TERMS AND CONDITIONS – Nestedge Pvt Ltd.

The website Nestedge Pvt Ltd., along with all our sub domains available and any other additional website on behalf of which services are provided, all our programs are operated according to the Indian companies act 1956. Therefore, all the given terms and conditions and guidelines that regulate the use of the service organizes a legally binding agreement among Nestedge Pvt Ltd. and the user.

Any other website associated with Nestedge Pvt Ltd. is just the online information and details provided to you, addressed to the consent with the terms and conditions given below.

It is recommended to please read the below-given documents properly. In order to access or use the services of Nestedge Pvt Ltd., if you agree, you will be bounded to the below-given terms and conditions of Nestedge Pvt Ltd.. In case you disagree to the below-given terms and conditions, you will not be able to access or use Nestedge Pvt Ltd.. If you have any further queries related to the terms and conditions, you can get in touch with us at info@nestowl.in

Nestedge Pvt Ltd. holds the complete right to change the given terms and conditions at any time; such modifications will be coming into effect immediately once the modified terms and conditions are posted. Therefore, you have access to review the revised terms and conditions from time to time so that you can get familiar with the updated terms and conditions and get continued access to Nestedge Pvt Ltd.. However, Nestedge Pvt Ltd. also has the right to suspend the operation at any time for the upgradation, maintenance work or to post the content or due to any other reasons.

In case you use the information of Nestedge Pvt Ltd. inconsistently with the terms and conditions. Then, they might block your current or future access to take the benefits of the services.

DEFINITIONS

It is not granted to any user to include any other person or individual or any of the legal entity who previously is subscribed for the Nestedge Pvt Ltd. services and to whom the access to Nestedge Pvt Ltd. is blocked. The terms and conditions have been made clear that the only authorized user has the right to access the services provided by the Nestedge Pvt Ltd.

The use and access to Nestedge Pvt Ltd. will be addressed to the terms and conditions and community guidelines. In regard to this agreement, any individual who does not have the right or is restricted to access the services but still does so, then such an individual will come under the category of the unauthorized user and will be therefore subjected to the terms and conditions regulating the use of terms and conditions.

Payment Terms

The payment made to Nestedge Pvt Ltd. in exchange for the service must be on a 100% advance basis. Once you have made the payment for the service subscription, then the payment will not be refundable. However, only those amounts will be refunded, which comes under the sole discretion of Nestedge Pvt Ltd. They are not responsible for any accuracy or timeliness of the refunds depositing to the user's bank accounts. The user confirms and agrees to the terms of Nestedge Pvt Ltd., at its sole discretion and without any harm done to the other remedies and rights that is given under the applicable law, must be liable to set off the payable amount or the amount to be paid by the user against any amount to Nestedge Pvt Ltd. under any other commercial relationship or agreement towards other product or service. We are not responsible for any guarantee regarding the server not working appropriately. All is done on the best effort basis, and the liability is bounded only to the refund amount. Moreover, the Nestedge Pvt Ltd. does not ask for any liability for the free services. We holds the complete right to alter or change all or any of the information given in the agreement terms at any point in time without giving any prior notice. It includes all the disclaimers or terms, no matter whether they are expressly given or should not be presumed to be considered if any further reference is made.

Nestedge Pvt Ltd. always ensures that maximum security is provided, especially during the electronic transfer of money, so that it doesn’t fall into the wrong hands. For processing the payment for an online transaction, the user is redirected to the payment gateway. We does not store or transfer any credit/debit card data. Moreover, the transaction is done at the third-party platform, which is not in control of the Nestedge Pvt Ltd. Even after the payment is successfully processed through an online transaction, the payment receipt is not accessible to anyone at Nestedge Pvt Ltd. In this way we provide the maximum security to the user.

Nestedge Pvt Ltd. will not be responsible for any damage or loss done to the user's information, Regardless of the information regarding the online transaction (credit/debit card) or any personal details of the user.

Refund in failed transactions

Though, Nestedge Pvt Ltd. payment settlement team works for 24 hours. Still, they do not guarantee the accuracy and exact time of refunds getting credited to the user's bank/card account. This may be because several organizations use the electronic transfer of money to process the payment; the problem might be with internet connectivity, and holidays of the financial institution might be the reason behind the delay of refunds transferring to the user account.

If you are inconsistently using Nestedge Pvt Ltd. and against the terms and conditions, then NIPL might block your current and future access.

INTELLECTUAL PROPERTY RIGHTS

All the trademarks, services, services marks, logos, and brands displayed in the Nestedge Pvt Ltd. are the property either owned or acquired under license by Nestedge Pvt Ltd. or by its branches. All the property rights, statutory or other rights, entirely rest with the Nestedge Pvt Ltd. and its branches. Nestedge Pvt Ltd. does not grant the user any license or intellectual right in respect of these marks. However, the utilization of the marks in any form or manner is strictly restricted if any violation against the marks would lead to a punishable offense under the prevailing laws of India.

Nestedge Pvt Ltd. considers the intellectual property rights of all the owners; it always does and will continue to comply to all the applicable laws in India in this regard. If any of the user are caught using Nestedge Pvt Ltd. to infringe the Intellectual Property Rights of actual owners, in such a situation, Nestedge Pvt Ltd. (NIPL) has complete right to eliminate the Agreement immediately without prior notice to the user.

Nestedge Pvt Ltd. might grant users a non-exclusive, non-assignable, revocable license that allows the user to use the service only if the user follows the applicable rules given in the terms and conditions of the agreement.

RESTRICTIONS/ PROHIBITIONS

1. In the below-given action includes the misuse of Nestedge Pvt Ltd. and are strictly restricted:

  • Using the service provided by Nestedge Pvt Ltd. in any form leads to impairing the interest and functioning of Nestedge Pvt Ltd., which is against the laws and regulations, including RERDA.
  • Sharing, modifying, selling, storing, distributing, extracting, or manipulating any content, information, data, including profiles like photographs, graphics, personal details given on the Nestedge Pvt Ltd. or any of its services or products operated by the NIPL in any manner or for those purposes which is not given in terms of use.

The users are strictly restricted from using or manipulating the content and data of the Nestedge Pvt Ltd. provided below:

  • For any kind of commercial purpose like forming an alternate database, providing access of the Nestedge Pvt Ltd. to the third parties without any prior written notice of the NIPL
  • Providing the Nestedge Pvt Ltd. access that is not under the contract
  • Taking up any of the business operations which are currently in competition with the business of Nestedge Pvt Ltd.
  • The users are strictly restricted on selling the product and services provided by Nestedge Pvt Ltd.
  • Trying to acquire unauthorized access either through hacking, password mining, or through any other manner to a) any part or characteristics of the Nestedge Pvt Ltd. or any of the services provided by the Nestedge Pvt Ltd. is not for you. b) Or any server, program, computer system, or website of the NIPL or any other third party
  • If the users attempt to breach the security or the authentication measures of the Nestedge Pvt Ltd.

Nestedge pvt ltd shall not be responsible for any property , broker data available on our platform nestowl , nestedge will do all possible due diligence possible for the property data , background verification of brokers , indian heroes but it might have errors too , we are just an aggregator platform for the services. We dont take any responsibility for any fraud done via our portal .we don't assures data will be 100% correct , consumer shall do self due diligence and then take a action .

BROKER AS NESTPRO’S TERM OF USE

I. The Parties. This Real Estate Agent Independent Contractor Agreement (“Agreement”) is made on whenever broker sign up on nestowl , by and between (“BROKER”) and NESTEDGE PRIVATE LIMITED

The BROKER and NESTEDGE PRIVATE LIMITED, collectively the “Parties”, agree as follows:

II. The BROKER . The BROKER is a RERA REGD./UN REGD. real estate agent in the State of india . In accordance with State and central law, the BROKER is duly qualified to solicit real estate as a service to the general public.

  • a) Status. The Parties agree that the services provided by the BROKER are as an Independent Contractor and no other legal relationship exists or is implied. Nothing in this Agreement shall constitute an offer of employment, a partnership, a joint venture, or any other form of relationship other than the BROKER relationship with the Agency.
  • b) Licensing & deal process. At the BROKER own expense, he or she will be required to remain in “good standing”, or the State’s equivalent, through the term of this Agreement. In the event the license issues to the BROKER is revoked suspended, or not renewed for any reason, the BROKER shall automatically terminate effective the date of termination provided. The BROKER agrees to hold the Agency harmless in any case related to licensing/fraud in legal process while going through the deal of buyer/seller.
  • c) Fines. The BROKER is entirely responsible for any fines or judgments made against them, including payment, in regards to the Real Estate Commission, the National Association of Realtors, or any other regulatory institution.
  • d) Best Efforts. BROKER shall exert his/her best efforts in all activities related to the listing, selling, buying or exchanging of real property and will always and at all times conduct himself/herself in full compliance with local state rules and guidelines and in a way that reflects the high standards of the NESTEDGE PVT. LTD.
  • e) Fees. The BROKER agrees to pay for all fees and expenses incurred in the process of joining nestowl and self pay all fee while dealing with a customer .
  • Qualification to join nestowl - Minimum 2 year experience in particular locality
  • No illegal and fraud case against you
  • Full time agent only
  • Self office space (rental or personal)
  • Served atleast 10 customers in last 12 months and must have closed atleast 5 deals

f) COMMISSION BY BUYER AND SELLER. The BROKER

  • Shall ask any amount of commission to personal account .
  • BUYER/SELLER Shall Pay 1% fix commission to our contract broker and if user is eligible for second deal concept or Indian heroes concept then user is applicable to demand 0.20% off on 1% commission from authorized brokers for this deal .
  • Timeline for 1% commission payments by the buyer/seller after the deal is closed shall be 10 days max after that a fine of 10% will be leveraged after each 15 days .

g) COMMISSION TO BROKER – User shall pay a fix 1% commission .

III. Withholdings. As an independent contractor, the broker understands they will be personally responsible for all Local, State, and central Taxes. In addition, the Broker agrees to indemnify the Agency for any and all liabilities or costs related to the aforementioned employment withholdings.

  • a) Employment Insurance. As an independent contractor relationship, broker provides no Worker’s Compensation or Unemployment Insurance coverage of any kind. Broker expressly waives such coverage and is hereby notified that if Workers Compensation Coverage is desired, Broker must personally obtain coverage directly from a licensed insurance carrier at the Broker sole expense.

IV. Office Support. The Agency shall not provide an atmosphere with support for assisting the Broker with running their own business.

  • a) Supervision. Agency is responsible for the supervision of all work performed by Broker as required by law and this Agreement. Except where such methods are inconsistent with the law or this agreement, Broker is solely responsible for the management of their own real estate business including, but not limited to, the management of time, efforts, expenses, etc. Agency shall have the right, to the extent required by law to direct or limit broker activities as to hours, leads, floor time, open houses, prospecting, reports, sales meeting attendance, services, time off, vacation, or other similar activities.

V. Brokers Authority. Broker is NOT an agent of the Agency and shall have NO authority to bind the Agency by any promise or representation unless such authority is expressly granted in writing which writing must include the specific time period and terms included in said agreement. Broker indemnifies and agrees to hold Agency harmless for any acts or omissions made by Salesperson contrary to this Agreement.

VI. Fair Housing Requirements. The Agency is committed to full compliance with all Central and State Fair Housing Laws. Therefore, Broker shall fully understand and comply with all Fair Housing requirements and shall not act or advertise in any way to deny equal professional services or housing opportunity to any person for reasons of race, color, religion, sex, handicap, familial status, or national origin as mandated in the “Equal Housing Opportunity Act” or any other current or future enacted regulations.

VII. Termination. This Agreement is considered to be month to month and as such, either party may “at-will” and without cause, terminate by providing no prior notice. Any fees, which were prepaid to Agency pursuant to the terms contained herein, shall be retained by Agency at the time of early termination in all situations. Agency shall have no further obligation or liability to broker beyond termination.

VIII. Commissions. All commissions charged by the Broker to a Client in the solicitation of their property to procure a sale shall be fix 1%. The Broker has no right to negotiate and charge their own rates.

IX. Assignment. The Broker shall not assign or otherwise transfer any of the rights and obligations so placed on the Broker hereunder. Any purported or attempted assignment or other transfer or delegation in violation of this section shall deem this Agreement null and void.

X. Indemnification. Broker agrees to indemnify and hold harmless the Agency, its agents, employees, officers, successors, assigns, and any other party deriving title under the term Agency from all fined, levies, suits, proceedings, claims, actions, or causes of actions of any kind whatsoever including, but not limited to, all costs, court costs, litigation expenses and attorney fees arising from, growing out of, in connection with or incidental to the Broker activities and operation of real estate business.

XI. Notice. Any notice to be given by one of the Parties to the other under, or in connection with this Agreement, shall be in writing and signed by or on behalf of the Party giving it, and addressed to the recipient at the mailing address, facsimile number, or following e-mail:

XII. Amendments & Modifications. At any time with thirty (30) days’ written notice, the Agency has the right to change the terms of this Agreement.

XIII. No Waivers. The rights and remedies of the parties to this Agreement are cumulative and not alternative. No waiver of any rights is to be charged against any Party unless such waiver is in writing signed by an authorized representative of the Party so charged. Neither the failure nor any delay by any Party in exercising any right, power, or privilege under this Agreement will operate as a waiver of such right, power, or privilege, and no single or partial exercise of any such right, power, or privilege will preclude any other or further exercise of such right, power, or privilege or the exercise of any other right, power, or privilege.

XIV. Severability. If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect, and, if legally permitted, such offending provision will be replaced with an enforceable provision that as nearly as possible effects the party's intent.

XV. Execution in Counterparts. This Agreement may be executed in counterparts (which may be exchanged by facsimile), each of which will be deemed an original, but all of which together will constitute the same Agreement.

XVI. Governing Law. The validity, construction, interpretation of this Agreement shall be governed by and construed in accordance with the laws of the State of Haryana & country india, without regard to principles of conflicts of law. The Parties hereby consent and agree to the exclusive jurisdiction of the state and federal courts located in said State for all suits, actions or proceedings directly or indirectly arising out of or relating to this Agreement, and waive any and all objections to such courts, including but not limited to objections based on improper venue or inconvenient forum, and each Party hereby irrevocably submits to the jurisdiction of such courts in any suits, actions or proceedings arising out of or relating to this Agreement.

XVII. Additional Terms and Conditions.

1) Broker shall : BUILD RELATIONSHIP WITH CUSTOMERS TAKE FULL RESPONSIBILITY FOR EACH CUSTOMER SUCSESS .

XVIII. Entire Agreement. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein, superseding all previous Agreement pertaining to such subject matter, and may be modified only by an amendment executed in writing by the authorized officers of both parties hereto. All prior agreements, representations, warranties, statements, negotiations, understandings and undertakings are superseded hereby.

Both parties hereto represent that they have read this Agreement, understand it, agree to be bound by all terms and conditions stated herein, and acknowledge, true and exact copy of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement under seal as of the day and year first written above.

NOTE - NESTPRO MEANS NESTPROFESSIONAL

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