Terms & Conditions | Omkar Enterprises | Investment Partnership Terms

CRITICAL LEGAL PROVISIONS

1. Lock-in Period & Minimum Tenure

All investment partnerships have a minimum lock-in period of 8 months from the date of agreement execution. During this period, partners cannot request withdrawal of principal amount. The partnership automatically renews for additional terms unless written notice is provided 90 days prior to maturity.

2. PDC Security Mechanism

Post-Dated Cheques (PDCs) provided as security cover ONLY the principal investment amount. These PDCs are held as security instruments and may only be presented in case of default in principal repayment at partnership maturity. PDCs do not guarantee monthly returns and are security instruments only for the principal amount.

3. No Guarantee of Market Performance

While monthly returns are fixed at 1% as per partnership agreement, partners acknowledge:

These are contractual returns under bilateral agreements
No guarantee of market performance or business outcomes
Returns are based on partnership terms, not market performance
Past performance is not indicative of future results

4. Jurisdiction & Dispute Resolution

Any disputes arising from this partnership agreement shall be subject to the exclusive jurisdiction of courts in Ulhasnagar, Maharashtra, India. Both parties expressly waive any objections to venue and consent to the jurisdiction of Ulhasnagar courts. Arbitration, if any, shall be conducted in Ulhasnagar under Indian Arbitration and Conciliation Act, 1996.

5. Acceptance of Terms

By entering into an investment partnership with Omkar Enterprises, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. These terms constitute a legally binding agreement between you (the "Investor/Partner") and Omkar Enterprises ("the Firm").

6. Partnership Agreement Structure

All partnerships are structured as Bilateral Loan Agreements under Indian Contract Act 1872 with specific terms:

 Investment Structure
1% fixed monthly returns payable on 1st of each month
Performance bonus distributed between 2nd-10th of each month
8-month minimum partnership tenure (lock-in period)
90-day notice period for principal withdrawal requests

7. Security Mechanism

We provide robust security measures for partner investments:

Post-Dated Cheques (PDC): Full principal amount secured by PDCs
Notarized Agreement: Legally binding bilateral agreement
Personal Guarantee: Personal guarantee from company directors
Legal Compliance: All agreements comply with Indian Contract Act 1872

8. Returns & Payouts

Clear and transparent return structure:

 Payout Schedule
Fixed Returns: 1% monthly, paid on 1st via NEFT/IMPS
Performance Bonus: Variable, based on business performance
Late Payments: 1.5% daily penalty (never invoked in our history)
Payment Methods: Bank transfer, UPI, or account payee cheque

9. Withdrawal Terms

Structured withdrawal process for partner convenience:

Lock-in Period: Minimum 8-month lock-in period
Notice Period: 90-day written notice required for withdrawal
Early Withdrawal: Returns recalculated at 0.75% for early exits
Principal Return: Principal returned via account payee cheque

10. Partner Responsibilities

Partners are expected to fulfill certain responsibilities:

Provide accurate KYC documentation (PAN, Aadhar, Address Proof)
Maintain valid bank account for monthly payouts
Update contact information promptly if changed
Notify changes in financial status or banking details
Review monthly statements and report discrepancies within 7 days

11. Dispute Resolution

Fair and transparent dispute resolution mechanism:

 Resolution Process
30-Day Amicable Resolution: Parties attempt amicable settlement
Mediation: Mediation by mutually agreed third party
Arbitration: Arbitration in Ulhasnagar jurisdiction if needed
Governing Law: Indian Contract Act 1872 and Partnership Act
Jurisdiction: Exclusive jurisdiction of Ulhasnagar courts

12. Risk Disclosure

Important risk factors to consider:

Market Risks: All investments carry market risks
No Guarantee: Past performance is not indicative of future results
Due Diligence: Partners should conduct their own due diligence
Principal Risk: While PDCs provide security, inherent investment risks exist
No Market Performance Guarantee: Returns are contractual, not market performance based

13. Documentation Requirements

Necessary documentation for partnership:

KYC Documents: PAN Card, Aadhar Card, Address Proof
Bank Details: Cancelled cheque or bank statement
Agreement: Notarized bilateral partnership agreement
PDCs: Post-dated cheques for principal security

14. Confidentiality

Both parties agree to maintain strict confidentiality of partnership terms, financial arrangements, and proprietary information shared during the partnership period.

15. Amendments & Updates

Omkar Enterprises reserves the right to modify these terms with 30 days notice to partners. Continued partnership constitutes acceptance of modified terms. Partners will be notified via email or registered post about significant changes.

16. Force Majeure

Neither party shall be liable for delays or failures in performance resulting from acts beyond reasonable control including natural disasters, government actions, pandemic situations, or other force majeure events.

CRITICAL LEGAL ACKNOWLEDGEMENT

By investing with Omkar Enterprises, you explicitly acknowledge and agree to:

8-month lock-in period with no early withdrawal rights
PDC security covers ONLY principal amount, not returns
No guarantee of market or business performance
Exclusive jurisdiction of Ulhasnagar, Maharashtra courts
Returns are contractual obligations, not market-linked
You have read and understood all risk disclosures

This is a private B2B lending arrangement under Indian Contract Act 1872. Not a SEBI registered investment. Consult financial advisor before investing.

Final Acceptance & Execution

Execution of the partnership agreement constitutes unconditional acceptance of all these terms and conditions. Digital signatures or physical execution both constitute binding acceptance.

Effective Date: These terms are effective from January 1, 2024 and apply to all partnerships entered into on or after this date.