Terms and conditions

1. Definitions

  • “Client” refers to any individual, corporation, entity, or other organization that enters into an Agreement with GeoConstech for the provision of services or products as outlined in these Terms and Conditions.
  • “Company” refers to GeoConstech, a corporation duly registered under the Companies Act of 1956/2013 and operating under the laws of its jurisdiction, specializing in chemical injection solutions designed to stabilize and strengthen foundations.
  • “Services” refers to the chemical injection solutions provided by the Company, which may include, but are not limited to, stabilizing and strengthening foundations, safeguarding projects, and ensuring structural integrity, as detailed in the Agreement entered into by the Client and the Company.
  • “Agreement” refers to the written or electronic contract entered into between the Client and the Company for the provision of Services, which includes any amendments, attachments, or supplementary documents.
  • “Terms” refers to the Terms and Conditions set forth in this document, governing the relationship between the Client and the Company regarding the provision of Services.

2. Acceptance of Terms

  • By engaging the Company for the provision of Services, the Client acknowledges and agrees to be bound by these Terms and Conditions, which shall constitute the entire agreement between the Client and the Company regarding the Services.
  • The Company reserves the right to amend, modify, or revise these Terms at any time at its sole discretion, without prior notice to the Client, with such modifications applying only to Services rendered after the date of such amendment.
  • By continuing to use the website or services after modifications to these Terms and Conditions, the Client is deemed to have accepted the revised Terms. If the Client does not agree with the amended Terms, the only remedy is to discontinue the use of the Company’s services immediately.
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3. Scope of Services

  • The Company agrees to provide the Services as described in the Agreement. The Services shall be rendered in accordance with the Company’s professional expertise and the industry standards for foundation stabilization and strengthening.
  • The Company shall employ the most advanced techniques and materials in providing the Services, selecting methods and materials best suited to meet the specific requirements and challenges of the Client’s project.
  •  The Company’s obligation is to perform the Services with due care and in a timely manner but does not guarantee a specific outcome unless explicitly stated in writing in the Agreement.
  • The Company shall make reasonable efforts to perform the Services effectively, but the results may depend on external conditions beyond its control, such as soil conditions, environmental factors, and construction variables. The Company does not guarantee any specific outcome unless expressly agreed in writing.

4. Responsibilities of the Client

  • The Client shall provide the Company with all necessary information, documentation, and access to the site or other locations where the Services are to be performed.
  • The Client shall ensure that the project site is adequately prepared, including removing any obstructions, ensuring safety measures are in place, and providing utilities or other resources required by the Company to perform the Services effectively.
  • The Client is responsible for obtaining all necessary permits, licenses, approvals, or authorizations required from government or regulatory bodies, unless otherwise specified in the Agreement.
  • The Client agrees to cooperate with the Company’s personnel and to make decisions in a timely manner to facilitate the efficient progress of the Services.

5. Payment Terms

  • The Client agrees to compensate the Company for the Services in accordance with the payment structure outlined in the Agreement, which may include payment in full, milestone payments, or progress payments.
  • Payments for the Services shall be due in accordance with the terms specified in the Agreement. Failure by the Client to make payment within the specified time frame may result in suspension or termination of the Services by the Company.
  • All payments due under the Agreement shall be made in the currency specified in the Agreement. The Client shall be responsible for all transaction fees, banking charges, or other fees associated with payment processing.
  • If the Client fails to make timely payment, the Company reserves the right to charge interest on the overdue amount at a rate specified in the Agreement or, in the absence thereof, at the maximum rate permitted under applicable law.

6. Liability and Indemnity

  • The Company shall perform the Services with reasonable skill and care in accordance with industry standards. The Company’s liability for any claim arising out of or related to the Services shall be limited to the total amount of fees paid by the Client for the Services rendered under the Agreement.
  • The Client agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from and against any and all claims, losses, damages, liabilities, costs, or expenses, including legal fees, arising out of or in connection with, the Client’s breach of these Terms or the Agreement, the Client’s failure to provide accurate or timely information, or the Client’s negligence, actions, or omissions in connection with the project.
  • The Company shall not be liable for damages resulting from unforeseen events or for any reason whatsoever, including third-party negligence, acts of subcontractors, governmental actions, or force majeure events beyond its control. The Client shall indemnify the Company against any legal actions, claims, damages, costs, or expenses arising from the Client’s failure to comply with laws, regulations, or contractual obligations

7. Warranty and Limitation of Liability

  • The Company warrants that the Services will be performed in a professional manner consistent with industry standards.
  • The Company does not offer any other express or implied warranties, including but not limited to warranties of merchantability or fitness for a particular purpose with respect to the Services provided.
  • In no event shall the Company be liable for any indirect, incidental, consequential, or punitive damages arising out of or in connection with the provision of Services, even if the Company was advised of the possibility of such damages.

8. Confidentiality

  • Both the Client and the Company agree to maintain the confidentiality of any proprietary or confidential information disclosed by the other party during the course of the Agreement.
  • The obligations of confidentiality shall remain in effect for a period of two (2) years after the completion of the Services, unless a longer period is required by applicable law or mutually agreed upon by the parties.
  • Confidentiality obligations shall not apply if disclosure is required by law, regulation, or a court order, provided that the disclosing party notifies the other party before making such disclosure, where legally permissible.

9. Force Majeure

  • Neither party shall be held liable for any delay or failure in performance of their respective obligations under the Agreement due to circumstances beyond their reasonable control, including, but not limited to, acts of God, natural disasters, government actions, labour strikes, or other events of force majeure.
  • In the event of a force majeure occurrence, the affected party shall promptly notify the other party and shall use reasonable efforts to mitigate the impact of the delay or failure in performance.

10. Termination

  • Either party may terminate the Agreement if the other party commits a material breach of any provision and fails to remedy such breach within thirty (30) days after receiving written notice specifying the breach.
  • Upon termination, the Client shall compensate the Company for all Services rendered up to the date of termination, including any costs or expenses incurred as a result of such termination.
  • Termination of the Agreement shall not affect any rights or obligations that have accrued prior to the termination date.

11. Governing Law and Dispute Resolution

  • The Agreement shall be governed by, and construed in accordance with, the laws of India. The courts of New Delhi, India shall have exclusive jurisdiction over any disputes arising out of, or in connection with, this Agreement.
  • All disputes shall be resolved through arbitration under the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted by a single arbitrator appointed by the Company, and the venue shall be New Delhi, India. The decision of the arbitrator shall be final and binding on both parties. Each party shall bear its own costs unless the arbitrator decides otherwise.
  • The arbitral award shall be final and binding on both parties and may be enforced in any competent court of law. The arbitral tribunal shall have the authority to determine the costs of the arbitration.

12. Intellectual Property Rights

  • All intellectual property rights, including but not limited to patents, trademarks, copyrights, and trade secrets related to the Services, shall remain the exclusive property of the Company. The Client acknowledges that no rights are transferred to the Client under this Agreement unless expressly stated.
  • The Client agrees not to copy, reproduce, or use the Company’s intellectual property for any purposes other than those explicitly authorized by the Company in writing.

13. Miscellaneous

  • If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remainder of the Terms shall remain in full force and effect.
  • The failure by either party to enforce any provision of these Terms shall not be construed as a waiver of such provision or any other provision.
  • These Terms and Conditions, along with the Agreement, constitute the entire understanding between the Client and the Company with respect to the provision of Services and supersede all prior or contemporaneous communications, whether oral or written, between the parties.

14. No Legal or Professional Advice

  • The information provided on this website and through the Company’s Services is for informational purposes only and does not constitute legal, engineering, or professional advice. Clients are advised to seek independent professional guidance before making decisions based on any information provided by the Company.

15. Data Protection & Compliance

  • The Company is committed to safeguarding user data and complies with relevant data protection laws. By using the website, the Client consents to the collection, processing, and storage of their personal information as outlined in the Privacy Policy.

16. Non-Solicitation

  • The Client agrees not to solicit, hire, or engage any employee, contractor, or subcontractor of the Company for a period of twelve (12) months after the completion of the Services. Any breach shall entitle the Company to claim damages equivalent to one year of the employee’s compensation

17. Fraud and Misrepresentation

  • The Client agrees that any fraudulent misrepresentation, false claims, or misstatements made to the Company shall result in immediate termination of the Agreement, forfeiture of any fees paid, and possible legal action for damages. The Company reserves the right to blacklist any such Client from future engagements.