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.
• "Current Phase" means the present, introduction-only operation of the Platform, in which FestBooking connects a Customer and a Vendor and shares their contact details on acceptance, and no payment is made through the Platform.
• "Phase 2" means the later operation of the Platform in which Customer payments are collected through FestBooking. Any clause marked "from Phase 2" has no effect until FestBooking gives all Vendors at least 30 days' written notice under clause 6.3.
• "Platform Fee" means the commission charged by FestBooking on each confirmed Booking. The Platform Fee is nil in the Current Phase.
• "Escrow Account" means the payment holding mechanism to be operated from Phase 2 by FestBooking's authorised payment aggregator under the Payment and Settlement Systems Act, 2007. No Escrow Account operates in the Current Phase.
• "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.
• Hold a working Indian mobile number, which is how Customers reach you and how you sign in.
• From Phase 2 only: have a valid Indian bank account (savings or current) in your name or your business's name for receiving payouts, and a valid PAN issued by the Income Tax Department of India. Neither is required to receive bookings in the Current Phase, because the Customer pays you directly.
• 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 (from Phase 2, or earlier if you apply for a verified badge).
• Bank account details — cancelled cheque or passbook first page (from Phase 2 only; not collected while payments are direct).
• 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.
• Does not, in the Current Phase, collect, hold, remit or refund any payment for a Booking. It handles no money between you and the Customer and operates no escrow or wallet. From Phase 2 it will act as a limited payment intermediary for collecting and remitting payments via escrow.
• Shares the Customer's contact details with you, and yours with the Customer, once you accept a Booking request, so that the two of you can agree the details and the money directly.
• 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, nor for any payment, advance or refund passing directly between you and a Customer.

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 — Current Phase (Direct Settlement)

1. The Customer sends a Booking request through the Platform.
2. When you Accept, FestBooking shares your contact number with the Customer and the Customer's contact number with you.
3. You agree the price, the advance and the payment method directly with the Customer — cash, UPI, bank transfer or any method the two of you choose. The money never passes through FestBooking.
4. You raise your own invoice to the Customer and account for your own GST, if you are registered. FestBooking issues no invoice on your behalf and makes no deduction from what you are paid.
5. The service contract for the event is between you and the Customer. FestBooking is not a party to it.

6.3 Payment Flow — From Phase 2 (Escrow), Not Yet in Force

FestBooking intends to introduce an escrow-based payment model for Customer protection. Sections 6.3, 7 and 8 describe that model and do not apply to you today. They take effect only from the date online payments are switched on, and you will be notified in writing at least 30 days beforehand, with the right to stop using the Platform if you do not accept them.

1. Customer pays 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.

6.4 Customer Contact Details — How You May Use Them

• Use the number to discuss, quote for and deliver that specific enquiry — nothing else.
• Do not add the Customer to marketing lists, broadcast groups or bulk WhatsApp/SMS campaigns.
• Do not sell, rent, publish or pass the number to any other person or business.
• Stop contacting a Customer as soon as they ask you to, and delete their details when the enquiry is closed and any legal retention period has passed.
• Repeated complaints about unsolicited contact will result in suspension or permanent removal from the Platform, and may be reported to the relevant authority.

7 Platform Fee & GST Phase 2 — not in force

7.1 Platform Commission (from Phase 2)

7.2 GST on Platform Fee (from Phase 2)

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) (from Phase 2)

7.4 GST Registration Obligation (applies in both phases)

If your total turnover (counting all your 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. That threshold applies to you today, independently of FestBooking.

The additional rule in Section 24(ix) of the CGST Act, 2017 — mandatory registration regardless of turnover for persons supplying through an e-commerce operator who must collect tax at source — is tied to the operator actually collecting the consideration. In the current phase FestBooking does not collect the Customer's payment, so we do not represent that this clause is triggered by your use of the Platform; it will apply from Phase 2, when payments run through us. Because the position depends on your own turnover and category, please take your own advice from a chartered accountant rather than relying on this summary. Your GST registration, invoicing and filing remain your sole responsibility in both phases.

8 TDS Deductions Phase 2 — not in force

8.1 TDS under Section 194-O (from Phase 2)

From the date online payments begin, FestBooking, as an E-Commerce Operator under Section 194-O of the Income Tax Act, 1961, will be 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 will apply to all resident Vendors.

8.2 TDS Rates (from Phase 2)

8.3 PAN Mandatory (from Phase 2)

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. In the current phase we do not require your PAN in order to receive bookings.

8.4 TDS Certificate (from Phase 2)

Once deductions begin, 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). As nothing is deducted in the current phase, no certificate is due to you for this period.

9 Cancellation & Refund Policy

9.1 Who Decides Cancellation Terms — Current Phase

You are therefore required to state your cancellation and advance-refund terms clearly — in your service listing, and again in writing (WhatsApp or a receipt is enough) when you take an advance. Under Rule 5(8) of the Consumer Protection (E-Commerce) Rules, 2020, terms that were never disclosed before the booking cannot fairly be enforced against a Customer afterwards. If you publish no terms, expect a dispute to be decided against you.

9.2 Cancellation by You (the Vendor)

Cancelling a booking you have already accepted is a serious matter — the Customer has usually stopped contacting other vendors because of your acceptance.

• Cancel as early as you possibly can, and tell the Customer yourself by call or WhatsApp. Do not leave them to discover it from the app.
• Refund any advance you have taken directly from the Customer, in accordance with the terms you published under clause 9.1. FestBooking cannot make this refund for you and will not stand behind it.
• Late cancellation is recorded against your profile, affects your rating, your ranking in search results and your verified badge.
• More than 3 cancellations of accepted bookings in a calendar year may result in suspension or permanent removal of your account.
• Emergency cancellations (medical, bereavement, natural calamity) supported by documentary evidence are reviewed case-by-case and are normally not counted against you.

9.3 Cancellation by the Customer

A Customer may cancel a request before you accept it, and may cancel afterwards. Whether you keep any advance already paid to you depends entirely on the terms you published under clause 9.1 and on what is reasonable under Sections 73–74 of the Indian Contract Act, 1872 — broadly, you may retain compensation for loss you actually suffered (a blocked date, non-refundable materials already bought), not a windfall.

FestBooking will not instruct you to refund and will not instruct the Customer to pay. We do keep the booking record, the timestamps and the message trail, and will provide them to either side, or to a Consumer Commission, on a legitimate request.

9.4 Service Deficiency Complaints

If a Customer complains of a no-show, significantly inferior quality, or delay of more than two hours, you will be given a reasonable opportunity to give your version with evidence before we record any finding. Because no escrow exists in this phase, we cannot refund the Customer from your money. What we can do, in a proportionate way, is:

• Record the complaint and our finding on your account.
• Adjust your rating, your search ranking, or your verified badge.
• Suspend or remove a Vendor for a serious or repeated deficiency, in accordance with clause 10, subject to your right to be heard and to escalate under clause 14 (Grievance Redressal).
• Where the complaint is substantiated, tell the Customer that it was and that they may pursue their own remedy against you.

Nothing in this section limits a Customer's statutory rights, and nothing in it makes FestBooking liable for your services.

9.5 From Phase 2 (Escrow) — not in force

From Phase 2, a Vendor cancellation within 72 hours of the event will additionally carry a penalty of 25% of the booking amount, recovered from escrow or future payouts, alongside a full refund to the Customer; and FestBooking will be able to issue a deficiency refund directly from the escrowed amount after hearing you. None of this is in force in the current phase.

10 Prohibited Conduct

The following acts constitute a material breach of this Agreement and may result in immediate termination of your account, forfeiture of any pending payouts (from Phase 2), and initiation of legal proceedings:

• Diverting or concealing bookings: Asking a Customer to cancel, delete or hide a FestBooking request that you then fulfil, misreporting a booking as cancelled or not served, or otherwise falsifying the Platform's record of an enquiry. From Phase 2 this also covers soliciting a Customer off-platform to avoid the Platform Fee, and carries damages equal to 3× the Platform Fee avoided 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 a Customer's phone number or details obtained through FestBooking for anything other than that enquiry — including marketing broadcasts, adding them to groups, or passing the number to anyone else (see clause 6.4).
• 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 (from Phase 2 — in the Current Phase FestBooking holds no money and can only share the booking record and message trail with both sides).
• 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 and subscription charges paid by that Vendor to FestBooking in the 3 months immediately preceding the claim, or ₹5,000, whichever is higher. The ₹5,000 floor exists because no Platform Fee is charged in the Current Phase, and a cap of nil would be no cap at all.
• 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