Terms & Conditions

Terms of service for using our website and engaging our services

Last Updated: December 2024

These Terms and Conditions ("Terms") govern your use of the American Brivision (Holding) Corporation website and services. By accessing our website or engaging our services, you agree to be bound by these Terms.

1. About American Brivision (Holding) Corporation

American Brivision (Holding) Corporation is a technology services company providing IT solutions, consulting, and support services to businesses. We are based in Goshen, New York, and operate under the laws of the State of New York.

2. Service Descriptions

Custom Software Development

We provide custom software development services including web applications, mobile applications, enterprise software, and system integrations.

Cloud & DevOps Services

Our cloud services include migration planning, infrastructure setup, DevOps implementation, and ongoing cloud management.

Cybersecurity & Compliance

We offer security assessments, compliance consulting, incident response planning, and ongoing security monitoring services.

Data Engineering & AI Solutions

Our data services include data pipeline development, analytics implementation, machine learning solutions, and business intelligence systems.

IT Strategy & Consulting

We provide strategic technology consulting, digital transformation guidance, and IT planning services.

Managed IT Support

Our support services include help desk support, system monitoring, maintenance, and technical assistance.

3. Acceptable Use

When using our website or services, you agree to:

  • Provide accurate and complete information
  • Use our services for lawful business purposes only
  • Not attempt to gain unauthorized access to our systems
  • Not interfere with or disrupt our services
  • Respect intellectual property rights
  • Comply with all applicable laws and regulations

4. Service Engagement Process

Initial Consultation

All service engagements begin with a consultation to understand your requirements and determine project scope.

Proposals and Agreements

We will provide detailed proposals outlining scope, timeline, deliverables, and pricing. Services commence upon signed agreement and initial payment.

Project Management

We use established project management methodologies and provide regular updates on project progress.

5. Payment Terms

  • Payment terms are specified in individual service agreements
  • Payment schedules may include upfront deposits and milestone-based payments
  • Late payment fees may apply as specified in service agreements
  • All prices are quoted in US Dollars unless otherwise specified

6. Intellectual Property

Client Intellectual Property

You retain ownership of your existing intellectual property and data provided to us for service delivery.

Work Product

Unless otherwise specified in service agreements, you will own custom work products created specifically for you. We retain rights to general methodologies, tools, and know-how.

Pre-existing IP

We retain ownership of our pre-existing intellectual property, methodologies, and tools.

7. Confidentiality

We maintain strict confidentiality regarding:

  • Your business information and data
  • Project details and requirements
  • Proprietary information shared during engagements
  • Any information marked as confidential

8. Warranties and Disclaimers

Service Warranties

We warrant that our services will be performed with professional skill and care consistent with industry standards.

Disclaimer

EXCEPT AS EXPRESSLY STATED, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • Our total liability shall not exceed the fees paid for the specific service giving rise to the claim
  • We shall not be liable for indirect, incidental, consequential, or punitive damages
  • We shall not be liable for data loss, business interruption, or lost profits
  • These limitations apply regardless of the theory of liability

10. Indemnification

You agree to indemnify and hold us harmless from claims arising from:

  • Your use of our services
  • Your violation of these Terms
  • Your violation of applicable laws
  • Content or data you provide to us

11. Termination

Termination by Either Party

Either party may terminate service agreements with written notice as specified in individual agreements.

Effect of Termination

Upon termination:

  • Payment obligations for completed work remain
  • Confidentiality obligations continue
  • We will provide transition assistance as agreed
  • You will receive deliverables for completed work

12. Force Majeure

We shall not be liable for delays or failures due to circumstances beyond our reasonable control, including natural disasters, acts of government, labor disputes, or technical failures.

13. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of New York, United States. Any disputes shall be resolved in the courts of New York State or federal courts located in New York.

14. Dispute Resolution

We encourage resolving disputes through direct communication. If necessary, disputes may be resolved through:

  • Good faith negotiation
  • Mediation by a mutually agreed mediator
  • Binding arbitration if specified in service agreements

15. Modifications

We may update these Terms periodically. Continued use of our services after changes constitutes acceptance of the updated Terms.

16. Severability

If any provision of these Terms is found unenforceable, the remaining provisions shall continue in full force and effect.

17. Entire Agreement

These Terms, together with applicable service agreements, constitute the entire agreement between parties regarding the subject matter.

18. Contact Information

For questions about these Terms, please contact us:

  • Email: contact@americanbrivisioncorporation.shop
  • Phone: +1 845-551-8728
  • Address: 11 Sawyers Peak Dr, Goshen, New York 10924, US