Terms & Conditions
for Avava Pro
Who we are
These Terms and Conditions (“Agreement”) govern the provision of IT solutions and services by Avavapro (“Avavapro,” “we,” “us,” or “our”) to its clients (“Client” or “you”). By engaging Avavapro for any services, you agree to be bound by these Terms and Conditions.
Our website address is: www.avavapro.com
Client Responsibilities
The Client agrees to:
- Provide accurate and complete information necessary for Avavapro to perform its services.
- Ensure timely access to systems, facilities, and personnel as required.
- Designate a primary contact person for all communications with Avavapro.
- Comply with all applicable laws and regulations.
- Promptly review and approve deliverables and provide feedback.
- Be responsible for the security of their data outside the scope of services explicitly provided by Avavapro.
Fees and Payment
- Fees for services will be outlined in the SOW, service agreement, or proposal.
- Payment terms will be specified in the invoice. Unless otherwise agreed, invoices are due within [Number] days of the invoice date.
- Avavapro reserves the right to suspend services for non-payment.
- All fees are exclusive of applicable taxes, duties, and levies, which shall be borne by the Client.
Confidentiality
Both parties agree to keep confidential all non-public information obtained during the course of this Agreement, including but not limited to business plans, technical data, client information, and proprietary software. This obligation shall survive the termination of this Agreement.
Intellectual Property
- Any intellectual property developed by Avavapro during the course of providing services will remain the property of Avavapro unless otherwise specified in a separate written agreement.
- The Client is granted a non-exclusive, non-transferable license to use any such intellectual property solely for their internal business operations.
Warranties and Disclaimers
- Avavapro warrants that services will be performed in a professional and workmanlike manner, consistent with generally accepted industry standards.
- Avavapro does not warrant that the services will be uninterrupted or error-free, or that all defects will be corrected.
- Disclaimer: EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, AVAVAPRO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Limitation of Liability
- To the maximum extent permitted by law, Avavapro shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business interruption, arising out of or in connection with these services, even if advised of the possibility of such damages.
- Avavapro’s total aggregate liability under this Agreement for any claim, whether in contract, tort, or otherwise, shall not exceed the total fees paid by the Client to Avavapro for the specific services giving rise to the claim in the twelve (12) months preceding the event.
Term and Termination
- The term of this Agreement shall commence on the effective date of the first SOW or service agreement and shall continue until terminated as provided herein.
- Either party may terminate this Agreement for material breach if such breach is not cured within [Number] days of written notice.
- Upon termination, the Client shall pay Avavapro for all services rendered up to the date of termination.
Amendments
Avavapro reserves the right to amend these Terms and Conditions at any time. Any changes will be posted on our website and will be effective upon posting. Continued use of our services after such changes constitutes your acceptance of the new Terms and Conditions.