TERMS OF SERVICE

1. Introduction – Floorspace is a design brand owned and managed by Digisights India Private Limited. This document constitutes a legally-binding agreement (“Agreement”) governing the terms of providing you with our service. Throughout this document, the words “Floorspace,” “Floospace.in,” “us,” “we,” “our,” refer to us, Digisights India, our website, Floorspace.in, or our service, Floorspace, as is appropriate in the context of the use of the words. Likewise, the words “you” and “your” refer to you, the person who is being presented with this document for your agreement.

2. Definitions - Throughout this Agreement, we may use certain words or phrases, or terms, and it is important that you understand the meaning of them. The list is not all-encompassing:“Agreement” means these Terms of Service;“Designer” refers to a person who designs stuff, but specifically in this Agreement, it refers to our designers ;“Service” refers to the services that we provide marketed through our website or otherwise, including but not limited to our design services;“Site” refers to our website, www.floorspace.in;“Floorspace” refers to the business which owns this website ,our Site, or our Service, depending on the context of the usage;“User” refers to you, and any other person who uses our Service, or visits our Site;“You”, “Client” refers to you, the person who is entering into this Agreement with us arising out of usage of this site or otherwise.

3. Information Supplied - When using our website, you may be required to provide all or some of your name, e-mail address, mailing address, credit card information, debit card information, bank account information and telephone number. We may use a third party payment company to process your payment. We may pass the above information to them, or they may collect it directly. In addition to providing us with the above information about yourself, when signing up for our Service, you must be at least the minimum age of contractual capacity.

4. Disclaimer - You release us from any liability for injury, financial loss, or any other harm which may arise from any activities of our Designers or Design Associates or other third party service providers, and you agree not to name us as a party in a lawsuit relating to such a transaction or the goods or services delivered in relation to such persons. Furthermore, we have no connection with any contractors we may recommend and as such, you should engage in due diligence at your end when hiring any of these service providers, designer and/or contractors for execution of any of the services.

5. Payment - We may use a third party for processing payments & collections. You agree that we are not responsible for any failure of this third party processor to remit payment to us that you may make through them, or any failure on their part to notify us of payment, and that in such cases, it is your duty to resolve the matter directly with the processor before we will credit you for such a transaction. Various milestone payment amounts as communicated to you are due for payment within the due date and payment implies credit of amount to our bank accounts within the due date. Overdue accounts are subject to a service charge of 2% per month. Dispatch of material to your site shall happen after 5 working days from the date of receipt of the payment milestone corresponding to this and as mentioned in the design execution document. Godown demurrage cost of Rs.1500 per week shall be levied over and above the applicable price if material can’t be received at client site and/or can’t be delivered by Floorspace to client site due to non-readiness of site, payment delays or any other reasons. This shall be in addition to the overdue account charges mentioned above. Floorspace also retains the right to terminate the execution contract and/or prevent you from access to your premises and/or to put on hold any work execution with impact on downstream schedule & associated execution cost for which client shall be completely liable financially and otherwise. 

6. Refunds - Design services are intangible in nature so we do not offer refunds once you buy our designs and/or design execution services. However, we value customer satisfaction. Because of this, if you are unhappy with the designs or if you have a compliant regarding any part of the Service, then e-mail us at designs@floorspace.in with your concerns and we will sincerely work with you to try to address the concerns. Floorspace does not offer design only services and the signup/design fees that you pay are based on an agreement that the design deliverables are not shared with you on payment of signup/design fees and the signup/designs fees will forfeit without any deliverables to you should you decide not to engage Floorspace for design execution work post buying our designs and/or signup. The designed finalized by you shall however remain available for reference at our offices and copying the same in no form (electronic or otherwise) is allowed. Floorspace may decide to impose penal charges in case clients decide not to engage Floorspace for design execution work post signup and the clients undertake to make such payment to compensate Floorspace for the efforts by its team. The terms of copyright and infringment shall apply on forfeit cases as appropriate.

7. Copyright -You agree that because of the nature of the services being offered and/or the fact that our Designers (including other service providers) may use their ideas in more than one place, you don’t really own the intellectual property rights to designs our Designers (and other third party service providers) make, but are instead purchasing our services. Further more when you buy our designs and/or other services, they are sold only for your personal/individual consumption and execution in your premises only and as such you will not distribute, display, disseminate or otherwise reproduce any of these without our prior written permission. You also agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the designs, design information (including engineering details, detailed drawings), information on our website, or our website itself, without our prior written permission. This includes, but is not limited to, curating our content, rewriting it and/or reposting it. “Floorspace.”, “Floorspace”, “Floorspace.in”, “floorspace.”, “floorspace”, “floorspace.in”, “Adaptive Design Concept” are trademark used by us, Digisights India Private Limited., to uniquely identify our Site and our Service. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph.

8. Revocation of Consent - Where Floorspace has given prior written consent for your use of our protected material in accordance with our above “Copyright” provisions, we may revoke that consent at any time. If we so request, we may require that you immediately take action to remove from circulation, display, publication, or other dissemination, any of the marks, copyrighted content, or other materials that we previously consented for you to use. We therefore recommend that, if granted such permission, you do not use our intellectual property in any manner that would result in a loss if we exercised our right to revoke consent to use that intellectual property.

9. Indemnity - You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our Service to you, including any damages caused by your use of our Site or the products or services ordered from it or services delivered by the designers/third party vendors/service providers. You also indemnify and hold us harmless for any claims by you or any third party for any damages arising out of thefts, accidents, loss of life and/or property, damages to the goods, material and/or property, injury to workmen and/or any third-party workers at the project location before, during or any time after Floorspace has undertaken work at the project location. The transfer of property in material/goods shall occur once the material/goods is dispatched to your project site. You also agree that you have a duty to defend us against such claims. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a resolution.

10. Description of Service - Floorspace makes professional interiors easy and afforable to many. Through this platform we offer a new and unique way to design and purchase modular kitchens and interiors by making the entire process appear definitive. The users are provided with upfront information on interior designs for various real estate projects across multiple budget ranges in a transparent manner. The user buys from us the interior plans they like and can choose to customise if they like. On signup we send our executives to your site to ensure your dream home interiors are exactly the way you have selected. Once you finalise your designs the execution of the design is undertaken directly by Floorspace as per the execution document approved by you.  Furthermore once you agree on the design as finalized & signed by you, you are responsible for the design decisions as a client and no claims on non-performance of design – functional, visual or on any other pretext shall be entertained on such account at any point.

11. Force Majeure - You agree that we are not responsible to you for anything that we may or may not otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, labour or any other event beyond our control. Terms of this clause shall also apply incase clients fails to provide at the project location uninterrupted supply of utilities like power, water, and other industry governed work environment suitable for workmen to undertake execution and/or engages, allows other third parties knowingly or unknowingly to have access to / to undertake work at the project location while Floorspace is undertaking or scheduled to undertake the work as per this agreement.

12. Severability - In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Floorspace shall have the sole right to elect which provision remains in force.

13. Non-Waiver - If you do something that we could terminate this Agreement over, we might not do anything for any reason whatsoever or we didn’t notice as such. Such a failure to act on our part against you, or anybody else, for actionable conduct, should not be considered a waiver of our rights under this Agreement or under any applicable laws.

14. Termination & Cancellation - We may terminate your online account or our provision of services to you, without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you will be limited to the amount you paid directly to us after deducting for the value of goods & services already executed and/or delivered at your premises, except in cases where the termination or cancellation was due to your breach of this Agreement or for cause. Termination for cause includes any activity which may be unlawful and/or harm Floorspace, its Users, or any other person, and includes but is not limited to the engagement or attempted engagement in fraud, hacking, violence, breach of contract with Floorspace, money laundering, tax evasion, other unlawful activity, or any other activity which can cause harm to Floorspace. Incase, you choose to terminate the services with or without cause you will be liable to pay all monies due to Floorspace (including outstanding dues, pending payments, value of goods and services delivered at your premises at the time of termination as identified by Floorspace) for a free and fair right to your premises.

15. Assignment - You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

16. Performance – Cabinets are woodborer proof and resistant against white ants/termite. Proper treatment of floors/walls/furniture work has to be taken up regularly for precaution against possibility of termite/white ants, etc by you. Also, incase there is dampness, seepage, leakage, wall cracks/air pockets, there could be fungus formation in cabinets, etc or damage to the cabinets and other woodwork and we do not take any responsibility due to such issues and our request to you is to take proper care and precautions for the same at your end. Regular maintenance and upkeep of furniture/wood work is crucial for prevention of damages and long life. Furthermore, Floorspace shall not entertain any requests and/or claims incases of - wood work/furniture have been stored or assembled incorrectly, used inappropriately, abused, misused, altered, or cleaned with wrong cleaning methods or wrong cleaning products; - regular wear and tear, usual/unusual cuts or scratches, or damage caused by impacts or accidents and/or rough usage; - woodwork/furnitures having been outdoors or in a humid environment or if the products have been used for non-domestic purposes; - consequential or incidental damages and/or wear & tear; - not undertaking at your end regular maintance and upkeep activities that contribute towards the longevity of the furniture/wood work.

Any installation of electro-domestics, electrical appliances and fittings as part of the work are under direct guarantees/warranties from the respective manufacturers as applicable and Floorspace does not provide any service in this respect, the same needs to be addressed directly with the respective manufacturers. Incase any modifications are done by your and/or electrical/other appliances are fitted by you in the cabinets or other work done by us, we do not take responsibility of any damages caused to the cabinets and/or appliances, gadgets, etc due to such usage / installations or otherwise. It remains client’s responsibility that such installations are done after ascertaining adequacy of the site requirements for such installations. Furthermore, clients are expected to ensure that electric supply in their premises is free of sudden/large fluctuations with stabilization to prevent damage to electrical fittings and non-performance out of such instances would not be under Floorspace responsibility.

Since the interior works are executed at site in part or whole and while our teams ensure utmost care, client needs to plan for wall/ceiling painting, cleaning services, etc at their own expense to take care of any wall stains, floor markings, and regular wear/tear that are natural to happen during the course of work execution at their site. Wall cracks, air pockets, dampness, seepages are common occurrences in buildings that are new and at times also on older ones depending on the quality of the construction, in view of this Floorspace shall not be responsible for such issues with respect to any furniture work, paint work and/or wall paper work done by us. Color selection of  products like laminates, wall paper, paint, polish, lacquered glass, etc are done based on shade cards (online or otherwise), there are always certain variations between those cards and final delivered /processed products as per manufacturer and industry practice, in view of this Floorspace is not responsible for such variations. Edge banding shall be done as per available matching color consistent with standard industry practice.

Due to ceiling and wall offsets, unevenness, undulations, etc including beam/column offsets at the site, it is possible there might be gaps visible at the edges and/or furniture wood work not appearing straight or having other visual issues. This needs to be ascertained, rectified as well as addressed by the client as appropriate at their own end and Floorspace would not be responsible for any issues arising out of such site conditions or entertain any claims in this respect in any manner.

At times the designs need to be adjusted to accommodate site conditions during the execution Floorspace is therefore authorized to make appropriate changes to the design at the time of execution without necessarily having to seek specific approvals from the client. Such changes would be automatically deemed to have your authorisation and shall constitute part of your signed off designs.

17. Amendments - We may amend this Agreement from time to time. When we amend this Agreement, we will post the changes on our website www.floorspace.in and indicate when was it last modified. It is your responsibility to read these terms of service and usage of website is implicitly considered an agreement to the terms. You may refuse to agree to the agreement or any of the amendments, but if you do, you must immediately cease using our website and our service and inform us of your refusal by writing to us at designs@floorspace.in with details. You must visit this page regularly if you have taken our Services and/or each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.

Last Updated: 01 June 2015

KLoc Technologies Pvt Ltd, Bangalore, India.