Terms and Conditions

TERMS AND CONDITIONS - DISCLAIMER
NO LEGAL ADVICE, ATTORNEY-CLIENT RELATIONSHIP, OR CONFIDENTIALITY:

Legal assistance (defined below) from us or use of the Avanta website and other social sites like FacebookLinkedInTwitter, YouTubeBlogs, and others (“Web & Social sites“) is subject to the terms and conditions, the disclaimer, and the privacy policy (collectively the “Terms”) set forth below. Legal Assistance by us or if you access the Web & Social sites, either is an acknowledgment by you that these Terms, as amended from time to time, are read and accepted by you. The Web & Social sites are owned and operated by Dana Ball PLLC, d/b/a Avanta (“Firm,” “we,” “our,” “us”).

The information provided on the Web & Social sites is offered purely for informational purposes.  It is not intended to be a source of advertising, solicitation, or to create or promote an attorney-client relationship. It does not constitute and should not be relied upon as legal advice.  It is not intended to seek professional employment in any state where lawyers in the firm are not admitted to practice or in any state where the Web & Social sites would not comply with applicable requirements concerning advertisements and solicitations.  We intend to make every attempt to keep this information current. We do not guarantee that the information is correct, complete, or up-to-date. Internet subscribers and online readers should not act based upon this information without seeking professional counsel from an attorney admitted to practice wherever you, the reader, are located. Further, any client testimonials found on the Web & Social sites are from actual client experiences working with our firm and do not promise or guarantee any certain outcome about your legal questions.

Transmission of information from the Avanta Web & Social sites is not intended to create, and its receipt does not constitute, an attorney-client relationship with Avanta or any of its attorneys or personnel. If you elect to communicate with the firm, or any of its attorneys, through the Web & Social sites, do not transmit any information about any matter (and particularly not any confidential information) that may involve you until the firm has agreed to assist you. Unsolicited information that you send to us will not be treated as confidential.

While we do implement several security measures, due to the unsecured nature of the internet, Avanta, cannot guarantee that information transmitted in that fashion to us will not be intercepted and used by a third party. For your convenience, a contact phone number is provided here (801) 851-5502 so that you can communicate confidentially and securely.

TERMS AND CONDITIONS - LEGAL ASSISTANCE

If you have hired us for “legal assistance” such as, but not limited to, the following “Services“: i) advice and consultation on general business practices, (ii) contracts, (iii) forming legal entities, (iv) maintaining legal entities, (v) business partnerships, (vi) business purchases, (vii) employee obligations, etc. then the following applies whether the legal assistance is paid or not:

PLEASE READ THIS CAREFULLY! The Terms included here protect both you and us.  The Terms are intended to prevent misunderstandings. Do not schedule a consultation or hire us for Legal Assistance until you have read the Terms thoroughly and you are sure you understand your obligations and our obligations.  Once you schedule a consultation or hire us, you acknowledge that we have a formal legal contract for the Services.  If you do not understand the Terms, please let us know immediately!  You have an absolute right to discuss the Terms with independent counsel (or any other advisor), and we encourage you to do so.

Authority to Consent to the Legal Assistance. You represent and warrant that you are authorized and have the legal capacity to “Consent” to the Legal Assistance we agree to provide. You intend to be legally bound by your Consent, and you are aware that we will rely on your Consent, and you waive any defenses to the enforcement of these Terms based on the form of Consent.

Fees.  We charge fixed Fees for our Services which means we do not charge by the hour.  This way, you will always know what to expect and how much our Services will cost, with no surprises.  For the Fees we charge, we are not obligated to perform any work outside of the Services you order.  Generally, costs are built into the Fees, but you will be notified ahead of time if there are additional costs that you agree to cover.

Communication Caps.  Since our Fees are fixed, not hourly, we will have allotted a set amount of time for communication between us depending on the Services you order.  Communication includes phone calls, emails, text messages, and zoom calls regarding your Services, but the communication could be with another party such as the state, another attorney, your CPA, etc.   We will notify you if you are close to the communication cap for your Services.  You agree to take care of any additional Fees as requested for the communication time required to fulfill the Services.

Scope of Work.  By hiring us for Legal Assistance, you agree to pay the Fees and Services identified in a “Payment Request” we email you.  We will not perform any work until you pay the Fees in full.  The Fees for the Services are fully earned by us and belong to us upon substantial completion of work.

Additional Services. You may decide to hire us for other Services. If we agree, then for each additional service, you will receive an emailed payment request as stated above under Scope of Work. 

Payment of Fees.  To submit payment, you are required to provide “Payment Information,” such as your credit card or bank account (“Card”) information, and additional information may be required, such as your email address, name, and mailing address.

Authorized User. You acknowledge that the origination of payment transactions to the Card must comply with the provisions of U.S. law. You certify that you are an authorized user of the Card used to pay the Fees, and you will not dispute these payment transactions with your bank or credit card company so long as the transactions correspond to the Services you order.

Third-Party Payment Vendor. You understand and agree that your Payment Information is collected and processed by a “Third-party Payment Vendor” under the terms and conditions of the Third-party Payment Vendor’s privacy policies and terms of use. You agree that the Third-party Payment Vendor, not the Firm, is solely responsible for your Payment Information. We will not be liable for any damages, claims, or liabilities arising from your Payment Information.

If Payment Fails. If a charge is declined or returned for insufficient funds (“Failed Payment”), you understand that additional attempts will be made to process the payment. However, if the additional attempts continue to result in a Failed Payment, you will have seven (7) days from our notice of the Failed Payment to pay the due amount. An additional thirty-dollar ($30) charge will be initiated for each Failed Payment as a separate transaction from the authorized payment.

Effective Date. The date that you schedule a consultation or the date that we email a Payment Request is the “Effective Date” of these Terms for Legal Assistance.  This Legal Assistance will not take effect, and we will have no obligation to provide any legal assistance or services until you pay the Fees.  If applicable, upon payment of the Fees, the Effective Date will be retroactive to the date we first perform the Services.

Utah Law. The Firm employs attorneys licensed in Utah to provide legal assistance. We also employ other attorneys, paralegals, legal assistants, clerks, interns, and other office personnel. You acknowledge that Avanta only provides Services that involve the application of Utah law.

No Conflict of Interest.  You understand that we assist many small businesses related to their business practices.  You agree that we may provide such assistance to other small businesses that are not substantially related to our work for you or any of your affiliates, even if such assistance is directly adverse to your business.

Potential Conflicts of Interest.  You understand that we often work with the members and shareholders of legal entities.  However, each individual and each legal entity represents a potential “Conflict of Interest,” and we require you to sign a “Waiver of Conflict” between yourself, the individual owner, and the legal entity.  Or another example is when the legal entity has multiple owners, the Waiver of Conflict may be between all owners and the legal entity.

Waiver of Conflict.  You understand that although your interests with others may be the same initially, it is not uncommon for circumstances to change and cause a divergence of interests between you and others. We ask you to resolve your differences among yourselves without our assistance. If you cannot resolve your differences, our ethical obligations may require us to withdraw from the Services altogether.  You agree to comply with all requests to electronically sign a Waiver of Conflict that we discover is necessary to proceed with our Services. 

Confidentiality. In assisting you, we may receive nonpublic personal information about you, your business, and possibly personal information regarding your company officers, directors, shareholders, managers, members, or employees. All such information will be held in strict confidence and will not be disseminated to any person or entity outside the Firm without your consent unless such disclosure is required under the applicable law.

Client Files.  We may store some or all of your Client Files on various platforms, including third-party cloud-based servers. Although we take every precaution to ensure the data and these servers are encrypted and secure, there is still a risk that your confidential or privileged information may be disclosed. You consent to the use of such storage services for your Client Files.

Communication. We communicate with clients through personal interviews, telephone calls, video calls, Emails, text messages, and sometimes letters. We record our telephone and video calls to provide you with the best service possible (“Recordings”). These Recordings help us track specific requests and needs from the Client. All such communication data will be kept confidential. You acknowledge, authorize and consent to such Recordings.

  • Video Calls. Instead of in-person meetings at our offices, we schedule “video calls” over Zoom. For most legal assistance, we will have video calls that last a minimum of a 30-minutes, but some services include a more extended video call. 
  • Email. Electronic mail (“Email”) is not considered a secure means of communication. Still, due to convenience and timeliness, we use Email as the primary means of written communication with clients. The data shared via email is encrypted and secured using industry-standard 128-bit SSL encryption. If you feel that communication regarding your business matters is too sensitive to be sent via Email, please let us know immediately. We will only communicate by using a secure portal. Otherwise, you consent to share your data by Email.
  • Primary Point of Contact. Our primary point of contact regarding this matter will be the person who contacted us. However, if there is more than one person involved with the Services ordered, you agree to assign a single point of contact to coordinate communication between you and us.
  • Newsletter. You consent to receive delivery of electronic newsletters and other communications from us or an entity affiliated by ownership with us. We will never share your Email address with any unaffiliated third party. You may opt out of our newsletter mailing list at any time by using the “unsubscribe” link at the bottom of any “newsletter” email.

Your Cooperation. You acknowledge that our ability to provide the Services depends upon your complete and timely cooperation and the accuracy and completeness of any information and data you provide (“Requests“).  Accordingly, with such Requests, you will:

  • Respond to the questionnaires we send you and any emails that have specific requests for information;
  • Respond to requests for your electronic signature and any affiliated parties’ electronic signatures;
  • Provide complete and accurate information;
  • Keep us informed of contact information, cell numbers, physical and mailing addresses, and email addresses.
  • Keep us informed of any changes in the ownership of your legal entities.
  • Cooperate promptly and thoroughly with all reasonable requests.

Our “Ready” Schedule.  We begin working on client projects in the order they are added to the “ready” schedule. Your Services will be added to the “ready” schedule once you fulfill our Requests.  Our turnaround time depends on the progress of other projects in our current workload.  We will notify you when you have been added to our “ready” schedule.

Delays.  We don’t like bugging you, but you understand that we may be delayed fulfilling the Services if you fail to respond to our Requests (“Delay”). For Delays that last ninety (90) days from the last date we issued such Requests, your Services may be paused (“Paused Services”), and we may stop working on your Services.  We will continue to check in with you, but you agree that resumption is subject to our approval and current workload when you wish to continue with the Services following such a Delay.

No Guarantees. You acknowledge that we have made no promises, representations, or guarantees to you. Our opinions are limited only to opinions based on our experience and judgment. We have no continuing obligation to advise you concerning future legal developments.

No Litigation. You understand that we do not handle any litigation matters. If you have issues requiring litigation, we can assist you in finding an attorney to handle the litigation matter.

No Tax Advice. We do not offer tax advice, and any tax guidance you require is beyond the scope of our Services. We specifically disclaim any representations or advice, express or implied, without limitation, any representations or advice concerning your taxes, including personal and business taxes. You agree to consult with your tax advisor to ensure that you fully understand the tax ramifications of any decision regarding our Services, the terms included in any documents we prepare for you, selling and purchasing ownership of a business, and any legal entities we set up for you.

Your Right to Terminate Representation. You may terminate our Services anytime by notifying us in writing. Upon receipt of such “Client Notice to Terminate” representation, we will immediately stop all work on your behalf.

Our Right to Terminate Services. We only want to provide services that we believe benefit our clients. Therefore, the Firm reserves the right to decline representation of you or to terminate its Services (to the extent permitted by the ethical and court rules) you have ordered if we determine, in our sole discretion, any of the following:

  1. The Services are inappropriate for your circumstances.
  2. The Services are beyond the Scope of Services we provide.
  3. You breach any material term of this Agreement.
  4. You fail to cooperate or follow our advice on any matter.
  5. If a conflict of interest develops or is discovered.
  6. In our opinion, if there exists any fact or circumstance that would render our continuing assistance unlawful, unethical, or otherwise inappropriate.

If we decide to terminate our Services, we will notify you by Email or U.S. Postal Service that we are terminating the Services effective on the date of dispatch (“Firm Notice to Terminate”).

Upon either a Client Notice to Terminate or a Firm Notice to Terminate, you agree to take all steps reasonably necessary and to cooperate as reasonably required to free us of any further obligation to perform the Services, including the execution of any documents. While we are not obligated to do so, at the time of termination, we may suggest other attorneys that would be a better fit for the Services that we believe are more appropriate for your circumstances.

Fees and Costs if Services are Terminated Early. If either party terminates Services before we complete the Services, you may be entitled to a refund of all or part of the Fees based on the value of the Services performed before termination. This means that you are responsible for our time spent working on the Services at the rate of $425 an hour (“Hourly Fees”) and any expenses incurred on your behalf before the Client’s Notice of Termination or before the Firm Notice of Termination. Within sixty (60) days of such termination, we will send you a “Closing Statement” that will set forth the Hourly Fees and expenses you owe. The Fees you paid will be applied to the balance due. A refund check will be issued if there’s any credit remaining after applying the Fees. If there’s a balance due after using the Fees, that is due and payable upon receipt of the Closing Statement.

No Refunds For Strategy Calls.  If you schedule a Strategy Call and fail to show up or cancel anytime before the call, there is no refund. By scheduling, you have decreased our availability for other clients to schedule.  Also, a new Strategy Call will need to be scheduled if we run out of time while on the call.  For example, if you schedule a 15-minute Strategy Call but the question cannot be answered in 15 minutes, then you will need to schedule another Strategy Call to continue discussing your question.

Collection Costs. Suppose it becomes necessary for the Firm to hire an attorney to collect unpaid Hourly Fees and other costs incurred by you. In that case, you agree to pay all such costs of collection, including any Hourly Fees, other attorney fees, and costs (“Collection Costs”) incurred by the Firm on appeal, if any (whether incurred by an attorney employed by the Firm or employed by a different law firm). If the Firm elects to file a civil action to collect such Collection Costs, you agree that the venue for such action will be in Utah County, in the state of Utah.

TERMS AND CONDITIONS - PRIVACY POLICY

This Privacy Policy describes how Avanta collects, uses, and discloses certain personal information obtained through our Web & Social sites.

What Information We Collect and Maintain About You
You can visit our Web & Social sites without telling us who you are or sharing any information that personally identifies you (“Personally Identifiable Information”). However, throughout our Web & Social sites, you may voluntarily submit Personally Identifiable Information. Avanta only collects Personally Identifiable Information about you if you share it with us (“Contact“). For example, you may download one of our free forms or subscribe to one of our blogs or YouTube channels by entering and submitting your email address. You may also choose to provide Personally Identifiable Information by contacting an individual working for Avanta via an email address provided in a hyperlink. Personally Identifiable Information may include but is not limited to your name, email address, physical address, and phone number.

In addition, like many Web & Social sites, we gather certain information about our Web & Social site traffic for administrative and analytical purposes.

How We Use Your Information
We use your information to administer services and to improve our Web & Social sites. Our primary use of personal information is to respond to requests for information, promote the smooth and efficient administration of the Web & Social sites, and provide you with information that may interest you or your business. We provide this information through the Web & Social sites, email, or postal mail. We may also provide you with marketing information we think would be of particular interest unless you have opted out of receiving such information. We will allow you to opt-out of receiving such direct marketing communications.

Whom We Share Your Information With
We use various third parties to operate the Web & Social sites, including, for example, our providers of professional, consulting, marketing, communications, and business development services. We may disclose personally identifiable information to such entities as needed for them to perform their specific tasks under our instructions, subject to these Terms. In addition, we may disclose information that you expressly authorize; as required by law, or when we believe that such disclosure is necessary in connection with a judicial proceeding or to comply with a court order, law, or regulation applicable to us or the Web & Social sites; as we reasonably determine to be necessary to protect our property or assert our legal rights; or as we reasonably determine to be necessary to protect the property or safety of any other person. We may assemble collective, non-individually identifiable profiles of the Web & Social site users and their activities and interests, which may be disclosed to third parties at our discretion.

Choice
To opt-out of receiving email communications from us or to be removed entirely as a registered user of our Web & Social sites, notify us at hello@avantabizlaw.com

How You Can Access or Correct Your Information
If you have created a user account on our Web & Social sites, we will provide access to your information upon request so you may view, update or correct it. To protect your privacy and security, we also employ measures to verify your identity before granting you access or enabling you to make corrections.

External Links
Business and legal professionals have compiled and structured the links provided on the Web & Social sites to facilitate various research needs. The Web & Social sites contain links to third-party websites. You will leave the Web & Social sites if you use these links. We have not reviewed these third-party sites and do not control and are not responsible for any of these sites, their content, or their privacy policy. Thus, we do not endorse or make any representations about them, any information, software, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any third-party sites listed on our Web & Social sites, you do so at your own risk.

Our Commitment to Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we employ physical, technical, and administrative procedures to safeguard the personal information we collect online. However, we cannot ensure or warrant the security of any information you transmit to the Web & Social sites or us, and you transmit such information at your own risk.

Cookies
We use “cookies” on the Web & Social sites. A cookie is a small data file that certain websites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the Web & Social sites use to track the pages you’ve visited. Still, the only personally identifiable information a cookie can contain is information you supply yourself. A cookie cannot read data off your hard disk or read cookie files created by other sites. You can configure your Internet Browser to notify you when you receive a cookie, giving you the chance to accept or refuse it. You can also refuse all cookies by turning them off in your browser.

Children’s Privacy
Our Web & Social sites are not directed to children under the age of 13, and we do not knowingly collect Personally Identifiable Information from children under 13. If we receive Personally Identifiable Information that we discover was provided by a child under 13, we will promptly destroy such information. Schools and parents should supervise their children’s online activities and consider using other means to provide a child-friendly online environment. To learn more about COPPA, visit the Federal Trade Commission home page at http://www.ftc.gov.

California Privacy Rights
Under California Civil Code Section 1798.83, California residents may request certain information regarding our disclosures in the prior calendar year of their Personally Identifiable Information to third parties for their direct marketing purposes. To make such a request, please contact us at: hello@avantabizlaw.com with “California Privacy Rights Request” in the subject line. You must include sufficient detail for us to locate your file; at a minimum, your name, email, and postal address.

California “Do Not Track” Disclosures
We do not track your online activity across other websites nor knowingly permit any third parties to track you online while visiting our Web & Social sites.

Application of United States Laws
Our Web & Social sites are based on computers in the United States. Your Personally Identifiable Information will be used and stored in the United States, where data protection and privacy regulations may differ from the level of protection in other parts of the world.

AMENDMENTS

These Terms were updated in December 2022. Avanta reserves the right to change or amend these Terms at any time. If a change or amendment is made, it will be posted to the Web & Social Sites location and replace the existing Terms. We will post the date of the most recent revisions on this page. You consent to any implemented changes to the Terms through continued use of the Web & Social Sites.

CONTACT INFORMATION

If you have any questions about these Terms, please email us at hello@avantabizlaw.com or call us at 801.851.5502.