1. RESIDENT ACCOMMODATION SERVICES & FACILITY DETAILS
1.1 This Application Form read with the Standard Terms and Conditions constitutes the contract on a license basis between COLSTAY PVT LTD and the Residents, whereby COLSTAY PVT LTD agrees to provide long-term residential accommodation services to the Resident at the Facility for the Contract Period as per the terms hereof, and the Resident agrees to accept subject to the terms hereof
1.2 Facility Address is as set out in Schedule I hereto.
2. FACILITY ADMISSION & CHARGES POLICY
2.1. Admission to the Facility is provisional it is subject to payment of Facility Charges as per the admission form hereto
2.2. Accommodation services at the Facility are available only on a ‘First-Come-First-Serve’ and ‘Subject to Availability’ basis, COLSTAY PVT LTD reserves the RIGHT OF ADMISSION.
2.3. Seat in the Facility is not guaranteed until the Resident has not completed all enrollment requirements on or before the Cut-Off Date as stated in the Enrollment Form.
2.4. Facility Charges. Residents shall pay facility fee in the manner provided in the admission form, along with an interest-free refundable deposit if any, in advance at the time of admission. The term for the Facility fee is for the Contract Period. The fee shall be paid by Demand Draft/NEFT/RTGS/ECS or any other payment facility offered at the discretion of the Facility Management. Rent is to be paid by 5th of every month. All the residents are requested to pay their rent on the due date. In case of failure to do the same, the management will hold the right to decide the continuation of the tenancy of the residents.
2.5. Refundable Security Deposit. An Interest-free Refundable Security Deposit shall be charged at the time of admission from which any deductions towards the Resident’s liability shall be made. Security Deposit shall stand fortified without any further notice in case the Resident- (i) does not complete all enrollment requirements, including payment of Facility fees, submission of documents, consent and declaration forms, etc. on or before the Cut-Off Date; or (ii) Resident vacates or abandons the Facility in the middle of tenure. Such refundable Security Deposit shall be returned (subject to deductions) at the time of due completion of the Contrast Period. In case any resident is asked to vacate the premises due to any malpractice or rent delay, the Security Deposit will not be refunded. Security refund will be 30 Days from the date of leaving the property.
2.6. Refund Policy. In case the Facility is rendered un-operational owing to any regulatory, legal, structural or similar issues or for any reasons whatsoever, Facility Management shall refund the Facility Charges for the unexpected period of leave and license. However no refunds shall be processed pertaining to closure of colleges or institutes due to outburst of COVID and the students are bound to pay the rent for such period. Any default in the payment of rent during the said period shall lead to cancellation of the contract and forfeiture of the security deposit.
3. ADMISSION RULES
3.1. Duration of Stay- Duration of Stay depends upon the Academic Year of the Student.
3.2. Room Allotment. Upon payment of Facility Charges, a room shall be allotted to the Resident on a leave license basis. Residents shall not interchange his/her room with another Resident or shift into vacant room/bed without prior written permission from the Facility Management has the right to shift any Resident from his/her room in the Facility.
3.3. No Creation of Tenancy. No right in the nature of tenancy or any other like right is created by occupation or use of Facility premises and property. A Resident is merely permitted to temporarily stay in the Facility, subject to terms and conditions and continued compliance thereof.
3.4. Safety and Personal Belonging. The Facility Management shall provide keys to the allotted room to the respective Resident. The Resident is personally responsible for the safety of all valuables and these should be kept in the cupboard under lock and key. Residents should not leave mobile, ornaments and other valuables ungraded. The Resident will not change lock and key without permission of Facility Management to guard against loss of keys.
3.5. Furniture & Fixtures. The Resident shall not bring any extra furniture or other fixtures to the room. All furniture and fixtures in the rooms allotted to Residents must be cared for properly. The Resident will be required to pay the original cost if any item is found damaged or missing from their rooms due to careless/negligent handling. The Resident will also be required to pay the charges for the repair of any item that is found to have been willfully damaged or has been damaged on account of misuse or unfair wear and tear. The Resident is prohibited from interchanging any furniture/fixture from one point/location in the Facility to another. Besides a penal recovery as imposed by the Facility assets in common areas/corridors will be recovered from all Residents of the flank/wing involved,
3.6. Electricity Restrictions. Electric appliances shall not be permitted in the room, defiance of which shall enable the Facility Management to confiscate the gadget forthwith. The lights in the bathroom and geyser should be used only as and when necessary and shall be switched off when the bathroom is not in use. While leaving the room, the Resident should take care to switch off the lights, air-conditioner, and fans without fail. In case of default on this account, a reasonable fine per default occasion will be imposed by the Facility Management.
3.7. Room Checking. The Facility Management / any other Officials of the Facility along with Security Guards may at their discretion inspect/check any room or Residents' belongings in the presence of Residents living there at any time of the day or night.
3.8. Storage of Baggage during Vacation. During the vacation, belongings should be kept in the cupboard under a lock. However, the Resident may avail common storage facility or limited quantity. One month before the vacation period starts, the Resident must inform the Facility Management about the Resident’s official vacation period. On completion of the Contract Period (unless renewed subject to mutual consent in writing), he/she should take all his/her belongings with him/her belongings with him/her. The Resident will only be allowed to store the belongings if he/she agrees to continue the next term/year.
3.9. Identity Card. The Resident will always carry their identity cards provided to them by the Facility with them when moving out of the Facility with them when moving out of the Facility can be contacted and informed. Residents should co-operate with security personnel for verification and checking of Identity Cards. The name of Resident’s not carrying an identity card with him/her will be reported to the Facility Management for action.
4. SPECIALLY ABLED DISCLOSURE
4.1. The Resident confirms at the time of signing this Application Form, he/she has made full disclosure in case the Applicant is specially-abled or has conditions or infirmities that require medical attention so that Facility Management can understand the Applicant’s requirements better and guide the Applicant, Non-disclosure or inaccuracy may avoid this contrast and any Facility Charges paid or Security Deposit paid shall stand fortified.
5. ATTENDANCE, FACILITY TIMINGS, LEAVE, AND VISITORS
5.1. Attendance Register. Attendance is taken by the Facility Management between 10:00 pm and 10:30 pm overnight. Each Resident has to personally sign the attendance register/biometric attendance record every day between 10:00 pm and 10:30 pm (and 11:30 om on Sundays/Holidays). After such prescribed time, the Resident is not allowed to go out of the Facility. Going out of the Facility will lead to disciplinary action without Parent/Guardian Permission.
5.2. Returning to Facility. The Resident shall return to the Facility before the cut-off timings as stated in Schedule I hereto. 11:00 pm (11:30 pm on Saturday/Sunday/Holidays) after which gates will be closed. The gates will reopen at the timings stated in Schedule I hereto. Late comers will have to make an entry in the register kept at the gate, which will be informed to his/her Institute, parents, and local guardians. Three late coming entries will lead to the cancellation of permission to stay in the Facility and the fee will be refunded. The same shall be informed to his/her parents and local guardians.
5.3 Celebration of Festivals and Birthdays, Residents shall take prior permission from the Facility Management for celebrating any festivals and birthdays. Birthday celebration should be done at a common place for one to two hours preferably before out of time. There should not be any kind of discomfort to other Residents. No outside guest or interference of any kind will be allowed.
5.4.1.When permitted in writing by the Facility Management and duly accorded by parents.
5.4.2.On holidays with written consent from parents/local guardian.
5.4.3.Once night out permission is accorded; Residents will be permitted to report only after 6:00 am in the morning. However, in case of a medical emergency, residents can contact the Facility Management directly.
5.5. Visitors/Parents/Guardian. Visitors/Parents are allowed to visit a Resident only in the common area. No resident should take any visitor including his/her parents to the room. Personal servants/domestic helpers are not allowed inside the rooms. The parents should give the undertaking to cooperate with the authority and should be available on call. A visitor of any Resident who disturbs the peace and dignity of the Facility or contravenes any of its rules and regulations shall be denied any further right to visit the Facility or contravene any rules and regulations shall be denied any further right to visit the Facility and immediately be asked to leave the Facility.
5.6. Local Guardian. The Resident will register the details of the local guardian duly authenticated by the parents. A copy of Facility rules will be signed by the local guardian.
5.7. Medical Treatment. Residents with medical insurance shall share details of their insurance policy with the Facility. The Facility provides First Aid to residents. Any Resident who is not well will immediately report to the Facility Management to avail treatment in nature of FIRST AID. In case of a medical emergency, the Resident will be shifted/referred to the hospital, and of which full costs will be borne by the guardians of the Resident.
6. MESS AND DINING FACILITY
6.1. Inspection. Facility Management shall decide the menu, check food quality from time to time, maintain a record of such inspections, and give feedback for improvement of food quality and other aspects of mess and dining.
6.2. Serving of Food. Food shall only be served in the Facility mess as per timing decided by the Facility Management. Residents will not be permitted to take food outside the mess nor can they take any mess utensils such as plates, spoons, tumblers, etc, to their rooms. If any Resident is found in violation of this rule, he/she will be charged with a penalty as decided by the Facility Management. Food can be served to the Resident who suffers from such ailment which prohibits him/her from going/visiting the mess.
6.3. Wastage of Food. Only members of the mess are permitted to dine in the mess. Outside food/dabbas are strictly forbidden in the Mess. Members are expected to inform their absence/dining out or night out to the Mess Supervisor well in advance, to avoid wastage of food. After eating food, diners shall leave the cup, plates, waste food, etc. in the designated bins
6.4. Sick Diet. Subject to availability, if any diner is ill and requires a sick diet(e.g. light/Oil-less food) he/she can request the Facility Management to arrange for the same at the Mess.
6.5. Guests. Guests are not allowed in the mess only with the prior permission of the facility Management and on payment of a charge applicable.
8. CIVIL REPAIRS
8.1.1. The Resident should bring to the notice of the facility Administration all routine maintenance works (Civil, Carpentry, and Electrical), to be carried out in their rooms.
8.1.2.Residents should co-operate in carrying out maintenance work and vacate their rooms completely when the Facility Management requires the rooms for this purpose. On such occasions, the management will try to provide accommodation. If any maintenance work is to be carried out when the room is under occupation. It is the occupants' responsibility to make the room available for the same.
8.2. Reporting of undesirable activity. Residents are duty-bound to report to the Facility in-charge/ Facility Management in case they notice any unwanted incident or undesirable activity going on in the Facility or on the campus
9. STRICTLY PROHIBITED ACTIVITIES
9.1. Ragging. Ragging in any form whatsoever is strictly BANNED. It is a cognizable offense and violation will invite action as per the law of the kand, in addition to expulsion from the Facility. Being a silent spectator and not reporting/stopping others indulging in ragging is also an offense and will invite similar disciplinary action. Accepting/undergoing ragging and not reporting this is also an offense. Residents should report any such incident immediately to the Facility Management.
9.2. Alcohol/Drugs/Smoking. Residents shall not bring, store, possess, consume and/or drink any alcohol/intoxicating drink, drug, or substance of any kind whatsoever and/or smoke in the room and/or any part of premises. The same shall apply to visitors also. An occurrence of such behavior shall invite strict disciplinary action leading to expulsion from the Facility, and action as per law of land.
9.3. Gambling. No gambling of any kind whatsoever shall be allowed on the premises of the Facility. Any violation of the Rule violation will invite action as per law of the land, in addition to expulsion from the Facility.
9.4. Misuse of Internet and Online Social Media. Any act of uploading derogatory remarks or images ridiculing a person in the eyes of others against the Facility or any other person or organization will invite disciplinary action. The Resident should strictly refrain from indulging in any act of violating the code of internet use.
9.5. Political or Communal Activity. The Resident shall not indulge in any political or communal activity which is detrimental to the law and order and/or against the Government. Residents shall not carry on any propaganda or publicity of any nature whatsoever in respect of any political or communal matters.
9.6. Information to the Media. Residents shall take the prior written permission of the Facility Management before giving information or interview regarding the Facility to any member of the Press, Print Media, Radio, Television, or any other media or before making any speech containing any information regarding The Facility.
9.7. Assault. Any kind of physical assault is forbidden in the Facility with other Residents/staff. Any residents involved in any such physical assault will be liable to disciplinary action as deemed fit by the Facility Management.
9.8. Firearms. Any type of firearms, ammunition, explosives and inflammable goods on the premises of the Facility is strictly prohibited. Violation of the rule will be expulsion from the Facility.
9.9 Pets. Residents shall not bring any/or keep any pets on the premises including fish, cats, dogs, and so on. The Resident should desist from pampering stray dogs by offering food, petting them, etc.
10. VIOLATION OF FACILITY RULES
10.1.Disciplinary Actions. In addition to penalties, punishment, and fines provided in these Rules. Disciplinary action as per the Facility Rules shall be taken against the Resident violating these Facility Rules and Regulations.
10.2. Recovery of Damage/Losses to Property. If any common property is lost/damaged/disfigured, the loss will be recovered from Residents, in equal share, who are responsible for the damage or loss or in general use of that property. In case the damage/loss cannot be pinpointed to the Resident(s), then a collectively fine to recover the loss will be levied by the Facility Management.
10.3. Expulsion from Facility. The Facility Management reserves the right to terminate the temporary occupancy of the Resident for any willful disobedience or defiance of authority, non-observance of facility rules, causing damage to person or property, or including in anti-social, anti-national, or undesirable activities. In such cases, the deposit shall be fortified, and the Facility fee will NOT be refunded. Residents recommended for expulsion from the respective Institutes, will also be expelled from the Facility and the Facility fee will not be refunded.
11. LIMITATION OF LIABILITY
11.1 Nothing in this clause shall operate to limit or exclude the Facility’s liability for death or personal injury resulting from the negligence of the Facility or its directors, officers, employees, agents, or subcontractors.
11.2. Subject to the above clause but notwithstanding any other provisions of this Agreement, neither Party will be liable under the agreement (whether or not those losses a=were within, tort or otherwise) for any special, indirect, or consequential losses (whether or not those losses were within the contemplation of the Parties at the date of this Agreement) suffered or incurred by the other Party.
11.3. Notwithstanding anything to the contrary, the total aggregate liability (whether incorrect, tort or otherwise) of the Facility shall not exceed the Facility Charges collected from the Resident.
12. FORCE MAJEURE
12.1. Facility shall not be responsible for any events and circumstances beyond its reasonable control namely, due to any acts of God, natural calamity, storm, earthquake or irresistible force, or any other similar unavoidable reason(“Force Majeure” events) and any defaults in respect thereof shall not be attributable the Facility.
12.2. If the Force Majeure event persists for a period of 30 days, the Facility has the right to terminate this Agreement, by giving written notice and refunding the Facility Charges including the Security Deposit for the unexpired period. Please note the above section is not applicable to shut down due to COVID.
13. SUGGESTION BOX/REGISTER
13.1. Suggestions and complaints should be either deposited in the Suggestion Box or entered in the Suggestion Register kept on the Facility premises. Suggestion forms will also be available in the Facility.
14. GOVERNING LAW AND DISPUTE RESOLUTION
14.1. This Agreement shall be governed by and constructed under the laws of India, without regard to the conflicts of law provisions thereof and the courts at the National Capital Territory of Delhi shall have exclusive jurisdiction.
14.2. Any dispute, controversy, or claims arising out of this Agreement or breach, termination, or invalidity thereof, between the Party to arbitration within thirty(30) days of the failure of negotiations.
14.3 The arbitration shall be held in Delhi and shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 by a one-member arbitration panel. The arbitration proceedings shall be conducted in the English language and the arbitration award shall be final and binding on both Parties.
I/We have read the above terms and conditions and agree, acknowledge, and affirm that the Resident has been admitted to the Facility strictly upon acceptance of terms and conditions as stated above.
Please note that the minimum length of stay should be 12 months, If the stay duration is amended to shorten the length of stay by 12 months then the entire security deposit will be fortified.
