Terms and conditions for appointment of Channel Partner
1. Channel Partner should be registered as ‘Agent’ under provisions of the Real Estate (Regulation and Development) Act, 2016 and the Rules framed thereunder with the Real Estate Regulatory Authority (RERA).
2. Channel Partner Form must be submitted/registered with Hiranandani before any marketing and promotional activity is carried out and invoicing.
3. Registration/appointment of Channel Partner shall be sole discretion of Promoter (may change project to project). Channel Partner registered with Promoter will not have authority to market any/all projects unless disclosed/declared on RERA website. Therefore, just registration with Promoter does not classify someone as an authorised Channel Partner.
4. Booking of Apartment/s through Channel Partner will be considered only if:
a) An authorised representative of Channel partner accompanies the client during their first site visit at the sales office.
b) The channel partner must ensure that the customer acknowledges in writing the intermediary role on the enquiry form.
c) If client does not wish to honour the services of channel partner during the first visit, the enquiry will not be mapped under the name of Channel Partner.
d) The customer will be registered under the channel partner for a period of 90 days.
e) If the client comes with another channel partner, within 90 days and closes the deal, the Brokerage for the said deal will get divided on 50-50 basis. i.e. 1% each.
f) If Customer Complaints regards to any Channel Partner misguiding & trying to make Customer negative for Hiranandani Projects where two Channel Partners are involved 50-50 basis sharing will not be applicable. The positive Channel Partner will only get full brokerage and negative Channel Partner will get zero brokerage.
5. The Brokerage will be paid at the applicable rate only upon receipt of the total due amount and also the registration of the property for under construction buildings. For ready buildings, Brokerage will be released only on receipt of full and final payments and registration of the property.
6. In the event of cancellation of a booking prior to receipt of 20% of consideration value, the Channel Partner will not be eligible for Brokerage.
7. The Brokerage will be payable to the Channel Partner within 45 days after the completion of all required documentation formality and after receiving due payment.
8. If the Allottee/s defaults in payment of sale consideration pursuant to which the deal gets cancelled then in such circumstances the Channel Partner will not be required to refund the Brokerage paid by the Promoter but the said Brokerage shall be refunded by the Allottee/s as agreed.
9. The Promoter shall have the right to terminate this Agreement in the event that there is a default on the part of the Channel Partner in performance of its obligations hereunder or breach of any of the terms and condition of RERA and/or this agreement.
10. The Channel Partner shall not assign any of its rights and obligations hereunder to a third party.
11. This Agreement shall be subject to the exclusive jurisdiction of the Courts of Mumbai alone.
12. Promoter will not be liable to pay any fine, charges or fees levied by RERA and other government laws in case of breach of the rules of the RERA by Channel Partner.
13. Channel Partner registration under RERA shall be valid for such period as may be prescribed, and shall be renewable for a period in such manner and on payment of such fee as may be prescribed by Rules thereunder.
14. The Channel Partner shall use only those literature and promotional materials which would be given to the Channel Partner by the Promoter and shall not develop or use any other promotional materials.
15. If the Channel Partner desires to conduct any form of marketing activity which involves the usage of the Promoter’s brand name, logo or project images or any other form of direct linkages with the Promoter’s name he/ she/they must take prior written approval from the Promoter and concerned authority. For e.g.: Details on the Channel partner website, emailers, SMS, Whatsapp, blogs, social media page.
16. The Channel Partner will not misrepresent to the client that he or she is an employee of Hiranandani Group of Companies.