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Listed below are some of terms and conditions that you must know before associating with Onicara Corporation. So, please read all the points very carefully, as it would be implicit that you agree to the entire T&C’s section while outsourcing our services or submitting your order to us.

Client refers to the company or an individual who is outsourcing our services and work refers to the projects provided to us. Written or oral acceptance of the price quotation shall constitute a contract.

Please take your time to read these terms and conditions carefully as they form the basis of your contract with Onicara Corporation. It is implicit that you have accepted the terms and conditions as laid out below when you submit your order to us. Client means the individual or entity that contract with us. Work means the project assigned to us.

General terms

All the general terms are applicable for all legal relationships between the client and Onicara Corporation. Also, they supersede any conditions or terms that are offered, relied, or referred to by the client.

Price quotations

In case, Onicara Corporation didn’t get the opportunity to analyze the complete project, before issuing the quotation, Onicara Corporation has all the rights to revoke the terms of delivery or the previously quoted price

The price quotations issued from our end, i.e. By Onicara Corporation are free of obligation.

Unless confirmed in writing, any promises or agreements made by Onicara Corporation representatives shall not be legally binding

Any person or entity that contacts Onicara Corporation to place an order, will be regarded as the client, until and unless the said person clearly states that he/she is acting on behalf of a third party. In such cases, the name and address of the third party must be provided at the time of placing the order.

Any sort of doubt arising on the client’s ability to pay the entire amount of services, shall entitle Onicara Corporation to ask for some sufficient security prior to the execution of the assignments.

Any sort of doubt arising on the client’s ability to pay the entire amount of services, shall entitle Onicara Corporation to ask for some sufficient security prior to the execution of the assignments.

Changes to or cancellation of orders

Any major changes made by the client to an order after the contract has been concluded shall entitle Onicara Corporation to either modify the quoted price and/or term of delivery or refuse to execute the order. In the latter case, the client shall pay for the work already performed.

Cancellation of an order by the client shall entitle Onicara Corporation to claim payment of any work already performed for that order as well as compensation for hours spent on research for the remainder of the order. Onicara Corporation shall make the work performed available to the client at the latter's request, but shall accept no responsibility for its quality.

If Onicara Corporation has reserved time for the execution of the order, it may charge the client 50% of the fee for the non-executed part of the work.

Payment and refund

If the client fails to make the payment before or on the due date, he/she shall have to pay the statutory interest that will be added on the total invoice amount, starting the payment date until complete settlement.

The net payment for services shall be in the currency invoiced.

Onicara Corporation has the authority to increase the quoted price, if the client provides unclear or difficult specifications and forces to undertake more work. An example of unclear specifications can be the faulty computer programs or the faulty files provided by the client.

Payment should be made before the commencement of the work. In some situations, if Onicara Corporation agrees, the payment can be made in different stages.

100% money may be refunded to the customer, in case any university/agency or uscis rejects the work done from our end. But, the refund will take place only after a written proof from the specific university or agency, has been provided to us.

Term and date of delivery

Delivery dates are provisional, unless an explicit written agreement stipulates otherwise. Onicara Corporation shall notify the client immediately if it perceives that it will be unable to meet an agreed delivery date.

If a fixed delivery date is specifically provided for in writing and Onicara Corporation fails to meet it for reasons other than matters beyond its control, and if the client cannot reasonably be expected to brook any delay, the client shall be entitled to cancel the contract. In such cases, however, Onicara Corporation shall not be liable to pay any damages whatsoever.

Delivery shall be deemed to have taken place the moment the work is sent by post, fax, telex, courier, modem, the internet, etc.

Data sent by electronic mail shall be deemed to have been delivered as soon as the medium has confirmed sending the message.

The client shall help Onicara Corporation execute the order by doing whatever may reasonably be necessary or conducive to its timely execution.

The client shall do everything in its power to facilitate delivery of the service produced by Onicara Corporation under the contract. Any refusal to accept Onicara Corporation service shall constitute default on the part of the client, and the provisions of sub-clause 6.5 shall apply accordingly, even if no explicit request for acceptance has been made.

Indemnity and liability

Onicara Corporation shall not be liable for anything, if there is ambiguity in the source content or source file provided by the client.

In case of ambiguity or inconsistency of services offered, Onicara Corporation shall not be responsible to pay for any damages.

For any form of damage, like loss of profits, consequential damage, or losses due to project delays, Onicara Corporation shall not be liable under any circumstances.

The value of the price quotation shall never be exceeded.

Onicara Corporation shall be indemnified by the client against any sort of claims (deriving from the use of services) by third parties, barring any liability incurred by Onicara Corporation.

Onicara Corporation shall not be liable, in case of any damage or loss of data carriers, documents or data provided by the client.

Onicara Corporation shall not be liable for any damages or costs incurred due to (a) any computer viruses in data carriers or files delivered by Onicara Corporation, (b) the utilization of telecom media or/and information technology, or (c) dispatching the data or data carriers.

Complaints and disputes

If the client has any complaints about the service supplied by Onicara Corporation, it shall submit them in writing as soon as possible, yet never later than 10 days after receiving the said service. Lodging a complaint shall not release the client from its obligation to pay.

If no complaints are made within the term fixed in sub-clause 9.1 above, the service shall be deemed to have been fully accepted, and Onicara Corporation shall only act on complaints if it sees fit to do so. Onicara Corporation changing any part of the project including translated or edited text at the client's request shall in no way constitute an acknowledgement on the part of Onicara Corporation of having supplied an inferior service.

In the case of a valid complaint, Onicara Corporation shall be granted a reasonable period of time to improve or substitute the service. If Onicara Corporation cannot reasonably be expected to perform the required improvements or substitution, it may grant the client a discount.

The client's right to complain shall lapse if the client has itself edited or has hired others to edit the part or parts of the service concerned in the complaint, regardless of whether it has subsequently supplied the service to a third party or not.

Cancellation & force majeure

Any failure on the part of the client to meet its obligations, including bankruptcy, a moratorium or liquidation in respect of the client's company, etc; shall entitle Onicara Corporation to either cancel the contract (in part or in full) or postpone its execution without any claim to damages on the part of the client. In such cases, Onicara Corporation shall also be entitled to demand immediate payment.

If Onicara Corporation should prove unable to meet its obligations due to circumstances beyond its reasonable control, it shall be entitled to cancel the contract without being liable to pay damages. Such circumstances include, but are not limited to: fire, accidents, illness, strikes, riots, war, transport restrictions and delays, government measures, disruption of the services of internet providers, and other instances of force majeure.

If Onicara Corporation is compelled by force majeure to discontinue execution of the contract, the client shall still pay for any work performed up until that moment as well as any costs and expenses incurred.

Copyright

Barring explicit, written agreement to the contrary, the copyright to any work or material produced by Onicara Corporation shall rest with the same. The client shall indemnify Onicara Corporation against any and all claims by third parties in respect of alleged violation of property rights, patent rights, copyrights or other intellectual property rights relative to the execution of the contract.

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