Terms & Conditions

Terms and Conditions:

1. FORMATION OF CONTRACT :
Unless Otherwise agreed upon, this Contract is binding on the Subscriber on the terms contained herein on the date of signing of this Contract by the Subscriber,his agent or authorised person.

2. PAYMENT :
All payments should be made by crossed amount payee Cheques/ DD drawn in favour of “ Infomedia Services”. Cash payments, subject to limits laid down by the Company should be made only to Infomedia Services or their appointed Sales person bearing identification. Subscribers Proof of payment will be the Contract issued by Infomedia Services or their authorised representative. It is distinctly understood that the amounts specified overleaf are towards rendering of services. For any additional services over and above this contracted value shall require a separate Contract.

3. DATA LISTING :
The Company hereby offers to upload / List the advertisement or any service of the subscriber in its database, on and from the listing date for a period of one year or upto renewal of the contracted advertisement / Service whichever is earlier unless the contract is determined sooner due to cancellation, delisting or termination due to Subscriber’s non observance of the terms and conditions contained herein.

4. AMENDMENTS / ALTERATIONS :
If the Subscriber wishes to alter or amend the text and content of the advertisement material, or the advertisement itself or content of any other service in any form whatsoever, he will be permitted to do so at any time prior to the Sales Closing Date, subject to the following terms and conditions.
  • No Amendments / Alteration charge will be leived .
  • The said Amendment / Alteration is received prior to Sales Closing Date.
  • Amendment / Alteration is only pertaining to the telephone number mentioned by him in the advertisement/service material. However,it will be the Sole responsibility of the Subscriber to inform Company in writing about the change in telephone number(s) / Advertisement Content. The Company would take all reasonable care to incorporate the changed telephone number(s) / Advertisment Content provided the same has been received in writing from the Subscriber prior to the Sales Closing Date.
  • If the amendment / alteration results in an increase in the contract value specified herein no amendment /alteration charges will be leived. The Subscriber shall pay as per the prevailing rate card, the amount due to Company as a result of the increase in the contract Value. Products cannot be exchanged or adjusted against any other product.

5. CANCELLATION :
Upon execution of a Contract, if the Subscriber wishes to cancel the contract entered by him with Company, he Shall be charged with 20% of the Contract value together with the cost incurred by the Company on the services which were determined to be rendered.

6. COMPANY’s LIABILITIES :
If Company should be found liable for loss or damage due to failure on the part of Company or in any respect, regardless of whether Subscriber’s Claim is based on Contract,tort,strict liability or otherwise, the liability of Company Shall be to the extent of a pro-rata abatement to the total amount payable hereunder, to the extent that an error or omission affects the entire advertisement / Service, and shall belimited to an amount equal to the value of the Contract for the disputed advertisement / service, or the sum of money shall paid by the subscriber, whichever is less, liquidated damages and the liability shall be exclusive and exhaustive as against company by the Subscriber. In no event Company be liable for any loss of Subscribers business, revenues, profits, the cost of Subscriber of the other advertiements / services oe any other special incidental Consequential or punitive damages of any nature or for any claim against the Subscriber by any third party.

7. SUBSCRIBER’S WARRANTIES AND DECLARATIONS:
The Subscriber declares and warrants as follows:
  • The Subscriber is the owner or duly authorised agent and /or representative of the product / services to be advertised.
  • The Subscriber is authorised to use the Trademarks that appear in the advertisement.
  • The Advertisement material to be published in does not in any way infringe others proprietary rights of copyright ,patent, design or trademark.
  • The Statements / Representations made by him in the advertisement are not designed or calculated to mislead or discredit competitors products or services and do not exaggerate any claim/product.
  • Neither the assurance of the advertisement nor any matter contained in the advertisement violates any applicable law, code of Conduct or any other statutory rules or regulations which are in force from time to time.
  • Any form of guarantee(s) expressed by the advertisement is /are specific and provable.
  • The advertisement conforms to Code of Advertising Standards Council of India.
  • All necessary sanctions for publishing the advertisement are obtained prior to entering into the contract.
  • The Contents /artworks/dummies/sketches/bromides/texts were checked for their correctness before they were forwarded to Company.

8. INDEMNITIES :
The Subcriber agrees to defend, indemnify and hold harmless Company from any loss, damage, cost and expenses caused to company by reason of any service availed and including but not limited to:
  • Breach of any of the terms of Contract.
  • Any third party Claims affecting Company’s rights.
  • Any False warranties/ declarations made by the subscriber to Company.
The Subscriber agrees to and does hereby indemnify Company from all cost and proceedings , Claims and demands of and description whatsoever ( including agency fees and solicitors cost and court fees, if any)in the event that it becomes necessary for company, to institute or defend legal proceedings of any nature in anyway enforce its rights in respect of application.

9. FUTURE ISSUES:
The Subscriber hereby authorises company to use the whole or any part of the information contained in the advertisement/service in all of the future issues as Company may deem. The Subscriber hereby authorises Company to use the information for maintaining database well for any other purpose.

10. SUBSCRIBERS RESPONSIBILITY TO SUBMIT ADVERTISEMENT MATTER:
It Shall be the duty and responsibility of the Subscriber to submit the full advertisement matter to Company promptly, failing which ,Company shall be duly entitled to print ,whatever matter of the Subscriber is available with the Company.

11. DURATION :
In signing this contract , it is mutually agreed by the subscriber and /or signatory and the company that the signed contract constitutes a final agreement for which the signatory guarantees payment of the full yearly amount under this contract.

12. FORCE MAJEURE :
Company shall not be liable for non performance hereof if and to the extent caused by occurrences beyond its control, including but not limited to, acts of God, decress or restraints of Governments, Strikes or any other labour disturbances, change of law, refusal on the part of the Government Agencies, Bank of other Components authority to grant any necessary permit or in the event of any other supervening clause rendering performance of any of the obligations in accordance with the most liberal interpretation of the doctrine of frustration of contract impossible.

13. JURISDICTION AND ARBITRATION :
All disputes arising out of this contract shall be referred to Arbitration in accordance with Arbitration & Concillation Act 1996. The jurisdiction for all disputes will be at Coimbatore.

14. REVISION :
The Subscriber hereby agrees that Company has the absolute right to revise the above terms and conditions at its own discretion form time to time and thereafter may communicate such revision to the then existing Subsribers.

15. DEEMED NOTICE :
Every Subscriber signing the Contract form overleaf is deemed to have read and understood the foregoing terms and conditions before signing the same and therefore cannot plead ignorance of the said terms and conditons.

16. MISCELLANEOUS :
Infomedia Services can reach out to Subscriber for cross-sell/ Up Sell & Renewal or any other marketing and promotional activities.