TERMS & CONDITIONS

Effective Date: September 12, 2024

1. Welcome
Hi! Welcome to Avanopy ("Avanopy, LLC.", the "Company”, “we”, “our”, “us”). By visiting our website at www.avanopy.com (the "Site"), you agree to the Terms and Conditions (the “Terms”) that are relevant to your visit. If you do not agree with any part of these Terms, please feel free to step away from our Site. And please keep in mind that we're always available via email at info@avanopy.com!

2. Our Services
2.1 Background
We think that companies like ours should exceed client expectations 100% of the time. Period. That's why our founder, Christian Bowen, formed Avanopy. His philosophy of providing unmatched value to clients through exceptional solutions that achieve essential outcomes permeates everything we do. And his passion for making a difference while helping everyone to be more successful and happy is wired throughout all our agile training and performance enablement services ("Services") and products ("Products").
2.2 What We Do
At Avanopy, we use modern practices and science-based insights to strategize, plan, design, develop, deploy, reinforce, and measure training and performance enablement solutions. We offer custom and semi-custom solutions for in-person workshops, virtual workshops, eLearning, cloud-based hubs and learning paths, performance support, process improvement, and more. We craft each solution to client-specific conditions and outcomes with a variety of options (e.g., role plays, games, activities, workbooks, manuals, job aides, videos, quizzes, facilitator guides/slides, manager guides, websites, and more).

3. Your Responsibilities
When you use our Site, we kindly ask you to:
Provide accurate, current, and complete information.
Keep your account secure.
Understand and accept any risks associated with unauthorized access to your account.

4. Our Content
The content you see on our Site, such as text, graphics, logos, and images, belongs to Avanopy, LLC and is protected by copyright laws. Please contact us if you’d like to use any of our content.

5. Ending Your Access
We reserve the right to terminate your access to the Site without prior notice, for reasons including violations of these Terms.

6. Governing Law
Terms for Site, Services, and Products are governed by the laws of Ohio, US. Any disputes will be handled by the courts of Ohio, US.

7. Updating These Terms
We might update these Terms from time to time. Any changes will be posted here and will take effect immediately.
7.1 Updates Related to Site
Your continued use of the Site means you accept the changes relevant to visiting the Site.
7.2 Updates Related to Services or Products
For engagements that are underway or have signed agreements in place, changes will take effect after an engagement is completed.

8. Engagement Terms
8.1 Duration
Our engagement starts on the date specified in the Statement of Work (SOW) and continues until we complete the agreed services or either party terminates the agreement.
8.2 Termination
If either party needs to end the agreement, we ask for 7 days' written notice. We will fairly bill for all work completed up to the termination date or bill for whatever is agreed to between parties.

9. Fees and Payment
9.1 Fee Structure
We built our fee structure to be simple, transparent, and flexible with the goal to provide exceptional quality and unmatched value. And we'll work with you to ensure our approach to fees fits with your needs and expectations.
9.2 Fees May Include
Hourly rates
Fixed project fees
Licensing fees
Retainer arrangements (where applicable)
9.3 Expenses
We’ll make sure to get your approval for any additional expenses beyond what is stated in the SOW before billing you.
9.4 Payment Terms
We’ll send you invoices weekly, monthly, upon milestone completion, or whatever is agreed to in the SOW. Generally, we ask for payment within 30 days of receipt. If there are any delays, a small interest charge of 5% per month may apply.
9.5 Repayment Agreements
For some Services or Products, we might need to have a training repayment agreement. This means if you decide to leave our services or discontinue use of products before our agreement expires, you’ll need to repay costs that were expected by Avanopy. Repayment is not about clawing back lost revenue; it is about avoiding harm from sunk costs that are in place per our agreement. We’ll discuss and agree on the specifics before starting an engagement.

10. Confidentiality and Privacy
10.1 We believe that confidentiality and privacy are vital components of conducting business with integrity and building trust. We believe that an organization or individual owns their unique or proprietary information, tools, and methods ("Assets"). Additionally, we believe that each person owns their personal information and is the sole arbiter of its disclosure. Because of this, both parties agree to keep all proprietary information shared during our engagement strictly confidential.
10.2 Notably, modern websites and infrastructure partners collect some information that is necessary for site functionality and/or partner agreements. When information is collected, we diligently apply the principles of transparency and modern security to keep earning your trust. That’s why our Privacy Policy shows you what personal information we collect and what we do with it, along with your choices and rights.

11. Intellectual Property
Upon full payment, you own all deliverables created specifically for your project, unless specified otherwise in writing. Avanopy, LLC retains ownership of our proprietary methodologies and pre-existing materials.

12. Our Commitment to Quality
12.1 Our Promise
We deliver exceptional solutions that enable organizations and individuals to learn, perform, achieve... and then repeat. Trust and value is at the core of our partnership. We guarantee that we will do whatever it takes to professionally, lawfully, and ethically earn your trust and provide unmatched value.
12.2 Your Assurance
You assure us that you have the authority to engage our services and will provide the necessary resources for a successful collaboration. Together, we can achieve great results.

13. Limitation of Liability
13.1 Liability from Site
Avanopy isn’t responsible for any damages resulting from your use of our Site. This limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory.
13.2 Liability from Services and Products
While we hold ourselves to the highest standards of quality and integrity in our Services and Products, our liability is limited to the total fees paid per our agreement, unless specified otherwise in written agreement between parties.

14. Independent Contractor Status
Avanopy, LLC generally operates as an independent contractor, not as an employee of your organization. As an independent contractor, we are responsible for our own taxes, insurance, and legal obligations. Occasionally, employees, contractors, and affiliated partners of Avanopy may agree to a form of W2 relationship with your organization.

15. Dispute Resolution
In the unlikely event of a dispute (which we have never had), we commit to resolving it quickly and fairly through mediation before considering litigation. The governing law will be that of Ohio, US.

16. Amendments
We will consider modifications to these Terms and Conditions to better fit your normal business operations or approaches to how you innovate. If modifications are necessary, both parties will confirm via written agreement.

17. Contact Information
We believe that modern communication requires openness, timeliness, and honesty. If you have any questions about these Terms and Conditions or any aspect of our Services or Products, please get in touch with us!
Avanopy, LLC
Rocky River, OH
info@avanopy.com
1.216.296.9288

By visiting our site, engaging our services, or using our products, you agree to the relevant terms and conditions. We look forward to partnering with you, and enabling your organization to learn, perform, achieve... and then repeat!