Vendor Terms & Conditions

1 Definitions

In this Agreement, unless the context otherwise requires:

• "Platform" means the FestBooking website (festbooking.in), mobile application, and all associated services.
• "Vendor" means any individual, proprietorship, partnership, LLP, or company that registers to offer event-related services through the Platform.
• "Customer" means any user who browses, enquires about, or books a Vendor's services through the Platform.
• "Service" means any event-related service listed by a Vendor including but not limited to dhol, catering, photography, decoration, and similar.
• "Booking" means a confirmed reservation of a Vendor's service by a Customer through the Platform.
• "Platform Fee" means the commission charged by FestBooking on each confirmed Booking.
• "Escrow Account" means the payment holding mechanism operated by FestBooking's authorised payment aggregator under the Payment and Settlement Systems Act, 2007.
• "GST" means Goods and Services Tax as applicable under the Central Goods and Services Tax Act, 2017 and respective State GST Acts.
• "Listed Price" means the price displayed by the Vendor on the Platform for a Service, which must be the all-inclusive base price (exclusive of GST).

2 Eligibility & Registration

2.1 Eligibility Criteria

To register as a Vendor on FestBooking, you must:

• Be at least 18 years of age and legally competent to enter into a binding contract under Indian law.
• Be a citizen of India or a legally incorporated business entity registered in India.
• Possess all valid licences, registrations, and permits required to operate your service under applicable central and state laws.
• Have a valid Indian bank account (savings or current) in your name or your business's name for receiving payouts.
• Possess a valid PAN (Permanent Account Number) issued by the Income Tax Department of India.
• If applicable, be registered under GST if your annual turnover exceeds the threshold prescribed under the CGST Act, 2017.

2.2 Mandatory Documents

At the time of registration or upon request, you must provide:

• Government-issued photo ID (Aadhaar Card / Voter ID / Passport / Driving Licence).
• PAN Card copy.
• Bank account details (cancelled cheque or passbook first page).
• GST Registration Certificate (if GST registered).
• Business registration documents (if applicable — MSME certificate, Shop & Establishment Act certificate, Partnership Deed, or Certificate of Incorporation).
• FSSAI licence (mandatory for all Catering and Food Service vendors under the Food Safety and Standards Act, 2006).
• Relevant trade licences as required by state/municipal authorities.

2.3 Account Security

You are solely responsible for maintaining the confidentiality of your login credentials. Any activity conducted through your account shall be deemed to have been done by you. Notify us immediately at support@festbooking.in if you suspect unauthorised access.

3 Nature of Platform & Intermediary Status

FestBooking is an online marketplace intermediary as defined under the Information Technology Act, 2000 and the Consumer Protection (E-Commerce) Rules, 2020. The Company:

• Provides technology infrastructure to connect Vendors with Customers.
• Does not itself provide any event services and is not a party to the service contract between Vendor and Customer.
• Acts as a limited payment intermediary for the purpose of collecting and remitting payments via escrow.
• Exercises editorial and moderation control over listings to ensure compliance with applicable law and Platform policies.

The Vendor-Customer contract is formed directly between the Vendor and the Customer upon confirmation of a Booking. FestBooking shall not be liable for any deficiency in service by the Vendor.

4 Vendor Obligations

4.1 Service Quality Obligations

• Deliver the exact service as described in your listing, on the confirmed date, time, and location specified in the Booking.
• Maintain the service quality represented in your profile photographs, reviews, and description.
• Ensure all staff and personnel deployed for the service are adequately trained, verified, and presentable.
• Carry all required equipment, materials, and manpower as agreed with the Customer.
• Arrive at the venue at least 30 minutes prior to the agreed service commencement time, unless otherwise agreed in writing with the Customer.

4.2 Consumer Protection Obligations

As a vendor on the Platform you are bound by the Consumer Protection Act, 2019 and must:

• Not engage in any unfair trade practice as defined under Section 2(47) of the Consumer Protection Act, 2019.
• Not engage in misleading advertisements (Section 2(28) CPA 2019) — all photographs, descriptions, and pricing must accurately represent your service.
• Not use dark patterns or deceptive UI elements to manipulate Customer decisions.
• Display your complete business name, address, and contact details truthfully.
• Honor the Listed Price without adding undisclosed surcharges at the time of service delivery.
• Issue a proper service receipt/invoice to the Customer after service delivery, including GST details where applicable.

4.3 Compliance with Laws

Vendors are independently responsible for compliance with all applicable laws including but not limited to:

• Shops and Establishments Act (relevant state legislation).
• Factories Act, 1948 (if applicable).
• Contract Labour (Regulation and Abolition) Act, 1970.
• Payment of Wages Act, 1936 and Minimum Wages Act, 1948 for any employees or contract workers engaged.
• Noise Pollution (Regulation and Control) Rules, 2000 — particularly relevant for Dhol, Band, DJ, and Sound System vendors.
• Food Safety and Standards Act, 2006 and FSSAI Regulations — mandatory for all catering vendors.
• Motor Vehicles Act, 1988 — for vendors operating Baggi, Ghodi, or transport services.
• Prevention of Cruelty to Animals Act, 1960 — for vendors using animals (horses, elephants).
• Explosives Act, 1884 and Petroleum Rules — for Fireworks and Lighting vendors.

5 Listings & Service Policy

5.1 Accurate Listings

All information in your listing must be accurate, current, and not misleading. Specifically:

• Photographs must be of your actual team, equipment, and past work — stock images or photos of third-party services are strictly prohibited.
• Pricing must reflect the actual starting price for the listed service. Hidden charges not disclosed in the listing are prohibited under the Consumer Protection Act, 2019.
• Availability must be updated regularly. Confirming a booking for a date on which you are unavailable is a breach of this Agreement.
• Service area/city must accurately reflect where you operate.

5.2 Prohibited Listings

The following are strictly prohibited from being listed on FestBooking:

• Services that are illegal, banned, or require licences that the Vendor does not possess.
• Services involving obscene, adult, or offensive content.
• Services that violate any law relating to public order, morality, or decency.
• Duplicate or fake listings for the same service to manipulate search results.
• Listing services under an incorrect category to gain higher visibility.

5.3 FestBooking's Right to Remove Listings

FestBooking reserves the right to remove, suspend, or modify any listing without prior notice if it violates these terms, applicable law, or Platform guidelines. This power is exercised in our capacity as an intermediary under the IT (Intermediary Guidelines) Rules, 2021.

6 Booking & Payment Terms

6.1 Booking Confirmation

• Upon receiving a Booking request from a Customer, you must Accept or Reject the request within 4 hours of notification during working hours (9 AM – 10 PM IST).
• Failure to respond within 4 hours may result in automatic rejection of the request and may affect your vendor rating.
• Upon confirming a Booking, you enter into a binding service contract with the Customer.

6.2 Payment Flow (Escrow System)

FestBooking operates an escrow-based payment model for customer protection:

1. Customer pays 100% of the Booking amount (+ applicable GST) to FestBooking's escrow account at the time of booking.
2. FestBooking holds the payment until service delivery is confirmed.
3. After successful service delivery and no active dispute, FestBooking releases the net amount (Booking amount minus Platform Fee and TDS) to your registered bank account within 3–5 business days.
4. In case of a dispute, payment release may be withheld until resolution as per Section 15 of this Agreement.

6.3 Payout Schedule

7 Platform Fee & GST

7.1 Platform Commission

7.2 GST on Platform Fee

FestBooking is registered under GST (GSTIN: [To be updated]). The Platform Fee is subject to 18% GST (CGST 9% + SGST 9% for intra-state, or IGST 18% for inter-state) as applicable under the CGST Act, 2017. GST on the Platform Fee will be deducted from your payout in addition to the commission percentage.

7.3 GST on Vendor Services (Section 9(5) CGST Act)

7.4 GST Registration Obligation

If your total turnover (including through all channels, not just FestBooking) exceeds ₹20 lakhs per annum (₹10 lakhs for special category states), you are required to obtain GST registration under Section 22 of the CGST Act, 2017. Vendors supplying services through an e-commerce operator are mandatorily required to obtain GST registration irrespective of turnover threshold under Section 24(ix) of the CGST Act, 2017. Non-compliance is your sole responsibility.

8 TDS Deductions

8.1 TDS under Section 194-O

With effect from 1 October 2020, FestBooking, as an E-Commerce Operator under Section 194-O of the Income Tax Act, 1961, is required to deduct TDS at the rate of 1% on the gross amount of sales/services facilitated through the Platform at the time of credit or payment to the Vendor (whichever is earlier). This applies to all resident Vendors.

8.2 TDS Rates

8.3 PAN Mandatory

If you do not provide a valid PAN, TDS will be deducted at 20% as per Section 206AA of the Income Tax Act, 1961. It is your responsibility to ensure your PAN is updated in your FestBooking profile.

8.4 TDS Certificate

FestBooking will issue Form 16A (TDS Certificate) on a quarterly basis for all TDS deducted. This can be downloaded from your Vendor Dashboard. You can claim credit for TDS deducted while filing your Income Tax Return (ITR).

9 Cancellation & Refund Policy

9.1 Cancellation by Vendor

• Cancelling a confirmed booking is a serious violation and will negatively impact your vendor rating and standing.
• If you cancel a confirmed booking within 72 hours of the event, a penalty of 25% of the booking amount (from your future earnings) will be levied, in addition to a full refund to the Customer.
• Repeated cancellations (more than 3 in a calendar year) may result in suspension or permanent removal of your account.
• Emergency cancellations (medical, natural calamity) must be supported by documentary evidence and will be reviewed case-by-case.

9.2 Cancellation by Customer — Impact on Vendor Payout

9.3 Service Deficiency Refunds

If a Customer raises a complaint of service deficiency (no-show, significantly inferior quality, delayed service by more than 2 hours), FestBooking may, after investigation, issue a partial or full refund to the Customer from the escrow amount. Vendors will be given a reasonable opportunity to present their case before any such deduction.

10 Prohibited Conduct

The following acts constitute a material breach of this Agreement and may result in immediate termination of your account, forfeiture of pending payouts, and initiation of legal proceedings:

• Off-platform transactions: Soliciting Customers to transact directly (outside FestBooking) to avoid Platform Fees — liable for damages equal to 3× the Platform Fee for each such transaction.
• Fake reviews: Creating fake Customer accounts to post positive reviews about yourself or negative reviews about competitors — offence under the IT Act 2000 and Consumer Protection Act 2019.
• Price gouging: Charging prices significantly above the Listed Price on the day of service without prior Customer consent.
• Misrepresentation: Claiming certifications, awards, or affiliations you do not possess.
• Harassment: Verbally or physically harassing Customers, FestBooking staff, or other vendors.
• Data misuse: Using Customer data obtained through FestBooking for any purpose other than fulfilling the booked service.
• Underage service: Providing services involving consumption of alcohol or tobacco to minors.
• Defamation: Publishing false or defamatory statements about FestBooking or its employees — actionable under Section 499 IPC / Section 356 BNS 2023.

11 Intellectual Property Rights

11.1 Vendor Content Licence

By uploading photographs, videos, descriptions, logos, or any other content ("Vendor Content") to the Platform, you grant FestBooking a non-exclusive, royalty-free, worldwide licence to use, display, reproduce, adapt, and distribute such Vendor Content for the purpose of:

• Displaying your listing on the Platform and in search results.
• Marketing and promotional materials for FestBooking (including social media, advertisements, and partner websites).
• Training and improving Platform algorithms (in anonymised/aggregated form).

11.2 Vendor Warranty

You warrant that all Vendor Content you upload is original, you own all rights to it, and its use by FestBooking will not infringe the copyright, trademark, or any other rights of any third party. If you feature any person in your photographs, you represent that you have obtained their written consent.

11.3 FestBooking IP

The FestBooking name, logo, platform design, technology, and all associated intellectual property are owned exclusively by FestBooking Internet Private Limited. No right or licence is granted to you to use FestBooking's IP other than as expressly permitted in this Agreement.

12 Data Privacy & Protection

12.1 Data We Collect

FestBooking collects and processes the following data about Vendors: name, contact details, PAN, bank account details, business registration information, profile content, booking records, and communication logs. This data is processed for platform operations, legal compliance, and payout processing.

12.2 Your Rights under DPDP Act 2023

Under the Digital Personal Data Protection Act, 2023, you have the following rights as a Data Principal:

• Right of Access: Request information about personal data held about you.
• Right to Correction: Request correction of inaccurate or incomplete data.
• Right to Erasure: Request deletion of personal data (subject to legal retention obligations).
• Right to Grievance: Raise data-related grievances with our Data Protection Officer.
• Right to Nominate: Nominate a person to exercise your rights in the event of death or incapacity.

12.3 Vendor's Data Obligations

As a Vendor, you also process Customer personal data (name, mobile, event details) received through FestBooking. You agree to:

• Use Customer data solely for delivering the booked service.
• Not store Customer personal data beyond the period necessary for service delivery.
• Not share Customer data with third parties without explicit consent.
• Implement reasonable security measures to protect Customer data.
• Notify FestBooking immediately of any data breach involving Customer information.

13 Intermediary Liability & Safe Harbour

FestBooking operates as an intermediary under Section 79 of the IT Act, 2000, and is entitled to safe harbour protection for third-party content. However, upon receiving actual knowledge of any unlawful content or on receiving a court order or government direction, FestBooking will act expeditiously to remove or disable access to such content.

FestBooking complies with the IT Intermediary Guidelines Rules, 2021, including appointment of a Nodal Officer and Grievance Officer as required thereunder. You are responsible for all content you post on the Platform. FestBooking is not liable for inaccuracies in your listing or failure to deliver your service.

14 Grievance Redressal

14.1 Complaint Resolution Timeline

• All complaints must be acknowledged within 48 hours of receipt.
• Complaints relating to vendor-customer disputes will be resolved within 15 days.
• Complaints relating to payment/payout disputes will be resolved within 21 days.
• Complaints relating to account termination will receive a response within 7 days.

14.2 Consumer Forum

Customers who remain dissatisfied after exhausting FestBooking's internal grievance mechanism may approach the appropriate Consumer Disputes Redressal Commission under the Consumer Protection Act, 2019. Vendors against whom a complaint is filed at a Consumer Forum must cooperate fully and provide requested documents to FestBooking within 5 business days of a request.

14.3 National Consumer Helpline

Customers may also lodge complaints at the National Consumer Helpline — 1915 or the Consumer Online Resource and Empowerment Centre at consumerhelpline.gov.in.

15 Dispute Resolution & Arbitration

15.1 Internal Resolution First

Any dispute between FestBooking and a Vendor shall first be subject to good-faith negotiation for a period of 30 days from the date of written notice by either party.

15.2 Arbitration

If the dispute is not resolved within 30 days, it shall be referred to binding arbitration under the Arbitration and Conciliation Act, 1996. The arbitration shall be:

• Conducted by a sole arbitrator mutually appointed by both parties, or in case of disagreement, by the Rajasthan High Court Arbitration Centre.
• Held in the English or Hindi language at Jaipur, Rajasthan.
• Governed by the Arbitration and Conciliation Act, 1996.
• Conducted through video-conferencing where possible to reduce costs.

15.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not as a class, consolidated, or representative action. This waiver is subject to any mandatory rights under Indian law.

16 Indemnification

You agree to fully indemnify, defend, and hold harmless FestBooking Internet Private Limited, its directors, officers, employees, agents, and successors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Your breach of any provision of this Agreement.
• Your violation of any applicable law or regulation.
• Any claim by a Customer arising from your failure to deliver the booked service or delivery of deficient services.
• Any claim by a third party arising from your Vendor Content infringing their intellectual property rights.
• Any injury, accident, property damage, or death arising during the delivery of your service.
• Your violation of any third party's rights including privacy rights and data protection rights.

17 Limitation of Liability

To the maximum extent permitted by applicable Indian law:

• FestBooking's total liability to any Vendor for any claim under this Agreement shall not exceed the total Platform Fees paid by FestBooking to that Vendor in the 3 months immediately preceding the claim.
• FestBooking shall not be liable for any indirect, incidental, consequential, punitive, or special damages including loss of profits, loss of business, or loss of data.
• FestBooking is not responsible for events beyond its reasonable control including acts of God, internet failures, government actions, or force majeure events.
• Nothing in this clause limits liability for death or personal injury caused by FestBooking's gross negligence or fraud.

18 Amendments to Terms

FestBooking reserves the right to amend these Terms at any time. Material changes will be notified to registered Vendors via:

• Email to your registered email address (at least 14 days notice for material changes).
• Prominent notice on the Platform and Vendor Dashboard.
• SMS to your registered mobile number for critical legal changes.

Your continued use of the Platform after the effective date of any amendment constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must deactivate your account within the notice period.

19 Governing Law & Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of India. Subject to the arbitration clause in Section 15, the courts of competent jurisdiction at Jaipur, Rajasthan shall have exclusive jurisdiction over any matter arising out of or relating to this Agreement.

This Agreement is written in English. In case of any conflict between the English version and any translated version, the English version shall prevail.

20 Contact & Registered Address