Prerequisites
The following are the Prerequisites :
- The bed and sofa furnishing must be provided by the landlord.
- The landlord shall provide full independence to the tenant
- There shall not be any pending construction, maintenance or other work
- The maintenance fee shall not exceed 500 as Browku is already charging flat maintenance fees.
- The Rental Surety Scheme solely depends on These Prerequisites
- If the company is Getting Flat Furnished, Rental Surety does not apply.
Terms & Conditions and Refund policy
This Agreement shall commence on the date the agreement (more fully set out in the Schedule) with the Customer and remain in full force and effect until the fixed period [equivalent to the tenure of the contract that is agreed by the Customer while booking the subscription(s)] expires and the agreement period is over unless terminated earlier or extended by pursuant to the tenure policy. Browku reserves the right to terminate the agreement at any point in time.
Valuation and Payment
The Browku reserves the right to value and re-value flats at any time based upon the requirements or if the current value does not deliver the relevant results with prior information to owner. The invoice shall be raised by Browku on the 1st day of 1st month of every year and the due date for payment shall be the 7th day of the month (“Due Date”). Customer (Tenant) shall pay the monthly charge as per the invoice raised and mailed to the Customer’s registered e-mail address. Payment made beyond the Due Date shall incur a late fee. Late fees shall be levied on the rental due amount only. The late fee of 10% shall be applied on the 11th day of the month on the pending amount. The Customer shall make all payments to Browku website, links or from barcode given on the invoice only. Browku shall not be liable for any payment made to any broker/third party by the Customer.
Security Deposit
In addition to the monthly rental, the Customer shall pay a refundable security deposit (“Security Deposit”). And this security money shall be held within the company. The Security Deposit shall not carry any interest for the entire tenure. The Security Deposit shall be refunded to the Customer on the termination of Agreement. Once the final quality check is performed on the flats, and in case no damage is found, the Security Deposit shall be refunded within 15-21 working days to the Customer. Browku shall refund the Security Deposit to the account from which initial the Security Deposit was paid by the Customer, in case the Customer wishes to get the refund to any other account, the Customer shall provide the details of the account to Browku via e-mail from the registered e-mail address of the Customer and/or upload the account details on the dashboard available on the Browku website, prior to the termination of agreement. In case any damage is found in Flat, Browku shall have the right to deduct the charges for the damages or monthly dues from the Security Deposit paid by the Customer and shall refund the remaining amount to the Customer. In case of default in the payment of monthly rentals (including late fee), Browku shall have the right to deduct such rental dues from the Security Deposit and may at its sole discretion refund or forfeit the remaining balance of the Security Deposit. The Security Deposit shall not include any monthly rental. The Customer cannot request for the monthly invoice dues to be adjusted from the Security Deposit. If the customer vacates the flat within 6 months when the agreement is of 11 months, the Security Deposit under no circumstances will be refunded.
agreement confirmation
Browku shall confirm the agreement with the Customer by sending a confirmation to the registered email address of the Customer. The Customer shall be provided with an option to either accept or deny such substitution at the time of confirming the order. The order raised by the Customer shall be processed subject to successful verification of the KYC and serviceability of the Customer location as per Browku Policy. In case the KYC verification is not successful, or the location is not serviceable by Browku, Browku reserves the right to reject the Customer’s agreement any time.
Damage {For Owner}
The company will click the photographs of the Flat as proof at the time of the agreement and will compare them against the quality and quantity of the Flat at the time of termination of the contract. The company will be liable in case of any damage arising out after the comparison of the photographs at the time of agreement and termination of the contract. T&C is mentioned below.
- There should be no Dues from the customer side.
- There must not be disputes between Customers without prior information to Browku.
- Painting and Plumbing are excluded.
Maintenance
Browku shall provide normal maintenance of the Flats / Flats/Products delivered to the Customer, for the entire duration of the Agreement or on request from the Customer. Browku shall provide cleaning (one time per year) of the furniture, only after completion of a minimum of 12 months tenure by the Customer. The periodic maintenance shall not include any damage or breakdown due to mishandling by the Customer. Browku shall carry out the maintenance/repair of the Product within 3-5 working days after the request has been raised by the Customer. In the event, the issue is not resolved during repair, Browku shall provide a replacement for the Product. Any additional cost incurred by Browku during the maintenance and cleaning due to damages shall be borne solely and paid by the Customer, either via online payment or as advised by the Browku service representative.
Inspection
Browku reserves the right to inspect the Product delivered to the Customer during the term of the Agreement. Browku shall provide reasonable prior intimation to the Customer regarding the visit for inspection of its representative to avoid any inconvenience to the Customer. The Customer shall ensure that the representative of Browku is provided with proper access to all the Flats/Products/premises for inspection.
Relocation
In case the Customer wishes to relocate from one flats to another within 1 week, if they found any type of disturbance, from the registered address, a request shall be made to Browku, a weeks prior to the date the Customer wishes to relocate the Product along with the address proof of the new address. Once the request is raised, Browku shall remove or relocate the Product through its personnel only as per the mutually decided date with the Customer. Relocation shall be subject to successful verification of the KYC of the Customer’s new address and serviceability of the new location. In the event, the location is not serviceable by Browku, the same shall be treated as an early closure of the Agreement as per the Flexi Tenure Policy and the rental dues shall be payable as per the Flexi Tenure Policy.
Rent Surety policy
Browku provides a fixed rent scheme to his/her Owner, after coming it’s first tenant for 6 months, even after the tenant leaves their flat & it remains vacant within the minimum lock-in period (i.e. within 6 months), after that, they will get 40%-50% of his rent till flat is rented again maximum 2 months, The fix rent time is as will be discussed.
Termination
In the event, the Customer does not wish to extend the rental period beyond the Agreement date, the Agreement shall terminate on last day of the rental term. Browku shall have the right to terminate this Agreement immediately in the following events;
- Default of payment of rental dues or any other payment dues by the Customer; or
- Breach of any of the terms of this Agreement.
Consequences of termination
- Browku shall have the right to take possession of the Flats delivered to the Customer immediately;
- Any payment pending from the Customer shall become payable immediately to Browku.
- The Security Deposit paid by the Customer shall be refunded to the Customer post the damage assessment of the Flats/Products.
- In case of termination due to non-payment of rental dues, the Security Deposit will not be refunded.
- If there is any dispute between the landlord or tenant without prior information will lead to immediate termination without any cost, repair or expense to be paid by Browku.
- f. Not in any case a customer can advertise Browku flats or Flats/Products on any social media platforms or another platform without prior approval of Browku in written, this will lead to legal procedures.
Not with standing any other terms of this Agreement, Browku shall have the right toterminate the Agreement in any case or issue by providing 30 days’ notice to the customer.
Ownership of Flats
Browku and / or its business partners shall at all times during the term of this Agreement, retain title to and / or be the beneficial owners of the Flats delivered to the Customer, pursuant to the Agreement. Nothing in this Agreement shall be construed as a transfer of ownership of the Flats to the Customer. The Customer shall give immediate notice to Browku if any of the Flat is about to become liable or is threatened with seizure and the Customer shall indemnify Browku against all loss and damage caused by such action against its Flats. The owner is granting the Browku full rights to advertise the flats and pictures on any platforms and carry out maintenance and repairs on timely basis. Also If the company feels to change the locks and lights and other stuff.
assignment
The Customer shall not assign or transfer any interest in this Agreement without the written consent of Browku. Any such transfer or assignment shall be considered illegal and hence a violation of the terms of this Agreement.
Advance Subscription Fee
Any advance rental amount or subscription fee credited on the Browku account will not be eligible for a refund. Although, the same can be used for any existing or future subscriptions with Browku
Indemnification
The Customer shall indemnify, defend and hold Browku harmless from and against any claim, demand, cause of action or loss or liability (including, but not limited to, attorneys’ fees and costs) for any Flat/ Product damage or personal injury arising from the Customer’s use of the Flat/Product by any cause, except to the extent such is caused by negligence or wilful misconduct. The provisions of this clause shall survive the termination of this Agreement with respect to any claim or liability accruing before such termination. In no event shall Browku be liable for any direct, indirect, special or consequential loss or damage arising out of the Customer’s use of the Flats/Products.
Governing Law
This Agreement shall be governed by the laws of India and shall be subject to the exclusive jurisdiction of courts in Kanpur U.P.
Entire Agreement
This Agreement (together with the Annexure) constitutes the entire agreement between Browku and the Customer. The acceptance of this Agreement also signifies the acceptance of the Customer, to the terms and conditions on the Browku website. In the event of any conflict between the terms and conditions on the Browku website (including the privacy policy) and this Agreement, the terms and conditions on the Browku website shall supersede. The Company reserves the right to amend the terms and conditions of this Agreement and the website from time to time, the customer is requested to check the website for updates of terms and conditions.
Limitation Of Liability
In no event shall Browku be liable for indirect, special, incidental, or consequential damages, or any loss of revenue, profits, or data of any kind in connection with use of the Flats/Products, even if it has been advised of the possibility of such damages.
Notwithstanding any other provision of this Agreement Browku’s total liability to Customer shall not exceed the total amount of 1 (one) month rental from the Customer. Browku reserves the right, at any time, without prior notice and liability and without assigning whatsoever, to add/alter/modify/change or vary all of these terms and conditions or to replace, wholly or in part, this offer by another offer, whether similar to this offer or not, or to extend or withdraw it altogether. Browku shall not be liable for any loss or damage arising due to force majeure.
Flexible Tenure policy
Browku provides its Customers, an option to opt for flexible tenure for an early extension of the term of the Agreement. In case of early closure, the Customer can request for closing the agreement by informing Browku, any time before a month prior to the date the Customer wishes to close the agreement. Browku offers its Customer different yearly subscription rates depending on the tenure of the Agreement at the time of the yearly agreement. In the event of early closure, the Customer shall be liable to pay the early closure charges which shall be calculated (please refer to www.browku.com for a detailed break up) based on the tenure selected by the Customer. Any extension or early closure shall be done only through the Browku website and such extension or early closure shall be deemed to be pursuant to this Agreement.
