GENERAL TERMS & CONDITIONS FOR THE MODULE BOOKING & COMMERCIAL SPACE BOOKING
"The space/s is/ are offered for booking for IT/ ITeS / Electronics/ IT support/ commercial activities as available and as specified.
The prospective entrepreneur (tenant)" is the person who agrees for reservation of module/modules at different location of Webel IT Park in West Bengal through the website of WBEIDC (Webel) www.webel-india.com.
The office spaces are to be let out for a specified period. The agreement / tenancy may be renewed at the discretion of the corporation (WBEIDC Ltd). The initial tenancy period should be 11 months/ three years/ five years, if not prayed otherwise. While booking the tenant has to confirm the tenancy period, i.e. eleven months, three years or five years.
The monthly rental rates and Service Charges for Common Area Maintenance (CAM) are based on carpet area for AC plug & play / NON AC Non Plug and Play/ AC NON Plug and Play/ Non AC commercial/ IT support spaces. The monthly/ daily rates for Co working space is based on per seat basis ( inclusive of Electricity/ band width).
The monthly rent / service charges etc for respective month should be paid on or before 10th of every English calendar month in advance.
At the time of booking , applicant has to pay the interest free EMD amount which is equivalent of 1 month's rent and 1 month's service charge excluding of GST for 11 (eleven) month's occupancy. For 36 (Thirty Six) months' occupancy, the EMD amount is equivalent of 3 (Three) month's rent and 3 (Three) month's service charge excluding of GST and for 60 ( Sixty) months' occupancy, the EMD amount will be 5 month's rent and 5 month's service charge excluding of GST. The EMD will be adjusted with the monthly rents in the coming bills.
If any allottee is unable to take possession of any 'ready for occupancy space' within 1 (One) month time from the date of booking, the allotment would be treated as CANCELLED and amount which they have deposited at the time of booking as EMD amount will be forfeited.
Fit-out Time: 15 (Fifteen) days [For AC plug & play] or 45 (Forty Five) days [AC Non Plug & Play / Non AC Non Plug & Play/ IT support/ Commercial] from the date of possession. After the Fit Out time, the allottee will receive monthly rental invoice either through mail/ hard copy which they have to pay within 10 days from the date of invoice is generated.
The Security Deposit amount will be paid by the applicant after the confirmatory mail/letter that will be sent to them from WBEIDC Limited.
Security deposit amount will also vary as EMD amount varies with the tenure of the occupancy as chosen by the applicant at the time of booking. Applicant has to pay the SD amount which is equivalent to 1 month's rent only excluding of GST for 11 (eleven) month's occupancy. For 36 (Thirty Six) months' occupancy, the SD amount is equivalent to 3 (Three) month's rent excluding of GST and for 60 (Sixty) months' occupancy, the SD amount is equivalent to 5 month's rent excluding of GST.
Tenant is liable to pay property tax or any other government (central and state) taxes or any other statutory taxes including municipal tax for the space occupied by them during the tenancy period.
The electricity charges / reimbursement should be paid by the tenant every month on basis of its actual consumption as per meter reading.
There is a provision of diesel generator and the Customer may use the same and pay its charges as per norms of Webel (WBEIDC Ltd.)
An Agreement is to be executed mentioning the terms and conditions between WBEIDC lTd and prospective Entrepreneur (Tenant) before taking over the space.
In case of office module / non-commercial space, the demised Premises shall be used by the Licensee/tenant only for setting up its own office for works related to IT, ITES and / or Electronics therefrom and for no other purpose. The Licensee/tenant shall not be entitled to undertake any construction / modification of structure in the demised Premises to expand the same in any manner.
The Licensee/tenant shall be entitled to bring into the Licensed Premises at its own cost and expense, furniture, furnishings, machines, CCTV cameras and other items required for it to set up and operate its own business from the said Licensed Premises. No CCTV will be allowed to be installed for any common space.
All fit outs and interior decoration work to be undertaken at the demised premises to operate the business of the Licensee/tenant there from shall be undertaken by the Licensee/tenant at its own cost and expense after obtaining approval from the Licensor/owner and in a good, workman like manner and without violating any laws, rules or regulations of the municipal and other authorities and with minimum noise. The modification/ alteration works are to be restored in a original condition at the cost of the tenant while leaving the space.
The Licensee/tenant shall be responsible for all consequences, including for loss of life and property, damages or accidents that may occur due to accidents occurring while undertaking the interior decoration work in the said Licensed Premises or due to any other reason during the tenure of the License.
The Licensor shall not be responsible or liable for any theft, loss, damage to or destruction of any property of the Licensee/tenant in the Licensed Premises or for any bodily harm or injury to any person in the Licensed Premises.
The Licensee/tenant shall not assign, sublet, underlet or part with the possession of the said Licensed Premises or any part thereof or transfer or assign the benefits of this Agreement to any person without the prior written consent of the Licensor.
The Licensee/tenant shall not offer the said Licensed Premises or any portion thereof as security to any bank, financial institution or to any third party for securing any financial obligation of the Licensee/tenant and shall not encumber the Licensed Premises in any manner whatsoever.
The Licensee/tenant shall install, conduct and operate its business from the Licensed Premises strictly in accordance with the terms and conditions of this Agreement and also in accordance with the provisions of all other applicable laws, regulations and bye-laws.
The Licensee/tenant shall be solely responsible to deal with any litigation and/or claim arising out of operation of its business from the Licensed Premises at its own cost and expense. The Licensee/tenant shall indemnify and shall keep the Licensor indemnified in respect of all expenses incurred by the Licensor in defending any litigation instituted by any person in relation to operation of the business operations of the Licensee/tenant from the Licensed Premises and also in relation to any damages or fines imposed by any Court or other judicial authority on the Licensor.
The Licensee/tenant shall reimburse to the Licensor the proportionate rates of property taxes in respect of the Licensed Premises. In the event there is any enhancement in the present municipal taxes, rates or taxes or there is any imposition of any new taxes, rates, levies, cess etc. in respect of the Licensed Premises, the Licensee/tenant shall reimburse the same to the Licensor.
The Licensee/tenant shall not change its constitution or status or the nature of its business without prior intimation to the Licensor in writing and shall not do the business of its associate companies, if any, from the Licensed Premises.
The Licensee/tenant shall apply for and obtain and keep valid all statutory licenses, registrations, permissions and clearances from the concerned authorities and abide by all the municipal laws, local laws, labour laws, environmental laws etc. as may be required for use of the Licensed Premises and for operating its business operations therefrom and pay all service tax, sales tax, income tax etc. and also all cess, rates and levies applicable in respect thereof and shall indemnify and keep indemnified the Licensor from all losses, damages, costs claims, demands and proceedings that may be suffered by the Licensor due to any defect, negligence or non-compliance in respect thereof.
At the expiration or sooner determination of the said License period, the Licensee/tenant shall peaceably and quietly yield and deliver up unto the Licensor, vacant possession of the Licensed Premises together with all fixtures and fittings that are now existing or that may hereafter be put up or be affixed by the Licensor to the Licensed Premises or any part thereof and all other properties, if any, belonging to the Licensor in such good order and condition as the same now are, usual wear and tear excepted.
On expiry or sooner determination of the License, the Licensee/tenant shall remove their furnishings, furniture, equipment and other movable items from the Licensed Premises.
The Licensee/tenant shall ensure that all personnel and staff employed by it shall use the entrance and route specified by the Licensor for entry to and exit from the Licensed Premises and also use only the toilets and washrooms specified by the Licensor.
During the period of license, the Licensee/tenant shall use the Licensed Premises with care and caution and shall maintain the interior of the same in proper repair and conditions, including regular repair and upkeep of plumbing, electric lines and fixtures, reasonable wear and tear excepted. The day to day repair of the Licensed Premises, such as repair of electric fuses and fittings, and other fixtures in the Licensed Premises, including furniture and all other fittings and fixtures shall have to be carried out by the Licensee/tenant at its own cost and expenses.
The Licensee/tenant shall pay proportionate share of all common expenses, charges, taxes, rates, cess, impositions and outgoings and also all maintenance charges and all other expenses levied by the Licensor from time to time for management and maintenance of the Licensed Premises and the decision of the Licensor in respect of the amount of such proportionate common expenses, maintenance charges, impositions and outgoings shall be final and binding on the Licensee/tenant. The Licensee/tenant agrees that in the event of default on the part of the Licensee/tenant in paying the common expenses and maintenance charges within a period of 10 days from the date of demand made by the Licensor, the Licensor shall be at liberty to disconnect and/or suspend all common services to the Licensed Premises till such dues are paid in full with interest therein.
The Licensee/tenant shall keep the common areas, parking areas, paths, passages, driveways, lobby, corridors, common installations etc. in the Premises free from obstructions or encroachments and will not do or cause to be done anything in or around the Licensed Premises which may cause any damage to any flooring or ceiling of any other portion over below or adjacent to the Licensed Premises and other part of the Premises.
The Licensee/tenant shall maintain at its own cost and expense, the Licensed Premises in good order and condition and shall abide by all laws, bye-laws rules and regulations framed by the Kolkata Municipal Corporation/ Kolkata Metropolitan Development Authority/ CESC Limited / WBSEDCL / NKDA / NDITA and / or any statutory authority and / or local body with regard to the use and maintenance of the Licensed Premises.
The Licensee/tenant shall pay any and all penalty, surcharge, interest, costs, charges and expenses arising out of any delay, default or negligence on the part of the Licensee/tenant and payment of all or any of the proportionate maintenance charges and also as may be charged by CESC/ WBSEDCL or any other agency for provision of electricity at the Licensed Premises.
The Licensee/tenant shall not undertake or carry out any structural or permanent alternations or additions to the interior or exterior of the Licensed Premises at any time without the prior written consent of the Licensor.
The Licensee/tenant shall pay electricity charges on actual basis within 10 days from the date of the bill regularly, which may accrue in relation to the licensed premises for which separate sub-meter shall be provided by the Licensor. In respect of electricity charges, the Licensor shall only act as 'pure agent' and incur expenses on behalf of the Licensee/tenant. Any other charges / costs payable in respect of the electrical fittings of the Licensed Premises and for procuring an electric meter shall be borne by the Licensee/tenant. If the License fails to pay electricity bills within the stipulated date, the Licensor shall have the right to disconnect such supply immediately.
The License shall pay all charges for general utilities like telecom, fax, internet or any other utilities, if consumed within the Licensed Premises on actual.
The Licensee/tenant shall pay all charges for the water consumed in or for the Licensed Premises on actual basis.
The Licensee/tenant shall permit the Licensor, his employees, agents or servants, with or without workmen during reasonable hours in day time to enter into the Licensed Premises or any part thereof to view and examine the state and conditions thereof.
The Licensee/tenant shall arrange for adequate security of the Licensed Premises through hiring of security personnel from a renowned security agency and by way of any other method, as may be necessary, at the Licensee/tenant's expense.
The Licensee/tenant shall take out comprehensive and all risks insurance of the Licensed Premises including all fittings, fixtures, furniture and other articles therein and also of its employees against damage or injury arising out of fire, burglary, theft, accidents, riots, strikes and malicious damage, storms, cyclones, floods and other Acts of God, earthquakes, commotions etc. with a reputable insurance company in the name of the Licensee/tenant for such sum as may be approved by the Licensor. The Licensee/tenant shall pay premium of the said insurance policy regularly. The Licensee/tenant shall deposit with the Licensor/owner, a true copy of the insurance policy and shall produce the premium receipts whenever asked for by the Licensor.
The Licensee/tenant shall not carry on or allow to be carried on in the Licensed Premises, any unlawful activities, offensive trade or prohibited business or any activities which may be considered offensive or a source of nuisance, damage, annoyance, inconvenience or danger to the Licensed Premises and shall not store hazardous goods or substances in the Licensed Premises.
The Licensee/tenant shall put up its name plate and/or glow sign outside the Licensed Premises only at the spaces designated by the Licensor and at the spaces designated by the Licensor and at no other place.
Delay, default and termination:-------In the event any of the following circumstances arise: If the License Fee/rent and/or electricity charges and/or any other sums of money payable under these presents shall remain unpaid for a period of Two months (whether the same shall have been legally or formally demanded or not); If there shall be any breach or non-observance or non-performance on the part of the Licensee/tenant of any terms, conditions, covenants and/or agreements herein contained and on the part of the Licensee/tenant to be observed and performed; If the Licensee/tenant or its officers at the demised Premises indulge in unlawful activities, offensive trade or prohibited business or any activities which may be considered offensive or a source of nuisance, damage, annoyance, inconvenience or danger to the Licensed Premises. In the event of such cases as mentioned above, the Licensor/owner shall call upon the Licensee/tenant by giving 30 days' notice in writing to pay the unpaid License Fee and/or other charges, interest etc. and/or rectify the defaults and/or breaches on the part of the Licensee/tenant and in the event of the Licensee/tenant failing to comply with the requisitions mentioned in the notice from the Licensor within the 30 day notice period, it shall be lawful for the Licensor to terminate the agreement. In such event, the Licensee/tenant will hand over the peaceful possession of the said premises to the licensor. In the event the license is determined, all rights of the Licensee/tenant hereunder or arising hereafter shall absolutely cease and determine but without prejudice to the rights of the Licensor to recover all damages, costs charges and expenses in respect thereof from the Licensee/tenant.
The Licensee/tenant shall not be entitled to remove its machinery, equipment, furniture and other materials from the Licensed Premises till such time the License Fee, electricity charges and/or any other amount due and payable to the Licensor under the Agreement have been paid and discharged in full by the Licensee/tenant.
If the Licensed Premises is kept shut or closed for a period longer than Two months without the prior written consent of the Licensor or if the same is vacant without the prior consent of the Licensor, then the Licensed Premises will be deemed to have been abandoned and it shall be lawful for the Licensor to take immediate possession thereof and also of the machinery, materials or goods therein without subjecting the Licensor to any action of trespass or otherwise.
The above said license of the Licensee/tenant may be terminated by the licensor at any time during the agreement by giving 30 days of written notice in writing to the Licensee/tenant if the Licensee/tenant contravene any terms & conditions of the agreement and will not rectify such breach within 30 days of notice.
The agreement can be terminated by either party by giving (1) one month Notice in writing to the other party but for 3 (three) months for above 11 months agreement.
The period of contract will be 11 (eleven) months / 36 (thirty six) months / 60 (sixty) months and will follow the scheme for extend the contract after review of the performance at the end of third year.
Entry into Webel premies by any Allottee's personnel will be subject to issue of gate passes/ ID Cards to such personnel for the purpose. Gate passes/ ID Cards shall be for a fixed period and shall be issued at the joint request of the Allottee and the personnel of the Allottee with respect to whom gate passes/ ID Cards are sought, in the format prescribed by WBEIDCL and shall be jointly signed by the Allottee and the concerned personnel.
General parking (apart from the parking reserved for Webel or Govt. Authorities.) will be available at the premises on first cum first serve basis for specific number of vehicles at the earmarked spaces. No confirmation on parking can be given if the available spaces are fully occupied.
By proceeding with booking and using the Services, the Customer acknowledges that she / he has read and understands the Terms and agrees to comply the same. Webel reserves the right to terminate the Customer's use or access to the Modules/demised space at any time for any reason, including, without limitation, if the Company learns that the Customer has provided false or misleading information or have violated the Terms etc.