Terms & conditions
- Terms & conditions
Agreement to our legal terms
We are Kumpenny Solutions and our website is https://www.kumpenny.com/
The following terms and conditions constitute the legally binding agreement between the Client and Kumpenny Solutions regarding the use of the website and its services. Before accessing the services you must have read, understood and agreed to all the legal terms mentioned here, as they form the basis of your contract with Kumpenny Solutions.
Note: Client means the individual or entity that contracts with Kumpenny Solutions. Work means the project assigned to Kumpenny Solutions.
1 - General
1.1 These general Terms and Conditions apply to all legal connections between Kumpenny Solutions and the Client, and succeed any Terms and Conditions referred to, offered or relied on by the Client, unless Kumpenny Solutions specifically approves the application of such terms in writing.
1.2 I hereby authorize and give consent to Kumpenny Solutions to send me, either through itself or through any third-party service provider, from time to time various information regarding services to my registered number, whether or not these numbers are registered with the National Do Not Call Registry / listed in the National Customer Preference Register.
2 - Quotations, Conclusion of Contracts by Kumpenny Solutions
2.1 Quotations and estimates issued by Kumpenny Solutions are free of obligation. Kumpenny Solutions reserves the right to alter or remove parts of the Terms at any time.
2.2 Kumpenny Solutions may cancel the quoted prices or terms of delivery if it has not had the opportunity to assess the entire project before issuing the quotation. The Client's oral or written acceptance of the quotation submitted by Kumpenny Solutions or, if no quotation was submitted, written confirmation by Kumpenny Solutions of an order placed by the Client shall constitute a contract.
2.3 Kumpenny Solutions may consider, Client as any person or entity that has placed an order with Kumpenny Solutions unless said person or entity has explicitly stated that they are acting on behalf and at the expense of a third party, whose name and address they shall provide Kumpenny Solutions on placing the order.
2.4 Agreements and promises made with representatives or personnel of Kumpenny Solutions shall not be binding unless confirmed in writing by Kumpenny Solutions.
2.5 Any reasonable doubt on the part of Kumpenny Solutions regarding the ability of the Client to pay shall entitle Kumpenny Solutions to require adequate security from the Client before executing the order.
3 - Termination of Orders By Kumpenny Solutions
3.1 Any substantial changes made by the Client to the Order after the termination of the Contract shall entitle Kumpenny Solutions either to modify the quoted price and/or term of delivery or to refuse to execute the order. In the latter case, the Client shall pay for the work already done.
3.2 Cancellation of an order by the Client shall entitle Kumpenny Solutions to claim compensation for any work already performed for that order as well as compensation for hours spent on research for the remainder of the order. Kumpenny Solutions shall make the work performed available to the Client at the latter's request, but will not accept any responsibility for its quality.
3.3 If Kumpenny Solutions 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.
4 - Execution of Orders, Confidentiality by Kumpenny Solutions
4.1 Kumpenny Solutions undertakes to fulfil the orders to the best of its ability, bringing in sufficient professional knowledge to meet the objective stated by the Client.
4.2 Kumpenny Solutions shall treat any information provided by the Client with the utmost confidentiality and shall expect its employees to do the same. However, Kumpenny Solutions shall not be liable for breaches of confidentiality by its employees if it can adequately demonstrate that it was unable to prevent it.
4.3 Unless explicitly agreed otherwise, Kumpenny Solutions shall be entitled to appoint others to execute the order (in full or in part), without prejudice to Kumpenny Solutions’s responsibility for the confidential treatment and proper execution thereof. Kumpenny Solutions shall require any third party involved in the execution of an order to keep confidential anything they may learn in the course of their duties.
4.4 The Client shall, as far as possible, honour any request by Kumpenny Solutions for information regarding the requirement of the Project, as well as requests for a list of reference documents and conditions, if available. Such information and documentation shall be sent at the expense and risk of the Client.
5 - Term And Date of Delivery by Kumpenny Solutions
5.1 Delivery dates are provisional unless otherwise stipulated in the express written agreement. Kumpenny Solutions will notify the Client immediately if it believes that it will be unable to meet the agreed delivery date.
5.2 If a fixed delivery date is specifically provided for in writing and Kumpenny Solutions fails to meet it for reasons other than matters beyond its control, and if the Client cannot reasonably be expected to tolerate any delay, the Client shall be entitled to cancel the contract. However, in such cases, Kumpenny Solutions shall not be liable to pay any damages whatsoever.
5.3 Once the Kumpenny Solutions sends the work to its client via post, fax, telex, courier, modem, Internet, etc, the delivery shall be deemed to have taken place and the Kumpenny Solutions is not liable if it does not reach on time.
5.4 Data sent by electronic mail shall be deemed delivered as soon as the transmission of the message has been confirmed by the medium.
5.5 The Client shall assist Kumpenny Solutions in executing the order by doing anything reasonably necessary or conducive to its timely execution Of the order.
5.6 The Client shall do everything in its power to facilitate the delivery of the service produced by Kumpenny Solutions under the contract. Any refusal to accept Kumpenny Solutions's service shall constitute a default on the part of the Client, and the provisions of Sub-Clause 6.5 shall apply accordingly, even if no express request for acceptance has been made.
6 – Prices, Payment and Refund by Kumpenny Solutions
6.1 The prices quoted shall apply only to the services as per the agreed specifications.
6.2 Kumpenny Solutions is forced to perform more work as a result of very difficult or unclear specifications, for example, or as a result of working with defective files or computer programs supplied by the Client, or is forced to incur costs above those reasonably anticipated after the Contract, Kompanie Solutions shall be entitled to increase the agreed price. This is not the entire list of examples.
6.3 Payment for services supplied under the contract are due before the commencement of work or, if agreed by Kumpenny Solutions, in staged payments for bulk material (or within any other term fixed by Kumpenny Solutions in writing). Payment will be given in full amount - without any waiver, set-off, or suspension. The payment will be made in the currency of the invoice. If the payment is not being made until the due date, the client shall be in default - immediately and without any notice of default - as well as statutory interest on the invoice amount from the due date till full settlement.
6.4 In case of rejection from USCIS or any other agency/university, Kumpenny Solutions will refund 100% of the money to the client. The refund of the fees is subject to be given in writing by the concerned agencies or the University.
7- Complaints and Disputes by Kumpenny Solutions
7.1 If the Client has any complaints regarding the service supplied by Kumpenny Solutions, it shall submit them in writing as soon as possible, but not later than 10 days after receiving the said service. Filing of a complaint shall not absolve the Client from the obligation to make payment.
7.2 If no complaints are made within the period specified in subclause 9.1 above, the service shall be deemed to have been fully accepted, and Kumpenny Solutions shall only act on complaints if it seems fit to do so. Kumpenny Solutions's changing any part of the project including text translated or edited at the Client's request shall in no way constitute an acknowledgement on the part of Kumpenny Solutions of having supplied a substandard service.
7.3 In the case of a valid complaint, Kumpenny Solutions will be given a reasonable time to repair or replace the service. If Kumpenny Solutions cannot be reasonably expected to make the necessary repairs or replacements, it may grant the Client a discount.
7.4 The Client's right to complain shall cease if the Client himself has edited or hired others to edit the portion of the service concerned in the complaint, whether or not he subsequently provided the service to a third party.
8 - Liability, Indemnity by Kumpenny Solutions
8.1 Kumpenny Solutions shall not be liable for any damages in connection with any inconsistency or ambiguity in the Service provided. Under no circumstances shall Kumpenny Solutions be liable forany other damages, such as consequential damage, loss of profits or damages caused by the delays. Kumpenny Solutions's liability shall never exceed the invoice amount of the project in question.
8.2 Ambiguity of the content provided by the client shall release Kumpenny Solutions from any liability whatsoever.
8.3 The determination that the use of any Project (including the text to be translated/edited or translated/edited versions thereof) carries any risk of injury or loss due to injury shall be entirely at the expense and risk of the Customer created by Kumpenny Solutions.
8.4 No liability whatsoever shall be incurred by Kumpenny Solutions in respect of damage to or loss of documents, data or data carriers provided by the Client to facilitate the contract's execution. Nor shall any liability be incurred by Kumpenny Solutions in respect of costs and/or damage incurred as a result of (a) the use of information technology and telecommunications media, (b) the transport or transmission of the data or data carrier, or (c) the presence of any virus in any file or data supplied by Company Solutions.
8.5 The liability of Kumpenny Solutions shall at no time exceed the value of the Quotation per Event.
8.6 The Customer shall indemnify Kumpenny Solutions against any third-party claims arising out of the use of the Service, excluding any liability incurred by Kumpenny Solutions under this clause.
9 - Cancellation & Force Majeure by Kumpenny Solutions
9.1 Any failure on the part of the Client to meet its obligations, including bankruptcy, suspension or liquidation in respect of the Client's company, etc.; shall entitle Kumpenny Solutions to either cancel the contract or suspend its execution (in part or in full) without claiming damages on the part of the Client. In such cases, Kumpenny Solutions shall also be entitled to demand immediate payment.
9.2 If Kumpenny Solutions is unable to perform its duty due to unavoidable situations, it shall be entitled to cancel the contract without concern to pay for the damages. Such circumstances include, but are not limited to: fire, accidents, illness, strikes, riots, war, transportation restrictions and delays, government measures, disruption of Internet providers' services, and other instances of force majeure.
9.3 If Kumpenny Solutions is forced to discontinue the execution of the Contract due to Force Majeure, the Client shall still be liable to pay for any work performed up to that moment as well as any costs and expenses incurred.
10 - Copyright
10.1 Barring explicit, written agreement to the contrary, the copyright to any work or material produced by Kumpenny Solutions shall remain with it.
10.2 The Client shall indemnify Kumpenny Solutions against any claims by third parties in respect of alleged infringement of property rights, patent rights, copyrights or other intellectual property rights relating to the performance of the Agreement.
11 - Governing Law
11.1 Legal disputes if any are subject to the jurisdiction of Mumbai, India only.