TERMS & CONDITIONS
- Services to be Provided
The Company shall perform for Client the services listed in the package subscribed. Client shall provide ready access to their staff, resources, and software as necessary to perform the services, at no cost to the Company.
- Confidential Information
The parties acknowledge and agree that either party may gain access to confidential information of the other party during the course of the Company providing the services. Both parties shall take all actions reasonably necessary to ensure that the Confidential Information remains strictly confidential and is not disclosed to or seen, used or obtained by any person or entity except in accordance with the terms of this Agreement.
During the period commencing on the date of this Agreement and ending on the first anniversary of the client’s acceptance of the last services performed or deliverable delivered hereunder, whichever is later, neither party will directly solicit the employment of any officer, employee, consultant, or contractor of the other party or its affiliates without the prior written consent of such other party.
Any disputes that arise between the parties with respect to this Agreement shall be submitted to binding arbitration under, and by a single arbitrator appointed in accordance with, the then current commercial arbitration rules of the American Arbitration Association. Any such arbitration shall be conducted in Albany, New York. The parties shall share equally the costs and expenses of any such arbitration; provided that the arbitrator shall have the authority to award costs and legal fees to the prevailing party if he or she deems appropriate. The final decision of any such arbitrator shall be enforceable in the courts of Albany, New York or any other state in which the Company resides or maintains a place of business.
- Relationship of Parties
This Agreement does not constitute, and shall not be construed as constituting, an agency, partnership, or joint venture relationship between the Company and the Client. Neither party shall have the right to obligate or bind the other party in any manner whatsoever.
The obligations of the parties under the sections of this Agreement regarding payment, confidentiality, ownership of work product, disputes, limited warranty and remedies, non-solicitation, and placement fee shall survive any termination or expiration of this Agreement.
- No Refund Policy
The Company does not issue refunds for all services once the order is confirmed and the project is moved into the planning phase.
- Support Services
The term “Support” consists of assistance to clients via email with respect to any Service deliverables provided by the company. Support will be available during the company’s business hours, Monday through Friday, excluding local holidays.(a) Submission of Support Issues
The client shall submit to the company via email to firstname.lastname@example.org the all relevant information including, but not limited to:
- A complete description of the issue
- When the issue started and
- Any error messages or indications that client received when the issue occurred
(b) Severity Classification and Response Time Goal
Issues are classified according to the severity of the impact to the deliverable in accordance to the chart below. All disputes regarding the severity classification will be resolved by the company in its sole discretion.
Response Time Goal
Directly impacts the Client’s ability to conduct business
Within twenty-four (24) hours
Client business is impacted but functioning
Within two (2) business day
General questions related to the deliverable
Within three (3) business days
The company shall not be responsible for providing support to the extent that issues arise because the client,
- uses the deliverable in a manner not in accordance with the SOW
- has modified the deliverable either themselves or, via a third-party
However, the company may provide additional services to correct the problem via mutually agreed changes in the SOW.
Client shall be deemed to have accepted the Services and any Deliverables provided by the company pursuant to this Agreement if client shall not have notified the company to the contrary within 10 business days after the company’s completion of the Services and the delivery of the Deliverables, whichever is later.
- Use of Customer Feedback
The company reserves the right to use the client’s testimonial and logo in its website at the discretion of the company.
11. Services to be Provided and Schedule of Deliverables
A schedule of deliverables will be agreed upon during onboarding and will be followed by the team unless otherwise there are unforeseen circumstances that may cause delay. Any possible delay to the schedule will be communicated to the Client and a new schedule will be agreed upon.
12. Specific Requirements to be provided by Client
The Client shall give full cooperation in providing resources needed by the Company to complete the services. At a minimum, one dedicated contact person from the Client shall be made available to the team to address any clarifications they may have in the course of the project.
The success of this engagement will be heightened if the Client takes an interest and actively feeds news of their own activities to the Company, as well as any news the Client thinks the Company might not have expected due to its specialist nature.
13. Fee Rate and Payment Schedule
The Company shall automatically charge the client monthly, the client having the right to terminate with 7 days prior written notice. If payment is delayed or not made for any reason, the Company reserves the right to suspend all provision of services until such a time payment is received in full.
The Company shall dedicate the total hours mentioned in the package subscribed to perform the services stipulated in this Agreement. Any excess hours shall be charged $55 per hour at the discretion of the Company. In the event that the Client cannot fully utilize the dedicated hours for the period, it will be considered consumed and no accumulation of hours will be provided in the next period.
15. Changes in the Scope
No changes to this Agreement may be made unless such changes are in writing and signed by both parties. Such statements shall be designated as amendments to this Agreement and shall specifically identify the portion of this Agreement to be changed. Except for such designated portions, the Agreement will continue in effect.
All content of Our Sites, including but not limited to the text, graphics, logos, button icons, audio clips, video clips, data compilations, Software, and images, and their arrangement or compilation on Our Sites (Content), unless otherwise noted, are the copyrighted material of AVANTAHUB or its content providers and are protected by United States and international copyright laws. Copyright © 2020 AVANTAHUB. All rights reserved.
By using the Company Website, you certify that you are 18 years of age or older. If you register to receive information or certain products through the Company Website, you are representing that you are at least 18 years old and that your registration information is truthful, accurate, updated and complete.
USE OF SITE
Except as expressly stated herein, you are authorized to view copy, and print the content of this Site subject to the following conditions: (i) it is used only for your personal, informational, non-commercial purposes, you may not modify the materials at this site in any way or reproduce or publicly display, perform or distribute or otherwise use them for any public or commercial purpose. Any use of this materials on any other website or network computer environment for any purpose is prohibited (ii) any copy or portion must include AVANTAHUB copyright and other proprietary notices, (iii) no modifications or reproductions are made; and (iv) AVANTAHUB reserves the right to revoke such authorization at any time. The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any copied or printed materials.
"AVANTAHUB LLC", "AVANTAHUB", and the AVANTAHUB logo and other AVANTAHUB graphics, logos and service names are trademarks, registered trademarks, or trade dress of AVANTAHUB in the United States and/or other countries. AVANTAHUB’s trademarks or trade dress may not be used in connection with any other product or service that is not AVANTAHUB’s, or in any manner that is likely to cause confusion among existing or future customers, or in any manner which denigrates or discredits AVANTAHUB. All other trademarks and logos or registered trademarks and logos found on Our Sites or mentioned in them belong to their respective owners. Nothing contained on Our Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on Our Sites without the written permission of AVANTAHUB or such third party that owns the trademarks. AVANTAHUB will enforce its intellectual property rights to the fullest extent permitted by law. You may not use the name, logo, proprietary Content or any trademark of AVANTAHUB without AVANTAHUB’s express written permission.
AVANTAHUB grants you a limited, revocable, non-exclusive license to access and make personal use of Our Sites (License), and not to download (except for page caching) or modify any portion of it without AVANTAHUB’s express written consent. This License is for online access only and does not allow you to commercially exploit Our Sites or any of their Content. This License does not allow you to make derivatives of Our Site or use any data mining or other data extraction or gathering tools on Our Sites. Unless otherwise specified by AVANTAHUB in a separate license or Other Agreement your right to use any Software, data, documentation or other Content that you access or download from Our Sites is subject to these Terms. You may create a hyperlink to Our Site homepage subject to strict compliance with these Terms. Any unauthorized use of Our Sites in contravention of these Terms or a breach of this License terminates the permissions granted under this License with immediate effect.
PROFESSIONAL SERVICES AND ADVICE
In accessing any of Our Sites, no client, advisory, fiduciary or professional relationship is implicated or established and neither AVANTAHUB nor any other person is, in connection with Our Sites, engaged in rendering auditing, accounting, tax, legal, advisory, consulting or other professional services or advice.
LIMITATION OF LIABILITY/WARRANTIES
OUR SITES AND ALL CONTENT IN THEM HAS BEEN COMPILED FROM A VARIETY OF SOURCES AND OUR SITES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. EVERYTHING ON OUR SITES (INCLUDING SOFTWARE) IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOUR USE OF OUR SITES IS ENTIRELY AT YOUR OWN RISK.
AVANTAHUB DOES NOT WARRANT THAT OUR SITES, VARIOUS SERVICES PROVIDED THROUGH OUR SITES, AND ANY INFORMATION, SOFTWARE OR OTHER MATERIAL DOWNLOADED FROM OUR SITES, WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
AVANTAHUB MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF THE CONTENT ON OUR SITES. AVANTAHUB ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR SITES. AVANTAHUB USES ALL REASONABLE EFFORT TO ENSURE THE ACCURACY OF THE CONTENT ON OUR SITES BUT RESERVES THE RIGHT TO CHANGE IN ITS SOLE DISCRETION OUR SITES, IN ANY WAY AND/OR AT ANY TIME, WITHOUT NOTICE.
Links on Our Sites may lead to servers maintained by individuals or organizations other than AVANTAHUB. AVANTAHUB has no control and makes no warranties or representations as to the accuracy, timeliness, suitability or any other aspect of the information located on such servers, and neither monitors nor endorses such servers or content.
SUBMISSION OF PERSONAL INFORMATION
The Company endeavors to protect the security of personal information. It uses a variety of security technologies and procedures to try to protect personal information from unauthorized access, use, or disclosure.
LINKING TO THIS SITE
You may create links to this Site from other sites, but only in accordance with the terms herein and in compliance with all applicable laws:
- The other site does not contain content that could be construed as distasteful, offensive or controversial, and contains only content that is appropriate for all age groups
- May link to but not replicate AVANTAHUB’s content
- Should not create a browser or border environment around AVANTAHUB’s content
- Should not imply that AVANTAHUB is endorsing it or its products
- Should not misrepresent its relationship with AVANTAHUB
- Should not present false information about AVANTAHUB’s products or services
- Should not use the AVANTAHUB’s logo or marks without permission from AVANTAHUB
CHANGE TO SERVICE
The Company reserves the right to modify, change or discontinue the Company Website or any feature at any time without notice. You agree that the Company is not liable to you or to any third party as a result of any such action. The Company invites Users to make suggestions for ways that the Company Website can be improved. If you make a suggestion, then you authorize the Company to use the idea and to publish your name in connection with the submission. The Company does not compensate for the use or publication of such submissions.
Images of people or places displayed on Our Sites are either the property of, or used with permission by, AVANTAHUB. Your use of these images is strictly prohibited unless specifically permitted by these Terms, specific permission provided elsewhere on Our Sites or you write directly to and obtain permission from AVANTAHUB. Please contact "hello@AVANTAHUB.com" for permission.
REVISIONS TO CONTENT
AVANTAHUB may at any time revise these Terms by updating this posting. You are bound by the most current Terms every time you visit Our Sites, therefore you should periodically and carefully review these Terms to which you are bound.
GOVERNING LAW AND FORUM
If any clause of these Terms shall be deemed to be invalid, void or unenforceable for any reason, that clause shall be deemed severable and shall not affect the enforceability of the remainder of these Terms.
TECHNOLOGY & DATA TRANSFER
European Union Residents. If you reside in the European Union (EU) or if any transfer of information between you and the Company Website is governed by the General Data Protection Regulation (Regulation 2016/679), then you consent to the transfer of such information outside of the European Union to such other countries as may be contemplated by the features and activities provided by the Company Website.
NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information.
Complaints. The Complaint Assistance Unit of the Division of Consumer Websites of the California Department of Consumer Affairs may be contacted in writing at 1020 North Street, Suite 501, Sacramento, CA 95814, or by telephone at (916) 445-1254.
If any term or provision of this Legal Notice is for any reason held to be invalid, such invalidity shall not affect any other term or provision, and this Legal Notice shall be interpreted as if such term or provision had never been contained in this Legal Notice.