Eligibility to Use Services
To enter into these terms you must be at least 18 years old and have authority to bind the organisation you represent. Use of Avenari services must comply with applicable law and these terms. If acting on behalf of an entity, you confirm you are authorised to accept these terms for that entity.
Clients must be legally capable of entering contracts under the law applicable to their jurisdiction; minors should not engage our services directly.
Services must be used for lawful business purposes. Prohibited uses include unlawful surveillance, distribution of harmful code, or activity that infringes third-party rights or violates export controls.
Access to and provision of certain services may be restricted in some jurisdictions due to laws, sanctions, or technical limitations. Avenari may decline engagements where compliance risks cannot be reasonably mitigated.
Accounts and Access
Where account credentials are provided to access project portals, environments, or dashboards, you are responsible for maintaining their confidentiality and for activities that occur under your account.
You must provide accurate contact and billing information and promptly update any changes. Project scope and requirements should be documented and agreed in writing to avoid misunderstandings.
Protect account credentials and use recommended security measures (unique passwords, two-factor authentication where available). Report suspected compromise immediately so access can be suspended and forensic steps taken.
Account credentials and subscriptions are non-transferable except by written agreement between Avenari and the account holder.
If you believe your account has been accessed without authorization, notify Avenari immediately at [email protected] with details so we can take protective actions and support incident response.
Avenari may suspend access to services for account breaches, nonpayment, or security incidents. Suspension aims to protect client environments and data; we will communicate reasons and remediation steps.
Scope of Services
Avenari provides tailored software design, development, integration, and operational support focused on improving business processes. Project scope, deliverables, timelines, and acceptance criteria are set out in statements of work. We rely on case-based planning and iterative delivery to manage complexity.
Changes to scope are managed through change requests documented and approved by both parties with adjustments to timeline and fees as needed. Practical case notes are maintained to reflect the impact of changes.
We strive for high availability of hosted solutions and support services; specific uptime commitments, maintenance windows, and support SLAs will be agreed in the applicable statement of work or support agreement.
Usage Rules
When using Avenari services, you agree to follow these rules and to cooperate in resolving operational issues. The following list describes prohibited or restricted behaviours:
- Do not attempt to access systems, data, or code without proper authorization.
- Do not upload or distribute malware, bulk unsolicited communications, or content that violates rights of others.
- Follow agreed API usage limits and integration protocols; excessive or abusive requests may be throttled.
- Respect confidentiality obligations and do not disclose privileged project information externally without consent.
- Comply with export controls and sanctions; do not provide restricted data to jurisdictions or users where prohibited.
- Use test and production environments appropriately; do not mix sensitive production data into test systems without safeguards.
- Cooperate in incident response and remediation activities if a security or operational issue impacts shared systems.
User Content
User content means data, documentation, or materials you supply for use in services and development. Clear ownership and handling rules reduce project risk and support reuse scenarios.
You retain ownership of your input data and pre-existing intellectual property. Avenari retains ownership of pre-existing tools, frameworks, and components used across multiple clients, disclosed in proposals and invoices.
You grant Avenari a non-exclusive licence to use, copy, and process supplied materials to perform services. Where joint development occurs, ownership and licensing are set out in the project agreement.
You are responsible for the legality and accuracy of supplied content. Provide necessary consents and rights for any third-party materials included in project inputs.
Avenari may remove or disable access to user content that violates terms or law, with prior notice where reasonable. Backups and exports should be obtained in line with project exit procedures.
Intellectual Property
Intellectual property terms define what is owned, licensed, or transferred as part of a project. Standard practice distinguishes client-owned deliverables from Avenari-owned libraries, tooling, and methodologies that support multiple engagements.
- Do not reverse engineer proprietary Avenari tools provided under license without explicit permission.
- Do not claim ownership of Avenari pre-existing code or frameworks incorporated under licence terms.
- Respect third-party licence terms for any open-source or commercial components; notifications and credits are provided where required.
Paid Services
Paid services include custom development, managed hosting, support retainers, and professional consulting. Pricing and payment terms vary by engagement and are set out in proposals and invoices.
Quoted prices are based on stated scope, assumptions, and schedules. Case-based pricing scenarios (fixed, time & materials, milestone-based) are used to align incentives and manage project risk.
Payment terms are stated on invoices. For new clients, initial deposits or staged payments are common. Late payments may lead to suspension of services after notice and reasonable opportunity to remedy.
Subscription services (eg. managed hosting) renew automatically unless cancelled in writing per the subscription terms. Term lengths and renewal notices are stated in the relevant agreement.
Refunds are considered case-by-case and depend on the nature of the service, delivered work, and applicable contractual terms. Where credits or adjustments apply, they will be documented and issued according to agreed procedures.
Either party may cancel by following termination provisions in the agreement. Cancellation may trigger fees for work performed and reasonable wind-down costs; these are specified in the statement of work.
Clients are responsible for applicable taxes, duties, or withholdings. Avenari will invoice taxes where required by law and provide documentation as requested for tax reporting.
Avenari may adjust pricing for renewals or new scopes; we provide notice and rationale. For ongoing work, price changes are mutually agreed in writing before implementation.
Non-payment after notice may result in service suspension and collection actions. Avenari seeks to resolve billing disputes through discussion and documentation before escalation.
Disclaimer
Information, examples, and case scenarios provided by Avenari are for general business planning and illustrative purposes. They do not constitute professional advice for specific legal, business, or regulatory decisions. Clients should seek independent counsel for such matters.
Limitation of Liability
Avenari's liability for direct damages arising from our services is limited to amounts paid for the relevant services during the 12 months preceding a claim, except where law prohibits such limitation. We are not liable for indirect, consequential, or incidental losses to the extent permitted by law.
Third-Party Services
Where services depend on third-party platforms, APIs, or cloud providers, we act as facilitator. Third-party terms apply and may impose additional obligations or limitations; we advise clients of material third-party dependencies in proposals.
Termination
Either party may terminate an agreement for material breach if the breach is not remedied within a specified cure period. Termination rights, notice periods, and exit assistance obligations are set out in the applicable contract.
Upon termination, you must pay for work performed and reasonable wind-down costs. Avenari will provide deliverables and transition documentation as agreed, subject to payment of outstanding fees and return or secure disposal of confidential information.
Privacy and Data Protection
Avenari processes personal data in accordance with our Privacy Policy. Data processing necessary for service delivery, security, and legal compliance is described in the policy. Specific data handling obligations are detailed in data processing addenda where required.
Communications and Notices
Notices under these terms may be delivered electronically to the primary contact emails on file or via postal mail to Avenari, 16 Enggor Street, Singapore, 079717. Notices are effective upon receipt or as specified in the agreement.
Changes to Terms
Avenari may update these terms to reflect legal or operational changes. For material changes affecting existing engagements, we will provide notice and allow reasonable time for clients to review. Continued use after the effective date constitutes acceptance.
Governing Law
These terms are governed by and construed in accordance with the laws of Singapore. Parties submit to the non-exclusive jurisdiction of Singapore courts, unless otherwise agreed in writing in a specific engagement contract.
Dispute Resolution
Parties agree to attempt to resolve disputes in good faith through negotiation and escalation between senior representatives. If unresolved, disputes may be referred to mediation before pursuing litigation, subject to applicable contractual provisions.
