Terms & Conditions

General Terms

Pursuant to your request to market the residential units at “Morya”, 88A, B.L. Saha Road, Kolkata -700 053, being developed by Sugam Diamond Abasan LLP (SDALLP)with effect from the Effective Date specified in Application Form appended hereto.

It shall be your duty to get registered as a Real Estate Agent with the West Bengal Housing Industry Regulation Authority under the provisions of the West Bengal Housing Industry Regulation Act, 2017 (WB HIRA), prior to facilitating any marketing activities for Morya.  Further, it shall be your duty to share the WBHIRA registration number with SDALLP.

You shall perform your activities in active consultation with SDALLP.

It shall be your obligation to disclose to any Customers the prevailing rates and payment schedules, as revised from time to time by SDALLP, also the terms and conditions for sale of the subject units, as may be stipulated by SDALLP. Further, it shall be your sole responsibility to obtain the updated price schedules from SDALLP as may be revised from time to time, including the availability of the units, prior to entering any discussions with any party for the same.

All applications referred by you shall be subject to scrutiny by SDALLP.

SDALLP reserves the right to reject any of your proposals without assigning any reason and you shall not be entitled to receive any fees/remuneration for any such rejected proposal on any ground whatsoever.

You shall not make any representation or commitment, written or otherwise, to any customer, for or on behalf of SDALLP nor shall accept any communication, for and on behalf of SDALLP.

For any transaction concluded through your efforts, you will be paid fees of 2.5%of the consideration calculated based on the cost of units and vehicle parking space only, as mentioned in the price schedule prevailing at the time when the relevant transaction is concluded and excludes taxes if any payable.

Your fees, if any, shall become due and payable only after realization of the allotment money(20% of total consideration)by SDALLP from the customer and upon successful execution of the Agreement for Sale (AFS) as also receipt from you of all the necessary documents, including the General Terms and Conditions (GTC) duly signed by the applicant(s) in the manner instructed by SDALLPalong with all necessary documents, declarations, etc.

SDALLP offers an incentive scheme on a quarterly basis starting from April 2018 (e.g. Q1 – April to Jun, Q2 – July to September, Q3 – October to December & Q4 – January to March) on your fees after concluding transactions in respect of the below-mentioned slabs. The retrospective effect will be applicable for slab 2 & 3.

Slab 1	Upto 4 Crore	2.5%
Slab 2	4.01 – 8 Crore	2.75%
Slab 3	Above 8 Crore	3%

You shall be required to submit proper invoices to claim your fees within 1 month of payment of allotment money by the customer and the same shall be cleared by us within 1 month, subject to our review and approval.

SDALLP shall, at its sole discretion, determine the units sold through your intervention and therefore the manner and amount of fees payable to you.

For any transaction concluded by you, wherein the allotment is cancelled at any time post payment of entire fees paid to you by SDALLP, you shall be required to reimburse SDALLP within 30 days from the date of raising the demand for such refund by SDALLP.

In furtherance to clause 11 above if you fail and/or default in reimbursing the same within the stipulated time then SDALLP shall be entitled to pursue all remedies available in law for recovery of the demanded amount and the said amount will act as a secured debt on you. SDALLP also reserve the right to adjust such amount against any amount payable by SDALLP to you/your company/any sister concern of yours.

You shall also be obliged to market the residential units in cognizance with the overall vision of the project envisaged by SDALLP’s team of architects and planners.

You shall keep SDALLP and its directors, associates and affiliates safe, harmless and indemnified against all claims, demands, causes of action, losses, damages, liabilities, estimated or incurred, resulting, directly or indirectly, from any of your acts or deeds.

It is clarified that the above-mentioned arrangement with you is on a non-exclusive basis.

You shall promote the interests of SDALLP with the utmost good faith and diligence.

The relationship created hereunder is a personal one and you shall not assign the rights granted hereunder to any third party.

You are not allowed to represent that you belong to SDALLP and/or are employed to SDALLP.

You hereby confirm that you have no authority to accept any payment or issue any receipt against payment made by the customer on behalf of SDALLP. You are also not entitled to issue any written statement or make any written communication related to the said project or SDALLP.

The aforesaid arrangement shall automatically terminate on the expiry of One Year from the effective date and any renewal of thereafter shall be at the sole discretion of SDALLP and on such revised terms and conditions as SDALLP may its sole discretion determine, it is being clarified that your liability to keep SDALLP indemnified against all your acts and deeds shall be binding on you even on expiry of the said arrangement.

You shall not provide any discount to the customer and this agreement will stand automatically terminated in the event of any breach of the above-mentioned conditions.

The relationship between you and SDALLP shall be governed by the laws of India. The courts in Kolkata will have exclusive jurisdiction.

 

Non-Disclosure Agreement and Brand Guidelines

For Channel Partners of Morya

 

Any communication (including but not limited to printed advertising, Web, Outdoor or E-mail) must be approved in writing by an authorised associate of SDALLP prior to publishing.

Rendered view of the property or amenities belonging to Morya cannot be used unless approved in writing by an authorised associate of SDALLP.

No part of the brochure or any controlled circulation material shared for training or indicative purposes shall be circulated to an external member or any party without prior written approval by an authorised associate of SDALLP.

No SMS and E-mail communication directly or indirectly mentioning the name of the project or SDALLP can be circulated either en-masse or individually to any third party without explicit approval/consent from an authorised associate of SDALLP. Content for said approved SMS/E-mail cannot be changed post-approval.

Publication of any information on the website or on any digital or printed medium should be as per the circulated standard project information sheet by SDALLP. You are obligated to be in touch with the authorised associate of SDALLP for the update on the project from time to time.

Usage of any of the partners involved in SDALLP in any project in any written, printed, electronic or any other form of communication is strictly prohibited unless explicitly approved in writing by an authorised associate of SDALLP.

None of the corporate logos of any of the partners of SDALLP can be used. Only the logo of the project can be used with explicit approval for an authorised associate of SDALLP.

No website, blog, microsite or landing page or social media page including but not limited to Facebook, Twitter, LinkedIn and Pinterest can be created which directly or indirectly shares materials, information of the project of SDALLP without prior written approval from an authorised associate of SDALLP.

None of the logos, images from SDALLP marketing materials, images or logo of partners involved in the project on the partner’s website cannot be used without proper prior approval by an authorised associate of SDALLP.

All approvals must be accorded in writing or through E-mail of company domain and no oral approvals will be solicited or accepted.

The materials shared by SDALLP are internal documents which are solely our property and not to be shared to any external party.

You are not allowed to share any form of design made for SDALLP or any communication with SDALLP to any external party and those would be the sole property of SDALLP.

You are bound to maintain secrecy about the project you are working with and the information is limited to internal members only.

Any violation of the above-mentioned guidelines will be constituted as a serious breach and shall lead to cancellation of the commercial contract, forfeiture of all outstanding payments due (including fees and other receivables from SDALLP) in addition to strict legal action by SDALLP (and/or the partner companies).

 

Referral Scheme Terms

 

Under the Referral Scheme, existing customers of Morya can refer their friends, family or colleagues to purchase an apartment at the project, Morya. If their reference makes a booking at Morya, they can avail the Referral Bonus as per the scheme.

This Referral Scheme is applicable only for the purchase of flats at Morya. The Referrer in the scheme must be an existing customer of Morya and can refer new customers and subsequently avail of the referral benefits.

There can only be one Referrer per new booking.

All bookings in the Referral Scheme will be done at the prevalent rate at the time. Referral amount cannot be deducted from the booking rate/ amount.

Payment will be made once all the current dues of the referred customer have been cleared and the Referrer does not have pending dues against his apartment.

If there is any involvement of Channel Partner (Brokers) then referral scheme stands null and void. The referral scheme will not be applicable in case the prospective referred customer, as per records of Sugam Diamond Abasan LLP, has already approached Sugam Diamond Abasan LLP in the past enquiring about the project.

Simultaneously on the booking, the Referrer should submit a Referral Form on our Website- www.morya.info.  Referrals made after the booking has been received will not be valid.

To be eligible for the scheme, the Referrer’s name should be mentioned in the Referrer’s section of the referred customer’s (new booking) booking form.

Once the Referral Form is approved and the current dues as per the Payment Schedule for the new booking (by the Referred customer) are paid, a Referral Approval Letter will be issued to the Referrer.

If the Referrer cancels his own unit then he will not be entitled to the Referral Bonus. If the Referral booking is cancelled, the Referrer will be liable to return the amount received as a Referral Bonus for the referred booking.

After the Referrer has met all the terms and conditions, the redemption of scheme amount can be done by filling out a Redemption Form along with the Original Referral Approval Letter. Loss/theft/damage to the Referral Scheme Letter might result in cancellation of redemption. No duplicate Referral Scheme Letter will be issued in any circumstances.

Sugam Diamond Abasan LLP reserves the right to amend/alter/modify/withdraw the scheme at any time without any prior intimation.

In case of any dispute, the decision of Sugam Diamond Abasan LLP shall be final and binding on all parties.

For any question on the scheme, please contact us on +91 (033) 309902249, or email us at –morya@sugamhomes.com.