Terms & Conditions — AVI Lead Gen
Effective date: September 15, 2025
Last updated: September 15, 2025
Welcome. These Terms & Conditions (“Terms”) govern your use of AVI Lead Gen’s services (the “Services”). By engaging AVI Lead Gen (“we”, “us”, “our”), or by using our website at avileadgen.com, you agree to be bound by these Terms. If you don’t agree, don’t purchase our services or use the site.
AVI Lead Gen provides website, lead capture, booking and CRM integration services. We charge setup fees and optional monthly retainers. You’ll receive a Service Agreement and Statement of Work for projects over $X. We aim to deliver per agreed timelines; we provide warranties limited to our work and offer refunds only as described below. For legal or regulatory rights, see the full Terms below.
1. Definitions
Client / You — the person or business contracting with AVI Lead Gen.
Services — design, development, integrations, training, consulting, and related deliverables.
Deliverables — final assets we produce (webpages, templates, SVGs, configuration files).
SOW — Statement of Work describing scope, timeline, and pricing for a project.
Monthly Services — ongoing hosting, maintenance, updates, performance snapshots and retained services billed monthly.
2. Scope of Services
We provide website design & development, lead capture and booking integrations, CRM setup and automations, consulting and related services listed on our site. Each Project is governed by a Proposal or SOW which describes specific Deliverables, milestones, acceptance criteria and schedule.
3. Proposals, SOWs & Orders
All work begins with a Proposal or SOW which, when accepted in writing or by payment, becomes the binding agreement for that Project.
The SOW prevails over these general Terms if there is a conflict.
Minor pre-sales inquiries and discovery calls are free; any work outside the SOW must be quoted and approved.
4. Fees, Payment & Billing
Setup / One-time fees: Due per invoice; payment terms are specified on the Proposal (commonly 50% deposit, 50% on completion).
Monthly fees / Retainers: Billed monthly in advance (or as specified in the SOW). Minimum commitment terms may apply (e.g., 6 months).
Late payments: Invoices unpaid after the due date may accrue interest at 1.5% per month (or the maximum allowed by law) and may result in suspension of Services.
Payment methods: Card, ACH, or other electronic payment methods we support. All payments in USD unless otherwise agreed.
5. Taxes
Client is responsible for sales, VAT, GST, or other transaction taxes unless a valid exemption document is provided. AVI Lead Gen will charge taxes consistent with applicable law.
6. Changes, Additional Work & Estimates
Changes to scope requested after SOW acceptance will require a Change Order. We’ll quote additional fees and timelines for approval.
Estimates are valid for 30 days unless stated otherwise.
7. Delivery, Acceptance & Delays
We will use commercially reasonable efforts to meet timelines in the SOW.
Client must provide timely feedback and required assets (content, logins, approvals). Delays caused by Client may extend timelines.
Deliverables are accepted either by written sign-off or after a prescribed review period specified in the SOW. Lack of timely feedback constitutes acceptance.
8. Intellectual Property & License
Pre-existing IP: Each party retains ownership of its pre-existing intellectual property.
Deliverables: Upon full payment, AVI Lead Gen grants the Client a perpetual, worldwide, non-exclusive license to use the Deliverables for their business. We may retain the rights to templates, frameworks, and code libraries that are reusable across clients (our “Proprietary Tools”) — Client receives a license to use them as part of the Deliverables but not ownership of the underlying Proprietary Tools.
Third-party components: Licenses for third-party software (themes, plugins, fonts) are the Client’s responsibility unless otherwise stated. Client must comply with third-party license terms.
9. Confidentiality
Each party will keep confidential information disclosed by the other and use it only to perform obligations under these Terms. Confidential information does not include information that is public, already known, independently developed, or required by law to be disclosed. Confidentiality obligations survive termination for 3 years.
10. Data & Privacy
Client controls any personal data collected through the Deliverables and is the Controller of that personal data. Client must ensure lawful bases for processing and compliance with applicable privacy laws (GDPR, CCPA, etc.).
AVI Lead Gen (as processor) will follow Client instructions for processing and implement reasonable security measures. Processing details will be set out in the SOW or DPA if required. See our Privacy Policy for additional details.
11. Warranties & Disclaimers
Our warranty: We warrant that we will perform Services in a professional manner consistent with industry standards.
No other warranties: EXCEPT FOR THE EXPRESS WARRANTY ABOVE, ALL SERVICES AND DELIVERABLES ARE PROVIDED “AS IS” AND WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AVI LEAD GEN’S AGGREGATE LIABILITY FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY CLIENT TO AVI LEAD GEN FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM IN THE 12 MONTHS PRIOR.
IN NO EVENT WILL AVI LEAD GEN BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA OR BUSINESS INTERRUPTION), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Indemnification
Client will indemnify and hold harmless AVI Lead Gen and its affiliates from any claim arising out of Client’s breach of these Terms, Client-provided content (including claims of IP infringement), or Client’s misuse of Deliverables. AVI Lead Gen will defend Client against third-party claims alleging our negligence in performing Services (subject to the limitations in these Terms).
14. Termination & Suspension
Either party may terminate for material breach if the other fails to cure within 30 days after written notice.
We may suspend Services immediately if Client’s account is delinquent or if Client’s use poses security risk or legal exposure.
Termination does not relieve Client of payment for Services performed or owed amounts. On termination Client must pay outstanding fees and we will deliver any work completed upon payment.
15. Refunds & Credits
Projects: One-time setup fees are generally non-refundable once work has commenced. Refunds are at our discretion and will be detailed in the SOW.
Monthly services: Monthly fees are usually non-refundable. If we materially fail to provide Services, Client’s sole remedy is a pro-rata credit for the affected period.
Founding Client Program: Special refund or credit terms (if any) are described in the program agreement and the SOW.
16. Subcontracting & Third-Party Services
We may use subcontractors or third-party services (hosting, plugins, etc.) to deliver Services. We remain responsible for subcontractor performance. Clients must accept and comply with the terms of any third-party vendors used in the Project.
17. Support, Maintenance & Updates
Support scope and SLAs are defined in the SOW or monthly service agreement.
Small updates and bug fixes are covered for a limited period after delivery as specified in the SOW; ongoing support requires a monthly plan.
18. Founding Client Program — Special Terms
Founding Clients accept special pilot terms: limited seat counts, early-access features, pilot-specific credits, and feedback obligations in exchange for founding pricing. Specific terms (deliverables, timeline, refund windows) will be in the Founding Client SOW. Work will be performed per the program’s acceptance criteria. Founding Client data may be used in anonymized product improvement and aggregate reports unless the Client opts out in writing.
19. Governing Law & Dispute Resolution
These Terms are governed by the laws of [State/Country — insert your choice; e.g., Illinois, USA].
Parties will attempt to resolve disputes in good faith. If unresolved within 30 days, disputes will be resolved by binding arbitration (or litigation — choose one) in [your chosen venue]. (If you prefer mediation/arbitration language, advise and I’ll insert.)
20. Notices
Notices under these Terms must be in writing and sent to the addresses in the Order or SOW. Notices to AVI Lead Gen: support@avileadgen.com.
21. Miscellaneous
Assignment: Client may not assign the agreement without our prior written consent. We may assign to an affiliate or purchaser of business assets.
Force majeure: We are not liable for delays due to events beyond reasonable control (e.g., outages, acts of God, provider outages).
Severability: If any provision is invalid, the remainder remains in effect.
Amendment: We may update these Terms; material changes will be posted with an updated effective date and notice to Clients where appropriate.