Welcome to Avoneu, a service provided by Avoneu Inc. (“Avoneu”, “we”, “our”, or “us”). These Terms of Service contain the terms and conditions that govern all use of the Platform, the Services (as defined below) and all content, services and/or products available on or through the Platform (collectively, the “Avoneu Services”). The Avoneu Services are offered to you subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies the Guidelines (as defined below) and any future modifications, and procedures that may be published from time to time on the Platform or otherwise made available to you on or through the Avoneu Services (collectively, the “Terms”). When accepted by you, these Terms form a legally binding contract between you and Avoneu Inc. If you are entering into these Terms on behalf of an entity, such as your employer or the company you work for, you represent that you have the legal authority to bind that entity.
In using Avoneu Services you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing United States Law.
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
Client records are regarded as confidential and therefore will not be divulged to any third party, unless legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Avoneu is responsible for the security of credit card information and other sensitive data in its possession that it processes, stores, and or transmits on behalf of the client. Avoneu will maintain proper security and responsibility for cardholder data and other sensitive information while it is in its possession.
It is the responsibility of the client to ensure they are using the proper Avoneu tools to secure information. For example, sensitive information, such as credit cards, must be processed through a secure module provided by Avoneu for Avoneu to take responsibility for the security of the credit card information in its possession.
We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Like most interactive web sites this Company’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.
Parties will act solely as independent contractors. The Agreement shall not be construed as creating an agency, partnership, joint venture, fiduciary duty, or any other form of legal association between the Client and either Avoneu, and the Client shall not represent to the contrary, whether expressly, by implication, appearance or otherwise. The Agreement is not for the benefit of any third parties.
Client may not, directly or indirectly, in whole or in part, by operation of law or otherwise, assign or transfer the Agreement or delegate any of its rights and/or obligations under the Agreement without Avoneu’s written consent. Any attempted assignment, transfer or delegation without such prior written consent will be void and unenforceable. Notwithstanding the foregoing, the Client, or its permitted successive assignees or transferees, may assign or transfer the Agreement or delegate any rights or obligations hereunder without consent: (1) to any entity controlled by, or under common control with the Client, or its permitted successive assignees or transferees; or (2) in connection with a merger, reorganisation, transfer, sale of assets or product lines, or change of control or ownership of the Client, or its permitted successive assignees or transferees.
The information on this web site and the Avoneu Service is provided on an "as is" basis. To the fullest extent permitted by law, this Company:
The above exclusions and limitations apply only to the extent permitted by law.
Avoneu will bill Clients on an annual/monthly/quarterly/half yearly or any other mutually agreed period basis for all recurring fees. One-time fees, including late payment fees and returned check fees, may occur at any time. No refunds or adjustment shall be issued for one-time fees. For recurring fees, no refund or adjustment for plan downgrades, upgrades or elimination of plan features within the current billing term shall be issued. Invoices/payments are irrevocably deemed final and accepted by Client unless disputed or sought clarification within fourteen (14) days from the date of issue. Client shall at all times provide and keep current and up-to-date Customer’s contact, credit card, if applicable, and billing information on the administrative control panel.
Invoices are generated on the last day of every month for that month’s service.
Once your order is processed, service begins immediately. Full payment of your annual invoice is required within twenty days of the invoice date. You’ll be charged the annual rate stated at the time of purchase as one lump sum, plus applicable taxes. Your contract will renew automatically, on your annual renewal date, until you cancel. Renewal rates are subject to change, but you will be notified of any change in your rate with the option to cancel in accordance with these terms. If you cancel within fourteen (14) days of your initial order, you’ll be fully refunded. Should you cancel after fourteen (14) days, your payment is non-refundable and your service will continue until the end of your contracted term.
Cash or Check, all major Credit/Debit Cards, or ACH Transfer are all acceptable methods of payment. Our Terms are payment in full within twenty days of invoices.
We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed $3000. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.
Returned checks will incur a $25 charge to cover banking fees and administrative costs. In an instance of a second Returned check, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
For United States-based customers:
Monies that remains outstanding by the due date may incur late payment interest at the rate of 3% above the prevailing Federal Funds Target Rate on the outstanding balance until such time as the balance is paid in full and final settlement.
For non-United States-based customers:
Monies that remains outstanding by the due date may incur late payment interest at the rate of 3% above the prevailing Bank of England's base rate on the outstanding balance until such time as the balance is paid in full and final settlement.
For ongoing services, minimum five (5) business days notice of cancellation required. Notification for instance, in person, via email, phone and/or fax will be accepted subject to confirmation in writing. Cancellations will go into affect at the start of the next billing cycle. Partial refunds will not be given for cancellations made between billing cycles.
Both the Client and we have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered for prepaid services or where a Service is deemed to have begun and is, for all intents and purposes, underway.
In the event of termination of general services, the Client’s license for use of materials that were provided by Avoneu is revoked. Materials include, but are not limited to, graphic design, web design, content layout designs, images, code, logos, marketing materials, copy. The Client agrees to discontinue any use of said materials and may not use the materials in any future endeavors without written permission from Avoneu.
After termination of services, we will attempt to permanently delete and remove any proprietary client related files or content from our servers.
At the Client’s request, we will make a reasonable effort to return any materials or content that was provided to render services.
We have several different e-mail addresses for different queries. These, and other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone or facsimile numbers.
This company is incorporated and registered in the State of New York in the United States. Our company addresses is:
Avoneu Inc.
640 Ellicott St.
Buffalo, NY 14203
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, technical difficulties, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
If any term, condition or provision of these Terms is held to be invalid, unenforceable or illegal in whole or in part for any reason, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Parties. The validity and enforceability of the remaining terms, conditions or provisions, or portions of them, shall not be affected.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
Any questions relating to the Agreement which are not expressly or implicitly settled by the provisions contained in the Agreement shall be governed by and construed in accordance with the following:
The Agreement (and any further rules, policies or guidelines incorporated by reference therein) shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. Unless otherwise agreed in writing by the Client and Avoneu Inc., any dispute arising out of or relating to the Agreement, or the breach thereof, shall be governed by the terms set forth below.
The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the service will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy or terms of service we will send notification by e-mail or postal mail to any active client affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this service and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
The consent to these Terms is granted as follows:
Last revised date: November 28, 2018