END USER AND CUSTOMER SERVICE AGREEMENT
Web Based Services Offered By
AviGnan International Inc.
Important: Please read all of the Terms and Conditions of this Agreement before accessing our Websites and using our related Services.
This service agreement, here after referred as “Agreement”, is between AviGnan International Inc. and Website www.iSolutionator.Com ( “we”, “us”, “our”, “website”) and you and/or entities you represent (“you”, “your”, “customers”, “member”). It contains Terms and Conditions that cover your access to and use of all our Web based services (“services”) as described in our Website. You are legally authorized by your Legal Business Entity including but not limited to Sole Proprietorship, LLC, C or Sub-S Corporation, Partnership, Joint Ventures, Alliances, etc. to enter into this agreement.
This agreement is activated when you click “I Accept” after reading and thoroughly understanding this agreement.
Conditions for Use of Our Service Offerings
A-1: Before starting to use our services, a membership account is to be created with us by filling out appropriate form(s) provided by us and emailing it to us for evaluation. You have to have complete understanding of the content of our website www.iSolutionator.com which describes our current services. If you have any questions, it must be answered by calling us or emailing us.
A-2: We reserve the right to accept or reject your request to create a membership account with us without giving any reason. Our membership is not available to any type or form of Consulting Companies and/or Consulting / Business Counseling Operations as we consider them as our Competitors.
A-3: Your access to our services after opening the account with us is secured by User ID created by us and given to you by us and a high security level Password of minimum 8 digits (a combination of alpha, numeric, special characters # and *) created by you. It is your total responsibility to safe guard User IDs and Passwords against any misuse and unauthorized use. You will be held responsible for any and all access and activities.
A-4: Our services are available to all of our Members / Customers. Most of these services are offered for fee. We have the right to change our services policy at any time without prior notice. Customers have rights to discontinue our charged services any time. You can request refund on a prorated basis for the remainder of duration and/or for unused credits.
A-5: Our services can be accessed and used only by members of your company authorized by us. User IDs will be provided by us and customized password will be created by you for each authorized user.
A-6: The accuracy of information we provide is not guaranteed by us.
A-7: Our services may get interrupted due to unforeseen reasons including natural disasters and failure of hardware and software systems. We may adjust your services terms to compensate you in some form when such interruptions of our services occur. We will try best of our abilities to provide uninterrupted services.
A-8: We reserve the right to cancel, terminate and/or suspend your membership account and associated services we offer without giving any explanation and/or reason. You can not claim any damages against us. You will be responsible to pay any outstanding balance of payment due to us. You may request prorated refund for unused time duration and/or other unused credits.
A-9: The start date for services will be the date we notify you of acceptance of you as a member.
A-10: The term/duration for our services depends on the types of services you subscribe and pay for it in advance. You may request credit for the unused part of the term of our services.
A-11: If you are terminated, you will not be able to reapply for membership for 6 months starting the date you are terminated. We reserve the right to change this policy without prior notice.
A-12: You can request services that are not a part of standard services we provide. If justified and appropriate, a custom proposal will be made by us to you as a response to your request. We may decide not to accept your request.
A-13: Our service offerings are provided “as is”. We do not guarantee or give warranty of any kind, direct or implied. This also applies to all of our business partners, alliance, associates and joint ventures.
A-14: There are no service level agreement executed or no service levels are guaranteed or implied. However, we are dedicated to create high customer satisfaction and deliver good customer experience at the best of our ability. Our employees are educated and trained to provide high level of customer service and to deliver best experience of working with you.
A-15: Even though our online internet based service is available 24 x 7 x 365, our office working hours are from 9:00 am to 5:00 pm, Monday through Friday. You can reach us during these working hours. Communications through email can be done any time but response will be given only during our working hours.
Confidentiality of Information and Knowledge Provided by Us
B-1: The ownership of data, information and knowledge provided by us to you in any form (Verbal, Written, Graphics, Video, etc.) remains with us. You are strictly authorized to use it within your company for your benefits and not to be shared with any other party out side of your company.
B-2: The data, information and knowledge provided by you to us as a part of our service will be treated as confidential information and will be protected by us at the best of our ability and will not be shared outside of our company. It will not be erased from our system regardless of your membership status with our company.
C-1: After customer is granted membership, the customer is obligated to provide all information in timely fashion as and when requested by us and in the form it is requested by us.
C-2: You need to have available at your expense all computer and communications hardware and software required to use our services. It is your responsibility to maintain your entire system and upgrade and/or change it if and when required.
C-3: You need to have technical expertise available for your installed hardware and software systems which is being used for interfacing with us and for accessing our services.
C-4: All information provided by us to you must be secured by you against unauthorized use and access within your company and/or outside of your company.
C-5: It is your total responsibility of how, where and when you use information provided by us to realize potential results expected by you. Additional Coaching and Mentoring services are available for fee if and when you need it.
C-6: If you are delinquent in advance payment for our services by more than 30 days, your membership and our services could be terminated.
C-7: You will provide all requested information to us that relates to your request for our services. This will be done in writing using our website and/or direct emails.
C-8: You will appoint an authorized contact person who will manage our relationship from your side. Primarily, we will work through and with this person regarding all matters.
C-9: It is required that we have direct access to senior management team members of your company, if needed. You will provide us with Management Team Member’s names, email, address and their direct telephone #s. Their participation, when required, is mandatory. They can contact us during our business hours via email or by telephone calls if they have questions.
C-10: We value your opinions and feed back. We will continuously solicit your feed back and opinion about our services. We would also encourage you to make suggestions on how to improve our services.
C-11: We would very much appreciate your referrals to companies of your friends, family, business partners and associates, your suppliers, your company’s customers, etc.. We will express our gratitude appropriately.
Payment for Our Services
D-1: We have right to have multiple scheme for charging for our services. Depending on your need, you will have to choose a plan suitable to you. We reserve the right to change, modify, cancel and/or update our charging scheme without any prior notice.
D-2: You have various payment options – Monthly, Quarterly, Annual or Total Payment. Payments are to be made in advance of services provided.
D-3: All our charges are exclusive of applicable taxes and/or any government imposed charges. You are obligated to let us know if you have any exemptions regarding paying taxes and/or any other government imposed charges.
D-4: Payments could be made using valid Credit Cards accepted by us. You may decide to have us keep your credit card number on our protected file for future charges or you can use it every time you have to make payments to us.
D-5: Payment could be made by authorized check and received by us before due date.
Indemnification & Limitations of Liability
E-1: You will defend, hold harmless and indemnify our company, our partners, alliances and joint ventures and all employees associated with these entities from and against any claims, damages, losses, liabilities, costs and all expenses of every kind arising out of or relating to any third party claims concerning breach of this agreement or violation of law by you including all users of our service offerings associated with you.
E-2: You forfeit your right to sue us for any reason during your active membership with us and after your membership cease to exist.
E-3: In case of legal action taken by you against us, you will be responsible to pay all of our legal expenses including lawyers and court fees. You may be sued by us as a result of your legal action against us for actual and punitive damages.
E-4: Our Company is a Nevada Corporation and all legal matters are governed by laws of State of Nevada.
E-5: We and our business partners, alliances, associates and joint venture and all employees will not be liable to you and/or any business entities associated with you for any direct, indirect, incidental, consequential or exemplary damages for loss of revenue, cash flow, profits, market share, reputation, goodwill, employees and all other possible areas.
E-6: We will not be responsible for any compensation, reimbursement or damages arising out of your inability to use our information and related services due to any reason what so ever, due to termination or suspension of this agreement, due to discontinuance of our services, due to interruption in our services for any reason what so ever and/or due to inability of our employees and systems to satisfy your unusual demands.
E-7: We will not be liable for any delay and disruption caused by any reason in providing our services.
Modifications of this Agreement
F-1: We reserve the rights to change, delete and/or modify terms and conditions of this general agreement without prior notice to you and/or any other party.
Other Terms and Conditions
G-1: With your permission and approval, we may want to use your company name and our services used by you for marketing our services in forms of advertisement, TV commercials, Social Media, print media, etc.
G-2: You and us are independent contractors and are not agent of other party. You have no authority to enter into any legal contracts or agreement on behalf of us.
G-3: You do not have any rights to market, sell and/or share data, information and knowledge provided by us to you as a part of this service agreement.
G-4: This agreement is between you and us and there are no third party beneficiary rights.
G-5: You and us will strictly obey and observe all Government (The Federal US Government, State and Local Governments and all applicable foreign Governments) Laws and Rules applicable for conducting our business in the USA and other applicable Countries.
G-6: 30 day advance notice is required by either party to cancel / terminate this agreement.
G-7: All written, verbal, graphics, electronic, etc. communications between you and us will strictly be in English language and it will be strictly confidential.
G-8: You can not assign this agreement to any other party for any reason. A new agreement is to be executed when and if your company is bought by other company or the ownership in any form is transferred to a new entity.
G-9: Failure and/or delay in enforcing this agreement by us do not constitute future waiver and/or exemptions of any terms and conditions of this agreement. All waivers and/or exemptions should be in writing in advance.
This Agreement constitutes the entire agreement. There are no other Terms and Conditions guaranteed or implied in writing or verbally expressed. This agreement shall be governed by and construed in accordance with the Laws of State of Nevada. Confidentiality and privacy of this agreement must be enforced by both signing parties.
Agree on one of the below options:
O – I have read and accept the terms and conditions of this agreement.
O – I have read and do not accept the terms and conditions in this agreement.