These Terms and Conditions (hereinafter, “T&C”) govern the contractual relationship between Epinova Group, a Guatemalan entity with Tax ID (NIT) [NIT] and registered address at [Address, Guatemala City, Guatemala] (hereinafter, “Epinova” or “the Company”), and the natural or legal person who contracts its services (hereinafter, the “Client”). By contracting any Epinova service, the Client declares having read, understood, and fully accepted these T&C.
1. Nature of service.
Epinova provides academic and methodological advising services under the work-for-hire regime established in Article 10 of Decree 33-98 of the Congress of the Republic of Guatemala (Copyright and Related Rights Law). Services include, by way of example and without limitation: academic tutoring, style and format review, drafting of reference model materials, statistical and methodological analysis, training in academic writing, and guidance on the use of APA, Vancouver, Chicago, and ISO 690 norms. Epinova does NOT provide services for the presentation of work in the Client's name, academic defense, impersonation, or any other activity constituting academic falsification or fraud, all of which are expressly excluded from the contractual object.
2. Acceptance and legal capacity.
By contracting the services, the Client declares: (i) being of legal age and having full civil capacity under Article 8 of the Civil Code of Guatemala; (ii) holding sufficient legal authority to be bound by this contract; (iii) that the information provided to Epinova is true, complete, and up-to-date; and (iv) that they have read, understood, and fully accepted these T&C and the Privacy Policy. If the Client acts on behalf of a legal entity or institution, they expressly declare having sufficient authority to do so.
3. Intellectual property and license to use.
All material produced by Epinova in performance of this contract (hereinafter, the “Material”) is Epinova's intellectual property, which retains patrimonial ownership over it under Articles 10 and 72 of Decree 33-98. Epinova grants the Client a non-exclusive, non-transferable, non-sublicensable license, strictly limited to using the Material as personal reference for study and learning. Any other form of use, reproduction, distribution, public communication, or transformation of the Material is expressly forbidden. The Client is NOT authorized to present the Material, in whole or in part, as their own work before any academic, scientific, professional, or other institution. The moral right of authorship, under Article 19 of Decree 33-98, is inalienable and non-waivable. Use of the Material in breach of this clause may give rise to legal actions by Epinova, including civil claims for contractual breach and, where applicable, criminal complaints for improper use of copyright.
4. Client responsibility and academic integrity.
The Client is the sole and exclusive responsible party for compliance with academic integrity rules, disciplinary regulations, honor codes, and other internal rules of their academic institution, as well as for the final use of the Material. Epinova does not guarantee: (i) the grade or approval given by any instructor, advisor, committee, or academic authority; (ii) the outcome of any similarity detection tool (Turnitin, Compilatio, Plagscan, or others), which are indicative and not determinative; (iii) the undetectability of the Material by current or future anti-plagiarism systems; (iv) the recognition or validity of the Material by the Client's academic institution. The Client releases Epinova from all liability for consequences arising from improper use of the Material or breach of their institution's internal rules.
5. Limitation of liability.
Epinova's total aggregate liability to the Client, for any cause related to this contract, is limited to the amount actually paid by the Client for the specific service that gave rise to the claim. Expressly excluded are: indirect damages, consequential damages, loss of profits, loss of opportunity, moral damages, reputational damages, and any other non-patrimonial damage or one not directly attributable to Epinova. This limitation applies regardless of the legal theory invoked (contractual liability, tort liability, or otherwise).
6. Payments, timelines, and refunds.
Fees are agreed in writing in the signed proposal and paid according to the schedule established therein, typically 50% on start, 30% on draft delivery, and 20% on close. Epinova will issue an electronic invoice (FEL) for each payment, in accordance with the regulations of the Tax Administration Superintendency (SAT). Refunds proceed only for objective written causes (breach of the agreed scope solely attributable to Epinova) and only for the amount corresponding to deliverables not yet produced at the time of the claim. Refund requests must be submitted in writing to Epinova within seven (7) calendar days following the event giving rise to the request. Unilateral cancellations by the Client do not entitle a refund for work already produced or in production at the time of cancellation.
7. Timelines and extensions.
Delivery deadlines are set in the signed proposal and are subject to the Client's timely provision of inputs, data, decisions, and approvals required by Epinova for performance of the work. Any Client delay in providing such inputs will automatically suspend deadlines by the same number of days as the delay. Justified extensions (force majeure, fortuitous events, delays attributable to the Client or their university advisor) do not constitute Epinova's breach.
8. Confidentiality.
The parties mutually undertake to keep confidential all information exchanged under this contract. Epinova will not disclose the Client's identity, university, research topic, or Material content to third parties, except: (i) requirement by competent judicial authority; (ii) express, prior, written consent from the Client; or (iii) need for Epinova's legal defense against a claim by the Client themselves. The confidentiality obligation survives for five (5) years after contract termination.
9. Personal data processing.
The processing of the Client's personal data is governed by Epinova's Privacy Policy, available at https://epinovagroup.com/en/privacy, which forms an integral part of these T&C. Acceptance of these T&C implies the Client's express consent to the processing of their personal data under said Policy and the provisions of Decree 57-2008 (Public Information Access Law) and the habeas data doctrine developed by the Constitutional Court of Guatemala.
10. Modifications to the T&C.
Epinova may modify these T&C at any time. Modifications will apply only to engagements signed after publication and will be notified by email to the Client at least fifteen (15) calendar days before their effective date. Engagements in progress will be governed by the version of the T&C accepted at signature.
11. Jurisdiction and applicable law.
These T&C are governed by the laws of the Republic of Guatemala. The parties agree to submit any dispute arising from this contract, in the first instance, to a mandatory good-faith preliminary conciliation procedure for a period of no less than thirty (30) calendar days. If conciliation fails, disputes exceeding twenty-five thousand quetzales (Q25,000.00) will be submitted to arbitration administered under the rules of the Arbitration and Conciliation Center of the Guatemala Chamber of Commerce (CENAC) or, alternatively, the Conflict Resolution Center of the Guatemala Chamber of Industry (CRECIG), at the claimant's election. Smaller disputes will be submitted to the competent courts of Guatemala City, with express waiver of any other jurisdiction that may correspond.
12. Severability clause.
If any provision of these T&C is declared invalid, illegal, or unenforceable by a competent authority, such provision will be considered severable and the remaining provisions will retain full force and effect. The parties undertake to replace the invalid provision with a valid one that reflects, to the greatest extent possible, the original intent.