Terms and Conditions
This Agreement is entered into by and between Avancera Solution (“Avancera Solution,” “we,” “us,” or “our”), a custom software development and digital marketing company, and you, the client or user (“Client” or “you”), and governs the terms and conditions of all services provided by Avancera Solution. By engaging in our services, making a payment, or otherwise using our website, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions.
1. Services Provided
Avancera Solution offers a portfolio of professional services, including but not limited to custom software development, digital marketing plans, web design, mobile app development, and print design. All services are performed on a project basis, as outlined in a separate Statement of Work or project proposal. The Client acknowledges that they have reviewed our portfolio and work quality prior to making any project payments.
2. Custom Software Development
For all custom software development projects, the following terms apply:
- Project Deliverables and Acceptance: The Client shall be responsible for reviewing and formally accepting or rejecting all deliverables specified in the project proposal within a reasonable timeframe (e.g., five business days) of receipt. If the Client does not provide written notice of rejection with specific, detailed reasons for the rejection within this timeframe, the deliverable will be deemed accepted.
- Intellectual Property Rights: Upon full and final payment for a custom software project, Avancera Solution shall assign to the Client all intellectual property rights in the specific, custom code and final deliverables created for that project. However, the Client agrees that Avancera Solution shall retain all rights, title, and interest in and to any pre-existing code, reusable components, development tools, methodologies, and general knowledge that we may have used in the development of the custom solution.
- Client Cooperation: The Client agrees to provide all necessary information, content, and feedback in a timely manner. Delays in receiving required information or feedback may result in corresponding delays in the project timeline, and Avancera Solution shall not be held liable for such delays.
3. Monthly Digital Marketing and Maintenance Plans
For services provided on a recurring monthly basis, including digital marketing and maintenance, the following terms apply:
- Client Content and Responsibility: The Client must provide all text and images for new content in a digital format.
- No Rollover of Hours: Unused hours from a monthly plan shall not carry over to the next month, and no refunds will be given for unused hours.
- Third-Party Policies: The Client understands, agrees, and acknowledges that Avancera Solution has no control over the policies of search engines or directories regarding site and content acceptance, and Avancera Solution is not liable for any changes made by third parties that negatively impact the Client’s search engine rankings.
Cancellation: The Client may cancel or renew monthly services at any time via their account dashboard or by written notice to Avancera Solution.
4. Payments, Deposits, and Refunds
All payments and deposits for any service provided by Avancera Solution are non-refundable once made. If a project is canceled or delayed by the Client, Avancera Solution shall retain all payments received. The Client shall also remain liable to pay for any work completed beyond what has already been covered. A $100 administrative fee shall be applied to any late payments or declined credit card charges. Avancera Solution reserves the right to suspend all services, without notice, until all outstanding balances and fees are paid in full.
5. Print Design
Design costs paid to Avancera Solution are non-refundable. Refunds for printing costs are only given if a printing error is determined to be our fault. Avancera Solution is not liable for damages incurred due to printing errors or problems from our files if full specifications from your printer were not provided or were incorrect, or if you supply the wrong files to your printer.
6. Chargebacks and Payment Disputes
In the event of a chargeback request or payment dispute, the Client’s services and/or project will be immediately suspended. A $100 chargeback fee shall be applied to recover the costs incurred by us. This fee, along with any outstanding balances, must be paid in full before services are restored or any further work is performed. The Client is urged to contact us directly to resolve any billing issues. A chargeback for a valid charge from us is considered a fraudulent act and is a breach of this Agreement.
7. Money-Back Guarantee
Any money-back guarantee is void if the Client requests revisions after reviewing the initial samples. Once feedback is provided and changes are requested, the project moves to the revision phase, and the guarantee no longer applies.
8. Disclaimer of Warranties
All services are provided “as is” and without any express or implied warranties. Avancera Solution does not guarantee that its services, including digital marketing services, will meet the Client’s expectations or provide a specific result. The entire risk as to the quality and performance of the services is with the Client. Avancera Solution disclaims all other warranties, including implied warranties of merchantability and fitness for a particular purpose.
9. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Avancera Solution, its affiliates, officers, directors, employees, or partners be liable for any indirect, incidental, special, punitive, or consequential damages, including, without limitation, damages for lost profits, revenue, lost data, or business interruption, arising out of or in connection with this Agreement. The total aggregate liability of Avancera Solution to the Client for any claim arising out of or relating to this Agreement shall be limited to the total amount of fees actually paid by the Client to Avancera Solution for the services giving rise to the claim.
10. Indemnification
The Client agrees to indemnify and hold harmless Avancera Solution and its affiliates, officers, and partners against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from (a) the content, materials, or data provided by the Client (the “Client Content”), or (b) any claim that Avancera Solution’s use of the Client Content infringes the intellectual property rights of a third party.
11. Confidentiality
Both parties agree to keep each other’s confidential and proprietary information strictly confidential. This includes, but is not limited to, written or oral contracts, trade secrets, business methods, reports, and financial information.
12. Force Majeure
Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, such as natural disasters, power outages, or government regulations.
13. Dispute Resolution
In the event of a dispute between the parties, the parties agree to first attempt to resolve the matter through good faith negotiation. If the dispute is not resolved through negotiation, the parties agree to submit the dispute to binding arbitration in a location to be determined by Avancera Solution. The decision of the arbitrator shall be final and binding on both parties, and the parties hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement.
14. General Provisions
This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction of Avancera Solution’s principal place of business. If any provision of this Agreement is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. This Agreement constitutes the entire agreement between the parties and supersedes all prior communications, representations, or agreements.
15. Contact Us
If you have any questions about these Terms and Conditions or wish to contact us concerning any matter relating to it, you may send an email to info@avancerasolutions.com.