Terms and Conditions
- Party or Parties: shall mean either IFM or You, (together referred to as the “Parties”).
- IFM/Service Provider: Herein “We”, “Us” and “Our” means IFM and its affiliates in its capacity as the manager of the benefits owed under these Terms and Conditions.
- Customer: shall mean “You” or “Your” referring to the owner of a single-family residence and the subscriber of this Plan(s)or an authorized representative(s) on behalf of the owner previously stated.
- Helpdesk: The Service Provider’s centralized call centre that Customers contact to place orders, track enquiries, send invoices and request support services.
- Technician: means skilled employee of the Service Provider or a hired independent person for a particular repair or replacement services.
- Term: means the period of one (1) year, beginning with the Effective Date.
- Effective Date: means the date the Customer becomes eligible for Covered Repairs under the Package subscribed.
- Trial Period: means a seven (7) day trial period from Subscription Date.
- Site: property location of the Customer.
- Site Survey: upon receiving a Package request by the Customer, a Site Survey will be done by the Service Provider on the Site before the Package requested is approved.
- Renewal Date: means the day following receipt of the Package fees in order to renew the Initial Service Contract for another Term.
- Initial Contract: The agreement signed by the Customer on its first Package purchase.
- IFM Home Maintenance App: The free of charge mobile application available to download on any Android (Google Play) or Apple device (App store) operating system (including iPad and tablets) that allows Customers to access the Packages, make requests and receive notifications.
- Duration of Service: means one (1) hour maximum per Site visit on a prior appointment basis.
- Covered Repair(s): means the repair or replacement of eligible parts or materials covered by the Package selected by the Customer.
- Non-Covered Repairs: means any and all repairs (including but not limited to, materials and associated labor charges) that occur on parts or materials not explicitly stated as a Covered Repair under the Package selected by the Customer.
- Subscription: On confirmation of receipt of payment for the Package selected, a notification shall be sent by the IFM Helpdesk portal to the Customer via the Mobile App or email provided.
- Subscription Date: means the date on which payment is made by the Customer to the Service Provider for a particular Package.
- Services: means maintenance services including carpentry, painting, masonry, cleaning, electrical, plumbing, air conditioning etc. No transfer of possession or ownership takes place when Services are sold.
- Service Request/Call: is when the Customer contacts the Helpdesk number 17410022 or sends a request through the Mobile App for Covered and Non-Covered Repairs.
- Preventative Maintenance: means regular maintenance such as (without limitation to what is provided here) routine cleaning, replacement of air filters, and lubrication of motors, in accordance with manufacturers’ recommendations.
- Ticket Number: means the ticket number automatically generated by the IFM Home Maintenance App upon receipt of a service request from any Customer.
- Account: is the collection of data associated with a particular Customer provided at the time of subscribing a Package. Each account comprises a user name and password, and defines security access levels, disk storage space, etc.
- Content: means the data provided by the Customer such as the Customer’s name, mobile number, email id, property details or any other personal information shared by Customer within the website or the application.
- Website – Website shall mean the website of IFM/Service Provider which is www.ifmgcc.com
TERMS AND CONDITIONS
- Package(s): means the Package to be utilized by the Customer (Silver/ Gold/ Platinum /customized) and provided by the Service Provider as a prepaid service. This includes the repair services for Covered Repairs required due to normal wear and tear. The Customer becomes entitled to Covered Repairs pursuant to its Package(s) after the first payment is received and continues thereafter so long as the Customer makes timely payments.
In the event of non-payment, the Customer will be notified of the non-payment. If the Customers fails to rectify this, the Package(s) shall be suspended at the end of the Term and thus, so will the Covered Repairs. The Initial Service Contract is automatically renewed upon receipt of payment from the Customer for the outstanding payment and thus so will the Terms and Conditions herein. No refunds will be provided for any Cancellations during the Term.
Parties agree that these Terms and Conditions do not give rise to an insurance contract.
- Non-Covered Repair Quotation: means the quote submitted by the Helpdesk to the Customer prior to undertaking any Non-Covered Repair work. The quotation will contain information identifying the Non-Covered Repairs and the charges. The Customer is to sign in and approve on the IFM Home Maintenance App/Website or confirm to the Helpdesk via email, which will amount to an acceptance of the charges associated with the Non-Covered Repairs. The Technician will then undertake the Non-Covered Repairs. Based on the approval received from the Customer, the Service Provider will issue an invoice for the Customer’s immediate payment which is separate from any amounts paid or payable as per the Package(s).
- Benefits of the Plan(s): when a Service Request is made by the Customer requiring a Technician, or if believed that a Technician is required, the Customer shall be entitled to have a Technician assigned and dispatched to the Site. The Service Provider will dispatch a Technician to undertake the repairs under the Package(s). It is agreed that an effective response time is subject to weather conditions and time-of-year situations.
All Service ticket number will be handled in the order in which they are received (except Emergency Calls – see below). The Service Provider will handle Service Requests/Calls 24 hours a day for 7 days a week. Service Requests/Calls after 5pm during weekdays will be assigned and dispatched the following day, except Emergency Calls which will be handled immediately.
- Procedure: Procedure to be followed for repairs is as follows:
i.In case of Covered Repair, the Customer is to make a Service Request/Call
ii.Service Provider will arrange for the suitable Technician to call the Customer to schedule the Covered Repair at Site.
iii.Customer will have no forms to submit and no bills to pay for Covered Repairs. If the work to be performed is not a Covered Repair under the Package (Non-Covered Repairs), the Customer must sign off on the Non-Covered Repair Quotation.
- Service Expenses: The Service Provider will only bear the cost of labor overed the Package (including Electrical, Plumbing, Carpentry works etc.) However, the Customer will bear any and all costs for any Non-Covered Repairs, which will be billed separately. The Customer will also bear any and all costs for any and all defective equipment, materials or spare parts that require replacement. The Service Provider shall provide a formal quotation to the Customer for approval for any additionally required material, parts and any heavy job work as a Non-Covered Repair Quotation. The Service Provider provides no express or implied warranties for existing equipment at the Site. Preventive Maintenance is not covered under any Package(s). The Service Provider shall not be responsible for service or parts the Customer has been provided from any other companies. The Service Provider shall not be responsible for any costs related to access of Site. Package(s) do not cover the cost of gaining access to the appliances and/or equipment on Site such as without limitation to system components or restoration costs such as plaster, drywall, or ceiling repair.
- Equipment Requirements: All equipment installed at the Site is required to comply with local laws and regulations. All equipment must satisfy manufacturer requirements for proper installation; must be in good operating condition at the time of application of the Package, and; must be properly maintained. The Service Provider reserves the right to inspect equipment any time after the receipt of a Subscription, and to reject the Subscription if the equipment subject to the Package is not functioning properly. Non–compliance of these eligibility requirements will entitle the Service Provider to withhold service and/or cancel the Package for that particular equipment by issuing due notice to the Customer of such non-compliance. The Customer is responsible for Preventive Maintenance.
- Access: The Customer is required to provide the Service Provider with safe and reasonable access to the Site.
- Exclusion: Packages do not cover any materials, spare parts and/or labor required as a result of flooding, fire, freezing, riots, any abnormal conditions, force majeure, Customer negligence or the replacement, repair or maintenance of any devices, parts or controls other than those specifically covered by each Package. These Packages are intended for the repair of equipment, not the replacement of equipment which at the Technician’s own discretion is deemed beyond repair. If We determine that a piece of covered equipment cannot be repaired, We reserve the right not to repair the equipment but to recommend the equipment be replaced at Customer’s own expense. In the event that We do not make a repair for this reason, the Service Request/Call will be covered by the Package.
- Lapse of Coverage: If Your payment is received by Us after the Package has expired, Your payment will be returned to You. You must then re-subscribe to the Package. When Your coverage is re-issued, You will have a new Effective Date. Any additional billing resulting from the handling of a partial payment or Lapse of Coverage may result in additional charges.
- Cancellation: You may cancel this Package any time by issuing a thirty (30) days written notice via registered mail, titled ‘Cancellation Notice to Service Provider. If You cancel Your Package during the Trial Period, charges will be calculated on a pro rata basis. Furthermore, We are authorized to deduct from Package charges.In case the Customer makes no Service Requests/Call during the Trial Period, a full refund will be returned to the Customer. However, after the Trial Period, there will be no refund applicable. Coverage will terminate for non-payment by the Service Provider issuing a thirty (30) days written notice sent via registered mail titled ‘Termination Notice due to Customer’s Non-Payment’.We have the right to cancel this program at any time upon Thirty (30) days’ notice and proportionate refund, after deduction of cost of service already availed by the Customer as per the Package, shall be made to the Customer.
- Amendment: The Service Provider reserves the right to amend these Terms and Conditions from time to time by providing a copy of such new Terms and Conditions to You for Your approval which should be communicated back to the Service Provider via registered mail. Failure to communicate Your approval in writing will be deemed as approval within two (2) weeks of being notified of the amendment.
- Liability:We shall not be liable for damages, including any indirect, incidental or consequential damages that arise from;
i. i. Any defects in materials provided by the Customer that was then used to maintain Covered Repairs; or
Defects in workmanship provided under the Package. There are no express or implied warranties, warranties of merchantability, or warranties of fitness for a specific purpose offered with your Package. Our liability for defective materials or workmanship is limited to repair of the defective material and/or a corrective service visit. We shall not be liable under any circumstances for incidental or consequential damages, including, but not limited to, lost profits or any other expenses, loss or damage directly or indirectly arising from the performance or non-performance of your Package or any covered Service(s) under your Package or the use or inability to use the covered Service(s) to which your Package applies.
- Indemnity: The Customer agrees to comply with all applicable laws, shall maintain the highest business and ethical standards and shall indemnify and hold harmless the Service Provider for any fines, penalties, legal and professional fees, or other direct damages caused by the Customer within the Site or executing the work as per the Service Request/Call.The Customer waives any right of recourse against the Service Provider and shall hold harmless and indemnify the Service Provider from and against claims, demands or proceedings resulting from any direct or indirect damages arising from an act and or an omission of the Service Provider relating directly or indirectly to the execution of the Service Call as well as any personal injury to or death of any Party, representative or employee, whatever the cause of the personal injury or death including the negligence of the other Party.
- Entire Agreement: This Terms & Conditions constitutes the whole agreement along with the Package(s) and supersedes all previous agreements between the Parties. Each Party acknowledges that, in entering into these Terms & Conditions, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in these Terms & Conditions.Nothing in this Clause shall limit or exclude any liability for fraud or for fraudulent misrepresentation.
- Governing Law & Dispute Resolution: Any dispute, claim and/or matter of interpretation arising directly or indirectly from these Terms & Conditions shall be governed by the Laws of the Kingdom of Bahrain. The Parties agree that any dispute, claim and/or matter of interpretation related directly or indirectly to these Terms & Conditions shall be resolved by arbitration pursuant to the Arbitration Law No. 9 of 2015 of the Kingdom of Bahrain before one (1) arbitrator. The Parties agree that the seat shall be Manama, Bahrain and the language of the arbitration shall be English.
- Assignment: Package(s) subscribed to by a Customer is not assignable, save that the Service Provider may assign its rights under these Terms & Conditions to any subcontractors/ entity in its Group without requiring approval from the Customer.
- Severability: If any provision of the Package or this Terms & Conditions is void by the operation of Law, it shall not affect the validity of the whole agreement and other terms and conditions will remain in full force and effect.