Terms of Service
By engaging with Onegaii, you expressly agree to the following standard terms and conditions:
Onegaii services are provided to the best of our ability and based on the consultant's personal experience, information, facts and issues you provide. Any opinion, statement, recommendation or anything whatsoever shall not form a guarantee.
"Services" means anything we do on your behalf in accordance with this agreement.
"Consumer" means anyone purchasing not in the course of a business. This agreement is not intended to affect a client's statutory rights.
3. SUPPLY OF SERVICES
(1) Whilst we will use our reasonable endeavors to supply the services, we shall not be responsible for any failure to provide services or any unavailability. In addition we make no warranty again electronic virus, worms or any other any other defect or problems which may occur. We will not be responsible for any loss or damage whatsoever caused resulting from a failure to provide or where a virus or defect occurs.
(2) During the provision of the Onegaii services we may make recommendations for other suppliers and this doesn't form any endorsement or guarantee as to supply of either services or products.
4. NO WARRANTY
You hereby agree that the Onegaii 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 Onegaii relies on sources that we believe to be reliable, we cannot rule out errors in judgment or application. Onegaii is not responsible for any investment or other decisions of the client going wrong, based on exclusive usage of Onegaii's research report. The reports are meant for general guidance of the client and not specific recommendations. Onegaii 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, Onegaii does not provide any warranty against infringement or of title or quiet enjoyment.
5. ABIDE BY TERMS
By making use of our organization and its services you will be deemed to be aged 18 or over and that you have read and understood this agreement and agree to be bound by its terms and conditions. Where you are entering into an agreement on behalf of an organization you confirm that you have the legal right to do so.
6. PRICES AND PAYMENT
(1) Payment for all services must be made in full, within 5 days of the date of any invoice supplied.
(2) If you do not pay or there are any problems with your chosen method of payment then once you have ordered services you are still responsible for payment. If we do not receive payment then we will charge you 15% compound interest per annum until we receive full cleared payment.
(3) Where payment is a part of staged payments, then late or non-payment will automatically mean that all work will stop until such time that full payment (including any accrued or extra payment) is made. No refunds will be made.
7. CANCELLATION AND REFUND POLICY
Once you cancel you won't be charged again, but you are responsible for whatever charges have already been incurred for the current billing period. For example, if your billing cycle is on the 10th of every month, and you cancel on the 19th, you'll still have to pay for the current month, but you won't be charged again after that. There is no refund on non-usage of plan hours. In order to treat everyone equally, no exceptions will be made.
8. PAYMENT & PASSING OF RIGHTS
The property in the services (including intellectual property of information, documents and data which we have agreed that you will own at the proper termination of the contract), will not pass to you until we have received full payment for all the services supplied by us. This means that we will have a lien over the data and installation. If you have not paid the invoice in full within 2 months from the date of the invoice you agree that you will forfeit your rights to the information, documents and data.
9. RESPONSIBILITY AND MISUSE
(1) You agree that you will solely be responsible for your use of any services provided to you and that you will use the service legally and only for the purposes that it is intended to be used for.
(2) Furthermore you agree that you will not misuse the services supplied and that you will abide by any laws applicable to this agreement or the operation of it.
(3) You specifically agree that we have no liability and furthermore you will indemnify us for any loss resulting in any breach of this clause.
For the period of this Agreement and three years after termination or completion, you agree that you will not (through yourself, 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 Onegaii employee(including former employees), contractors or the employee's referrals to terminate their employment 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.
11. TIME ESTIMATE
We will use all our reasonable endeavors to complete any supply or services within any time estimate that we give. However, we will not be liable for any loss of damage suffered because of any unavoidable or reasonable delay in completion, including third party involvement and your failure to deliver items such as documents or information. We will keep you informed about any delay.
Both of us agree that aspects of this contract are confidential, including information obtained about each other, the organizations etc.
From time to time we use information about our existing clients as part of marketing campaigns. Your information will not be used in this way without your express agreement.
Each clause or any part at all of this agreement is to be regarded as independent of the others. This means that should any clause or any part at all of this agreement be found to be unenforceable or invalid it will not affect the enforceability or validity of the rest of this agreement.
These Terms & Conditions shall be interpreted construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the courts in the state of California, United States of America.
Last updated: December 1, 2011