Terms & Condition

We at OmInfowave provide our clients with IT development as well as outsourcing services for the same. This comprises placement of remote contractors.

The Client chose OmInfowave or is willing to choose OmInfowave for the services it provides.

The services will be provided by OmInfowave to the Client according to the Terms and Conditions of this Service Agreement.

Service Agreement.
Definitions and Explanations for this Agreement

Schedule 1 provides Meaning and Definitions for this Service Agreement.

Agreement

The terms and conditions of the OmInfowave website provide the system of day to day activities like the request for service by the client, selecting or hiring OmInfowave employee or developer or any other person with the correspondence of OmInfowave and perform routine activities with respect to this contract.

The nature of this agreement does not form any type of employment between the Client and OmInfowave and is accepted by the Client and agreed.

The responsibility to choose the suitable OmInfowave employee or developer rests with the Client. The hiring is done for independent service providers on the basis of applicable local guidelines or as deemed fit by OmInfowave.

No authority is provided to any OmInfowave employee or developer to enter into the agreement or contract in any form on behalf of OmInfowave. The agreement does not create any type of partnership between the Client and OmInfowave or its Employee or its Developer.

Time Duration

This agreement is or will be applicable on monthly basis and will commence on the starting date as agreed upon mutually by OmInfowave and the Client. The agreement will continue until concluded in accordance with Clause 12.

Payment

The time for the payment to be made to OmInfowave is provided in Schedule 1 and as per the requisite terms and conditions mentioned on the OmInfowave website.

The provisions mentioned in the Schedule 1 are a part of and are applicable in this Agreement.

Liability Declaration

In case of any loss, damage, costs or compensation occurring direct or indirect to the Client, no liability shall be incurred by OmInfowave. Following cases are included but not limited to:

  • Any deferral in introduction of OmInfowave employees or developers by OmInfowave.
  • The event of non-acceptance of an offer or an assignment by OmInfowave or its employees and developers.
  • Related to the performance of a OmInfowave employee or developer.

Indemnity to OmInfowave.

With respect to the following events of loss or claims the Client has to pay indemnity to OmInfowave:

  • Any injury to a OmInfowave employee or developer while performing his/her duties for the Client.
  • Property damage while performance of duties by a OmInfowave employee or developer

Restrictions

The Client must pay 15,000.00 USD to OmInfowave and the same to the employee or developer who has been offered/hired by the Client directly.

When this agreement is terminated or over, no OmInfowave employee who is performing a project for the Client or has performed a project for the Client in the last 12 months can be offered any contract or agreement or permanent employment by the Client.

No Client of OmInfowave can offer any work or assignment to OmInfowave employee, friends, members, referrals or network without the prior consent and approval of OmInfowave.

No information exchange and communication regarding the pricing and payments between OmInfowave and its employees or developers shall be permitted.

Intellectual Property

All the material prepared by the OmInfowave employee and developer will be owned by the Client and Intellectual Property Rights for any such work shall confer with the Client.

Privacy

All parties agree and accept that personal information and any sensitive information will be handled according to the Privacy Laws.

Confidential Information

The only information which can be disclosed by the parties is that which is only required by the law.

Warranties

Both the parties represent and authorise the other party that:

There are no inquiries, actions, claims, events or actions pending or threatened against it or by it of which it is known to, and which may have a substantial effect on the subject substance of this agreement.

Termination

OmInfowave may immediately (or with effect from any later date it may seem fit) terminate if:

  • The Client breaches this agreement and does not remedy or solve such breach within 5 Business Days.
  • The Client becomes insolvent.

The Client may appoint the OmInfowave employee or developer on a trial basis. This is for a minimum of 1 hour and a maximum of 10 days. The Client can terminate the employee or developer at any time during this period.

Subject to the Client complying with the provisions mentioned in the Schedule 1, if the Client can terminate the full-time employees in the following manner:

  • For less than 6 months of his/her appointment, a notice period of 30 days is required.
  • For more than 6 months, a notice period of 60 days is required.

Upon Termination: The Client will return all the Confidential information back to OmInfowave.

Acceptance

The Client accepts the terms as set out within the terms and conditions of OmInfowave website

  • The Client making a Request of Services; or
  • The Client appointing OmInfowave to provide services to the Client; or
  • The Client selecting or hiring a OmInfowave employee or developer; or
  • The Client making a payment of any amounts listed within Schedule 1, including but not limited to set up fees, monthly fees and/or any payment of OmInfowave invoices (whichever is the earliest); or
  • The Client indicating its acceptance

Duty of Confidentiality

OmInfowave and the OmInfowave Employee acknowledge that while working for the client, they may have access to Confidential Information of The Client.

OmInfowave and the OmInfowave Employee undertake not to disclose, use this information to any third parties.

Schedule 1 – Fee Structure

Systematic Billing System

If the Client selects and appoints a OmInfowave employee or developer, the Client must use the Systematic Billing System

The Client must pay OmInfowave for the services in advance by using either of the following options:

  • Prepaid payments
  • Regular monthly payments
  • Credit Card Online Payment
  • Direct Debit of Credit Cards and Bank Accounts
  • Electronic Fund Transfer

Each payment is to be made in advance or on an agreed monthly date.

The Clients can make payments via Electronic Fund Transfer (EFT) into OmInfowave INR bank accounts.

If there are any overtime payments due, the amount of overtime is chargeable to the Client and will be included in the following month’s invoice.

The Client at any time may request a refund of the amount held within the 2-week refund processing period.

Insufficient Funds If:

  • The available balance falls below zero; or
  • The Client does not pay on time under the prepaid payment option and/or the regular monthly payment option, OmInfowave is entitled to suspend the services of the OmInfowave employee or developer for a period of 5 business days (Suspension Period)

During the suspension period, the Client must pay to OmInfowave any amount in arrears, else the agreement will be terminated.

Holidays

The OmInfowave employee or developer is entitled to request for leaves on public holidays of his or her location subject to the approval of OmInfowave as it seem fit.