Avava Business Solutions Private Limited (referred to as ‘AV’, ‘we’ and ‘us’) offers a variety of services from Website Designing to Online Advertising and Digital (Internet) Marketing Services. By engaging us, the clients agree to the Terms of Service set forth below.

WEB SERVICES 

All content and content linking created by AV and residing on the Client’s website are considered owned by the Client if all (Web) Services are paid in full, and the Initial Term of the Agreement has been met including Web Hosting and Maintenance requirements. The Client website(s) hosted and maintained by AV requires Web Hosting or Web Maintenance services to keep the web site active. If there is no agreement for these Services and ownership terms have been met, upon request from client, AV will provide the client with an electronic copy of the content created by us. Domains purchased on behalf of the clients will be released to them within thirty (30) days after service has been terminated if all the agreed services are paid in full.

PAID ADVERTISING/MARKETING SERVICES 

All advertising content created by Avava Business Solutions Private Limited and posted/shared for the Client is considered owned by the Client if all (Paid) Services are paid in full. If requested, the data and configuration of the campaigns will be transitioned to the Client.

ORGANIC SERVICES 

All content and content linking created by AV and residing on the Client’s website are considered owned by the Client if all (Organic) Services are paid in full. All content and content linking created for the Client residing on

non-Client websites will no longer be actively managed and the content will expire based upon the policy, process, and procedure of each website. Administrative access to the Standard Services such as Google Analytics, Google Webmaster Tools, etc. utilized to manage organic deliveries will be transitioned to the Client upon request.

SOCIAL MEDIA SERVICES 

All content created by Avava Business Solutions Private Limited and posted on the Client’s social pages are considered owned by the Client if all (Social Media) Services are paid in full. Administrative access to the Standard Social Media Services such as Facebook, Twitter, Instagram, LinkedIn, YouTube, etc., utilized to manage social deliveries will be passed to the Client upon request. 

SEARCH ENGINE MARKETING 

Avava Business Solutions Private Limited provides Search Engine Marketing, Optimization and Associated Services on a local, national and international basis. As such, we submit information on behalf of the clients to Search Providers for whom the clients must agree to their terms and conditions. These providers may include, but are not limited to Google, Yahoo, MSN/Bing, ASK, AOL, Yellowpages, Superpages, Yelp, TrueLocal, Insider Pages, Merchant Circle, Local Online Newspapers and other such sites. The terms and conditions of these providers all apply.

Avava Business Solutions Private Limited will not share its client’s information with any business other than in the course of securing online advertising and marketing services on behalf of the client.

It is the responsibility of the client to inform Avava Business Solutions Private Limited of removed or relocated web content that may adversely affect the advertisements’ ability to deliver appropriate content to visitors. Avava Business Solutions Private Limited will not be held liable for any clicks delivered to removed or relocated web content, such as those resulting in an HTTP 404 error response code. 

PROMOTIONAL/ADVERTISING MATERIAL 

Avava Business Solutions Private Limited has the right to place information pertaining to its client’s business on any of the publisher and Search Provider websites such as those listed above and all the clients authorize Avava Business Solutions Private Limited to develop content based on information or material provided by the clients and collected by Avava Business Solutions Private Limited including copy, form, size, text, graphics, names, addresses, phone numbers, URLs, logos, trade names, trademarks, service marks, endorsements, photographs or likenesses, and videos.

All clients represent that the material and information they provide to Avava Business Solutions Private Limited is truthful, not misleading, and that they have the authority to represent this product and service information to Avava Business Solutions Private Limited. Additionally, if so contracted, the clients authorize Avava Business Solutions Private Limited to contact relevant customers for the sole purpose of gaining endorsements and reviews of the client’s products and services for publication.

Further, if requested by the clients, posters, articles, press releases, and blog postings will be sent for approval before publishing. The timeliness of these pieces is critical to campaign performance. Finally, the clients authorize AV to utilize the customer/lead data generated from marketing campaigns, for ‘service’ purposes if/when that service is contracted.

NO GUARANTEE/WARRANTY 

Avava Business Solutions Private Limited makes no specific guarantee or warranty regarding the Search Providers and Publishers to which it submits advertising on behalf of the clients, including placement of paid search advertising or any specific results. AV does not warrant the number of calls, clicks, impressions or website visits or that paid search advertising will appear in response to any particular query.

Search Engine Optimization inherently runs risks of algorithmic changes or manual optimization actions by search engines. Avava Business Solutions Private Limited will continue to update and adjust its services and plans in continued ongoing efforts to keep the client’s website ranking as high as possible. Avava Business Solutions Private Limited offers no guarantee or warranty of present or future placement, improvement or in any specific search engine. Finally, Avava Business Solutions Private Limited does not warrant that the performance will be error- free but will immediately act to correct errors once they have been identified.

RESPONSIBILITY FOR ADVERTISEMENTS 

The Client represents and warrants to Avava Business Solutions Private Limited that it is fully authorized to deliver on its client’s behalf, Content through advertisements (including, without limitation, all content such as text, graphics, URLs, and sites to which URLs are linked), and that all Content complies with all applicable laws and regulations. If any other agency is entering into this service on behalf of the client, that agency agrees to the foregoing representations and also represents and warrants that it is the authorized agent of client, and the client is not, as of the date of such announcement, in material breach of any agreement with or in default with respect to any amount owed to that agency.

INDEMNIFICATION 

Every client guarantees that its respective performance of the terms of signed Service Agreement or any other Contract will not in any way constitute knowing, intentional infringement or violation of any copyright, trade secret, trade mark, patent, invention or any other nondisclosure rights of any third-party. The Clients indemnify and hold harmless Avava Business Solutions Private Limited( AV) against all costs including attorney fees, damages and liabilities arising from negligent or intended acts on client’s part constituting the violation of any copyright, trade secret, trade mark, service mark, patent, invention, proprietary information or nondisclosure rights of any third-party. To the full extent of the law, the client will pay any expenses or damages to AV resulting from claims made by third- parties with regard to usage of material the clients have provided, even after termination of Agreements.

CONFIDENTIALITY 

Information that is disclosed by one party to the other party, and that is marked “confidential,” or which under the circumstances ought reasonably to be treated as confidential information including all signed agreements, should be treated as confidential by the clients. The clients should not disclose to a third-party such information or use such information other than for the purpose for which it was provided without the written consent of us.

This limitation will apply for a period of three (3) years after disclosure of such confidential information. The foregoing limitations do not apply to the extent such information:

(a) is or subsequently becomes publicly available other than through a breach of these limitations;

(b) is already known to the receiving party at the time of disclosure;

(c) is developed by the receiving party independent of such information; or

(d) is rightfully received from a third-party without restrictions on disclosure or use.

Every client agrees to keep the terms of any signed agreements/contracts and all information pertaining to the advertising sales and other information pertaining to either party’s business strictly confidential except as may be required to sell Advertising. Disclosure by AV or the clients to their attorneys, accountants, or tax advisors and sales representatives, or as may be required by law to any governmental agency or authority or to a court or arbitrator shall be conditioned on all reasonable steps being taken to maintain the confidentiality of the terms of this Agreement. The parties should notify each other promptly if any such disclosure is requested or required.

Neither party shall issue any press releases nor public announcements pertaining to signed Agreement or the Advertising Sales unless such releases or announcements have been approved by the other party prior to issuance.

LIABILITY 

Avava Business Solutions Private Limited liability for default or breach, including breach of any guarantee or warranty expressed in its Service Agreement, shall be limited to the lesser of the amount actually paid to AV by the client under the respective Service Agreement.

Avava Business Solutions Private Limited is not responsible for loss of income or projected loss of income for any reason, including, but not limited to, server failure, traffic variation, website unavailability, order decreases, search engine algorithm changes, manual optimization actions by search engines, keyword position decreases, data corruption, or data loss. The Client is responsible for, and AV has no liability for, the content, products, services, trademarks and other aspects of the website that are related to the client’s business, industry, and competitors.

PAYMENT OF FEES 

The clients should pay Avava Business Solutions Private Limited monthly fees to cover the cost of services provided by Avava Business Solutions Private Limited up to an amount not to exceed what is stated in the most recent Service Engagement Agreement. Avava Business Solutions Private Limited may change the maximum monthly fees in accordance with procedures established by our search providers and publishers from time to time upon notifications.

All payments should be made on or before respective due dates. If an account becomes past due, all services and campaign activities will be paused until payment is made and the account is current. 

COMMUNICATION RECORDS 

We may record the communications with our clients (chats, calls, etc.) to deliver highest standard of services. When the clients are in contact with us by phone the call may be monitored or recorded for quality assurances purposes. Any client’s continued participation in any telephone conversation serves as express consent to be monitored or recorded.

UNACCEPTABLE PRACTICES 

As Avava Business Solutions Private Limited strives to offer the very best service, there are certain guidelines and policies that must govern AV’s efforts and relationships with its clients. Practices that are in violation of these guidelines and policies are strictly forbidden and may result in the immediate termination of Avava Business Solutions Private Limited services. Such decisions are at the sole discretion  of Avava Business Solutions Private Limited.

Unacceptable practices include, but are not limited to:

• Intentional or unintentional violations of any applicable state, national or international law.
• Offensive or otherwise distasteful material
• Content or language that is harmful to minors in any way
• Hacking and cracking
• Scams or phishing for personal information
• Distribution of internet viruses or other harmful or destructive activities
• Illegal Gambling, gaming, lotteries, etc.,
• Harmful, threatening, violent, abusive, harassing, tortuous, vulgar, obscene, libellous, invasive of another’s privacy, racial, religious/ethnically offensive, complaint websites, or otherwise objectionable content or language
• Defamatory, hateful or revenge content or language
• Adult or pornographic material including, but not limited to, sexually explicit or suggestive material
• Nudity, Sexually oriented products or services, or other sexually oriented material
• Illegal activities such as MLM, Ponzi schemes, pyramid schemes,
• Fraudulent charging of credit cards,
• Copyright violations, plagiarism, piracy, and all unauthorized use of materials or content that infringes on third- parties’ intellectual properties
• Illegal drugs, alcohol, tobacco, explosives or weapons sales
• Reselling of email accounts or hosting accounts to third-parties
• Reselling any of AV’s services including, but not limited to, design services, marketing services and other business strategies to third-parties without a written re-seller agreement          

 FUTURE SERVICES 

Future services performed for the Client will utilize all provisions of the current Service Agreement unless a New Agreement is established.

MODIFICATION 

Avava Business Solutions Private Limited may make changes to services, products, and these Terms and Conditions at any time without notice. The client’s access or continued use of Avava Business Solutions Private Limited services and products subsequent to such a change will signify the client’s assent to be bound by such changes. Client is responsible for periodically reviewing our website to review the current Terms and Conditions.

REFUND POLICY

We offer a 50% refund on payments made if we failed to deliver on time, if there is unforeseen situations happen, we will inform you in writing on the same. Alternatively, if you prefer, we will deduct INR 600 per hour for the time worked on your project. The remaining balance will be refunded accordingly. Please note that the refund process will be initiated after the request is reviewed and approved.

 GOVERNING LAW 

This website originates from the State of Tamil Nadu, India. This Agreement will be governed by the laws of the State of Tamil Nadu without regard to its conflict of law principles to the contrary.