TERMS OF SERVICE
1) INTRODUCTION : The IndiAtoZ service is provided by SPANDON Marketing Pvt. Ltd. a company incorporated under the Companies Act,1956 and having its Regd. Office at 57/F, Jessore Road (N), Champadali, Barasat, Kolkata - 700 124. IndiAtoZ carries on the business of providing information about products and services and the vendors of the products and services ("Information") in select towns and cities in India ("Service"). The objective is to provide a quicker guide for up-to-date Information in a user friendly manner and via a medium that the end user is comfortable with. The end users of the Service are persons who want to purchase goods / avail services, and are seeking information about the vendors of such goods and services ("Users").
2) SUBSCRIPTION: Business houses/small medium enterprises/corporate entities/semi-corporate entities/establishments in order to promote their company / business and offerings on the Service may subscribe to advertise on the Service. IndiAtoZ will provide Information about the subscribers to Users in the manner provided for in these Terms.
3) TERMS OF SERVICE : These Terms of Service ("Terms") set forth, the terms and conditions under which the "Advertiser" (the person mentioned in page 1 of these Terms) may be identified as a vendor to Users and shall come into effect upon the Advertiser or any authorized agent of the Advertiser signing and delivering these Terms to IndiAtoZ. These Terms will override any letter or correspondence exchanged between the parties on the subject matter hereof. These Terms shall be valid and effective for one year from the effective date identified in page 1 and may be renewed by the Advertiser by a written request of renewal with the fees as stipulated by IndiAtoZ. No renewal shall be effective unless the fees and charges determined in the manner provided for in these Terms is remitted by the Advertiser.
4) INFORMATION DISSEMINATION : IndiAtoZ currently disseminates Information to the Users over four mediums, viz., internet, telephone, wireless (SMS) and print ("Medium"). IndiAtoZ may, at its discretion cease providing Information over any of the above Mediums, provide Information over other Mediums or modify the manner in which Information is provided from time to time. The terms and manner in which Information is disseminated to Users is set forth in www.indiatoz.com. IndiAtoZ reserves the right to charge Users for the Service. In Case of print medium IndiAtoZ will charge separately for publishing the advertisement in the yellow pages unless and otherwise it is mentioned on the page no:1 of this contract form. In relation to the Internet, IndiAtoZ will provide information about Subscribers (as defined below) and other Vendors by providing a link to the Subscribers' website / web page and may also provide a virtual number that the User may call a Suscriber.
5) PRIORITY OF INFORMATION ABOUT VENDORS: For IndiAtoZ, providing Information that is relevant to the User is a priority-The User has to identify the location and category in respect of which he is seeking Information and IndiAtoZ will provide the Information based on such choice. Amongst the vendors who fall within the parameters identified by the user, Information about subscribers registered with IndiAtoZ ("Subscribers") is first provided. The Advertiser is one such Subscriber. Reference to Subscribers in these Terms shall include a reference to Advertiser. Priority among Subscribers is determined in the manner provided for in these Terms. Nothing in these terms shall be deemed to restrict or prevent IndiAtoZ from providing Users with Information about other vendors.
6) BID MODEL:
- Each Subscriber has to register with IndiAtoZ by signing these Terms and providing all information set forth in page 1 of these Terms. IndiAtoZ reserves the right to charge an annual fee or a registration fee. At the time of registration, the Advertiser has to deposit a minimum of a pre-determined amount ("Deposit") to IndiAtoZ. The Deposit may be enhanced / reduced by IndiAtoZ from time to time by notice to the Advertiser. Upon a notice of enhancement. Advertiser shall deposit the additional amount required to be paid by it within fourteen days from the date of receipt of the notice. The Deposit shall be an interest free deposit and will be adjusted against leads (as defined below) provided to the advertiser as set forth in these Terms.
- As part of the registration process, the Advertiser must identify the business category in which he / she / it wants to be listed ("Category") and agree to pay per Lead/Call/Click generated by IndiAtoZ. A lead is generated when (i) in relation to Telephone and SMS when IndiAtoZ communicates Information about the Advertiser to a User upon a request by the User for Information and (ii) in relation to the Internet when (a) a User "clicks" on link to the Advertiser's website/webpage or (b) makes a call to the virtual number provided in relation to the Advertiser on www.indiatoz.com. The amount that a Subscriber agrees to pay per Lead/Call/Click is referred to as "Bid". Each Subscriber shall determine the Bid it makes. The Advertiser shall make the Bid separately in respect of each Medium. Currently the Mediums available are Telephone, SMS and Internet.
- The Bid that each Subscriber makes cannot be lower than the base amount determined by IndiAtoZ from time to time ("Base Bid Amount") by notice to the Subscriber. Upon IndiAtoZ revising the Base Bid Amount, all Bids lower than such revised Base Bid Amount shall be deemed to have been increased to the Base Bid Amount. In relation to the Information provided over the Internet, each Subscriber has to make a separate Bid in relation to (a) Users "clicking" on the Advertiser's link and (b) for use by the User of the virtual telephone number that will connect the User to the Advertiser.
- Upon any User seeking Information, Information relating to three or four Subscribers (or such greater number as the User determines) who fall within the parameters identified by the User in terms of Category and Location is provided to the User. The priority of Subscribers is determined based on the Bid of each Subscriber, with the highest Bid getting the first priority followed by other Subscribers in the descending order of the Bid. The Advertiser understands that the priority in respect of each Medium may be different and will be based on the Bids made by each Subscriber. The Advertiser also understands that IndiAtoZ may provide Information about vendors who have chosen not to be Subscribers, if the same is most relevant to the User. In relation to the Internet, Advertiser understands that a larger list of Subscribers and Users will be available to the User instantly.
- Notwithstanding the Bid made by the Subscribers, the Bid of the highest Advertiser shall be deemed to be an amount that is Re. 1 /- (Rupees one only) higher than Bid of the second highest Advertiser. The Bid of all other Subscribers (including the second highest Subscriber) shall remain the same.
- Upon each Lead that IndiAtoZ generates for the Advertiser, an amount equal to the Bid of the Advertiser shall be reduced from the Deposit. Upon the Deposit falling below a base minimum amount ("Base Deposit"), Advertiser has to top up the same to at least the Deposit. IndiAtoZ may also enhance / reduce the Base Deposit from time to time by notice to Advertiser. Advertiser will not be considered as a Subscriber upon the deposit placed by him falling below the Base Deposit and IndiAtoZ will have no obligation to provide Information about Advertiser to any User.
- The Deposit, Base Deposit and Base Bid Amount may vary based upon the city / town. Medium, Category and such other parameters as may be identified by IndiAtoZ.
- The Advertiser may determine the amount of money it wishes to be charged per day ("Threshold"). Upon threshold being reached on a given day, no more Leads shall be provided by IndiAtoZ to such Advertiser. Thereafter, the priority of Subscribers shall be determined based on the Bids of other Subscribers. If the Subscriber who has made the highest Bid reaches the Threshold that he has identified, Subscriber making the second highest Bid wilt become the Subscriber with the highest Bid for that day and shall pay Re. 1/-(Rupee one only) more than the Bid of Subscriber making the next highest Bid per Lead. The same principle will apply upon the Subscriber making the second highest Bid also reaching the Threshold identified by him for the relevant day and so on. Notwithstanding the generality of the above, in the event of a Subscriber receiving the maximum number of Leads prescribed by him per day, IndiAtoZ may continue to provide Leads to the Subscriber without reducing from the Deposit the Bid amount in respect such further Leads.
- IndiAtoZ will periodically appraise the Advertise about the Deposit amount remaning. Advertiser may change the Bid amount or the Category applicable to him by notifying IndiAtoZ by email or online on www.indiatoz.com.
- The Contact would be valid for no of leads mentioned on the page no 1 or for a period of 1 year which ever is earlier.
7) NO GUARANTEE OF BUSINESS: IndiAtoZ does not guarantee that Leads will be generated by it for the Advertiser or that any of such Leads will translate into business for the Advertiser. Advertiser understands that IndiAtoZ's only obligation is to provide Leads in the manner provided for in these Terms upon Users asking for Information.
8) NO MARKETING : IndiAtoZ is not obliged and does not market the offerings of Advertiser and shall not be obliged to recommend Advertiser to Users.
9) NOTICES : Notices shall be sent by email or facsimile to the facsimile number / email addressed notified by IndiAtoZ / Advertiser from time to time and shall be followed by notice by registered post / reputed courier.
10) MODIFICATIONS TO TERMS OF SERVICE : IndiAtoZ reserves the right to change these Terms or policies relating to the Service at any time. Changes to these Terms shall come into effect upon notice to Advertiser.
11) TAXES : IndiAtoZ Shall Charge the Advertiser for all the taxes and charges (now in force or enacted in future that are imposed on the said services and listing fees (including bids)) arising out of Advertiser's relationship with IndiAtoZ and Advertiser hereby agrees that they shall pay the said taxes and charges promptly without raising any objections. Advertiser also agrees that if the said taxes and charges is not charged by IndiAtoZ the same shall be paid by the advertiser without raising any objection.