Except as expressly set out in this Agreement or as permitted by the laws in force in the Republic of India, You agree:

• not to copy the PiRentz App or Services except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
• not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the PiRentz App or any documents shared by Us with You during the performance of this Agreement (hereinafter referred to as “Documents”);
• not to make alterations to, or modifications of, or translations of the whole or any part of the PiRentz App, or permit the PiRentz App or any part thereof to be combined with, or become incorporated in, any other programs;
• not to remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the PiRentz App, including any copy thereof;
• not to rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the PiRentz App or any features or functionality of the PiRentz App, to any third party for any reason, including by making the PiRentz App available on a network where it is capable of being accessed by more than one device at any time;
• not to remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the PiRentz App;
• not to disassemble, decompile, decode, reverse-engineer or create derivative works based on the whole or any part of the PiRentz App or otherwise attempt to derive or gain access to the source code of the PiRentz App or any part thereof or attempt to do any such thing except to the extent that (by virtue of provisions under the Copyright Act, 1957), such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the PiRentz App with another software program, provided that the information obtained by You during such activities: combined with, or become incorporated in, any other programs:
  • is used only for the purpose of achieving inter-operability of the PiRentz App with another software program;
  • is not unnecessarily disclosed or communicated without Our prior written consent to any third party; and
  • is not used to create any software that is substantially similar to the PiRentz App;
• to keep all copies of the PiRentz App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the PiRentz App;
• to include Our copyright notice on all entire and partial copies You make of the PiRentz App on any medium;
• not to provide or otherwise make available the PiRentz App in whole or in part (including object and source code), in any form to any person without prior written consent from Us; and,
• to comply with all technology control or export laws and regulations that apply to the technology used or supported by the PiRentz App or any Service (hereinafter referred to as “Technology”).

4. Acceptable Use Restriction

It is hereby undertaken and agreed to by You to:

• not use the PiRentz App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the PiRentz App, any Service or any operating system;
• not infringe Our intellectual property rights or those of any third party in relation to Your use of the PiRentz App or any Service (to the extent that such use is not licensed by this Agreement);
• not transmit any material that is defamatory, offensive or otherwise objectionable in relation to Your use of the PiRentz App or any Service;
• not use the PiRentz App or any Service in a way that could damage, disable, overburden, impair or compromise Our systems or security or interfere with other users; and
• Not collect or harvest any information or data from any Service or Our systems or attempt to decipher any transmissions to or from the servers running any Service.

5. Intellectual Property Rights

• You acknowledge that all intellectual property rights in the PiRentz App, the Documents and the Technology anywhere in the world belong to Us, the Licensor, and that rights in the PiRentz App are licensed (not sold) to You, and that You have no rights in, or to, the PiRentz App, the Documents or the Technology, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, other than the right to use each of them in accordance with the terms of this Agreement.
• You acknowledge that You have no right to have access to the PiRentz App in its source-code form.

6. Warranty

• You expressly acknowledge and agree that use of the PiRentz App and any Documents and Services provided is at Your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with You.
• To the maximum extent permitted by applicable law, the PiRentz App and any Documents and Services are provided “as is” and “as available”, with all faults and without warranty of any kind, and We hereby disclaim all warranties and conditions with respect to the PiRentz App and any Documents and Services, either express, implied or statutory, including but not limited to, any implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. We do not warrant against interference with Your enjoyment of the PiRentz App or Documents, that the functions contained in the PiRentz App or Services will meet Your requirements, that the operation of the PiRentz App or Services will be uninterrupted or error-free, or that defects in the PiRentz App or Services will be corrected. No oral or written information or advice given by Us or Our authorized representative shall create any warranty and in case of any defect in the PiRentz App or Services, You assume the entire cost of all necessary servicing, repair or correction in relation to the Equipment listed for hire/rent on the PiRentz Platform.

7. Limitation of Liability

• You acknowledge that the App has not been developed to meet Your individual/specific requirements, and that it is therefore Your responsibility to ensure that the facilities and functions of the PiRentz App as described in the Documents meet Your requirements.
• We only supply the PiRentz App and Documents for domestic and private use. You agree not to use the PiRentz App and Documents for any commercial, business or resale purposes, and We have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
• You acknowledge and understand that, We shall have no liability to compensate You for any claim pressed by the latter under this Agreement, except as expressly provided under this Agreement.
• We shall not be liable or responsible for any action taken or omitted by Us in pursuance of this Agreement in good faith, except for liability as adjudicated by a court of competent jurisdiction.
• Our aggregate and total liability towards You in respect of any losses, costs claimed in relation to this Agreement shall not exceed INR 5,000 (five thousand) or value of the actual losses (if mutually agreed), whichever is lesser, provided that any such claim is made not later than 15 (fifteen) days of termination of this Agreement in accordance with Clause 13 of this Agreement. Furthermore, Our obligation shall also be restricted only to actual and direct losses suffered by You, if any, and not to any indirect, special or consequential losses suffered.

8. Payments/ Invoicing/Refunds/ Charges:

• We will raise an invoice on You for the machine rented out.
• We will invoice the end user for the machine rented out, while you will be invoicing us for the machine rented to us. PiRentz shall keep 10% of the invoice value to the end user as our profits in the transactions.
• We are authorized to raise GST invoices on behalf of the Machine Owner twice a month, irrespective to the number of jobs (if done) carried out by the Machine Owner. PROVIDED if more than one job is executed by the Machine Owner in a span of 15 days within a month then only one invoice will be raised.
• Against the aforementioned invoice(s) raised on and behalf of the Machine Owner, We will pay twice a month the amount on a payment challan.
• We shall release payments twice in a month, towards all the jobs executed by the Machine Owning Party during that month. These payments will be transferred to the bank account given by the Equipment Owning Party at the time of registration.


• It is hereby acknowledged by You that these payments shall be released by Us only post deduction of our profits which will be at 10% of the invoice value raised to the end user by us, as agreed.
• The Equipment Owning Party shall be charged a non-refundable charge/fee for the registration of its Equipment by Us on the PiRentz Platform.
• In case a Job is cancelled by the Equipment Owning Party after acceptance of the Job by the Equipment Owning Party:
  • A penalty of 5% of the value of the Job will be charged by Us;
  • A penalty of 15% of the value of the Job will be charged by Us, if such Job has been cancelled by the Equipment Owning Party at any time less than 24 hours from the time of deployment of the Equipment.
• In case of breakdown of Equipment at site before execution of a Job or on the way to a Job, We shall not be liable to pay any costs, charges, damages, expenses or any other kind of payments, including refunds to the Hiring Party/End User, in relation to such Equipment breakdown and the Equipment Owning Party shall bear the transportation costs and any other costs emerging from such Equipment breakdown, at its own expense.
• In case of breakdown of Equipment during the execution of a Job, partial refund/payments may be made, provided that a mutual agreement is drawn by Us with the Hiring Party.

9. Registration by Equipment Owning Party

• This Agreement supersedes all prior agreements and understandings (whether written or oral) made between Us and Equipment Owning Party.
• The relationship between the Equipment Owning Party and Us hereto shall be non-exclusive, on a Principal-to-Principal basis. Nothing in this Agreement shall be construed to constitute a partnership, agency or employer- employee relationship between the Parties.
• We shall provide the Equipment Owning Party with a unique login ID and password to access the PiRentz Platform at the time of registration with PiRentz Platform, and as and when required.
• The Equipment Owning Party confirms and fully understands that We will not own or in any way control the Equipment registered by the Equipment Owning Party but merely provide a platform to enable a “Hiring Party” receive “Hiring Service” from a third party via the PiRentz Platform.
• The PiRentz Platform is a listing platform on “as is” and “as available” basis.
• The Equipment Owning Party confirms to having filled-in the registration form and furnished true and correct details / information and documentations sought by Us therein. Information sought by Us shall include, but shall not be limited to, the registration form required to be filled by the Equipment Owning Party online. We shall be at liberty to seek additional information from You at any given time. Any false or incorrect details / information / documents furnished shall constitute a breach of this Agreement and may result in the “PART II” of the Agreement being suspended / withdrawn / blacklisted / terminated from rendering the Services through the PiRentz Platform with immediate effect. The decision in this regard is at Our sole discretion and shall be irrevocable and binding upon the Equipment Owning Party. Acceptance of this Agreement by the Equipment Owning Party shall absolve Us from any costs, losses, anticipated loss of time, money and opportunity, as the case may be.

10. Terms of Registration

The Equipment Owning Party understands and agrees that:

• With registration of its Equipment on the PiRentz Platform, the Equipment Owning Party will be provided with transactional opportunity to rent its Equipment in the assigned territory, wherein:
  • Each inspected and approved Equipment shall be subject to a charge of INR 5000+ GST (five thousand) towards the deployment of service experts by Us to inspect, check and approve the Equipment, payable by the Equipment Owning Party and the said charge is payable upon renewal each year. These charges shall be reviewed annually and may be subject to change.
  • The age of the Equipment will be a critical criteria in determining whether the particular Equipment will be approved for listing on the PiRentz Platform and the authority to approve any Equipment for listing on the PiRentz Platform is vested solely in Us.
  • Insurance and traffic registration of the Equipment must be valid during registration and listing/uploading thereof on the PiRentz Platform. The Equipment Owning Party shall be responsible for ensuring that the insurance and traffic registration remain valid at all times whilst listed on the PiRentz Platform. In case of any defaults/ penalties/ legal bindings in such regard, the entire burden, responsibility and costs emerging therefrom shall be borne by the Equipment Owning Party.
• Any amount paid towards registration at the time of registration to either Us or Our Authorized Dealer shall be non-refundable. Further, it is explicitly understood and acknowledged by the Equipment Owning Party that by registering on PiRentz Platform, while the Equipment Owning Party’s chances of effective utilization/monetization of the Equipment improve, We do not guarantee any work or return in relation to the listed Equipment. The Equipment Owning Party shall have the absolute right to either accept or reject the offer/request for hire or rent of Equipment from the Hiring Party/End User, as received on the PiRentz Platform and the Equipment Owning Party is at complete liberty to utilize the Equipment, in any which way it deems fit.
• We shall not be responsible nor provide any assurance of any minimum revenue/ regular income or guaranteed response for listing the Equipment to the PiRentz Platform.
• It is the sole obligation of the Equipment Owning Party to ensure that the Equipment listed on the PiRentz Platform is in good working conditions when listed as being offered for hire/rent. The Equipment is listed on the PiRentz Platform on a good faith basis and the information provided by the Equipment Owning Party shall be deemed by Us to be true and correct. In the event the Equipment rented by a Hiring Party is rejected, for any reason, including but not limited to poor condition of the Equipment, the Equipment not matching expectation, the Equipment not matching requirement, poor customer service, poor quality of operations/operator, health & safety issues, or any other issues in the ambit of the Equipment Owning Party, We shall not be liable to pay any compensation. Repetitive occurrence of such rejections shall subject the registration of the Equipment Owning Party to blacklisting without any favour or prejudice by Us, as and when We deem fit.
• It shall be the duty of the Equipment Owning Party to have the Equipment inspected and certified and to ensure that the Equipment provided to the Hiring Party is in accordance to the Hiring Party’s specification and is available at the time, location and rate as agreed at the time of acceptance of the Hiring Party’s request for the Equipment. Failure to honour these terms by the Equipment Owning Party shall not make Us liable to any claim for compensation on account of such breach, in case if the delivery of the Equipment is not accepted by the Hiring Party. Upon repetitive occurrences of such instances by the Equipment Owning Party, We may provide proof to the Hiring Party to bring claim against the Equipment Owning Party along with statement of any factual loss incurred by Us in this regard, at the Our sole discretion, and the any expenses, costs, liabilities in relation to the same shall be charged by Us to the Equipment Owning Party.
• All Job related invoices shall be raised by Us to the Hiring Party and the agreed amount will be deposited to the bank account of Equipment Owning Party once the invoices are honoured by the Hiring Party.
• In accordance of Clause 12 of this Agreement, which shall be charged in terms of hourly, daily, and monthly rates, whichever may be applicable. To clarify, an hour shall mean 60 minutes by the clock, one calendar day shall mean 10 (ten) working hours in a calendar day, and a month shall mean 250 (two hundred and Fifty) hours in a calendar month; working hours shall the include the idle hours of the Equipment as well and shall be defined as hours available to the End User once the Equipment has reached the Job site and is accepted by the End User for work. It is the responsibility of the End User to employ the Equipment for work. If the Equipment is kept idle by the End User due to non-availability of supporting manpower, supporting equipment, clearance at site, etc., the idle hours of the Equipment shall be charged to the End User. However, in case of an Equipment failure/breakdown, malfunction, non-availability of operator, lack of fuel, or any other reason that would come under the scope of Equipment Owning Party’s responsibility, the idle hours of the Equipment shall not be charged to the End User.
• The Equipment Owning Party shall be responsible for delivery of the Equipment to the work site/Job site of the Hiring Party, provided that in case the work site is within 25 km from the site/yard of the Equipment Owning Party, the Equipment Owning Party shall bear the cost of transportation of Equipment to the work site/Job site of the Hiring Party.
• In case the work site/Job site of the Hiring Party is beyond the 25 km distance from the site/yard of the Equipment Owning Party, the Equipment Owning Party may charge the transportation expenses to the Hiring Party directly and payment for this must be collected from the End User directly. We shall not be liable to pay any expenses incurred in transporting the Equipment to the work site/Job site of the Hiring Party.
• It shall be the obligation of the Equipment Owning Party to provide Equipment in working condition with all consumable fuels, lubricants, batteries, and accessories needed or as specified by the Hiring Party.
  • In case the Hiring Party rents the Equipment on monthly basis, the Hiring Party shall be liable to procure and store the consumable fuel on its own, without expecting any refund in this regard from the Equipment Owning Party whereas all other conditions shall remain same.
  In case of hourly and daily based rentals the machine owner will have to pay for fuel at their cost. Unlike as in monthly rentals the hiring party pays for fuel.

11. Full Liability of the Equipment Owning Party

• As the owner of the Equipment, the Equipment Owning Party shall be completely and fully liable for maintaining the operability of the Equipment and for bearing all costs and expenses in relation thereto.
  • We shall not be liable for any accident/ damage/ losses which may occur due to misuse or improper use of the Equipment.
  • The Equipment Owning Party acknowledges that We merely provide inventory based services to the Hiring Party/End Users and Our role shall not in any way be construed as that of the owner or agent of the Hiring Party. It shall be the duty of the Equipment Owning Party to, at its own satisfaction, undertake the complete due diligence regarding the upkeep, and maintenance of the operability of the Equipment on the work site. In case of any accident and mishap at the work site/Job site, We shall not be liable for any claim of compensation from either the Hiring Party/End User or the Equipment Owning Party.
  • As the owner of the Equipment, the Equipment Owning Party will be solely responsible for any penal action or claim from Governmental Agencies for violating of Indian statute, law, regulation, ordinance rule, judgement, order, decree, by-law, Government Approval, directive, guideline, requirement or other governmental restriction or any decision or determination by, or any interpretation, policy or administration of any of the foregoing, by any Government Authority of India having jurisdiction over the matter in issue, whether in effect as of the date of this Agreement or thereafter, or for any claim of damages from third party for damages caused due to operations of the Equipment.

12. Rate Charges and Terms of Payment

• We shall announce the rental rate of the Equipment on the PiRentz platform, which rate shall be on an Hourly/ daily/ Monthly basis.
• The Equipment Owning Party agrees to the rental rate provided in the PiRentz Platform, which shall be inclusive of all Central, State or Municipal Taxes.
• The Equipment Owning Party acknowledges that any losses or gains that the Equipment Owning Party suffers will be his own, and that We shall in no way be liable for any loss of revenue, except as explicitly agreed to under this Agreement. Any financial losses/ default on loan facility or any indirect losses suffered due to operation of the Equipment shall be the sole responsibility of the Equipment Owning Party.
• The Equipment Owning Party agrees that, We shall charge 10% (ten percent) of the total invoice value being charged to the end user/ Hiring party as our profits, which shall be deemed to have accrued from the date of acceptance of the transaction/Job, and will be due, irrespective of the completion of the project/transaction/Job by the Hiring Party.

The payment of the amount received from the Hiring Party will be disbursed on every 15^th day and the last working day of the month after deducting our profits as mentioned in the above clauses at 10% of the invoice value to the Hiring party.

13. Termination

• We may terminate or suspend access to Our services under this Agreement immediately, without prior notice or liability, for any reason whatsoever, including without limitation breach of any of the terms of this Agreement by the Equipment Owning Party.
• All provisions of this Agreement which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
• On termination, for any reason, of this Agreement:
  • all rights granted to the Equipment Owning Party under this Agreement shall cease;
  • the Equipment Owning Party must immediately cease all activities authorized by this Agreement;
  • the Equipment Owning Party must immediately delete or remove the PiRentz App from all Devices, and immediately destroy all copies of the PiRentz App and Documents in Your possession, custody or control and certify to Us that You have done so.

14. Communication and Correspondence

• If You wish to contact Us in writing, whether in pursuance of the any of the terms and/or condition as set in this Agreement or otherwise, You can may contact Us by e-mail at [info@pirentz.com]. We shall confirm receipt of the same by contacting You in writing, normally by e-mail.
• If We have to contact You or give You notice in writing, the same will be done by Us by e-mail to the email address provided to Us in Your request for the PiRentz App.
• Any notice, request, or other communication given or made pursuant to this Agreement shall be deemed to have been received on receipt of a confirmation of successful delivery either by the receiving Party or by the communication “Service Provider”.

15. Governing Law, Jurisdiction and Dispute Settlement

• You expressly understand and agree to submit all matters relating to Your access to or use of the PiRentz Platform, including all disputes, to the governing laws of the Republic of India, and the laws of State of Madhya Pradesh without regard to its conflicts of laws provision.
• You agree to the personal jurisdiction by and venue in the State of Madhya Pradesh, more specifically, to the Courts in Bhopal, and waive any objection to such jurisdiction or venue.
• In the event of any dispute between PiRentz and You arising out of or in connection with this Agreement, the Parties shall attempt to, promptly and in good faith, resolve any such dispute, amicably and mutually. If the Parties are unable or unwilling to resolve any such dispute within reasonable time (not to exceed 30 (thirty) days), then either Party may submit such controversy or dispute for Arbitration as provided under Clause 16 of this Agreement.

16. Arbitration

• Any disputes or differences arising out of or pertaining to this Agreement, shall first be mutually resolved by the parties through amicable discussions, as provided under Clause 15.3 above, failing which, such dispute will be adjudicated through a sole arbitrator having summary powers, appointed by Our statutory auditors and such, arbitration proceeding shall be conducted in/have its venue and seat at Bhopal in the English language, in accordance with the provisions of the Arbitration & Conciliation Act, 1996 and/or any amendments thereto.

17. Severability

• Any provision of this Agreement which is prohibited by law shall be ineffective only to the extent of such prohibition without invalidating the remaining provisions of this Agreement, which will continue in full force and effect.

18. Force Majeure and Other Events Outside Our Control

• We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under this Agreement that is caused by any act or event beyond Our reasonable control, including failure of public or private telecommunications networks due to force majeure.
• If an Event Outside Our Control takes place such that it affects the performance of Our obligations under this Agreement, then:
  • Our obligations under this Agreement will be suspended and the time for performance of Our obligations will be extended until such event subsides and normalcy is restored, as determined by Us in Our sole discretion; and,
  • We shall, within reasonable means and as determined solely by the Us, endeavour to find a solution so as to discharge Our obligations under this Agreement.

19. Confirmation

• You, the Equipment Owning Party hereby confirm that You understand each provision, term and condition of this Agreement and the same has been understood by You in English and that You understand and agree voluntarily without any reservation to be bound by this Agreement. Furthermore, You acknowledge that this Agreement does not need Your signature/execution by hand to be bound by this Agreement.