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Terms and conditions for Listing
of Advertisements on Indiacom Website
| 1. |
By
virtue of affixing signature on the order form the Customer
authorises Indiacom Limited ("Indiacom") to include Customer's
business information in the Indiacom database and to list
on the Indiacom website on the following terms and conditions.
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| 2. |
It
is clarified that Indiacom reserves the right to continue
the service under the same brand name or a different name,
club the service with some other service of Indiacom,
to discontinue the service, change the website or webpages
on which service will be provided at any time without
an obligation to inform the customers in advance. |
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| 3. |
Validity:
The offer is valid for a period of 60 days from the date
of giving it to the authorised representative of Indiacom.
Indiacom may accept the offer within the period above
mentioned by dispatch of the Invoice containing essentials
of commercial terms and the advertisement size/specifications
only. |
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| 4. |
The
position or layout of the advertisement is determined
by a computer program, developed by Indiacom taking into
account various factors like optimum utilization of space,
viewers' convenience, etc. No special position is assured
and any commitment of special position obtained by the
Customer from the authorized representative of Indiacom
shall not be binding on Indiacom. |
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| 5. |
Indiacom
is responsible only for those omissions and errors in
the Advertisement(s) which annul or seriously damage the
effectiveness of the same and are notified by the Customer,
by registered post within 90 days from the date of listing
of the advertisement in the online yellow pages. Moreover,
the Customer absolves Indiacom and those acting on Indiacom's
behalf from any responsibility arising out of the provision
of the contracted service and also from non-implementation
or part implementation thereof, to early or delayed implementation
and the modification and completeness of the same. |
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| 6. |
Customer
hereby agrees that the general terms and conditions mentioned
herein and commercial terms & advertisement size/specification
mentioned in the Invoice sent by Indiacom, consequent
to the acceptance of this offer shall be binding on both
Indiacom and the Customer. Customer shall intimate discrepancy,
if any, in the Invoice by Registered Post Acknowledgement
Due within 7 days of its receipt. |
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| 7. |
Cancellation:
To cancel the advertisement, the Customer will have to
apply in writing to Indiacom by Regd. Post. Acknowledgement
Due. If cancellation is accepted, the amount paid by the
Customer will be refunded after deducting 35% of the value
of the advertisement towards administration charges. No
cash refund will be given. |
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| 8. |
The
Customer shall pay the agreed amount/ installments, if
any on the dates mentioned in the order form and as enumerated
in the Invoice sent by Indiacom. The Customer agrees that
if any installment of the amount hereby agreed upon is
at any time in arrears for more than two weeks then Indiacom
shall be entitled to charge interest at the rate of 18%
p.a. on such arrears and/or cancel the advertisement/contract.
In other cases, in the event of cancellation of advertisement
contract by Customer or Customer failing to adhere to
any of the Terms & Conditions, Customer authorizes Indiacom
to forfeit a minimum of 35% of the order value and return
the balance out of the amount paid, if any, within a reasonable
period. If the amount paid by Customer is less than 35%
of the order value, then the Customer shall be liable
to pay such balance within two weeks of communication
to this effect. No refund shall be made on cancellation
of advertisements after the provision of the service has
commenced. In case of payment made in part, the Customer
refuses to pay the balance after the advertisement has
appeared, Indiacom shall have right to recover the balance
amount apart from cancellation of advertisement with interest
at the rate of 18% p.a. |
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| 9. |
The
Customer agrees to indemnify Indiacom against losses incurred
on account of false warranties or declarations provided
by Customer, or breach of any of the terms and conditions
of this agreement and actions faced by Indiacom on account
of wrongful acts by the Customers including loss of goodwill.
The Customer also agrees to indemnify Indiacom from all
costs/expenses (including advocates fees/costs, court
fees, etc.) incurred in instituting or defending of legal
proceedings arising due to the acts of Customers as mentioned
in this clause. |
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| 10. |
The
Customer hereby agrees to inform the discontinuance of
the business or modification in the information listed
accurately and in time to enable Indiacom for timely processing.
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| 11. |
The
Customers shall not use Indiacom's trademarks, copyrights,
logos, symbols, etc., without the written permission of
Indiacom in any way whatsoever. |
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| 12. |
The
Customer hereby authorises Indiacom to use the information
contained herein for maintaining their database as well
as for any other purpose that Indiacom may deem fit. |
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| 13. |
The
Customer is bound to (or cause to) be delivered to Indiacom
office, within a week from the date of the signing of
this form, all relevant details for inclusion in the listings.
If the Customer desires any change in the details later
on, the same shall be communicated in writing to the specified
officer of Indiacom & obtain and preserve the confirmation
from the said officer with Indiacom stamp for having taken
note of the change or modification. Indiacom shall be
entitled to reject/set aside any matters, which do not
conform to the norms of decency or are obscene or which
violate any law in force. No documents or material submitted
by the Customer will be returned. Indiacom does not take
any responsibility to preserve any matter/documents provided
to it. |
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| 14. |
The
information that Customer provides in the order booking
form must be complete and accurate. Indiacom reserves
the right at all times to disclose any information as
is deemed necessary to comply with any applicable law,
regulation, legal process or Governmental request. |
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| 15. |
The
Customer assures Indiacom about the legal right of customer
to sell the goods or render the services mentioned in
the advertisement. The Customer shall provide Indiacom,
if called upon and at any time, at own cost, any document,
which may prove the above mentioned right. In case of
default, the contract shall be considered terminated through
non-fulfillment on the part of the Customer. The Customer
shall indemnify & keep Indiacom indemnified against any
claim on Indiacom arising out of the publicity over the
voice service of advertisement/offers authorized by the
customer, including on account of the intellectual property
rights and also against any loss or damages (pecuniary
or otherwise) which the Indiacom may have to incur, owing
to the provision of this service. |
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| 16. |
The
Customer agrees that Indiacom may appropriate the amount
paid by the Customer for the subscription /charges against
any outstanding(s) due to Indiacom at any time and in
respect of any services/products provided by Indiacom.
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| 17. |
It
is hereby agreed that the payment of the consideration
shall be as per the particulars mentioned in the order
form. In all other cases, the payment shall be made within
a period of thirty days from the date of placing the order.
In cases where there is delay in making the payment by
the Customer Indiacom shall be entitled to charge interest
@ 18% p.a. on such amount. |
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| 18. |
This
offer form will be subject to all taxes and levies that
are payable to all the relevant authorities according
to the laws/statutes in force from time to time. Indiacom
reserves the right to raise the supplementary invoice
for the taxes and levies. |
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| 19. |
The
Customer acknowledges that there shall lie no claim against
Indiacom for any loss of profit, loss of opportunity,
loss of business, loss of revenue, indirect, incidental,
special or consequential loss arising out of, or in any
way connected with the use of offer/advertisement or with
the delay or inability of Indiacom to list the advertisement.
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| 20. |
The
Customer shall be responsible for complying with all the
laws applicable w.r.t the content provided by him. The
Customer is responsible for making sure that the Content
provided is free of all defamatory matter, inaccuracies
or legal restriction, including advertising regulations.
The Customer hereby agrees to indemnify Indiacom against
all costs and losses whatsoever incurred by Indiacom,
its employees or sub-contractors as a result of any claim
made against it or any of them in any jurisdiction in
the world for infringement of any Intellectual Property
Rights in the Advertisement Content, defamation or any
other action as a result of breach of this warranty. Indiacom
reserves the right to cancel any order if the Content
provided violates any national or international laws.
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| 21. |
Maximum
Liability: Apart from a reason other than a force majeure
cause if the agreed service is provided only in part,
or in case of an occurrence of any error therein, or provision
of service does not happen, the customer agrees to accept
a refund in accordance with the refund policy that is
framed by Indiacom in this regard. Indiacom shall have
the right to make a proportionate abatement in the amount
paid and in cases where the service is not provided at
all, the customer shall be entitled to the maximum refund
of the amount paid. In case of customer suffering any
damage owing to errors in the provision of the voice service,
which has been proved in any legal proceeding before any
tribunal, forum or court of law, Indiacom's liability
shall be limited to Rs. five hundred per advertisement.
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| 22. |
The
Customer accedes to Indiacom the right not to execute
the offer even after express acceptance of the same in
the event that, in the Judgement of Indiacom, which may
not be questioned by the Customer, any difficulty should
arise in the execution of the offer, whatever the cause
be. The Customer expressly understands that the total
liability of Indiacom, in the eventuality of Indiacom
not executing the offer, is specifically limited to the
refund of the amount paid by the Customer on the contract.
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| 23. |
Notwithstanding
any thing contained in this agreement, Indiacom shall
not be deemed to be in default or liable to the other
party if and to the extent, it is prevented from performing
any of its obligations under this agreement by circumstances
beyond its control including without limitation, the act
of god, storm, earthquake, fire, floods, war, riots, strike,
lockouts, labour disputes actions and or inactions of
government occurring after the date of this agreement.
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| 24. |
If
the Customer becomes bankrupt or insolvent or commences
winding up or compounds with his creditors or defaults
in paying amounts due to Indiacom, it shall be lawful
for Indiacom to cancel this agreement without any notice
to the Customer. Thereupon its obligation to publish the
advertisement shall cease without prejudice to the right
of the Indiacom to recover any amount then accrued and
due including forfeiture of and or collection of 35% of
the total invoice value. |
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| 25. |
Each
of the provisions of these terms and conditions shall
be separate and severable. If at any time any provision
of this agreement is or becomes illegal, invalid or unenforceable
in any respect, that shall not affect the legality or
validity or enforceability of remaining provisions of
this agreement. |
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| 26. |
The
failure to exercise or delay in exercising any right or
remedy under this Agreement shall not constitute a waiver
of the right or remedy or a waiver of any other rights
or remedies under this Agreement or at law. A waiver by
Indiacom of any terms or conditions in any instance should
not be considered to be a waiver of any term or condition
for the future or of any subsequent breach. |
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| 27. |
Any
clause or condition preventing the acceptance and / or
the execution of offers made by competitors or other businesses
are null and void, even if such clause or condition is
written in this offer form by the Sales Representative
or any other member of the Indiacom staff. |
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| 28. |
This
agreement is on Principal to Principal basis, and no agency,
employment, partnership, joint venture, or any other relationship
is created by this Agreement. |
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| 29. |
The
terms contained herein supercede and replace any other
agreement or negotiation between you and Indiacom, whether
oral, written or otherwise, including any statements made
to Customer by any representative of Indiacom at any time
for this purpose. Any amendments, changes, additions,
deletions or other modifications of this Agreement are
void unless specifically expressed in writing and agreed
to by Indiacom. |
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| 30. |
Neither
of the parties shall assign the benefit or burden of this
agreement without the other's prior written consent (not
to be unreasonably withheld). However this excludes the
assignment that IL may need to do to its associates towards
delivering its service. |
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| 31. |
THE
SALES/AUTHORISED REPRESENTATIVE DOES NOT HAVE THE AUTHORITY
EITHER BY WORDS, WRITTEN OR ORAL OR BY CONDUCT TO -- Make
promises or allurements in connection with the listing
of the customer's information, Guarantee precise time
and period of the listing on the Indiacom's online pages,
Offer free advertisement(s) in the same or in any of the
services of Indiacom, as consideration for the service
to be provided pursuant to the contract concluded with
the customer, Offer discount other than the one mentioned
in the acceptance cum invoice sent by Indiacom, Offer
special benefits such as "Listing at the top" and all
other commitments of any type, etc. AND SUCH ACTS IF DONE
SHALL NOT BIND INDIACOM IN THE EXECUTION OF THE CONTRACT.
(The customer shall in this regard solicit the advice
in writing of the Indiacom personnel not below the rank
of a branch manager). |
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| 32. |
Resolving
of disputes: The parties shall first attempt to resolve
any dispute in connection with the agreement by conciliation.
Such conciliation shall be between the senior management
personnel of the parties at the relevant time. If any
dispute persists between the parties with reference to
the interpretation of this agreement or with rights in
respect of any of the transaction involved whether before
or after its termination, such dispute shall be referred
to Arbitration. Each party shall be entitled to appoint
one Arbitrator within 30 days of raising of the dispute.
The Arbitrators so appointed shall appoint a third arbitrator
who would act as the Presiding Arbitrator. The Arbitration
proceedings shall be held at PUNE, India under the provisions
of Arbitration & Conciliation Act, 1996 or any statutory
modification or re-enactment thereof for the time being
in force. |
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| 33. |
This
agreement shall be governed by and construed in accordance
with the Indian laws and the parties submit to the exclusive
jurisdiction of the Courts in Pune, Maharashtra. |
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Terms
and conditions for Listing of Advertisements on Tell Me
| 1. |
By
virtue of affixing signature on the order form the customer
authorises Indiacom Limited ("Indiacom") to include one's
business information or details about bargain offer/ discount
offer/ sales/promotion, etc in the Indiacom database for
provision of its 'Tell Me' service on the following
terms and conditions. |
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| 2. |
It
is clarified that the Company reserves the right to continue
the service under the same brand name or a different name,
club the service with some other service of the company,
to discontinue the service, change the Telephone Number
on which service will be provided at any time without
an obligation to inform the customers in advance. |
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| 3. |
Unless
specifically informed, Indiacom provides no guarantee
of listing out the Advertisers name a top or in any preference.
The Operators will mention the names of the business establishments
in the order of results provided by the computer based
on the search criteria decided by the company. No special
position is assured and any commitment otherwise from
Company representative shall not be binding on Indiacom. |
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| 4. |
The
customer shall pay the agreed amount/ installments, if
any on the dates mentioned in the order form and as enumerated
in the Invoice sent by Indiacom. The Customer agrees that
if any installment of the amount hereby agreed upon is
at any time in arrears for more than two weeks then Indiacom
shall be entitled to charge interest at the rate of 18%
p.a. on such arrears and/or cancel the advertisement/contract.
In other cases, in the event of cancellation of advertisement
contract by Customer or Customer failing to adhere to
any of the Terms & Conditions, Customer authorizes Indiacom
to forfeit 35% of the order value and return the balance
out of the amount paid, if any, within a reasonable period.
If the amount paid by customer is less than 35% of the
order value, then the customer shall be liable to pay
such balance within two weeks of communication to this
effect. No refund shall be made on cancellation of advertisements
after the provision of the service has commenced. |
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| 5. |
The
advertisers agrees to indemnify the company against losses
incurred on account of false warranties or declarations
provided by him, or breach of any of the terms and conditions
of this agreement and actions faced by company on account
of wrongful acts by the advertisers including loss of
goodwill. The Advertiser also agrees to indemnify Indiacom
from all costs/expenses (including advocates fees/costs,
court fees, etc.) incurred in institution or defending
of legal proceedings arising due to the acts of advertisers
as mentioned in this clause. |
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| 6. |
The customer hereby agrees to indicate the period of the
bargain/discount offers, the withdrawal or postponement
of the offers accurately and in time to enable the Company
for timely processing. |
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| 7. |
The customers shall not use Indiacom's trademarks, copyrights,
logos, symbols, etc., without the written permission of
the company in any way whatsoever. |
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| 8. |
Indiacom is responsible only for those omissions and errors
in the information provided which annul or seriously damage
the effectiveness of the advertisement and are notified
by the Customer in writing. Moreover, the Customer absolves
Indiacom and those acting on Indiacom's behalf from any
responsibility arising out of the provision of the contracted
service and also from non-implementation or part implementation
thereof, to early or delayed implementation and the modification
and completeness of the same. |
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| 9. |
The Customer is bound to (or cause to) be delivered to
Indiacom office, within a week from the date of the signing
of this form, all relevant details for inclusion in the
listings. If the customer desires any change in the details
later on, he shall communicate the change in writing to
the specified officer of Indiacom & obtain and preserve
the confirmation from the said officer for having taken
note of the change or modification. Indiacom shall be
entitled to reject/set aside any matters, which do not
conform to the norms of decency or are obscene or which
violate any law in force. No documents or material submitted
by the Customer will be returned. Indiacom does not take
any responsibility to preserve any matter/documents provided
to it. |
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| 10. |
The information that customer provides in the order booking
form must be complete and accurate. Indiacom reserves
the right at all times to disclose any information as
is deemed necessary to comply with any applicable law,
regulation, legal process or Governmental request. |
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| 11. |
The Customer assures Indiacom about his legal right to
sell the goods or render the services mentioned in the
advertisement. The Customer shall provide to Indiacom,
if called upon and at any time, at his own cost, any document,
which may prove the above mentioned right. In case of
default, the contract shall be considered terminated through
non-fulfillment on the part of the Customer. The customer
shall indemnify & keep Indiacom indemnified against any
claim on Indiacom arising out of the publicity over the
voice service of advertisement/offers authorized by the
customer, including on account of the intellectual property
rights and also against any loss or damages (pecuniary
or otherwise) which the Indiacom may have to incur, owing
to the provision of this service. |
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| 12. |
The customer agrees that Indiacom may appropriate the
amount paid by the customer for the subscription /charges
against any outstanding(s) due to Indiacom at any time
and in respect of any service provided by Indiacom. |
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| 13. |
It is hereby agreed that the payment of the consideration
shall be as per the particulars mentioned in the order
form. In all other case, the payment shall be made within
a period of thirty days from the date of placing the order.
In cases where there is delay in making the payment by
the customer Indiacom shall be entitled to charge interest
@ 18% p.a. on such amount. |
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| 14. |
This offer form will be subject to all taxes and levies
that are payable to all the relevant authorities according
to the laws/statutes in force from time to time. Indiacom
reserves the right to raise the supplementary invoice
for the taxes and levies. |
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| 15. |
The
customer acknowledges that there shall lie no claim against
Indiacom for any loss of profit, loss of opportunity,
loss of business, loss of revenue, indirect, incidental,
special or consequential loss arising out of, or in any
way connected with the use of offer/advertisement or with
the delay or inability of Indiacom publish the offer /advertisement. |
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| 16. |
Maximum Liability: Apart from a force majeure cause if
the agreed service is provided only in part, or in case
of an occurrence of any error therein, or provision of
service does not happen, the customer agrees to accept
a refund in accordance with the refund policy that is
framed by Indiacom in this regard. Indiacom will have
the right to make a proportionate abatement in the amount
paid and in cases where the service is not provided at
all, the customer shall be entitled to the maximum refund
of the amount paid. In case of customer suffering any
damage owing to errors in the provision of the voice service,
which has been proved in any legal proceeding before any
tribunal, forum or court of law, Indiacom's liability
shall be limited to Rs. five hundred per advertisement. |
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| 17. |
The Customer accedes to Indiacom the right not to execute
the offer even after express acceptance of the same in
the event that, in the Judgement of Indiacom, which may
not be questioned by the Customer, any difficulty should
arise in the execution of the offer, whatever the cause
be. The Customer expressly understands that the total
liability of Indiacom, in the eventuality of Indiacom
not providing the service is specifically limited to the
refund of the amount paid by the Customer on the contract. |
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| 18. |
Notwithstanding any thing contained in this agreement,
Indiacom shall not be deemed to be in default or liable
to the other party if and to the extent, it is prevented
from performing any of its obligations under this agreement
by circumstances beyond its control including without
limitation, the act of god, storm, earthquake, fire, floods,
war, riots, strike, lockouts, labour disputes actions
and or inactions of government occurring after the date
of this agreement. |
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| 19. |
If the customer becomes bankrupt or insolvent or commences
winding up or compounds with his creditors or defaults
in paying amounts due to Indiacom, it shall be lawful
for the Indiacom to cancel this agreement without any
notice to the customer. Thereupon its obligation to publish
the advertisement shall cease without prejudice to the
right of the Indiacom to recover any amount then accrued
and due including forfeiture of and or collection of 35%
of the total invoice value. |
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| 20. |
Each of the provisions of these terms and conditions shall
be separate and severable. |
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| 21. |
The failure to exercise or delay in exercising any right
or remedy under this Agreement shall not constitute a
waiver of the right or remedy or a waiver of any other
rights or remedies under this Agreement or at law. A waiver
by Indiacom of any terms or conditions in any instance
should not be considered to be a waiver of any term or
condition for the future or of any subsequent breach. |
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| 22. |
Any clause or condition preventing the acceptance and
/ or the execution of offers made by competitors or other
businesses are null and void, even if such Clause or condition
is written in this offer form by the Sales Representative
or any other member of the Indiacom staff. |
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| 23. |
The agreement is on Principal to Principal basis, and
no agency, employment, partnership, joint venture, or
any other relationship is created by this Agreement. |
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| 24. |
This agreement is the final, complete agreement between
the parties and it supercedes any other prior agreement,
understanding, oral or written, with respect to the subject
matter of this agreement. |
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| 25. |
THE SALES/AUTHORISED REPRESENTATIVE DOES NOT HAVE THE
AUTHORITY EITHER BY WORDS, WRITTEN OR ORAL OR BY CONDUCT
TO -- Make promises or allurements in connection with
the listing of the customer's establishment or offers,
Guarantee precise time and period for the provision of
the service, Offer free advertisement(s) in the same or
in any of the services of Indiacom, as consideration for
the service to be provided pursuant to the contract concluded
with the customer, Offer discount other than the one mentioned
in the acceptance cum invoice sent by Indiacom, Offer
special benefits such as "Listing at the top" of all other
commitments of any type, etc. AND SUCH ACTS IF DONE SHALL
NOT BIND INDIACOM IN THE EXECUTION OF THE CONTRACT. (The
customer shall in this regard solicit the advice in writing
of the Indiacom personnel not below the rank of a branch
manager). |
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| 26. |
Resolving of disputes: The parties shall first attempt
to resolve any dispute in connection with the agreement
by conciliation. Such conciliation shall be between the
senior management personnel of the parties at the relevant
time. If any dispute persists between the parties with
reference to the interpretation of this agreement or with
rights in respect of any of the transaction involved whether
before or after its termination, such dispute shall be
referred to Arbitration. Each party shall be entitled
to appoint one Arbitrator within 30 days of raising of
the dispute. The Arbitrators so appointed shall appoint
a third arbitrator who would act as the Presiding Arbitrator.
The Arbitration proceedings shall be held at PUNE, India
under the provisions of Arbitration & Conciliation Act,
1996 or any statutory modification or re-enactment thereof
for the time being in force. |
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| 27. |
All the cases arising out of this agreement will be subject
to the jurisdiction of courts of Pune. |
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Terms
and conditions for Meri Website
| 1. |
By virtue of signature, the Customer hereby irrevocably authorizes Indiacom Limited (“the Company”) and the Company hereby undertakes to create, design and host website (“the Service”) for and on behalf of the Customer in accordance with the instructions and order placed by the Customer. |
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| 2. |
The Company will provide the Service based on the information and instructions provided by the Customer. |
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| 3. |
Indiacom shall commence its performance of this Contract only after realization of the cheque / Demand Draft provided towards the consideration. In the event of dishonor of cheque / Demand Draft, Indiacom reserves the right to charge the Customer towards bank charges and administrative charges. |
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| 4. |
The Customer authorizes the Company to contact it, from time to time, by telephone or otherwise so as to verify its information in Company’s database and also for obtaining additional information relating to its products / services etc. |
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| 5. |
The Customer also authorizes the Company to keep it informed periodically about its business including new / existing products through telephone, email, SMS etc. |
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| 6. |
Indiacom shall not be liable to the Customer save as expressly provided for in these terms and conditions and shall have no other obligations, duties or liabilities whatsoever in contract, tort or otherwise. To the maximum extent permitted by law, Indiacom hereby disclaims all warranties, terms and conditions with regard to the information, products and services including all implied warranties, terms and conditions by statute, collaterally or otherwise of satisfactory quality, fitness for a particular purpose and title. Indiacom shall in no event, be liable for any loss of profit, loss of opportunities, loss of business, loss of revenue, indirect, incidental, special or consequential loss arising out of, or in any way connected with the use of the website or with the delay or inability to provide the contracted service. In no event will Indiacom's liability in connection with the services, any software provided hereunder, or this agreement, whether caused by failure to deliver, non-performance, defects, breach of warranty or otherwise, exceed the aggregate amount paid by the Customer as consideration for this contract. |
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| 7. |
Disclaimer
a. Indiacom shall not be responsible for any errors in websites due to incorrect details furnished by the Customer.
b.The sales / authorized representative does not have the authority either by words, written or oral or by conduct to do any of the following acts and such acts if done shall not bind Indiacom in the execution of the contract. The Customer shall in this regard solicit the advice in writing of the Indiacom personnel not below the rank of a branch manager
.
i. Make promises or allurement in connection with the provision of contracted service.
ii. Guarantee the precise time and period for the provision of the contracted service.
iii. Offer free advertisement(s) in the same or other product / services of Indiacom / Yahoo, as consideration of the contract pursuant to the Contract concluded with the Customer, other than what is offered in the official price list.
iv. Offer any discount other than what is offered in the official price list.
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| 8. |
Indiacom reserves the right to terminate the Contract at its option. |
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| 9. |
The Customer shall indemnify and keep Indiacom and its Directors and officers indemnified in respect of all expenses, loss or damages (pecuniary or otherwise) which may be suffered by it / them against any claims made by third party arising out of providing the service for any reason including infringement of any Intellectual Property Rights. |
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| 10. |
Indiacom’s decision on the scope of the contract and interpretation thereof shall be final and binding on the Customer. |
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| 11. |
Any dispute arising out of this Contract between the Company and the Customer shall be subject to exclusive jurisdiction of Courts at Pune only. |
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| 12. |
Force majeure – Indiacom shall not be liable to Customer in respect of any delay in performance of this Contract or breach of terms and conditions due to any event or circumstances beyond Indiacom’s reasonable control. |
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| 13. |
Entire agreement: The terms and conditions of this agreement supersede all former oral or written understandings / agreements/ representations between the parties and shall constitute the entire agreement between the parties with respect to the subject matter of this Contract. There are no understandings and representations, express or implied not expressly set forth in this Contract. The Contract shall not be modified or amended except by writing signed by the party to be charged, and no changes or additions shall bind Indiacom unless signed by it through an employee of not below the Branch Manager’s rank. |
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| 14. |
The contract shall also be subject to the Meri Website Use Policy as specified below. |
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| 1. |
Scope. This Policy (this "Policy") governs the usage of Indiacom Limited’s (“Company”) product, “Meri Website” (the "Services"). This Policy is incorporated by reference into each contract Company enters into with a customer (each, a "Customer") for the use of such Services. Company may modify this Policy at any time without notice. In addition, this Policy is incorporated by reference into the Terms and Conditions applicable to Company's Web site so that no person who utilizes Company's Web site (regardless of whether that person is a Customer) may take any action utilizing Company's Web site that a Customer would be prohibited to take utilizing the Services. |
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Purpose . The purpose of this Policy is to enhance the quality of the Services and to protect Company's customers, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. This Policy applies to each Customer and its employees, agents, contractors or other users of such Customer who obtain Services from Company (each such person being a "User"). Each User should use common sense and good judgment in connection with the Services. Parents or guardians should always supervise minors in using the Internet. Parents and guardians should remain aware at all times of what is on the Internet and how the minors under their care are using the Services and the Internet. |
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Prohibited Uses . Users may not:
a. Utilize the Services to send mass unsolicited e-mail to third parties. Provided, however, that Users may use software programs or services provided by Company to send unsolicited commercial e-mail so long as the User ensures that such transmissions comply with all applicable regulations, rules and laws for the time being in force in India or outside.
b. Utilize the Services in connection with any illegal activity. Without limiting the general application of this rule, Users may not:
i. Utilize the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization;
ii. Utilize the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party;
iii. Utilize the Services to traffic in illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law;
iv. Utilize the Services to export encryption software in violation of applicable export control laws in India or outside;
or
v. Utilize the Services in any manner that violates applicable law .
c.Utilize the Services in connection with any tortious or actionable activity. Without limiting the general application of this rule, Users may not:
i.
Utilize the Services to publish or disseminate information that (A) constitutes slander, libel or defamation, (B) publicizes the personal information or likeness of a person without that person’s consent or (C) otherwise violates the privacy rights of any person.
ii.
Utilize the Services to threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law.
d. Utilize the Services in connection with any other disruptive or abusive activity. Without limiting the general application of this rule, Users may not:
i.Utilize the Services to cause denial of service attacks against Company or other network hosts or Internet users or to otherwise degrade or impair the operation of Company’s servers and facilities or the servers and facilities of other network hosts or Internet users;
ii. Post messages or software programs that consume excessive CPU time or storage space;
iii. Utilize the Services to offer mail services, mail forwarding capabilities, POP accounts or autoresponders other than for the User’s own account;
iv. Utilize the Services to resell access to CGI scripts installed on Company’s servers;
v. Utilize the Services to subvert, or assist others in subverting, the security or integrity of any Company systems, facilities or equipment;
vi. Utilize the Services to gain unauthorized access to the computer networks of Company or any other person;
vii. Utilize the Services to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code;
viii. Utilize the Services to (A) forge the signature or other identifying mark or code of any other person, (B) impersonate or assume the identity or any other person, or (C) engage in any other activity (including "spoofing") to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous remailers or Internet nicknames);
ix. Utilize the Services to distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services;
x. Utilize the Services to conduct port scans or other invasive procedures against any server (except any server for which the User is an authorized system administrator);
xi. Utilize the Services to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or spam;
xii. Utilize the Services to solicit or collect, or distribute, advertise or promote, e-mail address lists for the purpose of encouraging or facilitating unsolicited commercial e-mail or spam;
xiii. Utilize the Services in any manner that might subject Company to unfavorable regulatory action, subject Company to any liability for any reason, or adversely affect Company’s public image, reputation or goodwill, including, without limitation, sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by Company in its sole discretion;
xiv. Use any third party software that impairs, disrupts, destroys, or otherwise damages or has potential to damage Company’s servers and facilities or the servers and facilities of other network hosts or Internet users; or xv. Utilize the Services in any other manner to interrupt or interfere with the Internet usage of other persons. |
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Violations.
a.
Disclaimer.
Company expressly disclaims any obligation to monitor its Customers and other Users with respect to violations of this Policy. Company has no liability or responsibility for the actions of any of its Customers or other Users or any content any User may post on any Web site.
b. Reporting Non-Copyright Violations.
Company encourages Users to report violations of this policy by e-mail to: abuse@indiacom.com, including in any such report the name of the offending domain (for example, xyz.com) and the type of abuse (for example, spam, illegal acts, harassment, etc.) in the "subject" field of the e-mail.
c. Reporting Copyright Violations. Company encourages Users to report an alleged IPR infringement involving a user by sending a notice to abuse@indiacom.com
d. Company reserves the right to suspend or terminate any customer pursuant to any valid complaint. Furthermore, Company, in its sole discretion, may suspend or terminate without notice; any User that Company determines is a repeat IPR infringer.
e. Remedies.
If Company learns of a violation of this Policy, Company will respond to the applicable Customer and may, in Company’s sole discretion, take any of the following actions, in accordance with the severity and duration of the violation:
i. Warning the Customer;
ii. Suspending the offending Customer from the Services;
iii. Terminating the offending Customer from the Services;
iv. Imposing fees or charges on the offending Customer account in accordance with the applicable service contract;
v. Removing the offending content or service; and
vi. Taking other action in accordance with this Policy, the applicable service contract or applicable law.
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Reservation of Rights. Company reserves the right to cooperate with appropriate legal authorities in investigations of claims of illegal activity involving Company’s Services, Customers and other Users. Company reserves all other rights to respond to violations of this Policy to the extent of applicable law and in accordance with any applicable contractual obligations. Company may utilize technical means to monitor communications into, and out of, its network facilities to prevent the introduction of viruses or other hostile code, to prevent intrusions and otherwise to enforce this Policy and each Customer agrees that Company is authorized to monitor its communications through Company's network for such purposes. |
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