Pencil and monk design services LLP
Terms and conditions

Pencil and Monk Design Services LLP, is a limited liability partnership firm incorporated in India (“Pencil and Monk”/“We”/ “Us”/ “Our”) and is engaged in the business of providing personal space designing services using technology such as graphics, visualization effects, etc and also assist in building such designs curated (“Services”) to its clients (who shall hereinafter be referred to as “You”, “Your” “User” as applicable). The Services shall be rendered either through its website at www.pencilandmonk.com (“Website”) or through various mobile applications that are made available to you (“Applications”) from time to time (the Website and Application shall be collectively referred to as “Platform”).

YOU ACKNOWLEDGE AND AGREE THAT BY BROWSING OR USING THE PLATFORM, YOU HAVE AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS AND ANY ADDITIONAL TERMS THAT APPLY.

These Terms apply to all visitors, users and others who wish to access or use Platform and/or Services. Please note that We reserve the right to revise this Terms at any time by posting an update to this page. Your continued use of the Platform or Services following the posting of changes to these Terms will mean you accept those changes.

These Terms together with the Privacy Policy published by us on the Platform/Services, shall constitute the entire agreement between you and us concerning the Platform/Services. If you do not agree with (or cannot comply with) these Terms and/or the Privacy Policy, you must not continue to use the Platform and/or avail Services, but please let us know by emailing at info@pencilandmonk.com so we can try to find a solution. However, we reserve the right, in our sole discretion, to determine if you have violated the Terms and to take any action it deems appropriate. You acknowledge that We shall have the right to terminate your access to the Platform or Services for violations of any of these rules, including repeat infringement of copyrights.

By using the Platform or availing our Services, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at info@pencilandmonk.com.

It is your responsibility to ensure that you have made all necessary arrangements in order to access the Platform. We shall not be responsible for any telephone bills, internet charges or any other costs incurred by you in order to access the Platform.

You are responsible for ensuring that all persons who access the Platform through your internet connection are aware of these Terms and the other applicable terms and conditions/policies mentioned, and comply with them.

These Terms are subject to change at any time without notice. To make sure you are aware of any changes, please review these Terms periodically. Continued use of the Platform after any such changes shall constitute your consent to such changes.

These Terms along with the Bill of Quantities (“BOQ”) provided by us which details the Services set out the entire contract between us and you (the “Client”) and will apply once an appointment has been made to provide the Services.

1. Pencil and Monk been retained to provide interior design services only. Pencil and Monk is not a general contractor and will not act in such capacity. Any issues concerning construction elements must be discussed between you and the contractor.
2. Pencil and Monk will endeavour to advise you of the predicted timescale of works as soon as is possible after the quotes have been produced. All such dates shall be approximates only and Pencil and Monk cannot be held responsible for any delay in completion.
3. Pencil and Monk is responsible for organising third parties such as companies, firms or individuals (“Third Party Contractors”) to undertake certain work for you, such as decorating, building work, carpet fitting, curtain and blind manufacture and fitting and such other work as confirmed by Pencil and Monk.
4. Due to the nature of the Services (i.e,) interior designing, being subjective, we cannot guarantee that you will always like our recommendations. Unfortunately, we cannot provide any refunds in this case. However please feel free to contact Pencil and Monk, who may at its sole discretion choose to entertain queries regarding refunds, etc.

1. You  shall ensure that the property is accessible to employees of Pencil and Monk and any third party suppliers providing services throughout the duration of the project.
2. You will ensure that utilities such as electricity and water are available for use at the property throughout works and at no cost to Pencil and Monk.

1. From time to time, Pencil and Monk may need to purchase products in addition to the scope of work already proposed. In such cases, full payment of the agreed purchase price is required from you prior to purchasing the agreed products.
2. In cases where furniture or accessories have been rented, it remains your sole responsibility to insure the furniture and accessories against all risks, damage or loss.

1. You will enter into a contractual relationship with Third Party Contractors, and will be responsible for managing these relationships and any financial settlements direct with Third Party Contractors.
2. If so requested, Pencil and Monk may coordinate the services and financial settlements with the Third Party Contractors on their behalf, as part of the service undertaken, but you will remain ultimately responsible for the contractual relationship with the Third Party Contractors.
3. Pencil and Monk is not responsible for forming any contractual relationship on your behalf.

1. The charges for the services are set out in the BOQ accompanying these Terms or as amended or updated by Pencil and Monk and communicated you.
2. Payment should be made by cash or cheque with supporting guarantee card or bank transfer.
3. All Cheques should be made payable to Pencil and Monk Design Services LLP or as confirmed by Pencil and Monk.
4. All payments to Pencil and Monk are due immediately upon presentation of invoice, except where the invoice is sent via post where payments shall be payable within 5 working days from the date of the invoice.
5. Interest at the rate of 5% per month shall be payable on all accounts not settled by their due date.
6. The interest will be added monthly thereafter from the due date until the settlement is received.
7. Should Pencil and Monk have to instruct a debt recovery agency, or instigate legal proceedings, you will be liable for any costs incurred.

1. You have the right to cancel this contract (the “Contract”) at any time up to the end of seven working days after the day on which the Contract is concluded, subject to the following provisions. A working day is any day other than weekends and bank or other public holidays.
2. You do not have the right to cancel the Contract if the supply of the Service begins with the Client’s agreement before the end of the seven working day cancellation period.
3. To exercise the right of cancellation as set out above, you must give written notice to Pencil and Monk by hand or post or email at Pencil and Monk address or email, which is info@pencilandmonk.com.
4. Once you have notified Pencil and Monk about your desire to cancel the Contract, Pencil and Monk shall within 30 days from receipt of your notice, make the refund payment.
5. Following the seven day period set out in clause 2 above, the you have the right to terminate the Contract at any time giving notice in writing to Pencil and Monk and you will be liable to pay Pencil and Monk for the services provided to the date of termination (including but not limited to Services already performed, goods and materials supplied or ordered on your behalf, any services that may incur cancellation fees and any travel or accommodation costs incurred by Pencil and Monk).
6. A delay by either party in acting on a breach of this Contract will not be regarded as a waiver of the breach. If either party waives a breach of the Contract by the other, the waiver is limited to the particular breach.
7. Termination of contract will not affect either party’s outstanding rights or duties, including Pencil and Monk’s right to recover any money owing to it under these terms and conditions.

The trademarks, service marks, and logos used and displayed by us, in any manner on the Platform or in any of the content (excluding content provided by users) are our registered or unregistered proprietary rights worldwide. Further the trademarks, service marks, and logos used and displayed belonging to the Platform’s users, advertisers, or third parties as displayed on the Platform are the owned by such users, advertisers, or third parties and are hereby only licensed to the Platform for the limited purpose of displaying the same.

Such propriety trademarks or logos belonging to us or our suppliers, advertisers, any users or third parties are protected pursuant to applicable laws. All rights are reserved and you may not alter or obscure the such proprietary mark or name or logos, or link to them without our prior approval or the respective owners of such proprietary mark.

All legal rights including intellectual property rights, title and interest in and to the Platform including but not limited to user interface and the applications and codes used to implement the Platform, Services, vests with us. The Platform contains proprietary and confidential information. You agree that you shall not use such proprietary information and other materials provided or used by the Platform, in any way whatsoever except for use of the Platform and the Service in accordance with these Terms. No portion of the Platform shall be reproduced in any form by you.

Kindly note that we shall be permitted to use photographs of your property (if you are our client) which demonstrates the Services provided by Pencil and Monk, for its own marketing purposes.

By accepting these Terms  and using the Platform and availing the Services, you agree that you shall defend, indemnify and hold us, its directors, employees, shareholders, officers and other representatives  harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) your violation or breach of these Terms  any applicable law or regulation; (ii) any loss or injury to our representatives resulting from or attributable to your acts or omissions; (iii) misuse of the Platform; (iv) your violation of any rights of any third party; or (vi) any and all third-party claims based upon (A) the content of any communications transmitted by you; and/or (B) transactions undertaken by you.

Pencil and Monk shall not be liable to you for any unforeseeable loss or damage arising from the provision (or non-provision) of the Services, including loss of profit or consequential loss or damage. Further, neither Pencil and Monk, nor the client shall be liable for any failure to perform its duties under this Terms due to circumstances beyond its control, including without limitation flood, fire or otherwise adverse weather conditions.

To the maximum extent permitted by law, we shall provide the information relating to the Platform and the Services without warranties, guarantees or representations. We shall assume no responsibility and shall not be liable for any loss or damage which may affect your computer equipment or other equipment/property arising out of your use of the Platform or access to or browsing of the Platform.

Under no circumstances will We be liable to you for any damages whatsoever (including, without limitation, incidental, reliance, or consequential, or special damages whether or not foreseen, lost profits, or damages resulting from lost data or business interruption) on account of your use, misuse, or reliance on the information relating to Services, provided on the Platform. This limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, or punitive damages arising from any claim relating to this Terms or the subject matter hereof, whether such claim is based on warranty, contract, tort (including negligence), or otherwise any other legal theory even if We have been advised of the possibility of such damages.

We explicitly disclaim any and all liability for any the following:

1. errors, mistakes or inaccuracies of the content displayed on the Platform;
2. personal injury or property damage of any nature whatsoever, resulting from use of the Platform or Services for any alleged or actual damages or loss of valuables;
3. the acts or omissions of our representatives performing Services on our behalf, without our prior consent or approval;
4. any failure or delay in the Services;
5. any loss or damage arising out of your failure to adhere to your obligations under the Terms.
6. user content or the defamatory, offensive, or illegal conduct of any third party with respect to any content on the Platform; and
7. any consequences resulting from or is a result of You engaging any of our representatives, service providers, designers, vendors, etc for rendering any service to you, in individual capacity and such engagements/acts (as the case maybe) without our knowledge and/or consent.

You agree not to use the Platform for any commercial or business purposes, and acknowledge that We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PLATFORM AND/OR AVAILING ANY SERVICES REMAINS SOLELY WITH YOU.

The content in the Platform is provided to you strictly on an “as is" and “as available” basis.  Notwithstanding anything contained in these Terms, We do not make any representation and/or warranties of any kind, express or implied, that the Platform: (i) will perform error-free or uninterrupted, or that We will correct all or any errors or defects (ii) will operate in combination with your devices, or with any other hardware, software, systems or data not provided by us, (iii) will meet your requirements, specifications or expectations, (iv) information/content on the Platform will be updated on a day-to-day basis and (v) is complete, reliable, is of quality, accuracy, has highest standard of security.

Your use of the Platform and/or the Services includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions on the Platform constitute your agreement and intent to be bound by this Terms

YOU EXPRESSLY AGREE THAT YOU’RE USE OF THE PLATFORM AND/OR THE SERVICES, THEIR CONTENT, AND ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

In the event that We cancel an appointment for any reason whatsoever, you may either request us to reschedule your appointment or initiate a refund through the Platform. In the event of a refund request, We shall process the same and issue the refund to the original payment method at the earliest possible point in time.

In the event of a cancellation of an appointment by you, for any reason whatsoever, you may either request us to reschedule your appointment to another day, the same being subject to our sole discretion and/or the availability of slots on the given day, or request for a refund.

1. Content found on the Platform or through the Services are the property of Pencil and Monk or the same is used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
2. All notices served by us shall be provided via email to Your account or as a general notification or via sms on your registered mobile number, as the case maybe, on the Platform. Any notice to be provided to us should be sent to Pencil and monk design services LLP, 85, G N Chetty Road, T.Nagar, Chennai – 600017 and info@pencilandmonk.com.
3. Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under these Terms shall survive any discontinuance of the access or use of the Platform.
4. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
5. You cannot assign or otherwise transfer Your obligations under the Terms, or any right granted hereunder to any third party. Our rights under the Terms are freely transferable to any third parties without the requirement of seeking Your consent.
6. You acknowledge that Your participation on the Platform, does not make You as employee or agency or partnership or joint venture or franchise of us.
7. We provide these Terms so that You are aware of the terms that apply to your use of the Website/Application and Services. You acknowledge that, We have given You a reasonable opportunity to review these Terms and that You have agreed to them.
8. We reserve the right to withdraw or amend our Platform and/or the Services, and any service or material we provide, in our sole discretion without notice. We will not be liable if for any reason all or any part of Platform and/or the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of Platform or the entire Service, to users, including registered users.

We may terminate or suspend your account and bar access to Platform immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms. If you wish to terminate your account, you may simply discontinue using the Platform and the Services.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

These Terms, their subject matter and any non-contractual disputes or claims are governed by the Indian Laws and you agree to the exclusive jurisdiction of the courts of Chennai, India.

We reserve the right to seek injunctive, or any other equitable relief, in any courts of competent jurisdiction that, in its sole opinion, consider this to be necessary.

We make all best endeavors to provide You with a pleasant experience. In the unlikely event that You face any issues or You desire to share your feedback with us on the terms envisaged under these Terms or under the Privacy Policy, please contact us at info@pencilandmonk.com.

By clicking on “I Accept” button, you agree and acknowledge that you have read these Terms, understood its contents, and have chosen to execute it on your own free will and these Terms is made in good faith and is fair and reasonable and shall be binding upon you, once executed.

© All Rights Reserved with Pencil and Monk Design Services LLP 2021.