1. Definitions: For the purpose of these terms and conditions, the following words and phrases shall have the meaning respectively assigned to them as under: (a) "Base Price" means the minimum price fixed by the Company as floor price for the Premium Number. (b) "Company" shall mean Mahanagar Telephone Nigam Limited. (c)"Customer" shall mean any individual group of individuals, firm, and company lodging a bid for the Premium Number auction, through the MTNL Mumbai website www.mtnlmumbai.in.
(d) "Premium Number" means the special category of telephone numbers belonging to the Company, posted for bidding and sale.
2. The Premium Number auction is available only for the Customers (above 18 years if individuals) who shall subscribe for new landline connection or change their existing landline number through MTNL Mumbai website and not available for foreign nationals.
4. The bid for a Premium Number shall be subject to Base price, as determined by the Company and therefore the bid of a Customer cannot be below the Base price . Every bid, except the first bid, shall be for the incremental amount than the earlier highest bid.
5. The bidding process shall commence at the initiation of the Company and on any Customer putting the first bid. Bidding period for a Premium Number auction shall mean the period during which the Customers, interested in subscribing to the Premium Number, can deposit their bids, which period shall end on the declaration of the highest successful bid at the end of the bidding period
6. Company shall not be responsible for any delay in the processing and submission of successful bid,caused due to internet connectivity
7. Once any Premium Number is allocated to the successful bidder it will not be open for auction to any other Customer.
8. The allocation of the Premium Number shall be subject to, inter-alia, (i) Customer having a valid address in the state/city to which the Premium Number belongs to, (ii) verification of address by the Company, and (iii) submission of required documents for a landline connection as per the regulatory norms and the Company's policies.
9. On the allocation of a Premium Number to any bidder, the Company shall update the Premium Number auction database.
10. The prescribed charges for availing the service of Premium Number auction shall have to be paid within the period of three working days excluding the day of bidding & from the submission of mail confirmation by the Company to the successful bidder regarding the successful bid. But if the successful bidder fails to make the payment in time as explained above then the next highest bidder will be offered the Premium Number who shall have to make the payment within the stipulated time. The service tax as applicable from time to time (at present @ 12.36%) will be levied
11. Customer shall: (a) Comply with all notices, directions or instructions given by Company from time to time with respect to the use of the MTNL Mumbai website for the service of Premium Number auction; (b) Not under any circumstances create or cause a situation whereby other users are affected in their enjoyment and / or use of the MTNL Mumbai website; and (c) Warrant and undertake not to undermine the security or integrity of the computer systems or networks used by Company for providing the facility of this service through MTNL Mumbai website , including without limitation by importing any viruses, trojan horses, surreptitiously intercepting such systems or networks, and not gain or attempt to gain unauthorized access to such computer systems or networks.
12. Customer shall take all necessary measures (including but not limited to changing his/her password from time to time) to protect secrecy his/her user Id and password and shall not divulge the same to any other person(s). Company shall not be held responsible for any loss or damage suffered or incurred by Customer or any third party due to any wrongful use of Customer's user Id, account or other personal information by any other person no matter how much loss or damage is caused. Where a user Id is necessary to access any part of MTNL Mumbai website , Customer shall use only his/her own user Id. Customer shall be responsible to immediately notify Company of any unauthorized use of Customer's user Id, account, or of any other breach of security known to Customer. Customer (and not Company) shall be responsible for maintaining records relating to Customer's transactions carried out via the MTNL Mumbai website . Company shall not be responsible to provide historical data or to assist in providing such information to Customer.
13. Availability of the Premium Number auction shall be subject to change, withdrawal or discontinuance at Company's discretion without the need to assign any reason to Customer and the Customer is not guaranteed any number selected by him. Company reserves the right to (i) reject Customer's bid or (ii) refuse the number selected by Customer, without assigning any reasons and assuming any liabilities. Company hereby expressly disclaims any and all liabilities for any inaccuracy, errors or discrepancies on the MTNL Mumbai website in relation to the Premium Number auction or for rejection of the Customer's bid.
14. Without prejudice to any other rights or remedies available to Company, the Company may, (but is under no obligation to) at any time and in its absolute discretion, suspend Customer's use of the MTNL Mumbai website without incurring any liability whatsoever to any person and for whatsoever reason including without limitation where Company suspects that Customer has been using the MTNL Mumbai website facility in breach of any laws or regulations, or any other warranties contained in these terms and conditions.
15. Company shall under no circumstances be liable or responsible for any loss, injury or damage to Customer, or any other party whomsoever, arising on account of any transaction contracted via the MTNL Mumbai website .
16. These terms and conditions are governed by, and shall be construed in accordance with, the laws of India. Any dispute arising out of or related to or connected with any these terms and conditions shall be subject to the exclusive jurisdiction of the courts located in the city in which the main circle office of the Company administering in Mumbai.
17.No failure on the part of Company to exercise, and no delay on its part in exercising, any right or remedy under these terms and conditions will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies provided in these terms and conditions are cumulative and not exclusive of any other rights or remedies (whether provided by law or otherwise).
18. The rights and obligations under these terms and conditions shall not be capable of assignment by Customer and shall be binding on and inure for the benefit of Customer and his/her successors and permitted assigns.
19. Company shall not have any liability for any delay or default in the performance of its obligations under these terms and conditions caused by circumstances beyond its control including but not restricted to acts of God, acts of the public, enemy, decrees or restraints by governmental authorities, failure of computer systems, strikes, war, riots, insurrections, civil commotion and other causes of such nature. In any of the events mentioned above, Company shall for the duration of such event, be relieved of any such obligation under these terms and conditions as is affected by the said event, PROVIDED that the provisions of these terms and conditions shall remain in force with regard to all other obligations under these terms and conditions which are not affected by such event.
20. If any provision in these terms and conditions is found or held to be invalid or unenforceable, then the meaning of such provision shall be construed to the fullest extent allowed by law so as to render the provision valid and enforceable, and if no such construction is possible, the invalidity or unenforceability of such provision shall not affect the other provisions of these terms and conditions and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect.
21. Company reserves the right to change/modify these terms and conditions in any manner from time to time without being liable to assign any reason for the same or to inform the Customer or any third party about such change/s.
22. Company reserves the right to initiate civil/criminal proceedings and/or other legal action against the Customer in case of breach of any of the terms and conditions set forth herein.
23. Customer understands and acknowledges that the Premium Number is not permanent in nature and is subject to any change in the National Numbering Plan of the Dept. of Telecommunications (DoT). In the event of any such change in the said numbering plan of DoT, Company will have to withdraw the Premium Number, as may be advised by DoT, and in such event, the Company will not be liable for any compensation to the Customer nor be liable to refund the amount paid by the Customer.
24.The premium number will be sole property of MTNL & customer who bids the same will be the user only & have no right to sell or re-offer to any agency.
25.It will be not binding on the part of MTNL to provide connection, if the successful Bidder's address falls in the area of TNF (Technically Non-Feasible)
26.There is every possibility of a change of allotted number due to Area Transfer for which the customer will be given from the nearest sequence / series of telephone number of that Area and will not be charged again for this. However, customer will not have any right to claim a particular number.
27.All the transactions should be made in the form of D.D. (demand draft) in favor of MTNL Mumbai. The DD amount should also include service tax as applicable from time to time (at present @ 12.36%).
28.The customer will sign and submit this "terms & conditions" sheet along with the application for new connection form for the allotted number while submitting the request Bid.
29.This site is developed and managed by MTNL which has the sole discretion in changing the terms from time to time to bear responsibility and is the sole property of the Company.
30. The customer will sign this document that " I have read & thoroughly gone through the above terms ,conditions& clauses & I fully agree and abide by the same"