Agreement between User and eDrafter
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR AVAILING THE SERVICES YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This is an agreement providing the terms and conditions between you and eDrafter regarding the terms under which eDrafter provides you its services including information and software that are made available through the website eDrafter.in. The website eDrafter.in consists of various pages all of which are prepared, handled and managed by eDrafter. All the services of this website are offered to you under the condition of acceptance of these terms, conditions and notices contained in this document.
While using the website eDrafter.in you will have to do any or all of this:
- Enter Personal Information
- Enter Property Details
- Click on Links
- Register or Enroll in an account
- Create Document
- Request for Full Service and etc….
This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. eDrafter encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing the use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with rafter for services. If you do not agree to this Agreement (including any referenced policies or guidelines) or are below 18 years of age, please immediately terminate your use of the Website.
1. Disclaimer of Lawyer-Client Relationship
The website eDrafter.in is neither a law firm nor an agent of any lawyer and does not provide any legal advice. The use of the services of the website by you does not create an attorney-client relationship between you and eDrafter. Also, the advice is given by any of the team members of eDrafter.in cannot be considered as a Legal advice.
2. Disclaimer for the Orders
While placing an order on our website, the User/Customer hereby undertakes that all parties involved in the Document which the user is ordering from our website have agreed to and consented to all the clauses mentioned in the said Document. Furthermore, all the party(s) involved acknowledge and provide their consent that the Document can be prepared on our portal. The User/Customer affirms that all the party(s) involved in the concerned Document have complete knowledge of our website processing and the User/Customer takes full responsibility for creating such Document on our portal. The user also undertakes that any Document they draft on our website shall be used in a strictly legal manner. In the event of any conflict or issue, the user/customer agrees to assume sole Responsibility. We, eDrafter shall not be held responsible in any such manner.
3. Not a Legal Advice
The information contained on the website should not be considered as legal advice. The information provided is to guide only. The information provided in the FAQs section also should not be considered as legal advice. These are commonly asked queries and queries related to Property related matters, Stamp papers, Rental agreements, Name Change Services, affidavits, and other documents.
Users are advised to consult Official Authorities if they need specialized and proper guidance on any of these documents.
4. General Information to Common Man
Since the law changes frequently and various revisions are done to the different laws of the country, any information provided by eDrafter should not be relied upon as legal advice and eDrafter cannot guarantee that all the information available on the website is current and correct. The website eDrafter.in provides only general information to help the common man.
So, if you require up-to-date advice you must consult to Delhi Development Authority even if you take the help of eDrafter information.
5. Limitation of Liability
eDrafter.in will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the services in any manner, including liabilities resulting from (1) the use or the inability to use the website content; (3) any services obtained or transactions entered into through the website; or (4) any lost, profits you allege. Hence using eDrafter is absolutely at your own risk.
eDrafter.in provides its services with nominal fees for each document which may vary from time to time. By availing of the Service or any portion of it, you agree to pay the fees whether full fees or in Installments for that service. You agree to provide information about your credit card or other forms of payment to eDrafter and also update your account information immediately with any changes that may occur in your address or credit card expiration date or any other valid information necessary on the website.
If you approved the documents sent to you for your approval, then you agree that no further changes/modifications will be entertained. Any comments, questions, suggestions, feedback, or information provided by you about the service of our website are submissions made by you. eDrafter shall have all the right to use your submissions for their promotion, marketing, or advertisement. eDrafter may also remove any of your submissions and is not under any obligation to post your submission.
8. Scan copy Timeline
a. If the order/approval upon draft/Documents has been received within the cut-off time of 3:30 PM then the scan shall be provided on same-day i.e. by or before 8:00 PM.
b. If the Order/approval upon draft/Documents has been received after the cut-off time, then the scan shall be provided by the next working day (by 8:00 PM).
c. For West Bengal, MP & Maharashtra, and Rajasthan Notary Orders, the scan copy will take 24-48 hours.
d. Saturday, Sunday & Govt Holidays are non-working days and orders didn’t get processed on these days.
e. Scan copy timelines cannot be expedited however we will try our best to provide it on time.
f. Exceptions can occur and there can be delay in sharing scanned copies however it’s a rare case.
9. Disclaimer on Scan copies
Kindly be noted that a “Scan copy” is considered a photocopy of the Originals hence we highly recommend customers opt for a hard copy as well; ensuring a tangible and authenticated record. The Hard-copies will be securely stored for a maximum of 10 days. After this period, we ensure the complete destruction of the Hard-copy; Customers can ask for the delivery of Hard-copy within this time frame and after that, no such requests shall be entertained.
Further, while placing the Order customers give their consent to preserve their Hard copies for 10 days and also give consent to destroy the Hard copies after the completion of the given time frame.
*Not applicable for Haryana & Jharkhand state!
10. Notarial Service
eDrafter.in do NOT provide Notarial Services, eDrafter connect the Customers as per their request to the Notary Public/Attestation Officer and charges the fee accordingly. If any dispute is found in the Documents provided for Notarized then eDrafter and Concerned Notary Public will not be responsible for the same, it will be the sole responsibility of the Customers.
Also, Notary Public holds the power to reject the attestation if they find any issue in the content of the concerned Document, and in such cases, attestation will not be processed and eDrafter will not be liable/responsible for such rejection.
If Customer is choosing Notarial Service from our Website then they are also agreeing with the terms and conditions provided above.
11. Illegal, Unlawful, and Prohibited Use Banned
You are bound to eDrafter as a user of its website eDrafter.in not to use our website in the following ways:
1. For any unlawful or illegal purposes
2. For any prohibited purposes as under the website’s terms and conditions
3. To cause any repair or damage or to disable or impair the website.
4. To disrupt or interfere with any other party’s use and enjoyment of this website.
5. Not to hack the website or steal the content as in scrapping or crawling etc using intermediaries like robots, crawlers, scrapers, or any other, or to access any information for which you have not been given permission to access through your payments made for any services of eDrafter.
6. All the forms, legal documents, and all contents found on the website eDrafter.in are protected by Copyright Act and intellectual property Act, and hence you have no right to resell any content of this website. Any such unlawful or prohibited use of the website eDrafter.in shall be liable for legal action against you.
12. Modifications in Terms and Conditions
eDrafter reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. eDrafter will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions.
14. Disclaimer from Damages due to Technical Errors
Since the technical processing and transmission of the service and your content happens through different networks and changes to adapt to the technical requirements of connecting networks and devices and hence if your content gets deleted or does not get stored even after uploading, eDrafter shall not be held liable. You agree that eDrafter shall not be liable to you for any termination discontinuance modification or suspension of service. eDrafter is not responsible for any loss of data resulting from accidental or deliberate deletion, network or system outages, backup failure, file corruption, or any other reasons.
You will release, indemnify, defend, and hold harmless eDrafter, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs, and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations, and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Services or your use of the Services; (4) any intellectual property or other proprietary rights of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to eDrafter.
When eDrafter is threatened with suit or sued by a third party, eDrafter may seek written assurances from you concerning your promise to indemnify eDrafter; your failure to provide such assurances may be considered by eDrafter to be a material breach of this Agreement. eDrafter will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or services, with counsel of eDrafter choice at its expense. eDrafter will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend eDrafter against any claim, but you must receive eDrafter prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or services.
16. Dispute Resolution By Binding Arbitration
If any dispute arises please send a mail to us at email@example.com mentioning your details and we shall get back to you and resolve your issue. But if eDrafter is not able to resolve it for you even after numerous attempts made to resolve it, including the mediation process, then we, both parties, shall agree to resolve such dispute through binding Arbitration, instead of approaching courts.
Hence by entering into this arbitration agreement, you and eDrafter are each waiving the right to a trial by jury.
The arbitration shall be governed by the Arbitration and Conciliation Act of India. The decision of the Arbitrator shall be binding on both parties. Any modification in the Arbitration clause shall be informed to you by sending a notice of the change.
17.Cancellation and Refund Policy
We know the importance of money. We value your hard-earned money and appreciate your trust in us. We provide an upfront policy of payment for the Orders placed for Legal Services and/or others.
After placing an order, if the Customer wishes to cancel the order, the Customer shall send an email to firstname.lastname@example.org along with the details of the order that needs to be canceled and can ask for the cancellation of the order by stating a valid reason.
Notwithstanding anything stated above, nothing in this Cancellation Policy shall be applicable to the following categories:-
- If the draft of the document has been shared with the Customer at their registered email address for review.
- If the Stamp paper has been executed.
- If the Order has been shipped through the Carrier partner.
- If the Cancellation is owing to the fault of the Customer.
The Request for cancellation in the aforesaid circumstances shall not be entertained.
Also, Please note that in case the Payment has been made by way of installments, with respect to Name Change Packages or other products, once the first installment is paid, there cannot be any cancellation request or Refund of any Installment Paid. To read more, please refer to our Refund Policy section.
18. Delivery Policy
The Orders will be delivered through a partner delivery Company/Third Party and the delivery made by the Courier Partner are subject to their Terms and Conditions/Policies. The customer accepts that the delivery time provided is “estimated” and “not binding” to any of the Parties whereas the attempt to make the Order delivered under the specific time is a topmost priority. The estimated delivery time also depends on the destination to which the Customer wants the Order to be shipped and/or the shipping provider’s delivery norms, and delays ascribe to shipping partners.
The Cut-off time to dispatch the Orders on the same day is 3:30 p.m and for Maharashtra & West Bengal it is 2:00 p.m and applicable on Working Days. If Orders/Approval upon draft is received after the cut-off time and/or in Non-Working Days then it will be processed and dispatched on the Next Working Day. In case of heavy rains/ National Bandh/ festival season/ traffic jams/or any other reason that may restrict the delivery of the order delay can be expected which is beyond our Control. Also, Courier partners do not call prior to delivering an order at the Shipping Address, so we request to Customers provide an address at which Consignee OR related person shall be available to receive the Order.
In the case, if the delivery has not been done due to any reason whatsoever mentioned herein below, the customer shall not be entitled to claim for the refund/or in any other manner, and same shall not be processed by eDrafter.in. If the order will be executed and delivered in the following events:
Delivery was not done due to a wrong address/pin-code provided by the Customer, Requested for future delivery, Recipient not available, Premises was closed/locked. Recipient refused to accept the Order, Order delivered to Company’s Reception, Security’s Gate (if opted for official delivery), Not able to Connect to Recipient due to Incorrect Contact number/not working/not reachable/no reply.
In case the recipient is not available, then the courier partner shall re-attempt the delivery and in case the address is wrong then the Customer shall update the address, and the courier partner will re-attempt the delivery at the revised address. The courier company will attempt to deliver the package thrice (as per their terms) before the Order returns back to the point of origin.
19. Link to Other Websites and Linking Disclaimer
Any Third party content that may appear on our website or those which may be accessed through any links on our website is not the responsibility of eDrafter. So eDrafter shall not be responsible nor liable for any mistakes, omissions, falsehood, pornography, obscenity, misstatements of law, slander, libel, defamation, or any other content against the principles of law. eDrafter has no control over the content of any third-party websites which are exclusively the thoughts and ideas of the third-party sites and not of eDrafter. Any claim arising due to the use of such linked websites resulting in damages, is wholly disclaimed by eDrafter.
20. Agreement to be Bound
By using this Website or availing Services, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
21. Copyrights And Intellectual Property rights
You agree that nothing contained in this agreement shall be taken as conferring any license or right by any implication or otherwise under the copyright or Intellectual property rights. You agree and understand that all content in the website and the website as a whole are protected by copyright, trademark, service marks, patents, or other proprietary rights and laws. Hence you have no right to copy, extract and use this content without express authorization from eDrafter. Contact eDrafter before copying anything from the website with plans of reproducing it or distributing it.
22. General conditions
- Force Majeure – eDrafter will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
- Cessation of Operation – eDrafter may at any time, in its sole discretion and without advance notice to you, cease the operation of the Website.
- Entire Agreement – This Agreement comprises the entire agreement between you and eDrafter and supersedes any prior agreements pertaining to the subject matter contained herein.
- Effect of Waiver – The failure of eDrafter to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
- Statute of Limitation – You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Waiver of Class Action Rights – By entering into this agreement, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. any claims arising out of, relating to, or in connection with this agreement must be asserted individually.
- Termination – eDrafter reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and eDrafter may, in its sole discretion and without advance notice to you, cancel any outstanding request for Services. If your access to the Website is terminated, eDrafter reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the Website. This Agreement will survive indefinitely unless and until eDrafter chooses, in its sole discretion and without advance to you, to terminate it.