The DIALTOUS service is provided by DIALTOUS INFO SERVICES PRIVATE LIMITED a company incorporated under the companies Act, 1956 and having its registered office at 922-C, Sri Anant Building, 66th Street, 11th Sector, K.K.Nagar, Chennai-600078. DialToUs carries on the business of providing comprehensive updated information for all products and services to customers by telephone communication and website. All the queries and information required by customers is provided by telecommunication and website. The primary object is to provide a ready reference guide with authentic information about the products and services to the end users through a medium that the end user is comfortable with culling out the required information and services.
All persons who are eligible to contract can register to the services of DialToUs. Individuals, Business houses, Small medium enterprises. Corporate entities, Semi-corporate entities, Establishments inorder to promote their company/business can subscribe to the service and advertise their products and services. DialToUs will provide information about the subscribers to users in the manner provided for in these terms.
Information Dissemination :
a) The company disseminates information to the end users by the following medium, viz., telephone, internet; short messaging service (SMS) and print.
b) In case of print medium company will charge separately for publishing the contents of the advertisement in the xyz paper unless and otherwise it is specifically mentioned in this agreement.
c) In the case of internet medium the company will provide information about the advertiser and other vendors by providing a link to the subscribers' website/webpage and may also provide a virtual number that the end user may call the enlisted advertiser/subscriber.
d) The company may at its discretion cease to provide information over any of the above said medium in which information is provided from time to time. The company reserves its right to charge the users for the service.
e) The terms and manner in which information is disseminated to end users is set forth in www.dialtous.com.
Priority of Information About Vendors :
The company's object is to provide relevant and appropriate information to the end users to suit their necessity. The end user is at discretion to classify the location and category in respect of which he/she is seeking information. The advertisers/vendors information is provided to the end users based on the specific criteria for which they have been searched and the end users are at choice to choose among the enlisted advertisers/vendors. The company determines the prioritization of the advertisers/vendors to the end users in a manner provided for in these terms. Nothing in these terms shall be deemed to restrict or prevent the company from providing users with information about other vendors.
a) Bid Model :
a) That the advertiser/vendor has to primarily provide the necessary information that has to be advertised with the company. The enlisting advertiser/vendor are at mandate to provide authenticated and appropriate information of their products or services to the company for the end users and the company is not responsible for any misinformation, in-adequate information, out dated information, irrelevant information.
b) That the advertiser/vendor has to register with the company by depositing an annual fee or registration fee as determined by the company. The deposit shall be an interest free deposit and will be adjusted against leads (as enumerated below) provided to the advertiser as set for the in these terms.
c) The company is at discretion to enhance the interest free deposit and if the company increases the deposit the advertiser/vendor has to deposit the same within 21 days from the date of enhancement notice and if the advertiser/vendor fails to deposit the same, the company is at discretion to determine the enlisting of the advertiser/vendor to the end users in all the mediums through which the company hosts the information.
d) That the advertiser while registering themselves with the company should categorically identify the business category for which they are enlisting their services or products.
e) That the advertiser will be charged according to per lead/call/click generated by the company. Leads are generated via telephone, short messaging services (SMS) and internet. when the company actually communicates the desired information about the advertiser/vendor to the end user via telephone and SMS upon a request then a lead is generated and in relation to the internet the lead is calculated when the end user clicks on the link to the advertiser's website/webpage or (b) makes a pay per lead /call/click is referred to as "Bid".
f) That the advertiser/vendor shall determine the Bid it makes. The advertiser shall make the bid separately in respect of each medium. Currently the mediums available are telephone, short messaging service (SMS) and internet.
g) That the company fixes the base bid amount and the advertiser/vendor has to submit their respective bid amount above the base bid amount. The company is at discretion to raise the bid amount from time to time depending upon the circumstances of the current business market. If the base bid amount is increased by the company the advertiser/vendor has to appropriately revise their bid amounts higher than the base bid amount. The company fixes different base bids for different medium through which the advertisers/vendors information are disseminated.
h) The company enlists the advertiser/vendor to the end users for a particular business category based on the bids submitted by the advertisers/vendors. The priority for enlisting is determined on the basis that the highest bid getting the first priority followed by other subscribers in the descending order of the bid. The enlisting of the advertiser/vendor to the end user is different for each medium.
i) That the company upon generating leads to the end users deducts the appropriate bid amount from the advertisers/vendors deposit amount. The deposit amount upon falling below a base minimum amount, the advertiser has to top up the same to the desired level to defray the lead costs. If the advertiser/vendor fails to top up their respective account upon notice of the company within 14 days, the company is not responsible for delisting the advertiser/vendor in the mediums which has enlisted to provide information of their services or products.
j) The company is at discretion to vary the base deposit and base bid amount depending upon the city/town, medium, category and other stipulations as may be identified by the company.
k) The company consecrates a threshold for enlisting the advertiser/vendor to the end user on a given day. If the advertiser/vendor reaches the threshold on the given day no more leads with deduction in the bid amount shall be provided by the company to such advertiser/vendor. Thereafter, the priority of enlisting will be determined based on the bids of other advertiser/vendor. That in a given day, if the highest bidder reaches the threshold the second highest bidder will become the subscriber with the highest bid for that day and shall pay Rs.xyz/-(Rupees xyz 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.
l) Notwithstanding the generality of the above, in the event of a subscriber receiving the maximum number of leads prescribed by him per day. The company may at its discretion continue to provide leads to the subscriber without reducing from the deposit the bid amount in respect such further leads.
m) The company will periodically appraise the advertiser/vendor about the balance deposit amount. Advertiser/vendor may change the bid amount or the category applicable to him by notifying the same to the company by e-mail, fax or online on www.dialtous.com.
n) The contract would be valid for no of leads xyz for a period of 1 year whichever is earlier.
b) Tenure Model :
a) The advertiser/vendor can subscribe to the tenure model. To subscribe to this model the advertiser/vendor shall pay annual base fee and the same should be higher than the annual base fee fixed by the company. The company determines different annual base fee for different mediums.
b) The priority of subscribers shall be determined by the annual fee paid by each subscriber, with the subscriber paying the highest fee getting priority over the next highest subscriber and so on.
c) The contract would be valid for period of 1 year or number of leads xyz which ever is earlier.
c) Choice of Model :
DialToUs shall be free to determine the model, i.e., whether it would be the bid model or the tenure model. The choice of the model may vary from category to category and location to location.
No Guarantee of Business :
DialToUs does not guarantee the subscriber that the leads generated will translate the same into business for the advertiser/vendor. The company clarifies the advertiser/vendor that the company will provide leads in the manner provided for in these terms upon end users asking for information.
No Marketing :
DialToUs is not obliged and does not market the offerings of advertiser and shall not be obliged to recommend advertiser to users.
Advertiser/vendor shall indemnify and hold harmless DialToUs, its affiliates, directors, officers, agents and employees from any claim, loss or damage, including attorney's fees asserted by any third party including any end user due to or arising out of any action or inaction of advertiser, its employees or agents.
Advertiser Obligations :
Advertiser agrees to make all payments due to DialToUs in a timely and efficient manner and shall ensure that cheques issued do not bounce. Advertiser shall not issue stop payment instructions in respect of such cheques. DialToUs reserves the right to take action under the Negotiable instruments act, 1881 in respect of bounced cheques or take any other action available in law. Advertiser represents that
1) it is a bonafide business organization carrying on business in relation to the items disclosed to DialToUs.
2) it has the rights to use the trademarks it claims to have rights to use.
3) the business carried on by advertiser does not violate or infringe upon any law or regulation and all registrations required for carrying on business have been procured by it and
4) all information provided to DialToUs is and shall at all times be accurate and complete.
Disclaimer and Limitation of Liability :
To the fullest extent permitted by law DialToUs 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, DialToUs disclaims all guarantees regarding accurate positioning of the advertiser in relation to the priority of the bids. Advertiser understands that there may be errors in the same. neither party 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. Each party's aggregate liability to the other is limited to amounts paid or payable to DialToUs by advertiser for the preceding 12 months from the date of the date of the claim.
The set out and agreed terms and conditions will come into force from the date of signing shall be valid and effective for one year from the effective date identified above and may be renewed by the advertiser by a written request of renewal with the fees as stipulated by DialToUs. No renewal shall be effective unless the fees as stipulated by DialToUs. No renewal shall be effective unless the fees and charges determined in the manner provided for in these terms are remitted by the advertiser.
a) If DialToUs or advertiser (Defaulting party) commits a breach of duty owned to the other party (Other party) the other party may call upon the defaulting party to rectify the breach within 21 days of the receipt of notice failing which other party may terminate the relationship between advertiser and DialToUs by a further notice to the defaulting party. Complaints from users about the quality and responsiveness of advertiser shall be cause for termination by DialToUs.
b) Termination of the relationship shall also not prevent DialToUs from listing the advertiser as a vendor and disseminating information to Users.
c) Upon termination of this agreement, either by efflux of time or by determination under this clause 11, the deposit placed by the advertiser ( as reduced by the leads) shall be retained by DialToUs towards the services rendered to the advertiser, Under no circumstances advertiser shall be entitled to claim a refund of amounts paid to DialToUs.
d) If there is a disagreement over any new policy introduced by DialToUs private limited.
12. Notices :
Notices shall be sent by e-mail or facsimile number/email addressed notified by just dial/advertiser from time to time and shall be followed by notice by registered post/reputed courier.
Modifications to Terms of Service :
DialToUs 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.
DialToUs shall charge the advertiser for all the taxes and charges (now in force or enacted in future that are imposed on the aid services and listing fees (including bids) arising out of advertiser's relationship with the company 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 are not charged by DialToUs the same shall be paid by the advertiser without raising any objection.
a) The company's opinion on all issues pertaining to the interpretation of these terms shall be final and binding on advertiser.
b) The relationship between DialToUs and advertiser is governed by the laws of India and exclusive jurisdiction of the courts in Chennai.
c) Advertiser agrees that no joint ventures, partnership, employment or agency exists between advertiser and DialToUs.
d) DialToUs is subject to existing laws and legal process and nothing contained in these terms is in derogation of DialToUs's right and obligation to comply with the law or governmental, court and requests of enforcement agencies.
e) If any part of these terms are held to be invalid or unenforceable including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision and is nevertheless valid an enforceable and the remainder of these terms shall continue in effect.
f) Advertiser may not assign any rights or obligations against DialToUs without DialToUs's prior written consent. DialToUs reserves the right to transfer any right or obligation against advertiser upon notice to advertiser. Upon such assignment, the assignee shall be bound by these terms in the same manner as DialToUs and DialToUs shall cease to have any liability to advertiser.
g) DialToUs shall not be responsible for any delay or deficiency due to any force majeure events such natural disasters, acts of terrorism, civil labor strife, labour and transportation strikes.
h) Nothing in these terms obliges DialToUs to provide any credit to advertiser.
All dispute, differences and/or claims arising out of these terms of service shall be settled by Arbitration in accordance with the provisions of Arbitration and Conciliation Act, 1996 or any statutory amendment thereof. The dispute shall be referred to the Sole Arbitrator who shall be appointed by the authorized person/Director of DialToUs. The advertiser shall not challenge the nomination of Arbitrator or his award on the ground that the nomination is made by authorized person/Director of DialToUs. The Arbitration proceedings shall be held at Chennai and the arbitration shall be conducted in English language. The award of the Arbitration shall be final and binding on the advertiser and DialToUs.