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Terms of Service

The Services (defined hereinafter) of ‘Fiobizz’ is represented by company Fiobizz Infotech Pvt.Ltd, a company incorporated under the Companies Act, 2018 and its permanent office address is Flat no.102, Varadwishwa Apartment, Ghanshyam nagar, Sangli-Madhavnagar road, Sangli-416416 . Fiobizz carries on the business of providing information about Vendors (defined hereinafter) of various products and services (“Information”) across India (“Service”) to Consumer. Fiobizz Provides Consumers (defined below) with its search service with information in Fiobizz database of local business, products and services across India. Fiobizz search service is available to users through multiple platform viz. Internet, mobile internet, Fiobizz is Just a medium which connects Consumer with vendor’s goods and services (“Vendors”) Registered with Fiobizz however at the same time it does not intend to guarantee any business to such Vendors. The Vendor details are specified at Page 1 of the contract, Vendors are hereinafter referred to as (“Advertiser”). Fiobizz’s objective is to provide a fast guide for up-to-dated Info in a user-friendly manner and via a medium that the Consumer is comfortable with. The Consumer of the Service are persons who may want to purchase goods / want to use vendors services and are seeking information about the Vendors of such goods and services (“Consumers”). These Terms (defined below) read with the contract form (“Contract Form”) and the invoice mentioned in Clause 11 constitute the entire understanding and Contract (“Contract”) between Fiobizz and the Advertiser.


INTERPRETATION



SUBSCRIPTION


Advertiser may be household business, small medium enterprises, corporate entities, semi-corporate entities, establishments or individuals, who subscribe to the Service in order to list their company or business. Fiobizz will provide only the Information about the Advertiser to the Consumers in the manner provided for in these Terms. Advertiser agrees and acknowledges that Fiobizz does not guarantee any business to the Advertiser and is just a medium through which information is made available to the general public.


GENERAL TERMS



INFORMATION DISSEMINATION


FioBizz currently disseminates Information to the Consumers through different platforms, viz., and internet. FioBizz may at its discretion cease providing Information over any of the above platforms or provide Information over other platforms or modify the manner in which Information is provided over any of the existing platforms, as it may deem fit, from time to time.


ADVERTISER LISTINGS

This refers to the various kinds of Advertising listings that can be selected by the Advertiser. FioBizz provides the following kinds of Advertising listings (“Listings”), FioBizz reserves the right to change the aforesaid Advertising Listing options by adding new listings or deleting the existing listings or adding, deleting, modifying or merging any categories or keywords. In the event the listing applied for in the Contract Form is no longer available, FioBizz shall endeavor to allot similar Listing to the Advertiser. The final decision making power with regard to Listing shall however vest in Fiobizz and such decision shall be final and binding on the Advertiser.


LISTING FEES

The Advertiser agrees to pay a non-refundable Listing Fee for the Services, which will be determined by FioBizz at the time of entering into this contract. The (“Listing Fee”) shall be paid by the Advertiser in advance simultaneously with the signing of the Contract.

PAYMENT MODES



CONSEQUENCES OF NON-PAYMENT OF SERVICE FEE / ECS AMOUNT


If an advertiser opt the lump sum payment mode while entering into the contract then the tenure of the contract will be equivalent to the amount paid by the advertiser.


LUMP SUM PAYMENT MODE

In the event the Advertiser fails to make any payment, including the Service Fee or the ECS amount, in time and as per the payment plan chosen by him, FioBizz may in its sole discretion, suspend the Advertiser’s Listing or access to the Service, as the case may be until necessary payments are made by the Advertiser. Further the Advertiser agrees and acknowledges that the Advertiser shall be deemed to have waived his rights to the Service and the Advertiser’s listing for the period during which the Service and the Listing is suspended for non-payment. The right of FioBizz to suspend the Service and the Listing shall be without prejudice to FioBizz’s right to terminate the Contract for any material breach committed by the Advertiser. Advertiser hereby acknowledges that the opted position / listing will be released to other advertisers in the event of non-payment of Service fee or ECS amount without any notice / intimation from FioBizz.


ISSUANCE OF INVOICE



PRIORITY OF INFORMATION ABOUT ADVERTISERS


For FioBizz, providing Information that is relevant to the Consumer is a priority. The Consumer has to identify the location and category in respect of which he is seeking Information and FioBizz will provide such Information (subject to availability of such information) based on such choice. Amongst the Vendors who fall within the parameters identified by the Consumer Information about Vendors registered with FioBizz, that is the Advertisers is first provided on best effort basis subject to delays due to any technical malfunction. Priority among Advertisers i.e., determined on the basis of the listing selected by the Advertiser and on the basis of Total Fee to be paid by the Advertiser. Nothing contained in the Contract shall be deemed to restrict or prevent FioBizz from providing Consumers with Information about other Vendors whether in priority to the Advertisers or otherwise as FioBizz may in its sole discretion determine. The Advertiser acknowledges that FioBizz will merely convey the Information to the Consumers on demand and does not guarantee that any of such Consumer requests will result in business prospects for the Advertiser.


NO GUARANTEE OF BUSINESS

FioBizz does not guarantee that enquiries / leads will be generated by it for the Advertiser or that any of such enquiries / leads will be converted into business for the Advertiser.


NO MARKETING


FioBizz is not bind and does not market the services or goods of Advertiser and shall not be bind to recommend Advertiser to the consumers. FioBizz’s responsibility under the Contract is limited to the responsibility explicitly set out herein and in no event does FioBizz undertake to generate or guarantee Enquiries or business to the Advertiser.


INDEMNIFICATION


Advertiser shall indemnify and hold harmless, FioBizz its affiliates, directors, officers, agents and employees from loss, or damage including attorney’s fee, arising from any claim asserted by any third party including any consumer due to or arising out of any action or inaction of Advertiser, its employees or agents, including but not limited to intellectual property claims any claims pertaining to incorrect or false information about the Advertiser that was provided to FioBizz and any claims including but not limited to the quality or usefulness of the products or services of the Advertiser.


CONFIDENTIALITY AND RELATED OBLIGATIONS


The Advertiser shall keep any information regarding the consumer of the Service (“Consumers Information”) confidential both during the subsistence of this Contract and after its termination. The Advertiser shall not without the prior written consent of FioBizz transfer (whether for consideration or otherwise) Consumers Information to any third party for any reason whatsoever. The Advertiser is specifically prohibited from using the Consumer Information for purposes of seeking any commercial gain out of said Consumer Information. In the event FioBizz is made aware of any such practice of the Advertiser in violation of the terms of this Contract FioBizz shall be entitled to terminate the Contract as well as initiate such legal proceedings against the Advertiser as it may deem fit at its sole discretion and without prejudice to rights available to it under applicable law.


ADVERTISER Responsibility



DISCLAIMER AND LIMITATION OF LIABILITY


To the fullest extent permitted by law FioBizz disclaims all warranties, express or implied including without limitation for non-infringement, merchantability, satisfactory quality and fitness for purpose. To the fullest extent permitted by law, FioBizz disclaims all guarantees regarding accurate Listing of the Advertiser. Advertiser understands that there may be errors in such positioning. Neither FioBizz nor the Advertiser will be liable for any consequential, special, indirect, exemplary, or punitive damages (including without limitation loss of profits, revenue, interest, goodwill) whether in contract, tort (including negligence) or any other legal theory, even if advised of the possibility of such damages and notwithstanding any failure of essential purpose or of any remedy except for Advertiser’s indemnification obligation. FioBizz’s aggregate liability to the Advertiser is limited to amounts paid to FioBizz by Advertiser during the 12 (twelve) months immediately preceding the date of the claim. FioBizz is also not liable for any claim owing to any misrepresentation of the information pertaining to the Advertiser so long as the information exhibited / communicated by FioBizz conforms to the Information made available by the Advertiser or its authorized representative.


ADDITIONAL DISCLAIMER



TERMINATION



NOTICES


Notices shall be sent by email or copy to the register mobile number / email addressed notified by FioBizz / Advertiser from time to time in writing and shall be followed by notice by registered post and dispatched through a reputed courier. Any notice refused by an Advertiser would be deemed to have been legally delivered and Advertiser will be deemed to have notice of the contents of such notice.


MODIFICATIONS TO TERMS OF SERVICE


FioBizz reserves the right to change the terms of the Contract or the Terms of Service at any time without any prior notice to the Advertiser. Changes to the terms of the Contract or the Terms of Service shall come into effect upon from the time it is put up on the Website or by any other mode of communication as may be determined by FioBizz. For Terms of Service with Advertiser In case of any queries contact at support@fiobizz.com


TAXES


FioBizz is entitled to charge the Advertiser for all the taxes and charges (now in force or enacted in future) that are or may be imposed on the said Services and Listing fees (including bids arising out of Advertiser's relationship with FioBizz) and Advertiser hereby agrees to pay the said taxes and charges promptly without raising any objections. Advertiser also agrees that in the event the said taxes and charges are not charged by FioBizz the same shall be paid by the Advertiser directly to the authorities concerned without raising any objection. The Advertiser further agrees that the taxes and charges payable under this Clause is in addition to the fee paid by the Advertiser for the Listing and Services rendered by FioBizz ii) Advertisers fall in category of Advertisement Services under section 194C of Income Tax Act, wherein maximum TDS rate is mentioned as 2%. iii) Service Tax is levied as per existing government policy. iv) Pursuant to Income Tax circular No 1/2014 dated 13-01-2014 TDS should not be deducted on service tax.


MISCELLANEOUS



PEACEMAKING


All disputes differences and / or claims arising out of the Contract shall be settled by Peacemaking in accordance with the provisions of Arbitration and Conciliation Act, 1996 or any statutory amendment thereof. The dispute shall be referred to a single Peacemaker who shall be appointed by the authorized representative / Director of FioBizz. The Advertiser shall not challenge the nomination of Peacemaker or his award on the ground that the nomination is made by authorized representative / Director of FioBizz. The Peacemaking proceedings shall be held at Pune and the Peacemaking shall be conducted in English, Hindi Languages. The award of the Peacemaking shall be final and binding on the Advertiser and FioBizz. The Peacemaker will pass a written and reasoned award and will be entitled to award cost of the proceedings.


ENTIRE CONTRACT


These Terms including any Annexure along with the Contract Form hereto forms a single Contract between the Parties hereto and constitute the entire understanding between the Parties with regard to the subject matter hereof and supersede any other Contract between the Parties relating to the subject matter hereof.


AMENDMENTS AND WAIVERS


No waiver by any Party of any term or condition of the Contract in any one or more instances shall be deemed to be or construed as a waiver of the same or any other term or condition of the Contract on any future occasion.


INSTRUMENTS


The contract is executed in duplicate and the advertiser has retained a carbon copy of this contract both copies constitute one and the same contract.

Terms and Conditions for End User