose such confidential information in a reasonable manner designed to preserve its confidentiality; or
- (iii) With the prior written consent of AIM (which consent shall not be unreasonably withheld).
No obligation to Disclose:
Regardless of any provision in these Terms and Conditions to the contrary, nothing herein obligates AIM to make any Confidential Information or other information available to the Client, and AIM retains the right to decide, in his sole discretion, what information, properties, and professionals to make available to the Client.
Contractual Penalty for Breach of Confidentiality:
The Parties accept that any breach of the confidentiality provisions of this agreement will result in a penalty of INR 10,000.00. (ten thousand Rupees).
Full Recovery:
If the non-breaching Party’s actual damages exceed the sum specified in the preceding paragraph, the breaching Party must compensate the non-breaching Party up to the full amount of the damages suffered. Suppose either Party is required to take legal action to enforce its rights. In that case, it will be entitled to recover from the other Party all damage, loss, liability, and costs, including reasonable attorney’s fees, incurred as a result of any breach by the Clients or their Representatives of the provisions of these Terms and Conditions.