MHEGURU expend tremendous resources to provide our platform and services, to connect you with Service Engineer. You are prohibited from making side-agreements or engaging in activities that can be deemed competitive to MHEGURU with any user outside of our platform.
Once introduced to a Service Engineer on our platform, you are prohibited from entering into any business transactions or agreements with any Service Engineer outside of our Platform at all times during your use of our platform and for a period of two years thereafter.
You also agree not to make direct payments to any Service Engineer for the services provided to you and you will only accept services from Service Engineer through our platform. We will terminate a Customer’s access to and use of the Website if such Customer is found to be making payment outside the Service to any Service Engineer found through the MHEGURU.
Remedies for Violation of this Section. You recognize and agree that any violation of the disintermediation and non-circumvention provisions set forth above, either during the term or for two years after the termination of this Agreement, will cause irreparable harm to Company. In the event that you violate or threaten to violate any of these provisions, at any time during this Agreement or after, Company will have the right to enforce these terms by means of injunctive relief.
Customer's terms and condition
Non-Circumvention Policies
Customer Terms
By accessing or using the Services, you are accepting this Agreement and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. If you do not agree with all of the provisions of this Agreement, do not access and/or use the Services.
Specific Requirements for Service Engineers
If Customer requires any specific requirement (due to the nature of the Industry) to be fulfilled in relation to the Service Engineer like Insurance etc, Customer agrees that all such requirements to be part of the enquiry submitted to MHEGURU. MHEGURU will ensure that all the Service Engineer allotted adheres to such specific requirements.
Indemnification
In addition to the indemnity provisions located in our general Terms of Use, Customer will defend, indemnify and hold harmless MHEGURU, its Affiliates, Authorized Users, and each of their respective directors, officers, employees, shareholders and agents and all of their respective successors and permitted assigns (the “Indemnified Parties”), from and against any and all suits, claims, actions, liabilities, losses, damages, costs and expenses (including, but not limited to, interest, penalties, reasonable attorneys’ fees and other expenses of litigation) and causes of action of whatsoever kind (collectively referred to as “Claims”) which may be incurred by, asserted against, or recoverable from any Indemnified Party arising out of or relating to (1) any negligent acts or omissions of Customers or its agents, employees or representatives in the performance or omission of any act or responsibility assumed by Customer under this Agreement; or (2) any contract entered into by you or your agents, including, but not limited to, the classification of a Service Engineer as an independent Professionals.
Last Updated: These terms were last updated on Feb 24, 2020.
Services Related Dispute Procedures
In the event that a Customer has a good faith and belief that the nature or quality of the services provided by any Service Engineer are not consistent with industry standards or these Terms of Use, Customer will be permitted to request a refund subject to the following terms and conditions:
Notice Period.
Within five (5) calendar days of the date the Service Engineer marks the project as “Complete” (the “Customer Dispute Notice Period”), the Customer will provide written notice to MHEGURU by submitting a support ticket through the Platform setting forth in reasonable detail the facts and circumstances which are the basis of the Services-Related Disputed Matter (each, a “Services-Related Dispute Notice”). The Customer’s failure to submit a Services-Related Dispute Notice within the Customer Dispute Notice Period will constitute such Customer’s permanent waiver of his or her right to request a refund.
Mediation Period. In the event that the Customer does submit a Services-Related Dispute Notice within the Customer Dispute Notice Period, MHEGURU will attempt in good faith to work with the Customer and the Service Engineer for a period of up to fourteen (14) calendar days from the date of the Services-Related Dispute Notice (the “Services-Related Disputed Matter Mediation Period”) to resolve the Services-Related Disputed Matter. In the event that the Services-Related Disputed Matter is successfully resolved within the Services-Related Disputed Matter Mediation Period, each of the Customer, Service Engineer and, if relevant, MHEGURU will take the agreed upon steps to execute the agreed-upon resolution. If the agreed-upon resolution results in return of any portion of Customer’s upfront payment, MHEGURU will refund the agreed-upon amount within ten (10) days from the date the Services-Related Dispute is resolved.
Final Determination. In the event that the Services-Related Disputed Matter remains unresolved at the conclusion of the Services-Related Disputed Matter Mediation Period, by no later than the fourteenth (14th) calendar day after the end of the Services-Related Disputed Matter Mediation Period, MHEGURU will make a determination in its sole and absolute discretion (the “Services-Related Disputed Matter Decision”), and based upon the information provided by the Customer and Service Engineer, as to whether the nature and quality of the Service Engineer’s services rendered in connection with the allotted Job which is the subject of the Services-Related Disputed Matter were consistent with industry standards and these Terms and Conditions. If it is determined that a refund is warranted, MHEGURU will refund the agreed-upon amount within ten (10) days from the date the Services-Related Dispute Matter Decision. Should MHEGURU decide the Services-Related Disputed Matter in favor of the Service Engineer, the Customer will not be entitled to a refund and MHEGURU will release the held funds to Service Engineers.
Customer Payment Terms
Customer Payment Terms – Payment for each job will be collected from the Customer either Upfront at the time of requesting the job on MHEGURU Platform or strictly (a) at the completion of the Job and presentation of the Service / Closure report approved by the Customer representative, (b) within the credit terms agreed upon with the Registered Customers as mutually agreed with MHEGURU team. After Customer prepares a proposed Service Request on the portal, Customer must also agree upon the amount of Service fees to be paid to MHEGURU for each job.
Customer will have to strictly pay the full amount of the agreed-upon fee directly to the MHEGURU as per the MHEGURU’s bank account details provided either through Net banking or Payment Gateway attached on the website, in addition to our processing fee, if any. In case of any additional scope of work to be assigned to the Service Engineer, while he is on the site of the respective customer, the same also has to be first approved by MHEGURU team and included in the final invoice payable by the customer. Customer acknowledges that MHEGURU will not pay interest on the funds it holds on deposit. Customer understands that MHEGURU will not hold Customers advance payment separately or in an escrow account.
Payment of Fee to Service Engineer- Service Engineer will ONLY be paid by MHEGURU after the Service Engineer (a) has completed all services and tasks relating to the project, (b) has uploaded and sent to the Customer via the Platform all necessary electronic reports and materials required in the Work Order (c) has verified, via the Platform, that the services, tasks, and document upload have been completed, and (d) the Customer has accepted, via the Platform, the services and otherwise made no complaints concerning the nature, quality, or timeliness of the work. Customer will have five (5) days from the day the Service Engineer marks the job as “Complete” to accept the services. If Customer fails to accept the services in that time period, Customer will have the right to use our Dispute Resolution Procedure to dispute the nature of the work or request a return of any funds. After the said time period mentioned in the Dispute Resolution, MHEGURU will have no further financial obligation related to the transaction.
Additional Scope of Work Needed. If a project requires more task to attend than the maximum number of task as mentioned and agreed in the Service Request, it will result in an increase in the price of the project, Service Engineer must obtain Customers approval, and Customer must agree to pay the additional charges as applicable to MHEGURU as per the invoice including the additional scope of work. The Platform will provide a function that allows the Service Engineer to request more tasks for the approval from the MHEGURU team.
Refund of Upfront Payments. In situations where the Service Engineer is not able to attend the call due to some unavoidable circumstances, the entire fees paid upfront by the Customer (Not registered as a Paid Member) will be refunded back to the Customer within 5 working days.
Payment Information; Taxes. All information that you provide in connection with a purchase or transaction must be accurate and complete. Customer will pay any applicable taxes, if any, relating to any such services or transactions.
Responsibility for Payment. Customer is responsible for all fees, including taxes, associated with the use of the Service. It is responsible for providing MHEGURU with a valid means of payment. Customer must keep current payment information on file with us and it’s account must be adequately funded to pay for any services rendered.
Processing Fee Authorization. An applicable processing fee may be applied to payments to the Service Engineers prior to deposit in their bank account. By agreeing to these terms, you are giving us permission to charge this fee and are fully aware that it is part of the transaction between yourself and MHEGURU.
