TERMS & CONDITION FOR JALWATCH

Please read these terms of service and Purchase Order/Work Order & Rental / Sale Agreement

(together, these “Terms”) carefully as they form a contract between You (“Customer”) and

Pistalia. It governs use of and access to the Service(s) by You, Your Affiliates, Users and End-

Users. In the event of a conflict between these terms of service and Purchase Order/Work Order

or Rental / Sale Agreement, these terms of service shall prevail.

 

1. SCOPE OF SERVICES

 

PISTALIA shall provide a mobile application called "JALWATCH" to the Customer, with access for

each resident to their respective apartment, along with an administrative dashboard for the

facility management team to make data and data analytics available with regard to the

monitoring and consumption of water to the Customer's premise.

PISTALIA shall provide water meter/sensors, cables, conduits, GATEWAY units (“PISTALIA

Materials”) as per Product Specifications Document;

The Customer understands that the mobile application and administrative dashboard are

provided on an "as-is" basis for the purpose of providing data to the Customer;

 

2. RESPONSIBILITIES OF PISTALIA

 

PISTALIA shall:

 

a. Perform all Services in a diligent and sincere manner and to the best of its abilities, following

prescribed industry standards.

 

b. PISTALIA will provide online training for the Administrative Dashboard and share a video on

how to use the Mobile Application with the Customer.

 

c. In the event of a power issue or any issue with internet connectivity, once the issues are

resolved then the data for the lost time will be calculated on pro rata basis.

 

d. In the event of any issue with the GATEWAY, PISTALIA will take all reasonable measures to

ensure the same is fixed as per the SLA. The Customer acknowledges that any issue with the

GATEWAY will result in data loss and data for the lost time will be calculated on pro rata basis

 

e. PISTALIA will ensure data update time to cloud will be a maximum of 15 minutes during

normal time. If the data doesn’t update within this timeframe, PISTALIA will notify the Customer

and the customer should ensure that the GATEWAY is turned on. If the above steps are taken

and the data is not updating or update time is longer than 20 minutes, the Customer should

intimate PISTALIA by creating a ticket as per process mentioned in Clause 7.

 

f. PISTALIA will provide access to the Mobile Application by linking one Email Address to a

single apartment and the facility team will be provided the user name and password for the

Administrative Dashboard.

 

g. Inform the Customer of any delay in the provision of Services, in a timely manner.

 

h. PISTALIA will follow all required safety norms during installation and service.

 

i. Raise invoices in a timely manner.

 

j. Comply with the terms herein.

 

3. OBLIGATIONS OF THE CUSTOMER

 

The Customer shall:

 

a. Make payments in a timely manner as per the payment schedule and terms herein and

comply with all the other terms.

 

 

b. The Customer shall completely cooperate with PISTALIA and make all necessary

arrangements for PISTALIA to install and service the water meter/ sensors from time to time.

 

c. If scaffolding is required at the time of installation, the Customer is required to make

permanent provision to ensure accessibility or will have to bear the cost of scaffolding for any

maintenance work required.

 

d. Customer will take reasonable effort to provide uninterrupted power supply to the

GATEWAY. Customer acknowledges that any usage during power outage will result in data loss

for this period.

 

e. Customer shall provide 230V AC supply for the Unit in close proximity to the same.

 

f. Refrain from utilizing the Services or data provided for any illegal and/or immoral purposes.

 

g. Raise concerns or complaints in a timely manner to PISTALIA

 

h. Customer should take all necessary precautions to ensure that there are no foreign particles

Including but not limited to sticks, twigs, etc. in the water supplied to the pipelines

 

i. The Customer shall follow the instructions provided by PISTALIA at all times and ensure that

PISTALIA Materials are not tampered or interfered with.

 

j. The Customer understands that PISTALIA shall be entitled to indefinitely suspend the services

in the event of delayed payments made by the Client, at the discretion of the PISTALIA

 

k. The Customer understands that PISTALIA is not responsible for the differences if any

between the source input and Sum of all inlet-measuring points.

 

l. PISTALIA is only responsible for meters installed by their team and will not be liable for any

meters or materials provided by third parties.

 

4. WARRANTY FOR FLOW METERS

 

a. PISTALIA warranty covers the meters, Gateway and other material "PISTALIA Materials"

supplied by PISTALIA as explained in Annexure D, subject to the terms contained herein.

 

b. The following shall be excluded from warranty and shall render the Warranty void:

      i. Any damage or interference with the PISTALIA Materials by persons other than

      PISTALIA authorized personnel;

 

      ii. Damage to the PISTALIA Materials due to foreign particle, dust, scaling

      accumulated in sensors;

 

      iii. Damage to the PISTALIA Materials due to any scaffolding, carpentry, civil work

     or other activities by third party;

 

     iv. Any kind of accidental damage/ theft/ vandalism;

 

      v. Electrical short circuit, voltage fluctuation, power fluctuation damage caused

      due to fluctuations in the main power supply or due to lightning;

 

      vi. Damage caused to PISTALIA Materials by any kind of pests including rats and

      rodents;

 

      vii. Meddling with the PISTALIA Materials by an external contractor;

 

      viii. Damage or malfunction caused due to acts of God including earthquake,

      flood, fire etc.;

 

      ix. Sensor reading mal-fluctuations due to fault in the plumbing line or due to

      alteration of plumbing line by any third party post installation of meters;

 

      x. All damages and failure arising due to abuse, negligence of the Customer to

      follow the operating procedures and instructions outlined by PISTALIA;

 

      xi. Improper use of system;

 

      xii. Wrong connections made persons other than PISTALIA authorized personnel.

 

c. The Client will bear the cost of replacement of any PISTALIA Material occurring out of

Warranty as per Clause 4(b).

 

d. PISTALIA shall ensure that the equipment parts replaced will be equivalent in performance of

existing parts.

 

5. WARRANTY FOR FLOW METERS

 

a. PISTALIA”s warranty covers the meters and other material "PISTALIA Materials" supplied by

PISTALIA as explained in Annexure D, subject to the terms contained herein.

 

b. The following shall be excluded from warranty and shall render the Warranty void:

 

      i. Any damage or interference with the PISTALIA Materials by persons other than

      PISTALIA's authorized personnel;

 

      ii. Damage to the PISTALIA Materials due to foreign particle, dust, scaling

      accumulated in sensors;

 

      iii. Damage to the PISTALIA Materials due to any scaffolding, carpentry, civil work

      or other activities by third party;

 

      iv. Any kind of accidental damage/ theft/ vandalism;

 

      v. Electrical short circuit, voltage fluctuation, power fluctuation damage caused

      due to fluctuations in the main power supply or due to lightning;

 

      vi. Damage caused to PISTALIA Materials by any kind of pests including rats and

      rodents;

 

      vii. Meddling with the PISTALIA Materials by an external contractor;

 

      viii. Damage or malfunction caused due to acts of God including earthquake,

      flood, fire etc.;

 

      ix. Meter reading mal-fluctuations due to water back flow due to the plumbing

      system or other plumbing fault;

 

      x. Sensor reading mal-fluctuations due to airflow or other fault in the plumbing

      line;

 

      xi. Meter reading mal-fluctuations due to alteration of plumbing line by any third

      party post installation of sensors

 

      xii. All damages and failure arising due to abuse, negligence of the Customer to

      follow the operating procedures and instructions outlined by PISTALIA;

      xiii. Improper use of system;

 

      xiv. Wrong connections made persons other than PISTALIA authorized personnel.

 

c. The Client will bear the cost of replacement of any PISTALIA Material occurring out of

Warranty as per Clause 4(b).

 

d. PISTALIA shall ensure that the equipment parts replaced will be equivalent in performance of

existing parts.

 

6. DISCLAIMER OF WARRANTIES

 

a. PISTALIA shall take reasonable measures to ensure that the data provided is accurate and

up-to-date, but does not provide any warranties that the data is always accurate or up-to-date

or that the application and dashboard will be completely error or bug-free;

 

b. The Customer understands and acknowledges that there may be errors in the data provided

from time to time and [ISTALIA shall take reasonable action to rectify any such errors;

 

7. SERVICE TURN AROUND TIME

 

a. PISTALIA shall take all reasonable efforts to resolve issues relating to gateway within 48

(forty-eight) hours of identifying the issue.

 

b. The Customer shall first ensure that the inlet is first tested as per the Self Diagnosis process

mentioned in the FAQ. If the issue is found to be due to meter malfunction, the Customer shall

raise a ticket in accordance with the support process communicated by PISTALIA.

 

c. The ticket raised by the Customer for meter failure, multiple communication error, gateway

error will be resolved within 72 (Seventy-Two) hours.

 

d. The tickets raised by the Customer for the single meter issue will be resolved within based

on appointment received for the particular apartment.

 

e. All timelines mentioned herein shall be exclusive of national, state and local holidays.

 

8. SUPPORT HOURS

 

a. In the event that the Customer is in need of support from PISTALIA then the Customer needs

to raise a ticker through app or send an email to info@pistalia.com.

 

b. PISTALIA will issue a ticket number on receipt of the email.

 

c. PISTALIA will get in touch with the Customer within 24 (twenty-four) hours via email, and if

the Customer is not satisfied with the answers provided by the support team, the Customer can

make a follow up call to PISTALIA on +91 63850 63859.

 

d. Calls without raising a ticket will not be addressed by PISTALIA.

 

e. The Parties agree that any maintenance work shall normally be done during working hours,

which are from Monday to Saturday from 09:30 hours to 18:30 hours. However, in the event of

an emergency, maintenance may have to be done beyond office hours and even on holidays.

These are only for exceptional cases and in such an event, prior arrangement through proper

communication should be made by the both the Parties.

 

9. DATA AND OWNERSHIP

 

a. The Customer understands and agrees that all the information pertaining to water

measurement and readings including but not limited to inflow, usage, outflow, wastage and

other data ("Data") is collected by PISTALIA through PISTALIA”s materials such as the meter and

sensors.

 

b. Data does not include personal data of residents such as name, email address, phone

number.

c. PISTALIA may use the anonymous Data to improve their services and for their own research

and development and may share anonymous Data to third parties.

 

10. SEVERABILITY; NO WAIVER

 

If any provision in these Terms is held by a court of competent jurisdiction to be unenforceable,

such provision shall be modified by the court and interpreted so as to best accomplish the

original provision to the fullest extent permitted by applicable law, and the remaining

provisions of these Terms shall remain in effect. Our non-exercise of any right under or

provision of these Terms does not constitute a waiver of that right or provision of the Terms.

 

11. RELATIONSHIP OF THE PARTIES

 

The parties are independent contractors. These Terms do not create a partnership, franchise,

joint venture, agency, and fiduciary or employment relationship among the parties.

 

12. CONFIDENTIALITY

 

a. Non- disclosure and Protection: The Parties agree that at all times during or subsequent to

the performance of the Services, the Parties will keep confidential and not disclose or cause to

be disclosed, publish, disseminate or otherwise make available or use Confidential

Information, except for the receiving Party's own use and only to the extent necessary to

perform the Services.

 

13. LIMITATION OF LIABILITY

 

In no event shall PISTALIA be liable for indirect, special, incidental, or consequential damages,

or any loss of revenue, profits, or data of any kind in connection with use of the Products, even

if it has been advised of the possibility of such damages. Notwithstanding any other provision

of herein PISTALIA total liability to Customer shall not exceed the total amount of 1 (one)

month rental collected from the Customer or 10% of the AMC value as applicable.

 

14. TERM AND TERMINATION

 

a. Term: The Terms herein shall take effect immediately from the Effective Date of the

Purchase Order and continue to remain in full force and effect for a period of 1 (one) year

(hereinafter, the “Period”).

 

b. Renewal: Upon expiry of the Period, the Terms shall automatically be deemed renewed each

year for an additional 1 (one) year unless the service is terminated in accordance with the

terms contained herein.

 

c. Suspension & Termination:

 

      i. PISTALIA reserves the right to suspend the Customer’s access to the App or

      PISTALIA Administrative Dashboard for late payment or non-payment of

      Subscription Charges. PISTALIA may at its sole discretion; provide the Customer

      with a period of fifteen (15) days (“Cure Period”) to make payment.

 

      ii. The Customer may elect to terminate services at any time. Customer may

      request to terminate Services by writing to info@pistalia.com and provide 1 (one)

      month’s advance written enlisting reasons for such termination. Any associated

      Service Data shall be retained for a period of 30 days from the date of termination

      of Services beyond which it shall be deleted during the normal course of

      operation.

 

      iii. Upon receiving notice of termination, the Customer will be invoiced for all

      amounts due subsequent to the previous invoice raised by PISTALIA. The balance

     of amounts due and payable by the Customer must be paid within 30 (Thirty)

      days of the termination notice. This shall include additional charges to be paid by

      the Customer for sensor removal that shall only be carried out by PISTALIA where

      applicable

 

15. FORCE MAJEURE

 

a. If a Force Majeure Event occurs, the party that is prevented by that Force Majeure Event from

performing any one or more obligations under the Terms herein (the “Nonperforming Party”)

will be excused from performing those obligations, on condition that it complies with its

obligations under clause 11c herein below.

 

b. For purposes of the Terms herein, “Force Majeure Event” means, with respect to a party, any

event or circumstance, regardless of whether it was foreseeable, that was not caused by that

party and that prevents a party from complying with any of its obligations under the Terms

(other than an obligation to pay money), on condition that that party that uses reasonable

efforts to do so, except that a Force Majeure Event will not include any a strike or other labour

unrest that affects only one party, an increase in prices, or a change of law.

 

c. Upon occurrence of a Force Majeure Event, the Nonperforming Party shall promptly notify the

other party of occurrence of that Force Majeure Event, its effect on performance, and how long

that party expects it to last. Thereafter the Nonperforming Party shall update that information

as reasonably necessary.

 

d. During a Force Majeure Event, the Nonperforming Party shall use reasonable efforts to limit

damages to the Performing Party and to resume its performance under the Terms.

 

16. INDEMNIFICATION

 

The Customer shall indemnify, defend and hold PISTALIA harmless from and against any claim,

demand, cause of action or loss or liability (including, but not limited to, attorneys’ fees and

costs) for any Product damage or personal injury arising from the Customer’s use of the

Product by any cause, except to the extent such is caused by PISTALIA negligence or wilful

misconduct. The provisions of this clause shall survive the termination of the Terms herein

with respect to any claim or liability accruing before such termination. In no event shall

PISTALIA be liable for any direct, indirect, special or consequential loss or damage arising out

of Customer’s use of the Products.

 

17. DISPUTE RESOLUTION, GOVERNING LAW AND JURISDICTION

 

The Parties agree to first mediate any disputes or claims between them in good faith and

resolve the disputes amicably and share the cost of mediation equally. In the event that

mediation fails, any claim arising out of or relating to the Terms shall be settled by Arbitration

in accordance with the Indian Arbitration and Conciliation Act, 1996. All hearings will be held at

Chennai, India and shall be conducted in English. The Service Provider shall appoint a sole

arbitrator to preside over the Arbitration proceedings.

The Terms shall be governed by and construed in accordance with the laws of India. The

adjudication of any dispute will be the exclusive jurisdiction of the courts of Chennai, India