TERMS & CONDITIONS
Welcome to the AVANTAHUB website (the "Company Website"). This document explains the terms and conditions for using the Company Website (the "Terms of Use"). By using the Company Website, you consent to be legally bound by these Terms of Use and any new version of such posted since your last visit, which shall be enforceable in the same way as if you had signed the Terms of Use. If you do not agree to these Terms of Use, you are not granted permission to use the Company Website and must exit immediately.
These Terms of Use apply to any person or entity using and/or browsing the Company Website ("User"), including Company customers who are authorized to register to use the customer portal (the "Customer Portal").
PLEASE NOTE THAT COMPANY CUSTOMERS WHO ARE AUTHORIZED TO REGISTER TO USE THE CUSTOMER PORTAL ARE SUBJECT TO ADDITIONAL TERMS OF USE WHICH GOVERN THE USE THEREOF (THE "CUSTOMER PORTAL TERMS OF USE"). THE CUSTOMER PORTAL TERMS OF USE ARE AVAILABLE ON THE CUSTOMER PORTAL REGISTRATION AREA AND MUST BE ACCEPTED BEFORE ACCESS TO THE CUSTOMER PORTAL IS PERMITTED.
1. 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.
2. 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.
3. Non-solicitation
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.
4. Non-Disparagement Clause.
During the engagement and even after the termination of services, the client agree not to disparage or denigrate the company orally or in writing, and that neither the client nor anyone acting on their behalf will publish, post, or otherwise release any material in written or electronic format, make speeches, gain interviews, or make public statements that mentioned the company, its operations, clients, employees, products, or services without the prior written consent of the company.
For purposes of this agreement, the term disparage includes without limitation comments or statements made in any matter or medium about the company which would adversely affect any manner of the conduct of the business of the company, without limitations to the company's business plans or prospects or the business reputation of the company.
5. Disputes
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.
6. 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.
7. Survival
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.
8. 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.
9. 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 IssuesThe client shall submit to the company via email to support@growthster.com 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.
|
Severity |
Impact |
Response Time Goal |
|
1 |
Directly impacts the Client’s ability to conduct business |
Within twenty-four (24) hours |
|
2 |
Client business is impacted but functioning |
Within two (2) business day |
|
3 |
General questions related to the deliverable |
Within three (3) business days |
(c) Disclaimer
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.
10. Acceptance
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.
11. 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.
12. 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.
13. 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.
14. 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.
15. Billable Hours
15.1. The Client acknowledges and agrees that any tasks completed on behalf of the Client by the Service Provider ("Company") will count toward billable hours and shall be charged against the total hours included in the Client's subscribed package. Billable tasks may include, but are not limited to:
(a) Performing project tasks
(b) Attending project-related meetings
(c) Completing and reviewing work for the Client
(d) Conducting project-related research
(e) Setting project plans, such as timelines or goals
(f) Responding to project-related emails or phone calls
(g) Revising submitted work upon the Client's request
(h) Communicating with the Client, including phone calls, emails, video conferences, and in-person meetings
15.2. The Company shall dedicate the total hours specified in the package subscribed by the Client to perform the services stipulated in this Agreement. Any hours exceeding the subscribed package shall be billed at a rate of $55 per hour, subject to the Company's discretion.
15.3. In the event that the Client is unable to fully utilize the dedicated hours for the billing period, such hours shall be deemed consumed, and no accumulation or rollover of hours will be provided in the subsequent billing period.
15.4. The Company shall distribute and utilize the billable hours evenly throughout the billing period, based on task priority. The Company may, at its discretion, work extended hours in certain instances, depending on the urgency of the tasks at hand.
15.5. The Company reserves the right to refuse the performance of tasks that may compromise its operations or fall outside the scope of work defined in the subscribed package. Any such refusal shall not constitute a breach of this Agreement or any related agreements.
15.6. The Client agrees to provide clear and reasonable instructions for the performance of tasks and acknowledges that the Company may require additional information, guidance, or direction to complete the tasks effectively and efficiently.
16. Non-Roll Over of Billable Hours
16.1. The Client acknowledges and agrees that any billable hours allocated to the Client under this Agreement or any related agreements ("Billable Hours") cannot be carried forward, accumulated, or rolled over into subsequent billing periods or applied to other services provided by the Service Provider.
16.2. The rationale for this limitation on Billable Hours includes, but is not limited to, the following reasons:
(a) Resource Management: The Service Provider must efficiently allocate resources, including personnel and infrastructure, to effectively manage its workload and meet the needs of all clients. Allowing Billable Hours to roll over would result in an unpredictable and fluctuating workload, making it difficult for the Service Provider to manage resources effectively.
(b) Fairness to All Clients: The Service Provider aims to treat all clients equitably and fairly. By not allowing the roll over of Billable Hours, the Service Provider ensures that all clients receive similar levels of access to and benefit from the services provided.
(c) Business Sustainability: Billable Hours are the primary source of revenue for the Service Provider, and a consistent revenue stream is essential for the continued operation and growth of the business. Allowing Billable Hours to accumulate or roll over would negatively impact the Service Provider's business sustainability by creating inconsistencies in revenue recognition.
16.3. In the event that the Client does not utilize the Billable Hours during the relevant billing period, such hours shall be forfeited without any right to compensation, refund, or credit. The Client acknowledges and agrees that it is their responsibility to monitor and utilize the Billable Hours within the designated time frame.
16.4. The Service Provider reserves the right to modify, amend, or terminate the availability of Billable Hours at any time, with or without prior notice, at its sole discretion.
17. Task Prioritization, Level of Effort, and Advance Notice
17.1. The Client acknowledges and agrees that tasks associated with the services provided by the Company may vary in terms of complexity, level of effort, and time required for completion. To ensure the efficient and timely completion of tasks, the Client shall, in consultation with the Company, prioritize tasks based on their importance and urgency.
17.2. The Company and the Client shall work together to categorize tasks into the following priority levels, based on the level of effort and time required:
(a) High Priority: Tasks that are critical to the project's success, require a significant level of effort, and need to be completed within a short timeframe.
(b) Medium Priority: Tasks that are important to the project's progress but do not require immediate attention or a substantial level of effort.
(c) Low Priority: Tasks that are necessary for the project but can be completed at a later time, with minimal impact on the project's overall progress.
17.3. The Client shall provide the Company with sufficient advance notice, preferably 3-4 days notice, of high priority tasks, allowing the Company to properly estimate the required level of effort, allocate resources, and provide a reasonable timeline for completion. The Client acknowledges that failure to provide adequate advance notice may result in delays or an inability to complete the task within the desired timeframe.
17.4. The Company shall use its best efforts to accommodate high priority tasks within the existing scope of work and allocated billable hours. However, the Client acknowledges that high priority tasks requiring significant effort or resources may impact the completion of other tasks or the distribution of billable hours throughout the billing period.
17.5. In the event that a high priority task necessitates the reallocation of billable hours or the provision of additional resources, the Company shall notify the Client in writing and provide an updated estimate of the time required for completion, as well as any potential impact on the overall project timeline or costs. The Client shall have the right to accept or decline the proposed changes, subject to the terms and conditions of this Agreement.
18. 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.
COPYRIGHT
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.
USER PROFILE
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.
TRADEMARKS
"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.
PRIVACY POLICY
LIMITED LICENSE
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.
IN NO EVENT IS THE COMPANY LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST SAVINGS, LOST PROFIT, LOST GOODWILL, LOST OR CORRUPTED DATA OR BUSINESS INTERRUPTION) EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. THIS LIMITATION IS A MATERIAL CONDITION TO THESE TERMS OF USE, IS COMMERCIALLY REASONABLE AND HAS BEEN FACTORED INTO THESE TERMS OF USE AS A WHOLE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND IN THAT CASE THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless the Company and its officers, directors, owners, agents, employees, advisers and consultants, from and against any claims, actions, demands, liability, damages (including legal and professional fees) arising from your use of the Company Website, your conduct, content, communications, alleged infringement of third-party intellectual property or privacy rights, or violation of these Terms of Use.
EXTERNAL LINKS
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.
FORCE MAJEURE
The Company is not responsible for any delay or failure in performance of the Company Website in whole or in part for any reason including, without limitation: fires, floods, storms, earthquakes, civil disturbances, disruption of telecommunications, transportation, utilities, services or supplies, governmental action, computer viruses, corruption of data, hacker attack, incompatible or defective equipment, software or services or otherwise. Nothing herein enlarges any warranty or diminishes any disclaimer under these Terms of Use.
SUBMISSION OF PERSONAL INFORMATION
Please read AVANTAHUB's Privacy Policy. These Terms are deemed to incorporate, and should be read together with, AVANTAHUB’s Privacy Policy.
SYSTEM SECURITY
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 groupsMay 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
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.
INJUNCTIVE RELIEF
If you violate or exceed the scope of these Terms of Use or infringe any proprietary rights in connection therewith, then you agree the Company would be irreparably harmed and may (in addition to other relief and without having to post bond) obtain a court order enjoining your infringing activity.
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
THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF NEW YORK, WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. YOU AGREE TO INITIATE AND MAINTAIN ANY LEGAL ACTION IN THE STATE OR FEDERAL COURTS OF NEW YORK, AND IRREVOCABLY CONSENT TO EXCLUSIVE PERSONAL JURISDICTION AND VENUE THEREIN.
YOU ARE RESPONSIBLE FOR COMPLYING WITH YOUR OWN LOCAL LAWS, WHICH MAY VARY WITH RESPECT TO CERTAIN ACTIVITIES OR PEOPLE. Should you bring legal action against the Company, then you irrevocably agree that it will be brought and maintained within one (1) year after the claim arises or be barred. You further agree to compensate the Company for all costs and fees associated with any such legal action, including, without limitation, any and all attorneys fees. If the Company must enforce these Terms of Use, then you agree to accept electronic service at your stated e-mail address.
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
Technology Transfer. The transport of technology, technical data and information across national boundaries is regulated by the U.S. and by certain foreign governments. You agree not to directly or indirectly export or re-export any information, software or technology obtained from or through the Company Website that requires an export license or governmental approval without first obtaining that license or approval. This provision will survive termination of the Terms of Use.
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.
GENERAL
This document reflects the entire and exclusive agreement between the parties concerning your use of the Company Website and supersedes all other agreements in relation thereto, whether written or verbal. Customers of the Company who use the Customer Portal are subject to the additional Customer Portal Terms of Use governing such use. The Company reserves the right to change these Terms of Use at any time by posting a new version on the Company Website. Your continued use of the Company Website after the effective date of such amendment will constitute your acceptance of such change. This electronic document or a hardcopy duplicate in good form shall be considered an original document admissible into evidence unless the documents authenticity is genuinely placed in question. The Company reserves the right to assign these Terms of Use or delegate responsibility to any third party, including a party acquiring any of the operating assets or ownership interests of the Company. All licenses or permissions granted to you by these Terms of Use are personal in nature and may not be assigned, sublicensed or otherwise transferred and any attempt to the contrary is void, absent the Company’s written consent. Any provision of these Terms of Use found by a court to be illegal or unenforceable shall automatically be deemed conformed to the minimum requirements of law and shall thereupon be given full force and effect as so modified. Any waiver by the Company of a provision in one instance shall not preclude enforcement of it on future occasions. Headings are for reference purposes only and have no substantive effect.
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.
.