Terms and Conditions

Term and Condition

By engaging DIGITAL OASIS services (here on referred to as ‘OVA’), you expressly agree to the following standard terms and conditions:

Provision of the Services:

All of OVA services are provided under these Terms and Conditions. OVA reserves the right to add, modify or discontinue any of its services or its features temporarily or permanently, without notice or liability to you. However, such changes in the terms shall be notified to you by posting the revised Terms on the website. You will be deemed to have accepted any change if you make an enquiry after the revised Terms have been posted. Once you have submitted an online order form giving details of your enquiry, you will be contacted by OVA to request any additional information, and to provide a cost estimate and/or to confirm that the service can be carried out according to your specifications. Once we agree on the scope of the project/task, the timelines and the fees, we will assign an assistant/team to this engagement, subject to these terms and conditions.

Obligations:

You agree to provide accurate, current, and complete information to OVA and inform us promptly of any changes in requirement or information. You will provide regular and timely feedback and review through the entire term of the project. If such communication is not timely or forthcoming, within the period agreed to between the Parties, due to which the project extends beyond the term of the agreement, then OVA will charge you for the additional hours as per the agreed rate. OVA will not be liable to bear any loss or pay any compensation for such delays.

For accounts on Monthly Recurring basis the number of hours are to be consumed within one billing cycle and are not roll-over hours unless agreed upon at the time of sale between the sales agent and the customer.

Payment:

You will pay OVA as per the engagement model given below. OVA will advise you prior to exceeding any initial fee estimate that is given to you, and any additional charges will be subject to your approval. If you do not so approve of any additional charges exceeding the initial fee estimate, you will have the option to limit the scope of the engagement. If you need assistance on weekends, we will charge you 1.5 times our agreed rate. Payment is due within 7 days of receipt of invoice. You will bear an annual interest rate of 25.99%, and a daily periodic rate of 0.0712% for any unpaid amount after the credit period of 7 days, which will start to accrue immediately thereafter.

Fixed bid project:

Pay 50% advance before the start of the project, 25% after approval of design, layout and wireframes, and 25% at the end of the project (For all projects of $1000 or less 100% payment is required prior to starting the project). Final payment is due within 7 days of receipt of the invoice. After this period, if payment has not been received, OVA reserves full rights to charge the client's card for the remainder of the invoice. Should OVA be unable to charge the clients card, you will bear interest charges per month for any unpaid amount after the credit period of 7 days.

Monthly Retainer Model:

Buy the hours as given below and as per your requirements. Pay one month’s payment in advance at the beginning of the project. Your remote assistant will begin assignment once we receive the payment. Then OVA will send you an invoice in the third week of every month, payable within 7 days of receipt of invoice. Work continues only if the payment is received in time before the next month begins. Your remote assistant will continue work once we receive the payment.

> 10 hours per week for an entire month
> 20 hours per week for an entire month
> 40 hours per week for an entire month

Express Model:

Pay the entire amount in advance before the beginning of the project.
Except for the Express model, it might take us 1-5 working days to start your project once we receive the advance money, depending on resource availability. Advance money is not refundable. In case of shortfall in service, we are ready to work additionally, provided there is mail documentation of your feedback throughout the engagement term. This recourse would be based on facts and evidence and at the sole discretion of OVA.

No warranty:

No warranty: You hereby agree that the OVA services and any research project or other materials you receive are provided "as is", "with all faults" and "as available" and are without warranty of any kind. While OVA relies on sources that we believe to be reliable, we cannot rule out errors in judgment or application. OVA is not responsible for any investment or other decisions of the client going wrong, based on exclusive usage of OVA’s research report. The reports are meant for general guidance of the client and not specific recommendations. OVA shall not at any time be liable for any claims or losses of any nature, including but not limited to lost profits, punitive or consequential damages. In addition to the foregoing, OVA does not provide any warranty against infringement or of title or quiet enjoyment. All payments are final, and OVA does not issue refunds, but rather offers a satisfaction guarantee wherein we will correct your project within the constraints of the initial agreement. OVA reserve the right to cancel a project for any reason at any time and to refund your transaction for the remainder of hours not worked with a notice period of at least 7 days.

Disclaimer:

Under no circumstances, OVA shall be held liable or responsible for any loss of business, monetary loss and others that may be suffered by the Company due to any decisions taken by the Company on inputs provided by OVA. You agree to indemnify and hold OVA and its employees and consultants, harmless from any loss, claims, liability, damages or costs incurred during your business operations or based on the infringement of any intellectual property rights or proprietary right of a third party.

Confidentiality & Non disclosure:

Neither party shall disclose to a third party, Confidential Information made available during the engagement. Confidential Information means information related to the Business (including third party information), which (i) is subject to privacy rules and regulations and/or derives economic value, from not being generally known to other persons (ii) is the subject of efforts by the disclosing party that are reasonable under the circumstances to maintain the secrecy of the information; and (iii) is identified by the Disclosing Party as “Confidential” and/or “Proprietary”. Confidential Information also means any internal communication and emails between both parties. The obligations of confidentiality and non-disclosure will be honored even after the termination of this agreement, except as required by governmental authorities.

The obligations of confidentiality shall not apply to any information that:

a) was known to either party prior to its disclosure by the Company without any obligation of confidentiality;
(b) has become generally available to the public
(c) may be required in any report, statement or testimony submitted to any governmental regulatory body
(d) may be required in response to any summons or subpoena or in connection with any litigation; or
(e) may be required to comply with any law, order, regulation or ruling applicable to either party.

In case of (c), (d), (e), OVA will inform you prior to disclosing any confidential information.

Please note that all phone and email conversations may be recorded for quality assurance measures. Also be advised that work done by OVA may be used in our portfolio to showcase our work to prospective clients although no confidential information may be disclosed without client consent.

Non-Solicitation:

For the period of this Agreement and three years after termination or Completion, each party agrees that it will not (through itself, affiliates, principals, or other related parties) solicit, for employment, employ, consult with, utilize the services of, or in any other manner induce or influence, either directly or indirectly any employees or contractors of the other party or the employee’s or contractor's referrals to terminate their employment/ contract and work for themselves or any other person / entity either on full-time or on part-time basis or to perform services for such party or any person or entity related thereto. Recognizing that compensatory monetary damages resulting from a breach of this section would be difficult to prove, the client agrees that such breach will render it liable to OVA for liquidated damages in the amount of twenty-five thousand dollars ($25,000) for each such individual.

Independent Contractor:

OVA is and will remain an independent contractor in its relationship with you. Nothing in these terms and conditions shall be deemed to have created a partnership, or joint venture partner or a contract of employment between OVA and you.

Further Documentation:

If any other agreements are necessary to enforce the intent of this document, both parties agree to execute such provisions or agreements upon request.

Force Majeure:

OVA shall have no liability for any failure beyond its reasonable control and without its fault or negligence including, but not limited to, acts of God, severe weather etc.

Severability:

OVA shall perform all services strictly in accordance with these terms and conditions and shall conform to all applicable laws of the State of MN. If any of these standard terms and conditions are held to be unenforceable or against public policy, by a competent MN court, then that term alone shall be removed from this document and the remainder of these standard terms and conditions shall be deemed in full force and effect.

In the event a dispute shall arise between the parties to this agreement, it is hereby agreed that the dispute shall be resolved by binding arbitration. The arbitrator's decision shall be final and legally binding and judgment may be entered thereon.

Each party shall be responsible for its share of the arbitration fees in accordance with the applicable Rules of Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award.

Acknowledgment:

These terms together with the scope of work and fee schedule (to be sent to you after discussion) sets forth the entire agreement and understanding between the parties relating to the subject matter and supersedes all prior discussions or writings between the parties

Rates:

Rates are subject to change as per market conditions and inflation, and may increase annually. Proper notice will be given prior to any price changes come into effect. Blocks of hours expire within 30 days - 1 year unless otherwise specified in the agreement.