Terms & Conditions

1. Scope of Work

We, Evershine Homes Contruction Company ("Builder"), commit to constructing the building on the specified plot of land as per the agreed plans, drawings, layouts, and specifications. The construction will be carried out using quality materials and in a professional manner.

2. Payment Terms

The Owner agrees to pay for the construction services as per the terms agreed upon between the Owner and Evershine Homes.

A minimum balance of ₹2,00,000/- must be maintained as agreed between the parties. Evershine Homes Contruction Company will commence construction within 15 days of receiving the first instalment and will endeavour to complete the project within ten months from that date, subject to the agreed scope of work and applicable circumstances.

3. Access to the Site

The Owner will provide Evershine Homes Contruction Company and its personnel, including subcontractors, employees, engineers, architects, and other authorised representatives, reasonable and necessary access to the construction site to perform their duties efficiently.

4. Services Provided

Evershine Homes Contruction Company may provide comprehensive construction and project-related services, including:

• Architectural consultancy and project planning.
• Design and development of structural drawings, floor plans, and material testing reports.
• Schematic development for water, drainage, electrical, and AC systems.
• Elevation design and 3D visualisation.
• Project budgeting and BOQ development.
• Site management, including inventory and material procurement.
• Site supervision and regular audits by senior engineers.
• Daily progress reports, camera surveillance where applicable, and maintenance of site expense records.
• Up to two years of free maintenance for electrical and plumbing work after project completion, subject to the agreed project terms.

5. General Terms

• A management fee of 15% of the total construction cost may be charged, along with applicable taxes, as agreed in the project agreement.
• Applicable management fees may be deducted monthly as per the agreed payment schedule.
• Evershine Homes Contruction Company shall not be responsible for leftover materials after completion of construction unless otherwise agreed in writing.
• Routine or petty site expenses may be incurred without separate prior approval where necessary for smooth project operations, subject to the agreed terms.
• Construction will follow standard procedures and work may not be carried out on designated holidays or non-working days.
• All project-related instructions should be routed through Evershine Homes Contruction Company. Direct instructions to contractors, labourers, or subcontractors should not be given without prior coordination with the company.
• Any additional costs arising due to work being stopped or delayed at the Owner's request may be payable by the Owner.
• Security costs, where required, will be shared or allocated as mutually agreed between the parties.

6. Inspection Rights

The Owner or their authorised representative has the right to inspect the construction work and materials at reasonable times. Any requested changes should be communicated to Evershine Homes Contruction Company, and the Builder will be provided reasonable time to evaluate and implement approved changes.

7. Term and Termination

This Agreement commences on the mutually agreed start date and will continue until completion of the project or earlier termination in accordance with the applicable terms of the agreement.

8. Indemnification

Evershine Homes Contruction Company will be responsible for addressing damage to the Owner's or neighbouring property where such damage is directly caused by proven negligence or misconduct of Evershine Homes Contruction Company or its authorised personnel, subject to applicable law and the terms of the project agreement.

Responsibility for accidents, injuries, or losses at the construction site will be determined in accordance with applicable law and the circumstances giving rise to such incident.

9. Force Majeure

Neither party will be held liable for delays or failure to perform its obligations where such delay or failure is caused by unforeseen circumstances beyond reasonable control, including natural disasters, government actions, war, strikes, epidemics, or other force majeure events.

10. Applicable Law

These Terms and Conditions are governed by the laws of India. Any disputes arising from or relating to these Terms and Conditions will be subject to the jurisdiction of the courts in Jaipur, Rajasthan, unless otherwise required by applicable law.

11. Non-Solicitation

To the extent permitted by applicable law, the Owner agrees not to directly solicit or hire employees of Evershine Homes who are actively involved in the project during the term of the agreement and for one year thereafter, unless otherwise agreed in writing.

12. Expenses

Each party will bear its own costs in relation to these Terms and Conditions and any associated documentation, unless otherwise agreed in writing.

13. Dispute Resolution

In the event of a dispute, the parties will first attempt to resolve the matter amicably through good-faith negotiation.

If the dispute cannot be resolved through negotiation, it may be referred to arbitration in Jaipur, Rajasthan, in accordance with applicable Indian arbitration laws and the terms agreed between the parties.

14. No Joint Venture

Evershine Homes Contruction Company acts as an independent contractor. Nothing contained in these Terms and Conditions shall be construed as creating a partnership, joint venture, employment, or agency relationship between Evershine Homes Contruction Company and the Owner, except where expressly agreed in writing.

15. Notices

All notices and official communications under the project agreement should be made in writing and delivered to the designated communication addresses or contact details provided by the parties.

16. Execution

Where a formal agreement is executed, it may be prepared and signed in duplicate, with one copy retained by Evershine Homes Contruction Company and the other by the Owner, unless otherwise agreed.

17. Right to Discontinue

The Owner may request discontinuation of the work where they are not satisfied with the quality or workmanship, subject to the terms of the project agreement.

Evershine Homes Contruction Company will be given an opportunity to review the concern and take reasonable corrective measures. If the quality or workmanship does not improve after appropriate corrective action, the contractor or project team may be replaced with a more suitable team, subject to the applicable agreement.

18. Liability for Defects

If structural defects, including leakages, cracks, or similar issues, arise directly due to proven defective design or workmanship attributable to Evershine Homes Contruction Company, Evershine Homes Contruction Company will take appropriate corrective measures in accordance with the agreed project terms and applicable law.

19. Acceptance of Terms

By requesting, accessing, or using the services provided by Evershine Homes Contruction Company, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.