Terms and Condition

HOME SERVICES TERMS AND CONDITIONS

These Terms and Conditions (“Terms”) apply to all requests, offers, orders and services purchased by you (the “Customer”) from Infracare Maintenance and Cleaning Services LLC (“Infracare”). These Terms govern the Customer’s use and receipt of the Services (as defined below) and are agreed between the Customer and Infracare, unless expressly agreed and varied by Infracare in writing. Your usage and receipt of the Services shall signify your agreement to be bound by these Terms, as may be amended from time to time. Any other statement or writing shall not alter, add to, or otherwise affect these Terms. If you are purchasing services on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case the term “Customer” shall refer to such entity. These Terms (and where applicable, the Quotation) make up the whole agreement between Infracare and the Customer and supersede any previous agreement between Infracare and the Customer relating to the same subject matter. By accessing and using the Services, the Customer acknowledges that it has read, understood, and agreed to be bound by these Terms. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of Infracare which is not set out in the Quotation and/or the Invoice. These Terms apply to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

1. DEFINITIONS

In these Terms, the following definitions apply:

Customer means the person or company (as applicable) who purchases services and/or products from Infracare;

Invoice means the invoice(s) issued in connection with the Services and the Terms;

Charges means the price payable by the Customer to Infracare as set out in the Invoice;

Quotation means the quotation, or where no quotation has been issued, the Invoice; and

Services means the services provided by Infracare to the Customer.

2. TERM

The Terms shall commence on the date Infracare commences the Services and, unless terminated earlier in accordance with its terms, shall continue thereafter until the date on which Infracare has completed the Services when it shall automatically expire. Where the Services are provided as part of a home maintenance package (as more fully described below), the term will be automatically renewed upon expiration.

3. SUPPLY OF SERVICES

• Infracare shall provide the Services using reasonable care and skill and shall use all reasonable endeavours to meet any performance dates specified but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.
• For the avoidance of doubt, Infracare shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and the customer shall be notified in any such event.

4. CUSTOMER OBLIGATIONS

• The Customer shall:
  • cooperate with Infracare in all matters relating to the Services.
  • ensure that any information it provides to Infracare (whether in an order, specification or otherwise) is complete and accurate.
  • ensure that the owner of the property and/or their representatives is present to enable access to the property by Infracare as agreed/scheduled and be present at the property for the duration of the service delivery. The Services must be performed under the supervision of such owner and/or representative. For the avoidance of doubt, if attendance of a scheduled and confirmed callout appointment is delayed or prohibited due to inability to gain access to the premises, the Services shall be considered as fulfilled /completed.
  • provide water and electricity as may be reasonably required for the Services to be carried out.
  • ensure there is a safe and secure means of access to all plant and equipment that requires maintenance (i.e. installation of permanent ladder access to pitch roofs for air conditioning equipment).
  • remove all obstructions around the area to be serviced (e.g. water tanks) to allow safe access.
  • bear any cost for any destructive access (such as cutting through ceiling plaster or panels) required for delivery of the Services.
  • promptly settle all Charges without any set-off, deduction or counter claim.
  • be responsible for obtaining any approvals, permits or NOCs required from the local authority, building management, community management, etc. prior to the commencement of the Services.
• If Infracare’s performance of the Services is prevented or delayed by any act or omission of the Customer or failure by the Customer to perform any of his/her obligations (“Customer Default”):
  • Infracare shall, without limiting its other rights or remedies, have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations to the extent the Customer Default prevents or delays Infracare's performance of any of its obligations;
  • Infracare shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from Infracare’s failure or delay to perform any of its obligations; and
  • the Customer shall reimburse Infracare on written demand for any costs or losses sustained or incurred by Infracare arising directly or indirectly from the Customer Default.

5. HOME SIZES

• Apartments are defined as homes that are vertically stacked above each other in a single building. In some cases, an apartment may be referred to as studio or a loft.
• Villas are defined as homes that are horizontally laid out either as free-standing buildings or with shared walls. In some cases, a Villa may be referred to a Podium Villa or a Townhouse.
• Bedrooms are defined as any room that is used for sleeping purposes. A Maid’s room, Driver’s room and/or and study that could be used as a bedroom are included in this definition when defining the overall home size.

6. HOME MAINTENANCE PACKAGES

• The scope of Services provided is defined as per the package description purchased as well as any additional options or variables selected during the order process.
• Maintenance Services will be scheduled over a recurring 12-month period as per the following:
  • Bronze Package:1 x Air Conditioning Scheduled Service and 6 free emergency call outs per year
    • For Customers who are on a quarterly payment plan, the Service can only be scheduled following the receipt of the quarterly installment / payment in advance.
  • Silver Package:2 x Planned Preventative Air Conditioning Service, 1 x Planned Preventative Electrical Service, 1 x Planned Preventative Plumbing Service and 6 free emergency call outs per year
  • For Customers who are on a quarterly payment plan, the 1st planned maintenance for AC/Electrical/Plumbing & Handyman Services can only be scheduled after 1st quarterly installment / payment in advance.
  • Gold Package: 3 x Planned Preventative Air Conditioning Service, 1 x Planned Preventative Electrical Service, 1 x Planned Preventative Plumbing Service and 12 free emergency call outs per year
  • For Customers who are on a quarterly payment plan, the 1st planned maintenance for AC/Electrical/Plumbing & Handyman Services can only be scheduled after 1st quarterly installment in advance.
• Spare parts are defined as specific items that must be purchased in order to repair an Air-conditioning, Electrical or Plumbing system. Unless explicitly stated as being included within the chosen package, all spare parts and consumables used to complete the scope of Services shall be chargeable over and above the package price and will be quoted separately to the Customer as required.
• Notification will be communicated to the Customer 1 week prior to a planned maintenance visit being carried out. If no confirmation is received by the Customer 48 hours prior to the appointment being carried out, the appointment will be cancelled. The Customer will have 1 further opportunity to reschedule said appointment within a 4-week period.
• The following items / activities are excluded from the scope of Services of all home maintenance packages:
  • Installation of any items / materials provided by the Customer (for safety reasons)
  • Any system or service not expressly mentioned in our scope
  • Any systems or services that are not under direct management of the landlord / tenant for the property (eg. systems managed by building management / communities)
  • Any addition, upgrade, replacement or partial preplacement to existing systems
  • Any rectification / modification to correct design, construction or commissioning faults
  • Modification and or insulation work for piping, ducting and internal duct cleaning
  • Replacement of water or drainage lines in shafts, air wells, water pumps, pressure vessels, bladders, water tanks etc.
  • Replacement of complete light fittings
  • Roof or basement leakage due to water proofing failure of the structure
  • Kitchen equipment
  • Audio visual equipment
  • Data and related components
  • Generators
  • Chilled water pumps or piping insulation
  • Garden Sprinkler/Irrigation systems and associated pumps and equipment

7. CALL OUTS

• The following Emergency Call Outs for reactive repairs on Air conditioning, Electrical or Plumbing Systems are included in the package cost and are designed:
  • Bronze Package:Maximum of 6 call outs
  • Silver Package:Maximum of 6 call outs
  • Gold Package:Maximum of 12 call outs
• A system emergency is categorized as:
  • Complete failure of A/C system in the premises
  • Complete failure of electrical power in the premises
  • Complete failure of water system pressure
  • Complete failure of plumbing drainage system
• Any system emergencies that are associated with issues for which Infracare has previously provided the Customer with a quote (that was not accepted) to fix the root cause of said issue will not be included as a complimentary call out and will be chargeable in full.
• The first hour of any call out is included for all packages. Additional hours will be charged (excluding VAT) as follows:
  • Bronze,Silver and Gold Package:AED 144 per hour

Non-package Holders: AED 170 for the first hour, AED 144 for any additional hours (materials will be charged separately)

• Infracare has a standard time frame to respond to callouts. If any damage is caused to the Customer’s property within this callout time, Infracare will not be held responsible for any damage to the Customer’s property, in the intervening time between the receipt of the call out request by the Customer, and the arrival of the Infracare team.

8. PAYMENT

• For on-request Services, the Charges for the Services shall be set out on Infracare’s website and/or the applicable Quotation. Any Quotation given by Infracare is only valid for a period of 30 days from its date of issue. Additional materials or expenses may be required for provision of certain Services. In such case, Infracare will inform the Customer about such requirements in advance.
• Unless otherwise stated in the Quotation, all amounts in an invoice are stated exclusive of VAT and/or any other applicable taxes or levy, which may be charged and payable in addition at the rate in force at the date that the relevant amount becomes payable. The Customer shall pay the Charges plus any applicable VAT.
• Infracare reserves the right to increase the Charges at any time, provided that such increases are notified to the Customer in writing.
• Payments can be made via MasterCard,Visa or AMEX credit/debit cards prior to the commencement of Services. Any refunds will be processed using the original method of payment. Where the Customer provides debit/credit card information for the payment, the Customer authorizes Infracare or the third party processor to utilize your information for processing payment.
• Payments due will be reflected on the Customer’s account. Where the Services are based on a quarterly package, payment is due quarterly in advance, prior to the commencement of Services for the relevant quarter.
• Without limiting any other right or remedy of Infracare, if the Customer fails to make any payment due to Infracare by the due date for payment in respect of Services performed or advance payment prior to the commencement of Services, Infracare shall be entitled to suspend the performance of Services until such payment is made or where Services have already been performed, shall have the right to charge interest on the overdue amount at the rate of 8 per cent per annum above the then current UAE Central Bank's base lending rate.
• The Customer shall pay all amounts due in full without any deduction or withholding and shall not be entitled to assert any credit, set-off or counterclaim against Infracare in order to justify withholding payment of any such amount in whole or in part.
• All payment transactions are to be made in AED only.
• If the Customer disputes any charge, it must notify Infracare in writing no later than 3 working days from completion of the Services following which, both parties shall cooperate in good faith to resolve the issue promptly. If the Customer fails to notify Infracare within said time period, the charge will be deemed valid and due in full.
• Call out charges are non-refundable.
• For on-request Services, 100% payment shall be collected prior to the commencement of Services unless otherwise agreed in writing by Infracare.
• Discounts and promo codes are only applicable on home cleaning, disinfection, deep cleaning, maintenance packages, one time AC service, plumbing service, electrical service, and handyman service. Discounts and promo codes will not be applicable on material, spares, and consumables used during maintenance and repairs

9. CANCELLATION

• In the event that a scheduled visit needs to be cancelled by Infracare, the visit will be rescheduled at no extra cost to the Customer.
• The Customer must give 48 hours’ notice to cancel a scheduled visit upon which the Customer will have 1 opportunity to reschedule the said visit within a 4-week period. Notification must be in written format with required details and to be sent to helpdesk@infracare.ae
• Customers using packages and making quarterly payments may cancel their package subscription with 30 days written notice to Infracare.
• No refunds will be provided for early cancellation of a maintenance package unless otherwise required by applicable laws.
• In the event of early termination of the Terms, or cancellation of an order and/or a service contract, Infracare shall be reimbursed by the Customer for all expenses properly incurred in providing the Services, including expenses falling due for payment after the date of termination which arise from commitments reasonably and necessarily incurred by Infracare for the performance of the Services. Infracare shall be entitled to invoice for such costs and expenses at any time following termination of the Terms.
• Infracare reserves the right to cancel any service or package at any time with immediate effect in the event that, in the reasonable opinion of Infracare the Customer is responsible for any of any of the following:
  • Abuse of staff
  • Fraud or misrepresentation
  • Misuse of the Services
  • Inappropriate or improper conduct

10. WARRANTY AND LIABILITY

• Infracare shall perform the Services and carry out its obligations hereunder in a professional and workmanlike manner in accordance with generally accepted professional standards and practices.
• Infracare shall use all reasonable endeavours to meet any performance dates specified but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.
• Infracare shall have the right to make any changes to the Services which are necessary to comply with any applicable law and/or safety requirements, or which do not materially affect the nature or quality of the Services, and the Infracare shall notify the Customer in any such event.
• Infracare warrants that it will remedy any defect that is caused as a direct result of Infracare’s negligence at no cost to the Customer provided that such defect is communicated in writing to Infracare within 7 days from the date of the original service taking place.
• Warranties shall not be provided on materials or spare parts unless the defect is proven to be as a result of Infracare actions or negligence and such defect is highlighted in writing to Infracare within 7 days from the date of the original service taking place.
• Infracare shall not be liable for any defects that are caused by or related to fair wear and tear, misuse, Customer or third-party actions.
• Except as expressly provided in these Terms, the Services or any information in relation thereto is provided on an "as is" and "as available" basis without any representation or warranties, express or implied, to the maximum extent permitted by applicable laws. Without prejudice to the foregoing, Infracare does not warrant that the Services will meet your requirements or will be free of errors or deficiency. Infracare shall use reasonable endeavours to deliver the Services timeously and to ensure the accuracy of the work performed by it but accepts no responsibility for any reliance placed by the Customer on any of the foregoing, nor for any advice or information given in connection with the Services.
• Nothing in the Terms limits or excludes Infracare’s or the Customer’s liability for: (i) death or personal injury; or (ii) fraud; or (iii) liability that cannot be limited or excluded under applicable laws.
• Subject to the point above, the aggregate maximum liability of Infracare arising out of a breach of contract or a negligent act/omission or wilful misconduct arising from the supply of the Services or otherwise shall not under any circumstances exceed the Charges paid to Infracare by the Customer in the 12 months preceding the event which gave rise to the claim.
• Infracare shall not be liable for any consequential, indirect, incidental or special loss or damage (including, without limitation, loss of business or loss of profit) howsoever arising (whether in contract, negligence, other tort or otherwise).
• The Customer acknowledges that, in entering into the Terms, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in the Terms, and any conditions, warranties or other terms implied by statute or law are excluded from the Terms to the fullest extent permitted by law.

11. GENERAL

• Neither party to the Terms shall be deemed to be in breach of the Terms if that party is unable to carry out any provision of the Terms (other than payment provisions) for any reason beyond its reasonable control.
• The Customer shall not be entitled to assign, sub-contract, or otherwise transfer any or all of its rights and/or obligations under the Terms without the prior written consent of Infracare.
• Infracare may freely subcontract any portion of the Services at any time without the consent of the Customer but shall be responsible for all acts and omissions of its subcontractors.
• Infracare reserves the right to refuse an order if it is deemed to require services beyond the reasonable scope indicated.
• No other obligations or services, either impressed, implied, or inferred, during any communications, are included in the Charges unless detailed in the package option or in a formal Quotation issued by Infracare.
• Should there be any changes to legislation applicable to the Services provided, any necessary changes to the Services and/or Charges will be implemented as determined by Infracare in order to comply with the new or revised legislation accordingly.
• You may login using the Infracare app or website to make payments or to schedule an appointment. For any assistance we can be contacted at 800-Infra (46372)
• For all Services, there is no warranty on any additional materials unless specified in advance of the Services being carried out.
• These Terms are governed and construed in accordance with the laws of the Emirates of Dubai and the federal laws of the United Arab Emirates, as applied in the Emirate of Dubai. Infracare and the Customer irrevocably submit to the exclusive jurisdiction of the Dubai Courts.