The term "Added Value Applications" or ""Ava" or "us" or "we" refers to the owner of the website whose registered office is 74 Makins Rd, Henley on Thames, Oxon RG9 1PR. Our company registration number is 3181394 registered in England (United Kingdom). The term "you" refers to the user or viewer of our website.
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.
Put simply: your data is as secure with us as it is abosutely anywhere on the internet (in the cloud). It is significantly more secure than the overwhelming majority of other places.
Why? Our services are hosted by Microsoft who were the first company to adopt, be independantly audited and achieve the most stringent ISO 27018 standard for data security including GDPR. This is the standard for government organisations and suppliers to government organisations such as NHS trusts. Microsoft cloud services will include commitments to maintain GDPR compliance when enforcement begins.
Your “people” data comes into two categories.
You can (and probably should for transparency) publish your data retention policy on an employee T&Cs page on your own web site listing the data you will retain (for example Name, Address, email, phone, date of birth, NINO, date of application etc.) and that it can be explicitly deleted on their written request provided they have not worked for you. If they have worked for you then their data will be retained in line with legal obligations. Such a policy can be as simple as the words above and you have our permission to use this phrasing, replacing "etc." with your own list headings.
We are providing hosting for such information. As long as there is a valid agreement between us, we will maintain your data, backed up every 5 minutes (via Microsoft services) with what is acknowledged as the highest level of security available and reasonably achievable anywhere on the internet.
We are legally obliged to delete any Microsoft hosted data once such agreement is terminated by you. Microsoft requires that their services are paid in advance. It is therefore essential that your customer account is always fully up to date. Ceasing licence payments implies you have actively terminated your contract. If for any reason your account is not up to date (for example your bank is experiencing technical difficulties), you need to contact us immediately. Especially if you are a start-up we will do our best to help. We can only maintain your data as long as you are a current valid customer. This is a direct consequence of GDPR.
You can and should use the reports available to maintain copies of employment data.
We provide one to one and one to a few (up to 4) low cost training to optimise the swift adoption of our service.
We recognise that many of our customers are small businesses with limited staff. We can and do change training dates and times at short prior notice without charge.
In the event that any training session is missed without prior notice then the session becomes additionally chargeable as is usual business practice in these circumstances. We support all those individuals who have been put forward and been part of preceding training sessions. If an additional individual is added to training requirements then the additional re-cap sessions are also by default chargeable. Waiving these any of these charges is entirely at our discretion.
Our price structure is probably the lowest for the comprehensive features and performance we provide. We achieve this by customer accounts being up to date at due payment dates.
Payments for our Ava Advanced Agency Web software and services are strictly in advance. Hosting is currently with Microsoft with data residing at their UK South Data centre. Existing customers may be billed for supplemental services on completion of such services or in stages are per individual agreements. Any commitments to pricing structures are predicated on payments being made by the due date. Late payments may incur interest at current commercial rate plus legally recognised charges and ultimately may lead to increased licence cost to cover administration costs in future.
Licence variations. Licence for NHS trusts are provided on an annual payment basis. Any licences for increase in the number of users will be invoiced on a pro rata basis for the remainder of the Licence year. Licences for Agency customers will be invoiced monthly in advance including any period in the customer’s payment terms.
Thus if licences are due on the 24th of the month and the customers payment terms are 14 days from invoice date, the invoice date will be the 10th of that month and will be sent in the preceding week. Licences are required for the maximum number of users within the licenced Month. Any increase in users must be notified to Ava Finance department immediately. Subsequent invoices will then be adjusted.
If the number of licences required reduces (for example from natural wastage and increased productivity through use of our product) the licence numbers can be reduced providing Ava Finance department is notified prior to the issue of any Invoice. It is entirely the customer’s responsibility to ensure notifications occur in a timely fashion.
Once notified of any increase in user licences required, customers may access that number of licences entirely without penalty until the next invoice which will be for the notified number.
In the case of a reduction, any subsequent reduction will occur in the month following the notification.
Ava undertakes to provide their services within 5 to 10 working days of the initial payment for the designated services. Training will then occur on a mutually agreed date usually within a further 10 working days and not more than one month after the initial payment unless specifically agreed in advance. The first agreed training date will mark the commencement of the full service and the second monthly licence will be due one calendar month after this date. Licences with then be payable on a one calendar month recurring basis. Any exceptions will be specifically agreed in advance on an instance by instance basis. All recurring payments should be made on the due dates by standing order.
Our products are provided with a three week refundable trial period offer commencing from the first agreed day of training. The refunds extend to users licences and training. Refunds do not cover bespoke setup or customisation charges. During this period customers are expected to have made reasonable efforts to use the software: this includes entering and allocating shifts, approving timesheets and been available for agreed training times. Failure to do either will invalidate refund offer. Contact numbers must be agreed so that emergency cancellations can be reasonably accommodated. As training dates are arranged by mutual consent and being on line can be carried out at any location, failure to be available for such sessions will invalidate the refund offer.
We reasonably expect that any customer will have satisfied themselves that the product and features they have selected fully meet their needs in respect of their intended use.
In the event of any future technical failure we reserve the right at our sole discretion and without obligation to grant a maximum of one month free usage as compensation for any failure during the preceding month or alternately to provide free usage of a feature until the specified failure is resolved. We will require prompt email notification, notification via our web site or notification via any mobile app of any such failure within a 48 hour period of any customer experiencing any such failure with a description of the failure and the period over which the failure was experienced. We may also require assistance from the customer to help us resolve and prevent any such future failure for us to grant a free usage period.
In the unlikely event of a customer not wishing to proceed with the product we may at our sole discretion and without obligation refund a maximum of one month's payment. Following such a refund any further trail periods will be granted at our sole discretion and without obligation.
After payment of an initial 6 user licences, you may cancel your Ava account at any time. You should use the reporting features in Ava to download and securely store any information you need to retain for business or legal reasons. Your database of information will be deleted one month after last use. Your account details will be retained for a minimum period of 3 months to prevent unlimited free trial periods being activated and for necessary legal retention of customer transaction information. You may contact us in the event of any particular circumstances arise where this would be inappropriate.
Ava software is available for use via links from the Ava website or where you have the fully customised or standalone versions downloadable from the Ava web site. There are no charges for these downloads, however you must have an appropriate account to do so.
Some of our services rely on products (Microsoft) from US based companies where costs are calculated dollars or other rates. In addition we may be entering into a period of higher inflation. On a customer by customer basis, provided that all payments are received by their due date, we undertake not to increase our charges beyond the rates of inflation that apply to each service we provide.
These terms may be modified without notice at any point for any reason. (In practice they were historically reviewed on or about an annual basis). Customers are advised to check for updates on a monthly basis.