This Agreement shall commence on the date the products (more fully set out in the Schedule)
(“Products/Properties)”) are delivered/ handover/ sale and purchased from the customer to the Customer
and remain in full force and effect until the fixed period [equivalent to the tenure of the contract that is agreed
by the Customer while booking the Product(s)] expires and the Products is returned to PROGAIN unless
terminated earlier or extended pursuant to the flexi tenure policy.
PROGAIN provides its Customers, an option to opt for flexible tenure (“Flexi Tenure”) for early closure and/or
extension of the term of the Agreement. In case of early closure, the Customer can request to close the order
by informing PROGAIN, any time prior to the date the Customer wishes to close the order. PROGAIN provides
its Customers with different monthly rental rates depending on the tenure of the Agreement at the time of
order placement. In the event of early closure, the Customer shall be liable to pay the early closure charges
which shall be calculated (please refer to www.progain.co.in for a detailed break up) based on the tenure
selected by the Customer. The early closure charges shall be maximum up to the total amount of the security
deposit paid by the Customer, excluding any rental dues and damage charges. PROGAIN was established for
rental and marketing services and giving the best deals to customers by purchasing/ selling /rental products
and properties and its option for flexi tenure.
For extension of the term beyond the Agreement tenure by the Customer, the monthly rate applicable at the
time of extension shall be followed for calculation of the rental amount for the extension period. Any extension
or early closure shall be done only through the PROGAIN website and such extension or early closure shall be
deemed to be pursuant to this Agreement. PROGAIN reserves the right to revise the rental rates at any time at
its sole discretion.
The invoice shall be raised by PROGAIN on the 1st day of every month and the due date for payment shall be the
10th day of the month (“Due Date”). The customer shall pay the rental charge as per the invoice raised and
mailed to the Customer’s registered e-mail address. Payment made beyond the Due Date shall incur a late fee.
Late fees shall be levied on the rental due amount only. The late fee of 10% shall be applied on the 11th day of
the month on the pending amount. In case the Products are delivered anytime during the month, the first
month shall be calculated on a pro-rata basis from the date of delivery until the last day of the first month. In
case of order expiry or termination or early cancellation, the last month's rental shall be calculated on a prorata basis until the date of pickup of the Product from the Customer.
The Customer who is interested in selling/purchasing any properties through PROGAIN, the customer shall be
binding to deposit a 15% amount to PROGAIN through any mode of transaction. After compliance with the 20%
amount, the company shall arrange the remaining amount of 80% to customers by way of a loan.
The customer shall be free to give the said property on a rental basis further PROGAIN takes the responsibility
for the repayment of regular EMI on the loan of the properties. The customers shall make every payment of
property/product/rent of the properties to PROGAIN only.
The Customer shall make all payments to PROGAIN only. PROGAIN shall not be liable for any payment made to
any broker/third party by the Customer. PROGAIN reserves the right to share information with credit rating
agencies pursuant to Clause 15 of this Agreement. The Customer hereby agrees that non-payment of rental
dues, late fees, asset value leased, and any other non-payment, may affect the credit rating of the Customer and PROGAIN shall not be liable for any claim from the Customer for sharing such information with credit
rating agencies. In the event, the Customer does not make payments to PROGAIN or does not return the
Products and is not traceable, in addition to any other right of PROGAIN, the Customer agrees that PROGAIN
shall have the right to reach out to the Customer’s relatives, friends, employer, offices and shall inform them
about the Customer’s default. The Customer hereby agrees that PROGAIN shall not be liable for any inconvenience or loss caused to the Customer for such action by PROGAIN.
In addition to the monthly rental, the Customer shall pay a refundable security deposit (“Security Deposit”).
The Security Deposit shall not carry any interest for the entire tenure. The Security Deposit shall be refunded to
the Customer on the termination and after taking delivery of all the Products from the possession of the
Customer. Once the final quality check is performed on all the Products, and in case no damage is found, the
Security Deposit shall be refunded within 15-21 working days to the Customer. PROGAIN shall refund the
Security Deposit to the account from which initial the Security Deposit was paid by the Customer, in case the
Customer wishes to get the refund to any other account, the Customer shall provide the details of the account
to PROGAIN via e-mail from the registered e-mail address of the Customer and/or upload the account details
on the dashboard available on the PROGAIN website, prior to the pickup of the Products. The same account
details shall be confirmed at the time of the reverse pick-up of the Products.
In case any damage is found in any Product, PROGAIN shall have the right to deduct the charges for the
damages or monthly dues from the Security Deposit paid by the Customer and shall refund the remaining
amount to the Customer. In case of default in the payment of monthly rentals (including late fee), PROGAIN
shall have the right to deduct such rental dues from the Security Deposit and may at its sole discretion refund
or forfeit the remaining balance of the Security Deposit. The Security Deposit shall not include any monthly
rental. The Customer cannot request for the monthly invoice dues to be adjusted from the Security Deposit.
On receipt of the order and the Security Deposit, PROGAIN shall confirm the order with the customer by
sending a confirmation to the registered e-mail address of the Customer. In the event, any product selected by
the Customer is unavailable, PROGAIN shall inform the same to the Customer. PROGAIN reserves the right to
replace any product selected by the Customer in the event of unavailability. The Customer shall be provided
with an option to either accept or deny such substitution at the time of confirming the order. Mere payment of
the Security Deposit shall not be considered as a valid contract. In the event, that the Customer does not
accept the substitute Product, PROGAIN shall refund the Security Deposit paid by the Customer as per Clause
4 of this Agreement.
The order raised by the Customer shall be processed subject to successful verification of the KYC and
serviceability of the Customer's location as per PROGAIN Policy. In case the KYC verification is not successful,
or the location is not serviceable by PROGAIN, PROGAIN reserves the right to reject the Customer’s order at
any time prior to the delivery, at its sole discretion without assigning any reason even after successful KYC or
serviceability of the location. In the event the order is rejected by PROGAIN, the Security Deposit paid by the
Customer shall be refunded to the customer as per Clause 4 of this Agreement.
The Customer authorizes PROGAIN to verify all the details provided by him/her and verify his/her credit score
by evaluating their credit report with the help of any credit bureau and/or any other third party
On confirmation of the order by the Customer, PROGAIN shall deliver the Products to the location specified by
the Customer. The Customer shall be present at the location at the time of delivery agreed between PROGAIN
and the Customer. In case the Customer is unavailable at the time of delivery the Customer shall appoint a
representative (give an authorization letter) for taking delivery of the Products and the same shall be
communicated to PROGAIN prior to the delivery. The representative shall provide a copy of his/her ID proof
and authorization letter from the Customer to the delivery personnel assigned by PROGAIN. In case the
Customer is not present or has not assigned a representative for taking delivery, at the location and a second
delivery attempt is required, PROGAIN shall charge an extra delivery cost to the Customer.
PROGAIN shall inspect the quality and ensure that the Products are working and in usable condition before
the delivery of the Products to the Customer. The Customer or its appointed representative shall inspect the
Products for any damage and quality
during the time of delivery. In case any Product is damaged during transit or unfit for use, PROGAIN shall
replace the same at its own cost and in case a replacement is not required, such damage shall be noted in the
delivery receipt and a photo of the same shall be taken for record. In case any claim of damage is brought
against the Product after the acceptance of delivery by the Customer, PROGAIN shall not be responsible
towards replacing the Product and shall levy damage to be ascertained as per the damage policy below.
The Customer shall ensure the entry of the delivery vehicle inside the premises where the delivery location is
situated and ensure that prior permission is obtained for the use of the elevator of the building, for delivery of
the Products to the location.
The Customer hereby agrees that any damage caused to the Product or theft (including disappearance) or loss,
shall be liable towards repair and replacement cost of the Product. In the event, that the Product is stolen or
damaged beyond repair, the Customer shall be liable to pay PROGAIN the market price of the Product. Minor
scratches and chipping (depending on size) to wooden furniture shall be considered normal wear and tear. The
extent of damage will be ascertained by comparing against the quality control document signed by the
Customer and the photographs taken on delivery and return pickup day. Misuse of the properties or without
prior permission giving to rent or sale.
PROGAIN shall ascertain the extent of the damage and the applicable penalty for such damage on the receipt
of the Products from the Customer. In the event, it is found that in any Product, any substandard parts are
used, or repair carried out by any person not authorized by PROGAIN, then a penalty may be levied as per the
policy of PROGAIN. Any removal, alteration, disfiguring, or cover up any numbers, lettering, or insignia
displayed on any Product shall be considered as damage to the Product and shall be chargeable against the
Customer. A damage claim report shall be sent to the Customer’s registered e-mail address.
A quality check report stating the damages if any or a clearance sheet will be created and a copy of the same
will be provided to the Customer immediately.
PROGAIN offers a damage waiver benefit to its Customers, who complete a minimum term of 3-12 months: Rs.
250, 13-24 months: Rs. 500, and 25-36 months: Rs. 1000 respectively. The damage waiver benefit provided is
subject to the timely payment of all dues within the Due Date by the Customer.
PROGAIN shall provide maintenance of the Products delivered to the Customer, for the entire duration of the
Agreement or on request from the Customer. PROGAIN shall provide cleaning (one time per year) of the
furniture, only after completion of a minimum 12 months tenure by the Customer. The periodic maintenance
shall not include any damage or breakdown due to mishandling by the Customer PROGAIN shall carry out the
maintenance/repair of the Product within 3-5 working days after the request has been raised by the Customer.
In the event, the issue is not resolved during repair, PROGAIN shall provide a replacement for the Product. Any
additional cost incurred by PROGAIN during the maintenance and cleaning due to damages shall be borne
solely and paid by the Customer, either via online payment or as advised by PROGAIN service representative.
Progain reserves the right to inspect the Product delivered to the Customer during the term of the
Agreement. Progain shall provide reasonable prior intimation to the Customer regarding the visit for
inspection of its representative to avoid any inconvenience to the Customer.The Customer shall ensure that the
representative of Progain provided with proper access to all the Products/premisesfor inspection.
In case the Customer wishes to relocate or remove the Product(s) from the registered address, a request shall
be made to Progain (two) weeks prior to the date the Customer wishes to relocate the Product along with
the address proof of the new address. Once the request is raised, Progain shall remove or relocate the
Product through its personnel only as per the mutually decided date with the Customer. Relocation shall be
subject to successful verification of the KYC of the Customer’s new address and serviceability of the new
location. In the event, the location is not serviceable by Progain, the same shall be treated as an early
closure of the Agreement as per the Flexi Tenure Policy and the rental dues shall be payable as per the Flexi
Tenure Policy.
Progain provides its Customerswith an option to swap the Products taken on rental basis on the
following terms and conditions:
a. Customer is eligible for swapping of Product after completion of minimum of 18 (eighteen) months
continuous tenure; b. Swap option will be valid only on Products of equal or of higher value of the current
Product used by the Customer;
Time taken for swapping of the Product shall be 7 (seven) days from the receipt of the request by Progain.
Subject to the availability of the new Product requested by the Customer; andSwapping option shall be
available only for the Products of the same category only.
In the event,the Customer does not wish to extend the rental period beyond the Agreement date, the
Agreement shall terminate on last day of the rental term.
Progain shall have the right to terminate this Agreement immediately in the following events;
a. default of payment of rental dues or any other payment dues by the Customer;or
b. breach of any of the terms of this Agreement.
Consequences of termination:
a. Progain shall have the right to take possession of the Products delivered to the Customer
immediately; b. Any payment pending from the Customer shall become payable immediately to
Progain. c. The Security Deposit paid by the Customer shall be refunded to the Customer post the
damage assessment of the Products, as per clause 4of thisAgreement.
d. In case of termination due to non-payment of rental dues, the Security Deposit refund shall be
determined subject to clause4ofthis Agreement.
Notwithstanding any other terms of this Agreement, Progain shall have the right to terminate the
Agreement without any cause by providing 30 days’ notice to the customer.
PROGAIN and / or its business partners shall at all times during the term of this Agreement, retain title to and
/ or be the beneficial owners of the Products delivered to the Customer, pursuant to the Agreement. Nothing
in this Agreement shall be construed as a transfer of ownership of the Products to the Customer. The Customer
shall give immediate notice to PROGAIN
if any of the Product is about to become liable or is threatened with seizure and the Customer shall indemnify
PROGAIN against all loss and damage caused by such action against its Products.
The Customer shall not assign or transfer any interest in this Agreement or the Products without the written
consent of PROGAIN. Any such transfer or assignment shall be considered illegal and hence a violation of the
terms of this Agreement. PROGAIN reserves the right to assign this Agreement, to any third party (including
credit rating agencies, factoring agents and NBFC) without prior notice to the Customer.
Any advance rental amount credited to your PROGAIN account as Rentomoney will not be eligible for a
refund. Although, the same can be used for any existing or future subscriptions with PROGAIN.
The Customer shall indemnify, defend, and hold PROGAIN 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 PROGAIN negligence or willful misconduct. The provisions of this clause shall survive the
termination of this Agreement with respect to any claim or liability accruing before such termination. In no
event shall PROGAIN be liable for any direct, indirect, special, or consequential loss or damage arising out of
Customer’s use of the Products.
This Agreement shall be governed by the laws of India and shall be subject to the exclusive jurisdiction of courts in
Bengaluru.
This Agreement (together with the Annexure) constitutes the entire agreement between PROGAIN and the
Customer. The acceptance of this Agreement also signifies the acceptance of the Customer, to the terms and
conditions on the PROGAIN website. In the eventof any conflict between the terms and conditions on the
PROGAIN website (including privacy policy) and this Agreement, the terms and conditions on the PROGAIN
website shall supersede. The Company reserves the right to amend the terms and condition of this Agreement
and on the website from time to time, the customer is requested to check the website for update of terms and
conditions.
In no event shall PROGAIN be liable for indirect, special, incidental, or consequential damages, or any loss of
revenue, profits, or data of any kind in connection with the use of the Products, even if it has been advised of
the possibility of such damages. Notwithstanding any other provision of this Agreement PROGAIN’s total liability
to Customer shall not exceed the total amount of 1 (one) month of rental collected from the Customer.
Progain Pvt. Ltd. reserves the right to cancel any orders completely or partially before delivery without
prior information & in such scenarios, we'll initiate the refund process for the deposit amount and the
Customer will receive it in their source account within 7-10 working days.
Any current/future orders placed by the Customer have no connection with any of his/her previous orders.
PROGAIN shall provide the services under the Agreement, either by itself or through any third party. In case
the services are provided through any third party, PROGAIN shall share the details (only to the extent required
to provide the services) of the Customer to enable such third party to provide the service. The Customer
hereby authorizes PROGAIN to share the details of the Customer with such third party.