Terms and Conditions of Use
Effective Date: 09/28/2025
These Terms and Conditions (“Terms”) govern all access to and use of the website, services, and transactions of AvalonERP, LLC (“AvalonERP,” “we,” “our,” or “us”). By visiting our website, engaging our services, or purchasing from us, you (“Client,” “Customer,” or “User”) agree to be legally bound by these Terms.
1. General Use
1.1. These Terms apply to all visitors, users, and customers of AvalonERP, whether engaging online or offline.
1.2. By accessing our website or services, you confirm you are at least eighteen (18) years of age or the legal age of majority in your jurisdiction.
1.3. AvalonERP reserves the right to amend these Terms at any time. Continued use of our services constitutes acceptance of any changes.
2. Services and Purchases
2.1. AvalonERP provides enterprise resource planning (“ERP”) implementation, consultation, development, and related professional services.
2.2. All sales of services, deliverables, or products are final. No refunds, cancellations, or chargebacks will be honored under any circumstances once an order, project, or service has commenced.
2.3. By purchasing from AvalonERP, the Client acknowledges and agrees to this strict No Refund Policy.
3. Payment Terms
3.1. Unless otherwise stated in writing, all invoices are due upon receipt.
3.2. Late payments shall accrue interest at one and one-half percent (1.5%) per month, or the maximum allowed by law, whichever is lower.
3.3. The Client shall reimburse AvalonERP for all fees, costs, or expenses (including reasonable attorneys’ fees and collection agency fees) incurred in recovering overdue amounts.
3.4. The Client agrees not to dispute, reverse, or withhold any payment through chargeback, bank dispute, or similar action. Any such attempt will constitute a material breach of these Terms, entitling AvalonERP to immediate suspension of services and pursuit of all available remedies.
4. Intellectual Property
4.1. All intellectual property rights in AvalonERP’s software, documentation, deliverables, and services remain the exclusive property of AvalonERP unless expressly transferred by written agreement.
4.2. The Client receives only a limited, non-exclusive, non-transferable license to use deliverables solely for its internal business purposes.
4.3. Unauthorized use, reproduction, distribution, or reverse engineering of AvalonERP intellectual property is strictly prohibited.
5. Confidentiality
5.1. Both parties agree to maintain the confidentiality of all non-public business, financial, technical, or operational information disclosed in the course of engagement.
5.2. Confidential information does not include information that is (a) public, (b) independently developed, or (c) lawfully obtained without restriction.
6. Limitation of Liability
6.1. To the maximum extent permitted by law, AvalonERP disclaims all liability for indirect, incidental, special, punitive, or consequential damages, including but not limited to lost profits, lost data, or business interruption.
6.2. AvalonERP’s total liability for any claim shall not exceed the total amount actually paid by the Client to AvalonERP for the specific service giving rise to the claim.
6.3. The Client assumes full responsibility for ensuring the suitability of AvalonERP’s services for its intended business use.
7. Dispute Resolution
7.1. The parties shall first attempt to resolve disputes in good faith through direct negotiation.
7.2. If negotiation fails, all disputes shall be resolved exclusively by binding arbitration in Manhattan, Kansas, administered under the rules of the American Arbitration Association.
7.3. Class actions, collective claims, or representative proceedings are expressly waived.
8. Governing Law
8.1. These Terms shall be governed by and construed in accordance with the laws of the State of Kansas, without regard to conflict of law principles.
9. Termination
9.1. AvalonERP may suspend or terminate services immediately upon any breach of these Terms by the Client, including but not limited to failure to pay or misuse of deliverables.
9.2. Termination shall not relieve the Client of outstanding payment obligations.
9.3. Sections concerning Intellectual Property, Confidentiality, Limitation of Liability, Dispute Resolution, Governing Law, and No Refund Policy shall survive termination.
10. Entire Agreement
10.1. These Terms, together with any written agreements, invoices, or order forms issued by AvalonERP, constitute the entire agreement between the parties and supersede all prior discussions or understandings.
10.2. No waiver or amendment shall be binding unless in writing and signed by AvalonERP.
By using our website, purchasing from AvalonERP, or engaging our services, you expressly agree to these Terms and acknowledge that all sales are final, with no refunds, cancellations, or chargebacks permitted.