1. Advertising order
The advertising order is exclusively subject to the General Terms and Conditions of PRonto Media Solutions, which constitute an integral part of the contract. The validity of any terms and conditions on the part of the Client or other space buyer are, if these do not comply with these Terms and Conditions, expressly excluded. Orders for advertising to be published in online media and other media forms are subject to the General Terms and Conditions of the respective media.
2. Conclusion of contracts
The contract attains validity through confirmation by PRonto Media Solutions in either written form or by e-mail, subject to the provisions of individual contrary agreements. Orders placed orally or by telephone are also subject to these General Terms and Conditions.
3. Cancellation of Contract
3.1 : Orders may be cancelled up to 7 days from the date of signing up the application form.Cancellations must be submitted in writing or by e-mail.
3.1 : 10% of the paid amount will be deducted towards service application processing fee.
4. Limitation of Liability
4.1 : PRonto Media Solutions shall not in any circumstances have any liability for any claim for loss of profits or anticipated savings, loss of goodwill or injury to reputation, loss of business opportunity, punitive damages, losses suffered by third party or indirect, consequential or special loss or damage regardless of the form of action, whether in contract, strict liability or tort (including negligence), and regardless of whether PRonto Media Solutions knew or had reason to know of the possibility of the loss, injury or damage in question. Such exclusions will apply to the fullest extent permissible at law but PRonto Media Solutions does not exclude liability for death or personal injury caused by the negligence of PRonto Media Solutions or its Affiliates, its employees or agents, or for fraud.
4.2 : The aggregate liability of PRonto Media Solutions to the Customer for all losses, damages, costs, claims or expenses suffered by the Customer arising out of or in connection with any breach by PRonto Media Solutions of the terms of this Agreement or any tort or breach of statutory duty committed by PRonto Media Solutions (or any officer, employee, agent or subcontractor thereof) in connection with the performance or purported performance of PRonto Media Solutions's obligations under this Agreement, including without limitation any indemnities given by PRonto Media Solutions under this Agreement, shall be limited to and in no circumstances whatsoever exceed the total amount of Charges PRonto Media Solutions receives from the Customer under this Agreement.
4.3 : All services are offered without any performance guarantee in terms of no. of enquiries, confirmed orders etc.
4.4 : PRonto Media Solutions excludes any warranty, express or implied, as to the quality, accuracy, timeliness, completeness, performance, fitness, for the particular purpose of any of its contents, hosted on any of PRonto Media Solutions servers, unless otherwise specified in writing.
5. Force Majeure
If either the Customer or PRonto Media Solutions is affected by any cause outside or beyond its reasonable control including (without limitation) acts of God, interruption or disruption in transmission of an Advertisement or any enquiry from visitors of the PRonto Media Solutions website, war, riot, malicious acts of damage, civil commotion, strike, lockout, industrial dispute, refusal or licence, power failure, fire, computer virus or the lack of availability of materials, it shall promptly notify the other party of the nature and extent of the circumstances in question. Notwithstanding any other provision of this Contract, neither party shall be deemed to be in breach of the terms and conditions of this Contract, or otherwise be liable to the other, for any delay and the performance of its obligation shall be extended accordingly as the case may be.
6. Advertisement Preparation, Review and Approval
6.1 : The content and all colour proofs, digital files, copies, artworks, photos, pictures, graphics or information involved of an Advertisement are subject to approval by PRonto Media Solutions which reserves all its rights to amend or refuse any Advertisement. Any such amendment or refusal shall not result in PRonto Media Solutions incurring any liability to the Customer.
6.2 : PRonto Media Solutions provides a platform only and is not a party to, nor in any way involved in, any transactions carried out through or facilitated by any Advertisement, Publication or the PRonto Media Solutions website. Approval of an Advertisement does not constitute endorsement by PRonto Media Solutions of its content or the Customer's goods and/or services. The Customer shall not make any false, misleading, defamatory, libelous, discriminatory, threating, harassing, objectionable, offensive, unlawful or inconsistent statement and shall correct any mistaken impressions that its buyers or potential buyers may have.
7.1 : Payment Should be made in favour of PRonto Media Solutions by Cheque/DD/Cash.
7.2 : Work on services shall commence only after clearance of Due payment of customer.
7.3 : The advertising fee and all money payable to PRonto Media Solutions are exclusive of all taxes. Any applicable tax on the advertising fees or charges will be the responsibility of the Customer. If at any time there is any withholding or deduction in respect of any taxes, duties or other charges that the Customer would need to apply in accordance with any applicable laws of any country/region on any payment to PRonto Media Solutions, the sum due from the Customer in respect of such payment shall be increased to the extent necessary to ensure that after making such deduction or withholding, the net amount paid to PRonto Media Solutions shall be equal to the sum it would have received if no deduction or withholding had been applied, and the Customer shall be responsible for settling the withholding taxes or other payments to the relevant authorities on its own account. Any invoice sent to the Customer by PRonto Media Solutions may include any applicable tax chargeable in accordance with the applicable laws
7.4 : Refund of any amount is at the sole discretion of the company.
7.5 : Charges for subsequent years shall be as per the then present rate, which may be higher than the current charges.
7.6 : The Client shall bear any costs to PRonto Media Solutions of carrying out changes to the advertising material that are either requested or justifiable.
8. Delivery of data
8.1 : The Client is obliged to provide the correct Requiredmaterial, particularly with regard to the format or the technical specifications within Specified time period from PRonto Media Solutions.
8.2 : All information including text & pictures to be provided by the client who should also be the legal copyright owner of the same. PRonto Media Solutions shall not be liable for any claims/damages arising out of content posted on your website.
8.3 : You indemnify PRonto Media Solutions of all claims, conflicts, or legal proceedings arising out of all information, date, text, software, music, sound, photographs, graphics, videos, messages or any other material(content) posted on the website or privately transmitted. You undertake the sole responsibility to take actions under such circumstances. This means that you, and not PRonto Media Solutions are entirely responsible for all content that is present on your website, posted or transmitted via the service.
8.4 : You are responsible for ensuring that material on your site (hosted by PRonto Media Solutions) complies with international and national laws.
9. Right of refusal
9.1 : PRonto Media Solutions reserves the right to refuse or block advertising orders - as well as individual call-ups within a contract - if their content violates applicable laws or official regulations, or if the contents are liable to be objected to by the Indian Advertising Council in a complaints procedure, or if their publication is unreasonable for PRonto Media Solutions due to content, origin or technical form.
9.2 : In particular, PRonto Media Solutions has the right to withdraw an advertisement already published if the Client him-/herself changes its content after the fact, or if the data of a link is changed in such a manner that the conditions of paragraph (9.1) apply.
9.3 : Customer will not provide Ads containing malware, spyware or any other malicious code or knowingly breach or circumvent any Program security measure.
9.4 : 9.4 All display banners, for Impressions ads should be in prescribed format by PRonto Media Solutions.
10.1 : PRonto Media Solutions may add to, delete from or modify these Terms at any time without liability or prior notice to Customer. Customer should look at these Terms regularly. However, changes specific to new functionality or changes made for legal reasons will be effective immediately upon notice.
10.2 : PRonto Media Solutions reserve the right to add/modify/discontinue any of the features offered with a service.
10.3 : Corporate profile, prepared by third party agencies will be compilation of information of your organization, and shall not be a credit rating. Third party agencies and PRonto Media Solutions will be authorized to use this information for various promotional purposes, including displaying the profile on the website, with no financial liability what so ever towards you or other users of the corporate profile.
10.4 : Pursuant to the signing of the proforma invoice, I hereby allow PRonto Media Solutions to make commercial calls to my mobile number(s) and organization contact number(s). This declaration will hold valid even if I choose to get my numbers registered for NDNC at any future date..
10.5 : In order to ensure excellent customer service, your calls may be monitor or recorded.