Welcome to Availyourbusiness (“we”, “our” or “us”). These Terms & Conditions (“Terms”) govern your use of our website, digital marketing services, and any other service we offer to our clients (collectively, the “Services”).
1. Definitions
In these Terms:
- “Client” means any business entity or individual engaging Availyourbusiness for Services.
- “Services” means the digital marketing, SEO, email marketing, consulting, analytics and related services we provide.
- “Agreement” means any contract, proposal or written document that sets out the scope, deliverables, fees and terms for Services.
2. Scope of Services
The Services provided by Availyourbusiness will be as set out in the Agreement between the parties. Each Agreement includes a description of deliverables, timelines, fees and other specific terms. These Terms apply to the Agreement unless expressly varied in writing.
3. Use of Website
When you access or use our website or any associated platform, you agree to comply with all applicable laws and regulations. You must not:
- Use the website for any unlawful or fraudulent purpose.
- Interfere with or disrupt the website’s security or operation.
- Copy, reproduce or create derivative works of website content without our express written permission.
4. Engagement & Payment Terms
Unless otherwise agreed in writing, the following apply:
- An Engagement is initiated via a signed Agreement or purchase order.
- Payment terms are as set out in the Agreement. Late payments may incur interest, service suspension or liability for recovery costs.
- All fees exclude taxes unless stated. You are responsible for applicable taxes in your jurisdiction.
5. International Services
Our Services may be provided internationally. If you are located outside our jurisdiction, you agree that:
- You are responsible for any duties, taxes, foreign exchange, regulatory or compliance issues in your country.
- The Services are provided on a cross-border basis and you will comply with all applicable import/export, sanctions and data transfer laws.
6. Intellectual Property & Use Rights
Unless otherwise agreed, Availyourbusiness retains ownership of all materials, methodologies, designs and content created in connection with the Services until full payment is received. Upon payment we grant you a limited, non-exclusive licence to use deliverables for your business operations as set out in the Agreement.
7. Confidentiality & Data Protection
Both parties agree to keep confidential any non-public information exchanged in connection with the Services. We comply with applicable data protection laws (including EU GDPR and other relevant regimes). Our Privacy Policy outlines how we collect, process and store personal data.
8. Warranties & Disclaimers
Availyourbusiness warrants that we will provide the Services with reasonable care and skill in accordance with industry standards. Except as expressly provided, all other warranties (implied or statutory) are excluded to the fullest extent permitted by law.
9. Limitation of Liability
To the maximum extent permitted by law:
- Our total aggregate liability under or in connection with each Engagement shall not exceed the total fees paid by you under that Engagement.
- We shall not be liable for any indirect, incidental, special or consequential loss, including loss of profits, revenue, data or business interruption.
10. Termination
Either party may terminate an Engagement in accordance with the terms set out in the Agreement. On termination you must pay any outstanding fees and return or destroy any confidential materials belonging to the other party.
11. Force Majeure
Neither party shall be liable for any delay or failure to perform its obligations under the Engagement where such delay or failure is due to causes beyond reasonable control (e.g., acts of God, war, terrorism, pandemic, technical failure).
12. Governing Law & Dispute Resolution
These Terms and any Agreement shall be governed by and construed in accordance with the laws of the State of New York, USA. The parties agree to submit to the exclusive jurisdiction of the courts of New York County, unless otherwise agreed in writing.
13. Amendments
Availyourbusiness may amend these Terms from time to time. The version posted on our website will indicate the “Last Updated” date and any changes will take effect upon posting.
14. Severability
If any provision of these Terms is held invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.
15. Entire Agreement
These Terms, together with the Agreement and any other referenced documents, constitute the entire agreement between the parties and supersede all prior agreements, understandings or communications.
Last Updated: November 2025