Oasis China Visa Services Standard Commercial Terms and Conditions for the Provision of Services

Please review these Terms of Service (the “Terms”) carefully. Wherever used in these Terms, “you”, “your”, “Applicant”, and similar terms mean the person or legal entity using or accessing the Services.
By submitting any application materials or otherwise purchasing, accessing, or using the Services offered by Oasis International Travel Corp d/b/a Oasis Chinese Visa Services, a District of Columbia corporation (”Company,” “we,” or “us”), you are confirming that you have read, understand, and accept these Terms. These Terms can be updated from time to time. You are responsible for regularly reviewing the most current version of these Terms, which is published at: www.oasischinavisa.com/terms-of-service/.
1. Applicability.
These Terms are entered into by and between You and the Company. These Terms govern your access to and use of OasisChinaVisa.com, including any content, functionality, and services offered on or through OasisChinaVisa.com (the “Website”). These Terms, along with our Privacy Policy, are the only terms that govern the sale or provision of any services by the Company to You.

(a) These Terms comprise the entire agreement between the parties and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. The provision of Services is expressly conditioned upon Applicant’s acceptance of these Terms.

(b) Notwithstanding anything to the contrary contained in these Terms, we may, from time to time change these Terms without the consent of the Applicant provided that such changes do not materially affect the nature or scope of the Services, Service Fees or the Processing Period.
2. Company’s Obligation. The Company shall provide services to the Applicant relating to the completion and submission of a visa application (the “Visa Application”) to the People’s Republic of China Embassy or Consulate (the “Consulate”) to obtain a visa (the “Visa”), as more particularly described on the Website under Services & Fees (the “Services”).

3. Performance and Timing of Services.

(a) Provision of Services. To retain our services, you must first go to our Website, you must visit the China Ministry of Foreign affair’s website, cova.mfa.gov.cn, and fill out the China Online Visa Application Form (COVA) to the best of your ability. You must then email us the support documents provided on the website. We will then review the digital version of the application materials to determine whether we are able to provide the Services to assist you in submitting a Visa Application to the Consulate.

(b) If the Company chooses to provide the Services to you, you shall pay the Service Fees to the Company in accordance with Section 8 of these Terms. Upon receipt of the Service Fees payment, the Company will send you a confirmation number (“Confirmation Email”) to your email and begin providing the Services. You can track and monitor the process status by inquiring via email or by calling customer service.
(b) The total processing time to obtain a Visa shall include the time for the Company to provide the Services to prepare the Visa Application and the time for the Consulate to process your Visa and return via shipping (the “Processing Period”). The Consulate typically requires four to five (4-5) business days to assess and process a Visa and two to three (2-3) business days to assess and process a Visa on an expedited basis. However, certain Applicants may undergo a lengthier evaluation process due to various factors, including, but not limited to, an Applicant’s occupation, employer, legal history, and country of origin. The time required to assess and process a Visa is solely up to the Consulate’s discretion.

(c) The Company shall use reasonable efforts to provide the Services in a timely manner and in accordance with this Section. However, all dates and time periods provided for in this Section shall be considered estimates only and some applications may require a longer processing time.
4. Applicant’s Obligations.

Applicant shall:
(a) Cooperate with the Company in all matters relating to the Services;

(b) Respond promptly to any Company request to provide direction, information, approvals, authorizations, or decisions that are reasonably necessary for the Company to perform Services in accordance with the requirements of these Terms; and

(c) Provide such Applicant materials or information as the Company may reasonably request to carry out the Services in a timely manner, including, but not limited to, the type of Visa for which you wish to apply and the supporting documents necessary for you to prepare and submit your Visa Application, and ensure that such Applicant materials or information are complete and accurate in all material respects.
5. Content and Third-Party Services.
(a) Content. We are not responsible for all information or data in any format that is provided during the course of providing our Services by others (“Content”), including Content from third-party services (such as Content from the Consulate or any third-party carriers (the “Third-Party Services”)). You and anyone else who accesses our Services may access Content that might be unlawful, offensive, harmful, inaccurate or otherwise inappropriate. We will not be liable to you or any third party for Content provided by others.

(b) Third Party Services. If you purchase a Third-Party Service, you do so at your own risk. Your relationship with the Third-Party Service provider is an agreement between you and them. If you enable a Third-Party Service, you grant them permission to access or otherwise process your data as required for the operation of the Third-Party Services. We will not be liable for disclosure, use, changes to, or deletion of your data or for losses or damages you may suffer from access to your data by a Third-Party Service. WE MAKE NO REPRESENTATION AND WILL HAVE NO LIABILITY OR OBLIGATION WHATSOEVER IN RELATION TO THE CONTENT OR USE OF, OR CORRESPONDENCE, AGREEMENTS OR TRANSACTIONS WITH, ANY THIRD-PARTY SERVICES. YOU MUST COMPLY WITH ALL AGREEMENTS AND OTHER LEGAL REQUIREMENTS THAT APPLY TO THIRD-PARTY SERVICES.
6. Applicant’s or Third-Party Acts or Omissions. If the Company’s performance of its obligations under these Terms is prevented or delayed by any act or omission by you or any Third-Party Service, the Company shall not be deemed in breach of its obligations under these Terms or otherwise liable for any costs, charges, or losses sustained or incurred by you, in each case, to the extent arising directly or indirectly from such provision or delay.

7. Change Orders.
(a) If either party wishes to change the scope or performance of the Services, it shall submit details of the requested change to the other party in writing. The Company shall, within reasonable time after such request, provide a written estimate to you of:

(i) The likely time required to implement the change;

(ii) Any necessary variations to the fees and other charges for the Services arising from the change;

(iii) The likely effect of the change on the Services; and

(iv) Any other impact the change might have on the performance of these Terms.

(b) Promptly after receipt of the written estimate, the parties shall negotiate and agree in writing on the terms of such change (a “Change Order”). Neither party shall be bound by any Change Order unless mutually agreed upon in writing in accordance with Section 7.

(c) Notwithstanding Section 7(a) and Section 7(b), the Company may, from time to time change the Services without your consent provided that such changes do not materially affect the nature or scope of the Services, Service Fees or processing time.
8. Fees and Expenses; Payment Terms.
(a) Fees. In consideration of the provision of the Services by the Company and the rights granted to Applicant under these Terms, you shall pay the fees set forth as follows:

(i) Prior to the provision of Services, you shall pay the service fees as provided for under Services and Fees on the Website (the “Service Fees”);
(ii) You shall pay the Visa Application fee to the Consulate (the “Visa Application Fee”);
(iii) You agree to reimburse the Company for all reasonable out-of-pocket expenses incurred by the Company in connection with the performance of the Services; and
(iv) You shall be responsible for all shipping and handling fees paid to any third-party couriers (“Shipping and Handling Fees”)
(b) Payment Terms. You are required to pay one hundred percent (100%) of the Service Fees by the Company’s approved payment methods before the Company is required to begin providing the Services. Failure to pay the Service Fees in full in advance relieves the Company of any duty to begin performance of the Services. But if the Company nevertheless chooses in its sole discretion to begin performance before receiving the Service Fees, you remain responsible for the full payment of the Service Fees to the Company.

(c) Refund or Cancellation.
(i) Refunds.
(A) In the event that your Visa Application is rejected by the Consulate, you are solely entitled to a refund of the Visa Application Fee. The Company shall not refund the Service Fees and Shipping and Handling Fees, or the reasonable out-of-pocket expenses incurred by the Company and reimbursed by you, in accordance with Section 8(a).
(B) In the event you paid for a longer term or higher grade visa but were granted a shorter term or lower grade visa, the Company shall only refund the difference in the cost of the Visa Application Fees.
(ii) Cancellations. You may cancel your Visa Application by providing written notice to the Company prior to the submission of the Visa Application to the Consulate. If you cancel your Visa Application in accordance with this Section 8(c)(ii), you are solely entitled to a refund of the Visa Application Fee. The Company shall not refund the Shipping and Handling Fees or the Service Fees collected for the provision of Services, or the reasonable out-of-pocket expenses incurred by the Company and reimbursed by you, in accordance with Section 8(a).
(iii) Credit Card Cancellation Fees. In the event you make a payment for the Service Fees using a credit card and cancel the Visa Application in accordance with Section 8(c)(iii), a six percent (6%) processing fee will be charged to the card holder.
9. Taxes. You shall be responsible for paying all taxes, assessments, charges, fees, and levies that may be levied on or applicable to the sale or license of goods or services, as the case may be, including all sales, use, goods and services, value added, and excise taxes, customs duties, and assessments, together with any instalments and any interest, fines, and penalties with respect thereto, imposed by any governmental authority, including federal, state, provincial, municipal, and foreign governmental authorities (collectively, “Taxes”) associated with your Visa Application, which for clarity does not include any taxes based on the Company’s income. If we have the legal obligation to pay or collect Taxes for which you are responsible under this Section 9, the appropriate amount will be invoiced to and paid by you, unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority. All payments by or on account of the compensation payable under these Terms will be made free and clear of and without deduction or withholding for any Taxes. If you are required to deduct or withhold any Taxes from such payments, then the sum payable will be increased as necessary so that, after making all required deductions and withholdings, we receive an amount equal to the sum we would have received had no such deduction or withholding been made.

10. Intellectual Property; Acceptable Use.

(a) Deliverables. All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names, and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, “Intellectual Property Rights”) in and to all documents, work product, and other materials that are delivered to Applicant under these Terms or prepared by or on behalf of the Company in the course of performing the Services (the “Deliverables”) except for any Confidential Information of Applicant or Applicant materials shall be owned by the Company. The Company hereby grants to you a license to use all Deliverables free of additional charge and on a non-exclusive, worldwide, non-transferable, non-sublicensable, fully paid-up, royalty-free, and perpetual basis to the extent necessary to enable you to make reasonable use of the Services.
(b) Website. The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website.
(c) Trademarks. Company names, trademarks, logos, service names, or slogans displayed on the Website are registered and/or common law trademarks of the Company or its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company or the applicable trademark holder. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of the Company and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company. All other trademarks, registered trademarks, product names, and company names or logos mentioned in or on the Website are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by the Company.
(d) Prohibited Uses. You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:
(i) In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
(ii) For the purpose of exploiting, harming, or attempting to exploit or harm any person in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
(iii) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
(iv) To impersonate or attempt to impersonate the Company, a Company employee, another user or Applicant, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
(v) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
(vi) Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
(vii) Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
(viii) Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
(ix) Use any device, software, or routine that interferes with the proper working of the Website.
(x) Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
(xi) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
(xii) Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
(xiii) Otherwise attempt to interfere with the proper working of the Website.

11. Confidential Information. You and the Company may exchange confidential information (“Confidential Information”) while completing and submitting Your Visa Application. The Company’s Confidential Information may include non-public information about our pricing, personnel, or partnerships, our security and data protection documentation, or other non-public information we identify as confidential. Your Confidential Information may include non-public information about you including your name, postal address, email address, telephone number, date of birth, passport information, or any other categories of personal information by which you may be identified, and which are necessary to properly complete the Visa Application. When either you or we (the “Recipient”) receive Confidential Information from the other (the “Discloser”), the recipient will use the same degree of care that it uses to protect the confidentiality of its own Confidential Information of like kind (but in no event less than reasonable care) and will not disclose or use any Confidential Information of the discloser for any purpose outside of the scope of these Terms. Information will not be considered Confidential Information if (i) it was lawfully in the recipient’s possession before receiving it from the discloser; (ii) it is provided in good faith to the recipient by a third party without breaching any rights of the discloser or any other party; (iii) it is or becomes generally available to, or accessible by, the public through no fault of the recipient; or (iv) it was or is independently developed by the recipient without reference to the discloser’s Confidential Information. In the event that the recipient or any representative of the recipient becomes legally compelled (by law, rule, regulation, subpoena, or similar court process) to disclose any of the Confidential Information, the recipient will (if permitted to do so) provide the discloser with notice of such circumstances and will limit such disclosure to the required disclosure.

12. Data Security. We implement appropriate security measures to protect the information we collect. However, no method of data transmission or storage is completely secure. We strive to use commercially acceptable means to protect your information but cannot guarantee its absolute security. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide. Please review our Privacy Policy at: https://www.oasischinavisa.com/privacy-policy/, for more information on how we collect and use data.

13. Representation and Warranty.
(a) The Company represents and warrants to you that it shall perform the Services using personnel of required skill, experience, and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services and shall devote adequate resources to meet its obligations under these Terms.

(b) The Company shall not be liable for a breach of the warranty set forth in Section 13(a) unless you give written notice of the defective Services, reasonably described, to the Company within two (2) days of the time when Applicant discovers or ought to have discovered that the Services were defective.

(c) Subject to Section 13(b), the Company shall, in its sole discretion, either:

(i) Re-perform such Services (or the defective part); or

(ii) Credit or refund the price of such Service Fee.

(d) THE REMEDIES SET FORTH IN SECTION 13(c) SHALL BE THE APPLICANT’S SOLE AND EXCLUSIVE REMEDY AND THE COMPANY’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN SECTION 12(b).
14. Disclaimer of Warranties. EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE OFFER OUR SERVICES AND THE WEBSITE “AS IS” AND ARE NOT MAKING, AND TO THE GREATEST EXTENT PERMITTED BY LAW EXPRESSLY DISCLAIM, ANY WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ALL EXPRESS OR IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, AND/OR NON-INFRINGEMENT, THAT OUR SERVICES OR THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT OUR SERVICES OR THE WEBSITE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE. USE OUR SERVICES AT YOUR OWN RISK. FURTHER, COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THE WEBSITE, ITS SERVERS, OR ANY EMAIL OR COMMUNICATION SENT FROM THE COMPANY, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY THIRD-PARTY SERVICES, INCLUDING THE FAILURE OF ANY SUCH THIRD-PARTY SERVICES, OR ACTIVITIES OF THIRD PARTIES.
WE ARE NOT RESPONSIBLE FOR AND WILL NOT BE LIABLE FOR THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING APPLICANT INFORMATION AND ANY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. COMPANY DOES NOT CONTROL OR VET CONTENT AND IS NOT RESPONSIBLE FOR ANYTHING POSTED, TRANSMITTED, OR SHARED ON OR THROUGH THE SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THESE TERMS.

15. Limitation of Liability.
(a) IN NO EVENT SHALL THE COMPANY BE LIABLE TO APPLICANT OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

(b) IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO THE COMPANY FOR THE SERVICES SOLD HEREUNDER.
16. Termination. In addition to any remedies that may be provided under these Terms, the Company may terminate these Terms with immediate effect upon written notice to you, if you:
(a) fail to pay any amount when due under these Terms; or

(b) have not otherwise performed or complied with any of these Terms, in whole or in part.
17. Waiver. No waiver by the Company of any of the provisions of these Terms is effective unless explicitly set forth in writing and signed by the Company. No failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from these Terms operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

18. Force Majeure. No party shall be liable or responsible to the other party, or be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms (except for any obligations of Applicant to make payments to the Company hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (i) acts of God; (ii) storm, ice, flood, fire, earthquake, or explosion; (iii) act of war, insurrection, invasion, hostilities (whether war is declared or not), armed encounter, police or military action, terrorist activities or threats, conflict between or among combatants or other hostile environment or acts, riot or other civil unrest; (iv) government order, law, or actions; (v) embargoes or blockades in effect on or after the date of these Terms; and (vi) national or regional emergency; and (vii) strikes, labor stoppages or slowdowns, or other industrial disturbances; (viii) shortage of adequate power or transportation facilities and (ix) failure of suppliers of materials and (x) other events beyond the reasonable control of the Impacted Party. The Impacted Party shall give notice within ten (10) days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. If the Impacted Party’s failure or delay remains uncured for a period of thirty (30) days following written notice given by it under this Section, the other party may thereafter terminate these Terms upon ten (10) days’ written notice.

19. Assignment. You shall not assign any of your rights or delegate any of your obligations under these Terms without the prior written consent of the Company. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves Applicant of any of its obligations under these Terms.

20. Relationship of the Parties. The relationship between the parties is that of independent contractors. Nothing contained in these Terms shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.

21. Governing Law. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the District of Columbia without giving effect to any choice or conflict of law provision or rule (whether of the District of Columbia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the District of Columbia.

22. Submission to Jurisdiction. Any legal suit, action, or proceeding arising out of or relating to these Terms shall be instituted in the federal courts of the United States of America or the courts of the District of Columbia in each case located in the District of Columbia, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.

23. Notices. All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a “Notice”) shall be in writing and addressed to the parties at an address designated by the receiving party in writing. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile (with confirmation of transmission) or email or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in these Terms, a Notice is effective only (a) upon receipt of the receiving party, and (b) if the party giving the Notice has complied with the requirements of this Section.

24. Severability. If any term or provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

25. Survival. Provisions of these Terms, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of these Terms including, but not limited to, the following provisions: Confidentiality, Governing Law, Submission to Jurisdiction, and Survival.

26. Amendment and Modification. These Terms may only be amended or modified in a writing which specifically states that it amends these Terms and is signed by an authorized representative of each party.