1. General
   1. This is the legally binding agreement (“Terms and Conditions”) between SINDUSCONS Pvt. Ltd., a company incorporated under the Indian Companies Act, 1956, hereinafter referred to as (“We/we”, or “Us/us” or “Our/our” or “Company/company” or “SINDUSCONS”) having its registered office address at D/502, Jyoti Arch, Amcon Jyoti CHSL, S V Rd, Kandivali(w), Mumbai 400067, Maharashtra and User(s) hereinafter referred to as (“Users” or “You/you” or “Your/your”). These Terms and Conditions contained herein on 2d3dplan.com (“Website”), shall govern your use of this Website, including and not limited to all the associated/partnered websites and/or associated/partnered applications and/or associated/partnered social media and/or subscription pages and/or communication (collectively “Website”). Wherever the term “2d3dplan” or “2d3dplan.com” is used it refers to SINDUSCONS Pvt. Ltd., and its subsidiaries, controlled entities, affiliates and related parties.
      
   2. These Terms and Conditions shall apply in full force and effect to your use of this website, and by using this website, you expressly accept all terms and conditions contained herein in their entirety.
   3. The Company may update/modify/amend these Terms (including any portion of it) at any time, with or without advance notice. Each time you use the Website, however, the current version of these “Terms and Conditions” will apply. Accordingly, each time you use the Website you should check the date of the “Terms and Conditions” and review any changes since the last time you used the Website / Application. Your continued use of the website shall mean that you accept all such changes or deletions.
   4. By visiting the Website or using the Application, you expressly agree to be bound by these Terms and Conditions and agree to be governed by the applicable Laws of India. If you do not agree please do not use or access our Website.
   5. The Agreement or “Terms and Conditions” as may be prescribed by the “Company” together constitute a legally binding agreement between you and the Company. You are requested to read these Terms carefully before accessing or using the Website.
2. General
   In these Terms and Conditions (unless the context otherwise requires), the following definitions shall apply:
   1. “Applicable Laws” shall mean any law, legislation, statute, act, by-law, rule, regulation, ordinance, order, decree, protocol, notification, policy, administrative guideline, ruling, instruction, directive, code, requirement, consent, license, approval, permit, judgment, court order, treaty or any interpretation thereof by any Governmental Authority or by any Person acting under the authority of any Governmental Authority and / or of any statutory authority, as may be applicable from time to time to this Agreement and to the exercise, performance and discharge of the respective rights and obligations of the Parties, or to the Parties, as the context may require.
   2. “Content” means all text, material, data, and information, data files, description of Company’s services or/and its products, graphics, images, user interfaces, visual interfaces, photographs, trademarks, logos and computer code, architectural drawings, 3dviews, structural drawings, technical drawings and data and any other information contained on the Website of the Company.
   3. “Services” means preparation of customized layout floor plans, 3D views with elevations, sections and RCC structural design services drawing like electrical layouts, air conditioning, fire and safety and other related services by the Company for the User’s home and office and commercial spaces.
3. Description of Company’s Services
   1. Services by the Company: The Company is an Architecture and Interior Design Company engaged in the business of providing its Users with customized design services in form of 2d and 3d drawings in a soft copy format, through the Website. The Company prepares customized layout floor plans, 3D views with elevations, sections and RCC structural design services drawing like electrical layouts, air conditioning, fire and safety and other related services for the User’s home and office and commercial spaces.
   2. Scope of work: Subject to terms and conditions set forth herein, the Company shall perform services for the Users. The Users may request Customization of Services provided by the Company and the Company shall accordingly provide the Users with a proposed scope of work (“Scope”) based on the Users’ request, and quoted price. The Customization Services will be deemed complete when the Company hands over the Users with Customized Plans substantially consistent with the Scope.
   3. Additional Services: During the term of the Service, the Users may wish to approach the Company for additional projects or services to the Company beyond the Services outlined in the SOW (“Out-of-Scope Assignments”). The Company may agree to accept such Out-of-Scope Assignments only upon a separate written agreement, or with an amendment and/or addendum with the Users with relevant terms and conditions.
   4. Fees: As for the Company’s compensation for the performance of Services under this Agreement, Users will provide the consideration fees in accordance with the availed services. Along with the Consideration fees, the Users also agree and acknowledge to also be responsible for the payment of any reimbursable expenses incurred in the interest of the project or services, including costs, reproductions, postage and handling, faxes, photography, messenger service, long distance telephone calls, travel and meals, supplies, renderings and models and approved overtime work. Payment will be due at the time of purchase for the initial Customization Services, and again at the time of purchase of any Additional Services, if applicable, unless otherwise agreed in writing.
4. Company’s Content
   The Company may contribute textual and / or audio visual content to explain to the Users of its business purpose on the Website entirely at its sole discretion, in the form of “Content”. These content are generated by the employees of the Company or by any other individuals as authorized by the Company from time to time. The Users hereby acknowledge and agree that these contents constitute the opinions of the employees and/or of any other individuals as authorized by the Company from time to time, in their personal capacity, and may not represent official positions of the Company in any manner. The Company retains all copyright to these contents.
5. Third Party Content
   The Website of the Company may contain links to third-party web sites or services that are not owned or controlled by the Company. Links on the Website to third party web sites or information are provided solely as a convenience to you. You acknowledge and agree that the third-party content is neither created nor endorsed by the Company. You acknowledge that the third-party content provided to you is obtained from sources believed to be reliable, but that no guarantees are made by the Company or the providers of the third-party content as to its accuracy, completeness, timeliness. By using any third-party Content, you may leave the Website and be directed to an external website, or to a website maintained by an entity other than the Company. If you decide to visit any such website, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or any other destructive elements. The Company makes no warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that the Company or its Website sponsors, endorses, recommends, is affiliated, or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol, information, displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of the Company or any of its affiliates or subsidiaries. You hereby expressly acknowledge and agree that the linked websites are not under the Company’s control and the Company is not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such websites. The Company is not responsible for webcasting or any other form of transmission received from any linked website. The Company reserves the right to terminate any link to outside services or resources at any time at its own discretion.
6. Registration on the Company’s Website
   1. In order to avail the Services of the Company such as customized designs in the form of 2d and 3d drawings in a soft copy format, the Users will be required to register on the Website. Registration is a one-time process and is free of cost. Users may register by creating an account on the said Website. To create an account, Users need to provide relevant personal information like Name, Email – ID, Birth of Date, Address, etc. Subsequently, an account with an exclusive username and password will be created by the Company for the Users.
   2. It is the User’s sole responsibility to maintain the confidentiality of the login credentials for their account, and the Users agree not to share them with any third parties.
7. User’s Information
   When you are contacting the Company or registering on the Website, you must provide accurate, complete, and current information and you agree to provide us with any updates to that information promptly after such changes occur. The Company shall have the right to disclose certain limited information of you including, but not limited to, your name, e-mail and mailing address, to its affiliates, partners and third-party vendors for the purpose of providing you with information about its services. The Company shall also have the right to disclose aggregate information about your usage and demographics in a manner that does not reveal your personal identity. The Company shall have the right to send you electronic mail to inform you of changes or additions to the website, or of any of its services.
8. Use of Community Services
   Community services may include services provided by us through the means of (including and not limited to) our social media platforms (LinkedIn, Facebook, Twitter and Instagram etc.). The community services are provided as a convenience to users and the Company is not obligated to provide any technical support for, or participate in, community services. While community services may include information regarding the Company’s services, including information from its employees, they are not the Company’s official customer support channel. You may use community services subject to the following: (a) community services may be used solely for your personal, informational, non-commercial purposes; (b) content provided on or through community services may not be redistributed; and (c) personal data about other users may not be stored or collected except where expressly authorized by us.
9. Intellectual Property Rights
   1. The Users acknowledge and agree that the Company and/or its licensors own all rights to the intellectual property and material contained in its Website, and all such rights are reserved. Users are granted a limited license only, subject to the restrictions provided in these terms and conditions, for purposes of viewing the material or / and using their respective availed services via the Website provided by the Company.
   2. All text, material, data, and information, data files, description of Company’s services or/and its products, graphics, images, user interfaces, visual interfaces, photographs, trademarks, logos and computer code, architectural drawings, 3dviews, structural drawings, technical drawings and data and any other information contained on the Website (“Content”), is owned, controlled or licensed by or to the Company, and is protected by applicable intellectual property and other laws, including trademark and copyright laws. The Company owns and retains all copyrights in such content. Nothing in this Agreement shall be construed as conferring any rights or license to the Company’s Website and its associated trademarks or copyrighted material.
   3. Except as expressly provided in these terms, no part or content of the Website may be copied, reproduced, adapted, modified, published, republished, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the Company’s express prior written consent. The Users also acknowledge and agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the content, in whole or in part, by any means.
   4. The Company’s logos and trademarks are the properties of the Company. The appearance, layout, color scheme, and design of the Website are protected trade dress. The Users do not receive any right or license to use the foregoing.
   5. The Users may use the Website solely for availing services from the Company and/or to learn about the products and services of the Company, and solely in compliance with these terms.
   6. Users shall promptly notify the Company in writing of any known or suspected infringement of the Company’s intellectual property rights by any third party and shall cooperate fully with the Company in any legal action taken by the Company to protect its intellectual property rights.T
   7. The intellectual property rights obligations set forth in this section shall survive the termination or expiration of this Agreement.
10. Limitation of Liability
    1. Neither the Company nor its representatives shall be liable to the Users in connection with any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to consequential, special, incidental or indirect losses including, without limitation, (i) loss of profits, revenue or goodwill; (ii) loss of business or (iii) loss of anticipated savings.
    2. The Company and/or the Payment Service Provider shall not be liable for any inaccuracy, error or delay in, or omission of (a) any data, information or message; or (b) the transmission or delivery of any such data, information or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message.
    3. The Company and the payment service provider assumes no liability whatsoever for any monetary or other damage suffered by the Users on account of:-
       1. The delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Payment Gateway or Services in connection thereto; and/or
          Any interruption or errors in the operation of the Payment Gateway.
       2. The Users agree to use all reasonable endeavours to mitigate any losses in good faith which it may suffer under or in connection with this Agreement and any amounts it seeks from the Company in respect of any such liability.
    4. The Company in no event shall be liable for any content posted, transmitted, exchanged or received by or on behalf of the Users on or through the Website.
11. Indemnification
    Users agree to indemnify and defend the Company and the Payment Service Provider and their affiliates, directors, employees and agents from and against any losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorney fees and costs) arising from access to or use of the Website, violation of these Terms and Conditions, or infringement of any intellectual property or other rights of the Company. The Company will notify the Users of such claims and accordingly the Users will have to cooperate and assist and indemnify the Company of such losses.
12. Revisions
    The content appearing on the Website could include technical, typographical or photographic errors. The Company does not warrant that any of the content on its Website is accurate, complete or current. The Company may make changes to the content contained on its Website at any time without notice. The Company does not, however, make any commitment to update the content.
13. Usage of Website by the Users
    In connection with your use of the website, you agree that you shall not (Indicative only and not exhaustive):
    1. Use the website in violation of these terms;
    2. Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Website, or otherwise attempt to discover any source code, or allow any third party to do so;
    3. Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the content or website in any way;
    4. Use or launch any automated system, including without limitation “deep-link”, “page-scrape”, “robots,” “spiders,” or “offline readers” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website, or in any way reproduce or circumvent the navigational structure or presentation of the website;
    5. Use the website in any manner that damages, disables, overburdens, or impairs website or interferes with any other user(s) use and enjoyment of the website;
    6. Mirror or frame the website or any part of it on any other website or web page;
    7. Attempt to gain unauthorized access to the website;
    8. Probe, scan or test the vulnerability of the website or any network connected to the website, nor breach the security or authentication measures on the website or any network connected to the website;
    9. Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the website or any systems or networks connected to the website;
    10. Use any device, software or routine to interfere or attempt to interfere with the proper working of the website.
    11. You shall not contribute any content or take any action that may in any manner adversely affect our reputation, or that is otherwise detrimental to us.
    12. You shall not in any manner publish or post any inappropriate, defamatory, infringing, obscene, racist, terrorist, politically slanted, indecent or unlawful topic, name, material or information.
    13. You shall not use profane and objectionable language or abbreviations. You shall not use any character(s) as a substitute for objectionable language;
    14. You shall not in any manner reveal confidential or proprietary information of any third party. Specifically, you shall not post any material for which you do not have requisite and applicable right(s) under law.
    15. You shall not upload or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
    16. You shall not upload files that contain viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
        You shall not advertise or offer to sell or buy any goods or services for any business purpose.
14. Responsibilities of the Users
    1. The Users agrees and acknowledges that while availing the services of the Company including but not limited to design services shall be responsible for the following:-
       1. Providing complete and accurate physical information about site and /or building (like site plan, site photographs, soil test report etc.) and the budget requirements;
       2. Rendering approvals and decisions promptly and as necessary for orderly progress of the design services in keeping with the mutually acceptable schedule;
       3. Obtaining at its own expense, all required soil studies and land surveys;
       4. Providing if requested, a written description / sketch outlining and explaining revisions or suggestions if any.
    2. The Users further acknowledges and agrees to have certain responsibilities towards the Developers / Contractors. The Company in no manner shall be involved between such discussions, negotiations or agreements between the Users and such Developers / Contractors. The Users agree that:
       1. The following items mentioned in this clause are the responsibility of the Users and the Developer / Contractor selected by the Users;
       2. Users will use best efforts to cause the chosen builder to fulfil such responsibilities; and
       3. The Company shall have no responsibility or liability with respect to such items:
          1. User’s Developer / Contractor shall be responsible for assuring that all work is in accordance with the latest edition of all applicable national, state, and local building codes, construction industry standards and other applicable laws and regulations;
          2. User’s Developer / Contractor shall be responsible for obtaining required permits, licenses, approvals and inspection reports from the Local Government Agencies;
          3. User’s Developer / Contractor shall be responsible for checking the construction plans prior to construction to verify all dimensions and details for overall accuracy appropriate to the local conditions;
          4. User’s Developer / Contractor is responsible for working with the Users to decide and conduct final selection of materials which can create variations in dimensions and details;
          5. User’s Developer / Contractor shall be responsible for providing standard construction details, shop (technical) drawings and practices which will result in a structurally sound and weatherproof finished product;
          6. User’s Developer / Contractor shall be responsible for all construction means, methods, sequencing, techniques, and safety on the job site of construction workers and third parties;
          7. User’s Developer / Contractor shall be responsible for assuring that all materials, equipment and components are new and of good quality;
          8. User’s Developer / Contractor shall be responsible for assuring that all manufactured articles, material and equipment are applied, installed, connected, erected, used, cleaned, adjusted, operated and conditioned as directed by the manufacturers. The Developer / Contractor must follow all instructions to sustain and preserve all expressed and implied warranties and guarantees.
15. Termination
    1. Termination for Breach: Either party may terminate the Services if the other party breaches any material term of this Agreement and fails to cure such breach within a cure period of thirty (30) days following written Notice thereof from the non-breaching party.
       1. The Notice informing the breaching party must necessarily detail the nature, impact, and the time of the detection of the breach;
       2. Parties will continue to uphold their rights and responsibilities under this Agreement during the aforementioned cure period.
    2. Termination without Cause: The Services may be terminated by either Party without Cause by giving the other party 7 (Seven) days’ written notice.
    3. Termination by Mutual Agreement: The Parties may terminate the Services by mutual written agreement, even when without the existence of any breach by either of the Parties.
    4. Consequences of Termination: Upon the expiration or termination of the Services, whether for breach or otherwise:
       1. Users will promptly deliver to the Company all the Company’s Work Product, including any unfinished Company’s Work Product;
       2. Users will promptly deliver to the Company or destroy all Confidential Information in the User’s possession or control, in accordance with the directions of the Company;
       3. In a situation where the Services are terminated by the Users, the Company in no manner shall be held liable to initiate any refunds to the Users as on the date of termination.
       4. In a situation where the Services are terminated by the Company, Users will be entitled to an equitable refund based on the portion of the Services prepaid but not already performed, as reasonably determined by the Company at its sole discretion.
       5. Users shall pay the Company any accrued but unpaid compensation and reimbursable expenses due and payable to the Company as on the date of termination.
       6. In case the project is resumed, after being terminated for more than one month, and if the Company agrees to resume performance of the Services, there will be a reactivation fee of 25% of the original service fee.
16. Terms and Conditions for Online Payments
    1. Upon acceptance of the Terms and Conditions, the Users may register and avail the services as mentioned herein. Users may either register on the website or alternatively enter his/her payment details to pay fees for procuring designs and services in any other manner as may be specified on the Website from time to time.
    2. The entries in the books of the Company and/or the Payment Service Provider kept in the ordinary course of business of the Company and/or the payment service providers with regard to transactions covered under these Terms and Conditions and matters therein appearing shall be binding on the Users and shall be conclusive proof of the genuineness and accuracy of the transaction.
    3. In the event of a failed transaction, the User should not worry as no amount is deducted from the User’s credit or debit card. Failed transactions may be due to multiple reasons including but not limited to unstable internet connection and/or incorrect billing information. In order to avoid any disruption, the Users are requested to have a strong internet connection after finalizing the order. Users are also further requested to check if they have accurately provided the correct billing information.
    4. For immediate assistance while securing payments, Users are to contact the Company at +91 9987505503 and the Company will immediately attend to the billing concerns.
17. Security Guarantee of Transaction
    The Company respects the financial privacy of its Users and thereby the Company guarantees the security of all online transactions made towards the Company. Transactions conducted by the User towards the Company are secured via INSTAMOJO, which has Bank-level Security, PCI-DSS compliant online payment gateway environment, 128-bit encryption, RBI regulations compliant. INSTAMOJO is VeriSign Secured®. The VeriSign Secured® Seal is the most trusted security mark for online transactions. Payment Card Industry (PCI) and INSTAMOJO are under strict global information security standards defined for organizations handling credit holder information.
18. Refunds and Cancellations
    1. All orders placed to avail services of the Company, including but not limited to customization or modifications as well as the payments initiated towards the Company shall be considered to be final provided the Users decide and intimate the Company to cancel such orders within 48 hours of order placement or up until the time of order processing, whichever is earlier. A STANDARD DEDUCTION OF 10% SHALL BE DONE AGAINST THE PAYMENT MADE AS PROCESSING CHARGES. The same shall be done in minimum seven Working days. The Company shall not initiate any refunds or exchanges once the orders have started the fulfilment process.
    2. The Users understand and agree that in the event there is any claim for/of charge back by the Users for any reason whatsoever, it shall be the responsibility of the Users to immediately approach the Company with his/her claim details and claim refund from the Company alone. Such refund, if any, shall be affected only by the Company via the payment gateway or by means of demand draft or such other means as the Company decides at its sole discretion. The Users understand that they are not to raise claims for refund/charge back to the Payment Service Provider and in the event such claim is made, it shall not be entertained.
    3. In these Terms and Conditions, the term “Chargeback” shall mean the following:- “Approved and settled credit card or net banking purchase transaction(s) which are at any time refused, debited or charged back to merchant account (and shall also include similar debits to Payment Service Provider’s Accounts, if any) by the acquiring bank or credit card company for any reason whatsoever, together with the bank fees, penalties and other charges incidental thereto.”
19. Personal Information of Users for Payment Gateway
    1. The Users agree that, to the extent required or permitted by law and as mentioned in the Privacy Policy, the Company or the Payment Service Provider may collect, use and disclose personal information in connection with security related or law enforcement investigations or in the course of cooperating with authorities or complying with legal requirements.
    2. The User agrees that any communication sent by the Users vide e-mail, shall imply release of information therein/therewith to the Company. The Users agree to be contacted via email on such mails initiated by him/her.
    3. In addition to the information already in the possession of the Company or the payment service provider, the Company may have collected similar information from the Users in the past. By accessing the website, the User consent to the terms of Company’s Privacy Policy and to the Company’s continued use of previously collected information. By submitting the User’s personal information to the Company, the Users will be treated as having given his/her permission for the processing of the User’s personal data as set out herein.
    4. The Users acknowledge and agree that his/her information will be managed in accordance with the laws for the time in force.
20. Disclaimer
    1. Except where expressly provided otherwise, the Website, and all content provided on or through the Website, are provided on an “as is” and “as available” basis. The Company expressly disclaims all warranties of any kind, whether express or implied. , including, but not limited to, with respect to the Website and all content provided on or through the Website or any associated services, including but not limited to any warranties of merchantability, fitness for a particular purpose, or non-infringement.
    2. The Company makes no warranty that: (a) the Website will meet your requirements; (b) the Website will be available on an uninterrupted, timely, secure, or error-free basis.
    3. Any content accessed, downloaded or otherwise obtained on or through the use of the Website is to be used by the users at their own discretion and risk. The Company shall have no responsibility for any damage to your computer system or loss of data that results from the download or use of content.
    4. The Company reserves the right to make changes or updates to, and monitor the use of, the Website and content provided on or through it at any time without notice.
21. Minors
    Users may use the Website provided by the Company only if the Users agree to form a binding contract with the Company and are not a person barred from using the Application under the laws of the applicable jurisdiction. The Website is not for use by any minor(s), which shall be any person under the age of 18 years, and Users must not use the Website if he/she is a minor(s).
22. Privacy Policy
    By using the Website, Users accept the terms of Privacy Policy which is an integral part of these Terms and Conditions. Please refer to the Company’s Privacy Policy for information regarding collection, use and storage of your personal information.
23. Disputes
    This Agreement shall be governed by and construed in accordance with the laws of India. Any dispute arising out of or in connection with this Agreement, including in connection with the terms of this agreement, validity, interpretation, implementation, non-disclosure terms or alleged breach of any provision of this Agreement, shall be subject to the exclusive jurisdiction of the courts of Mumbai.
24. Miscellaneous
    1. Severability – If any portion of this Agreement is held to be unenforceable, the unenforceable portion must be construed as narrowly as possible to reflect the original intent of you and the Company. The remaining portions remain in full force and effect.
    2. Waiver – The failure of the Company to enforce any provision of this Agreement shall not be deemed a waiver of such provision or of the right to enforce such provision.
    3. Force Majeure – The Company will not be held responsible for any delay or failure to adhere to the obligations if such delay or failure arises or is in connection to an Act of God which is beyond Company’s reasonable control.
    4. Assignment Or Transfer – Users shall not assign or transfer any of their rights or obligations under this Agreement without the prior written consent of the Company. The Company reserves the right to assign or transfer the performance of this agreement to its subsidiary or its holding company or acquirer as the case may be from time to time.
    5. Headings – The paragraph headings in this agreement are inserted for convenience only and shall not be construed to limit or modify the scope of any provision of this agreement.
    6. Grievance Redressal – You may submit any grievance in connection with the Application and services availed on the Application provided by the Company at:Contact Number: 9987505503
       E-mail ID: a2d3dplan@gmail.com