Terms of Service

Welcome to Avatardesk! By engaging with our services, you agree to the following terms and conditions. Please read them carefully.

1. Introduction

Avatardesk (“we,” “us,” or “our”) provides a range of digital services, including online marketing, web development, social media management, website hosting, graphic design, branding, logo creation, website management, and other subscription services (collectively, the “Services”). By using our Services, you agree to these Terms of Service (“Terms”).

2. Scope of Services

Online Marketing: Includes search engine optimization (SEO), pay-per-click advertising (PPC), email marketing, and related services. Paid advertising services cover platforms such as Facebook, Instagram, Google, TikTok, LinkedIn, and YouTube, including ad creation, campaign management, and performance analysis.
Web Development: Encompasses website design, development, and maintenance.
Social Media Management: Involves the creation, management, and monitoring of social media accounts.
Website Hosting: Provides server space, maintenance, and security for hosting websites.
Graphic Design: Covers the creation of visual content, including but not limited to brochures, business cards, and digital media.
Branding & Logo Creation: Involves designing brand identities, logos, and other brand-related materials.
Website Management: Includes ongoing updates, content changes, security monitoring, backups, and performance optimization for your website.
Virtual Assistants: Offers administrative, scheduling, communication, and other support services remotely to help you manage business tasks efficiently.
Search Engine Optimization (SEO): Enhances your website’s visibility on search engines through keyword research, content optimization, and link building.
Email Marketing: Develops and manages email campaigns, including content creation, list management, and analytics
Other Subscription Services: Encompasses any additional ongoing services we may offer, such as marketing tasks, content creation, and analytics reports.

3. User Responsibilities

You agree to provide accurate, complete, and current information as requested by us for the provision of Services.
You agree to use the Services in compliance with all applicable laws and regulations.
You agree not to use our Services for any unlawful or prohibited activities, including but not limited to distributing malicious software, phishing, or other fraudulent activities.
Communication & Project Scope Changes: You acknowledge and agree that we reserve the right to communicate and make changes to the scope of any project via text message, phone call, WhatsApp, or email. Any response from you via these communication channels will be considered binding and as an acceptance of the changes discussed.

4. Payment and Fees

Prepaid Basis: All Services are provided on a prepaid basis. Payments must be made in advance of the service provided.
Month-to-Month Terms: All Services are provided on a month-to-month basis unless otherwise specified. You may cancel at any time before the start of the next billing cycle.
Automatic Renewal: Unless canceled, your subscription will automatically renew each month, and you will be charged the applicable fees.
Late Payments: Failure to pay on time may result in suspension or termination of the Services. Reinstatement of Services may be subject to additional fees.
Fee Changes: We reserve the right to change our fees at any time, with reasonable notice provided to you.

5. Intellectual Property

All designs, content, and materials created by Avatardesk remain our intellectual property until full payment is received.
Upon full payment, you are granted a non-exclusive, royalty-free license to use the materials created specifically for you.
You are prohibited from modifying, reselling, or distributing our intellectual property without our explicit permission.
Portfolio Display: By using Avatardesk’s services, you grant us permission to use any completed work, including but not limited to website designs, logos, and graphic designs, as part of our portfolio on our website or other marketing materials. If you wish to opt out of this, please notify us in writing at the beginning of the project.
Attribution: Avatardesk reserves the right to place a ‘Powered By Avatardesk’ attribution link in the footer of any website we design, develop, or manage. This link may be removed upon request by the client, provided such request is made in writing before the final project delivery or website launch.

6. Limitation of Liability

Avatardesk is not liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use our Services.
We do not guarantee that the Services will meet your expectations or that any errors will be corrected.

7. Indemnity

You agree to indemnify, defend, and hold harmless Avatardesk, its affiliates, officers, agents, and employees from any and all claims, liabilities, damages, losses, or expenses (including reasonable attorney’s fees) arising out of or in any way connected with:

Your use of the Services.
Your violation of these Terms.
Any content you provide to us or make available through our Services.
Any claim that your use of our Services violates any third-party rights, including intellectual property rights.

8. Disclaimer of Warranties

The Services are provided “as is” and “as available” without any warranties of any kind, either express or implied.
Avatardesk disclaims all warranties, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

9. Termination

We reserve the right to terminate or suspend Services at any time, with or without cause, and with or without notice.
Upon termination, your right to use the Services will immediately cease.
If you cancel the Services before the end of the current billing cycle, your service will continue until the end of the period for which payment has been received.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Harris County, Texas, without regard to its conflict of law principles.

11. Dispute Resolution and Arbitration

Any dispute or claim arising out of or relating to this Agreement or the use of the Services shall, to the extent permitted by law, be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. It is important that you understand that by entering into these terms, you are waiving the right to a trial by jury or to participate in a class action. The arbitration shall take place in Harris County, Texas.
Each party shall bear its own costs in connection with the arbitration, and the arbitrator’s decision shall be final and binding. Judgment on the award may be entered in any court having jurisdiction.

12. No Class Actions

You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved only on an individual basis. You may not bring a claim against Avatardesk as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Arbitration or any other dispute resolution proceedings will be conducted only on an individual basis.

13. Choice of Venue

Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Harris County, Texas. You and Avatardesk agree to submit to the personal jurisdiction of such courts and waive any objections to the jurisdiction or venue of such courts.

14. Amendments

We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on our website. Your continued use of our Services after such changes constitutes your acceptance of the new Terms.

15. Contact Information

If you have any questions about these Terms, please contact us at: info@avatardesk.com.

By using Avatardesk’s Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and Privacy Policy (found here).