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Terms and Conditions
General Terms & Conditions for Marketing Associates
- Marketing Associate shall only procure and solicit business in the name of the Company and the business so solicited or procured by Marketing Associate shall be subject to ratification and approval by the Company.
- The Company shall appoint one of its officers as the Single Point Coordinator. Upon commencement of this Appointment, the Company shall notify in writing the name and communication details of the Coordinator.
- The Company may change the Coordinator from time to time, written intimation whereof shall be given to the Marketing Associate.Marketing Associate shall procure booking of Land / Villas / Apartments / Houses / Shops / Offices and any other property promoted by the Company (“Flats And Appurtenant Rights”) at such price and on such terms & conditions as may be stipulated by the Company from time to time in writing.
- The agreement term with the company will be valid for a term of 1 ( one ) year from the commencement date (Term), provided however that this appointment may be renewed for a further period on mutual agreement of both parties in writing. (Renewed Term) on the same terms and condition.
- The Company shall provide Marketing Associate the status of the booking of the Said Flats And Appurtenances (Availability List) and Marketing Associate shall make efforts to market and sell the said Flats And Appurtenant Rights as mentioned in the Availability List. As soon as Marketing Associate receives confirmation of booking from an intending purchaser, Marketing Associate shall send by writing and/or e-mail to the Coordinator a request for confirmation of availability of the unit selected by the intending purchaser (Blocking Request) and only upon the Coordinator confirming by return writing and/or e-mail (Blocking Confirmation) such availability, Marketing Associate will confirm the booking to the intending purchaser.
- The Blocking Confirmation shall remain valid for a period of 48 (Forty Eight) hours from the time the Blocking Confirmation is facsimiled / emailed to the Marketing Associate, after which, the same shall automatically stand cancelled unless expressly renewed by another Blocking Confirmation by the Coordinator at your request. Such renewed Blocking Confirmation shall also be valid for 48 (Forty Eight) hours from the time the Blocking Confirmation is facsimiled/emailed to you.
- It is clearly understood between the Parties that the Company shall maintain a priority wise list of the Blocking Request sent in by you and other Marketing Associate and subject to non fructification of Blocking Confirmation given to you and other Marketing Associate by the Coordinator, intending purchasers whose names appear in the priority list shall be offered the said “Flats And Appurtenant Rights” of their choice, through you or other Marketing Associate through whom the Booking Request have been made. If such offer is accepted by the wait listed intending purchaser, the transaction shall be deemed to have materialized through you or other Marketing Associate through whom the Intending Purchaser had made the Booking Request.
- Marketing Associate shall arrange meetings, conferences, exhibition, audiovisual presentations on individual / group basis at your own cost. You may make use of marketing materials provided to you by the company only.Marketing Associate shall pay and bear all expenses on account of travelling, conveyance, communication and light entertainment.
- If and when Marketing Associate have to publish any advertisement or issue any pamphlet or literature regarding the sale of “Flats and Appurtenant Rights” of the Company, you shall obtain prior approval of the Company and approve the text of such advertisement/pamphlet/literature.
- Unless otherwise agreed, Marketing Associate alone shall bear the expenses of such publicity.It shall be Marketing Associate’s responsibility to ensure that the provisions of the Foreign Exchange Management Act 1999, insofar as mode of payment and acquisition of immovable property by Non-resident Indians and Foreign nationals of Indian Origin are concerned are complied with.
- In case any intending purchaser cancels his booking of a particular unit at any stage after payment of the Application Money, Marketing Associate shall either provide the company with a new customer free of cost within 45 days of the cancellation or reimburse the company with an amount equivalent to the fees paid to you for the same. Incase of any cancellation and rebooking for the same apartment with a new customer there will not be any duplication of payment.
- The Company shall at its sole discretion allow nomination to the intending purchasers and in case the Company realizes any fees for allowing such nomination, the same shall be solely to the account of the Company and Marketing Associate shall have no financial claim against the Company with regard thereto.
- Marketing Associate shall not be entitled to any marketing fee or any other charge in any form in respect of any extra or additional amount charged/received by the Company from the intending purchasers on account of additional amenities and facilities, extra fittings, improved specifications, general deposits, etc.Marketing Associate shall be reimbursed the amount of service tax at the rate(s) in force from time to time on your furnishing the necessary proof for having registered under the Service Tax Act.
- Marketing Associate shall inform to the company your Permanent Account Number (PAN) in writing, within 7 days from the from agreement date; with copies of such document.Marketing Associate shall affix rubber stamp with signature on all the applications that are booked through them.
- Marketing Associate shall be entitled to brokerage only on those bookings which bear rubber stamp and signatures and counter-signed by officials of the Company.If at any point during the term of the appointment any approval / authorization / clearance is to be obtained by Marketing Associate from the Company with regard to the terms and conditions hereof the same shall be obtained in writing from the company.
- Marketing Associate shall not at any time during or after the Term hereby reserved divulge or allow to be divulged to any person any confidential information including the terms, conditions, specifications, parameters and all aspects of this Appointment and relating to the sale and marketing of the said Flats And Appurtenant Rights or business of the Company save as be required to be disclosed under the law to statutory authorities.
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