AVALON - The expert network

AVALON MEMBERSHIP GENERAL TERMS AND CONDITIONS
 
 
These general terms and conditions will expressly regulate the relationship as an EXPERT between You and AVALON; therefore, we ask that read the following points carefully before continuing your registration process to become a member of AVALON.
 
The capitalized terms mentioned in this document shall have the meanings established in the General Pre-Registration Conditions.
 
 
 
1.    GENERAL AVALON VISION AND ACTIVITIES CARRIED OUT WITHIN THE PLATFORM
 
AVALON is a platform that provides intermediation services between experts on various subjects and companies.  This means that a group of highly qualified professionals (EXPERTS) offer advice or consulting in their specialties to our registered users (CLIENTS) via telephone, electronically or other means as agreed between the parties.
 
Thus, AVALON offers you the opportunity to work as an EXPERT within a platform that unites an extensive network of EXPERTS and CLIENTS with a broad variety of advising and consulting modes.
 
Finally, you may be chosen to participate in other activities through AVALON, including:
 
-      Obtain advantages as a member of AVALON for promoting work done for AVALON
-      Send reports and other content with AVALON intermediation
-      Participation in online debate forums with other EXPERTS or CLIENTS.
 
 
2.    BASIC REQUIREMENTS FOR BELONGING TO AVALON
 
To become a part of AVALON, you must meet three essential requirements:

   1. Have previously obtained all of the permits and/or authorizations necessary to provide advising or consulting services as well as to become a member of the AVALON network of experts. For this purpose, you guarantee, after having reviewed all of your professional contracts, that there is no stipulation contrary to the advising or consulting duties you will carry out as an AVALON EXPERT. Likewise, you may need to check with your company whether you are allowed to provide services as an EXPERT. AVALON shall be exempt from any liability related to incompatibilities in the aforementioned cases.
   2. At no time will you act in the name and/or on behalf of AVALON. For this purpose, all experts declare they are aware that they may not benefit from any privilege due to their condition as a member of the AVALON network of experts and also declare that they are aware they will not be considered at any time an employee of the CLIENT. Moreover, you declare you will not provide advising or consulting services to the CLIENT outside or independently of AVALON.
   3. You will join the AVALON network of experts in a personal capacity and as an independent professional and not as a representative of any company or organization unless otherwise agreed between said company and AVALON.

 If you are not sure whether you will be able to comply with these requirements (as well as those described later), we recommend you desist from registering was an AVALON EXPERT.
 
3.    ADDITIONAL INFORMATION REQUIREMENT
 
In order to become a member of the AVALON network of experts, you must provide the following information at the very least:
 
personal and profesional information that is required on the pre-registration and/or registration form
-      Your updated résumé which must include your prior work experience, your current employment status, education, languages and/or any other important information you believe is necessary.
-      Publications of articles or research work in technical journals as well as books and, in general, any type of literary work, where appropriate.
Any other type of information you deem appropriate to describe your professional skills
 
In all cases and at all times, the information provided must be true, specific, accurate and updated.
 
Once you become a member of the network of experts, AVALON may request you provide additional information that corroborates the skills required in order to belong to the AVALON network of experts.
 
 
4.    CARRYING OUT YOUR DUTIES AS AN EXPERT
 
Once AVALON approves your application, you will become a part of the network of experts and your professional information as an EXPERT will be available on its website in order for you to offer your services to CLIENTS.
 
If a CLIENT were to be interested in you providing advising or consulting services, AVALON will send the CLIENT your contact information so that both parties may establish a time when they may communicate in order to provide the services required by the CLIENT. Your rate will be determined by you.  You will have the right to modify this rate at any time although you should notify AVALON so that it may make the material change. If AVALON believes that the rate established by you is too high, it may advise you to modify it.  However, you will always have the power to decide on this. If the CLIENT chooses your services, all communication between you and the CLIENT will be conducted by telephone, electronically or any other similar method as agreed by both of you.
 
When you are in contact with the CLIENT, you must work in accordance with AVALON principles by demonstrating your utmost professionalism, complying with these terms and conditions as well as observing all pertinent laws in each case.
 
Once communication has ended, both you as well as the CLIENT should report your level of satisfaction and the duration of your communication to AVALON. At that time, AVALON will pay you for your services upon presentation of the corresponding invoice.
 
In the event of a discrepancy between the times reported by the CLIENT and you, AVALON will mediate between you in an attempt to resolve the controversy.
 
 
5.    OBLIGATIONS AND CONDITIONS OF SERVICE PROVISION BY THE EXPERT

AVALON EXPERTS must comply with the following conditions:
 
1.    1.    Observe the laws in effect at all times. If while advising you were to detect an obvious violation of the Law, the existence of any act that may illegally harm third parties or that may lead to a conflict of interests, you must IMMEDIATELY refuse to continue providing your services right then and there. In this case, you may submit a request to end the service and indicate the time and hours you actually worked so that AVALON may settle the corresponding amount due.
 
AVALON is not liable for any limitations that may arise during an advising session by the EXPERT or for the obligations and/or conditions that the CLIENT may propose to you as the EXPERT.
 
2.    The services provided by you are not exclusive and are provided with no minimum or maximum time obligation of any kind.
 
3.    During and after the provision of your services, you undertake to act in good faith and NOT do any of the following:
 
-      Disclose the advising provided to third parties OR disclose the information received and/or communicate the personal information provided by the CLIENT.
-      Disclose the legal, accounting and/or business information or the performance or strategy you are made aware of and is considered confidential by the CLIENT or that you reasonably believe is confidential. What is established
-      Disclose information, procedures, commercial secrets, formulas, materials or any other data that is relevant to the operations of the company you work for.
-      Use the information provided for Your own benefit or for the benefit of any third party.
-      Breach the conditions, agreements and/or policies of the company you provide your services to with respect to its employees.
-      Provide external consulting and/or provide information to companies that compete with the CLIENT and/or the company you provide services to.
-      Make suggestions or recommendations that are not related to the topics for which you were contracted and on which you are a specialist.
-      Maintain a stable relationship with the CLIENT whenever this could provoke a conflict of interests with the company you provide services to or with other companies with which you are affiliated.
-      Provide consulting services when a CLIENT communicates with you when this appointment was not organized or managed through the AVALON platform.  If you breach this obligation, AVALON reserves the right to claim the corresponding amount from the CLIENT.
 
4.    Be available to the CLIENT under the terms and means agreed as well as not work during hours that are incompatible with other employment or personal obligations that would prevent you from completing your consulting work properly as a member of AVALON.
 
5.    You declare that you are aware of the prohibition on directly contacting CLIENTS and guarantee that any advisory and/or consulting service provided to CLIENTS will be done within the framework of AVALON’s intermediation in accordance with the terms and conditions established herein. You must inform AVALON if a CLIENT communicates with you directly in order to continue a project or advisory service that was performed or is being performed through AVALON.
 
The aforementioned obligations are listed by way of illustration and not by way of limitation and must be understood at all times in the spirit of the agreement herein as is the prohibition on providing services outside AVALON.
 
If at any time you gain knowledge of a violation, conflict of interests or acts in bad faith that directly or indirectly affect AVALON, the CLIENT or the company for which you provide services, you undertake to desist any advising or consulting as well as prevent the commission of said unlawful act.
 
 
6.    OTHER PROFESSIONAL OPPORTUNITIES AS AN AVALON EXPERT
 
Besides providing the services described above, you may be invited to participate in other types of projects different from the advising already mentioned; these projects will be organized or managed by AVALON.  Experts may, among other opportunities:
 
-      Participate in conferences, seminars and/or any  academic event related to his/her specialization.
-      Be invited as a speaker to an academic event when an institution or company so requests from AVALON and AVALON believes is appropriate to provide a list of professionals capable of participating in said event.
-      Help write articles in various journals or blogs that are proposed at different companies or institutions.
 
AVALON may select one or several professionals from among its list of EXPERTS to invite them to participate in the aforementioned projects or future projects. You acknowledge that you may be subject to a new selection process in order to confirm your suitability for a specific project. The terms and conditions that govern the provision of these services will be those agreed to between AVALON and you at the appropriate time.
 
If you participate in an event, meeting, conference, videoconference or any other means of communication as a member of the public, guest, moderator or speaker in which your image and/or voice, as appropriate, is used, you expressly authorize the recording of your participation and undertake to exclusively assign the later exploitation of the rights to your image and intellectual property contained in the recordings without any territorial or time limitations and free of any royalty. As a result, AVALON will have the exclusive right without any territorial or time limitations to assign these rights to third parties, reproduce, distribute, publicly disclose, transform and commercialize said recordings through any means, format or medium (including but not limited to public television or pay-per-view television; through the Internet, cell phones or any interactive platform as well as any other optic, electronic or any other type of medium) in full or in part, in the language and form that AVALON deems appropriate.
 
 
7.    INTELLECTUAL PROPERTY
 
You guarantee that you are the only owner of the intellectual property rights on the creations made or provided while providing advisory services or any other service provided under the framework of your relationship with AVALON and thereby release AVALON from any liability a third party may claim due to the breach of his/her legitimate intellectual property rights.
 
 
8.    PRIVACY POLICY

As a result of registering as a user at the website http://www.avalonred.com, you hereby agree that the personal data provided or that is provided in the future to AVALON LA RED DE EXPERTOS, with principal place of business at Paseo de la Castellana 184, 6ª planta in the city of Madrid (Spain), will be processed in a personal data file. The data recorded in this manner may be used to process your registration in the AVALON portfolio of experts and for statistical purposes.  AVALON undertakes not to use this personal data for any other purpose other than those indicated herein.
 
Providing all the data required at any time is obligatory if not specified otherwise on the registration form and AVALON may refuse to register the interested party if such data is not provided or it is provided erroneously.
 
The owner of the data will always have the right to access the automatic files and may exercise his/her rights of rectification, cancellation and opposition under the terms established in data protection laws. For this purpose, the owner of the data must send an email to info@avalonred.com that includes the username, password, action requested, user's address for notification purposes, date, signature and document that proves the identity of the requesting party (for example, a photocopy of his/her national identity document or passport) so that AVALON may send confirmation of the action requested.
 
Finally, AVALON hereby informs you that your data will be processed confidentially and will be stored on servers that meet the requirements established by Spanish law on data protection.
 
 
9.    CONFIDENTIALITY

As long as you are considered an EXPERT as well as afterwards, you undertake to keep confidential any information and documentation of any kind that has been classified or that could reasonably be considered confidential.
 
Below is a list provided by way of illustration but not by way of limitation of information considered confidential:
 
-      Personal and/or professional CLIENT data
-      Information related to the consulting and/or projects you work on with the CLIENTS or in collaboration with other members of the network of experts.
-      Information on clients, potential clients or third parties that have some type of relationship with AVALON.
-      Information on real or future business, investment techniques or participation in the market or negotiation decisions or agreements pertaining to any CLIENT.
-      Information on the operations, organization or data relevant to the activities performed by AVALON.
-      Any other confidential CLIENT or AVALON information.
 
 EXPERTS must expressly agree to be subject to a confidentiality policy and not engage in any practices considered unfair or that may create a conflict of interests. An AVALON representative may at any time demand that you agree to said policy as well as that you complete a form declaring, among other terms, that you agree to be subject to these rules.
 
You are required to diligently preserve and keep secret the username and password used at www.avalonred.com and assume any consequences or economic damages suffered due to a lack of diligence in preserving them. You will notify AVALON immediately and through any of the means provided for in these Terms and Conditions of any loss of or unauthorized access by third parties to your password or account number.
 
To this regard, you undertake not to falsify your identity by acting as a third party or entering data that does not identify you as an individual including the photograph that may be included on your Expert profile that should personally identify you and you agree not to use an image with intellectual property or copyrights you do not hold.
 
 
10.    REMUNERATION
 
Payment for economic compensation to EXPERTS will be made pursuant to the following rules and conditions:
 
-      AVALON will propose a list of EXPERTS with their profiles to the CLIENTS.  The final choice of EXPERT will be made at the sole discretion of the CLIENT.
-      Compensation for each EXPERT will be independent of that of all other EXPERTS and therefore each EXPERTS will impose a base priceaplicables previo acuerdo según su perfil y del tipo de proyecto encomendado.
-      AVALON will pay the EXPERT for each actual hour of advising via telephone or through any other means provided for in these conditions once the satisfactory provision of the service and its duration is confirmed by the CLIENT.
-      If the advising service is less than an hour, payment will be made in proportion to each minute of actual advising.
-      When AVALON notifies the EXPERT that payment is ready for collection, the EXPERT must send AVALON the corresponding invoice which shall be paid within seven days following the date of receipt.
-      Payment will be made via bank transfer to the account provided by the EXPERT, as determined by him/her at all times.
 
You agree to pay all commissions and/or fees imposed by the banking entities when payment is made via bank transfer.
 
AVALON may request as much additional information as is necessary in order to pay properly sent invoices.
 
If any conflict or controversy arises with one of the CLIENTS for the advising or services provided, AVALON will withhold compensation until this controversy is resolved between the parties. If said conflict continues, you agree that AVALON has sole power to resolve said controversy with discretion and prudence.
 
You acknowledge that a breach of any of these terms and conditions may prevent or suspend your right to payment for the advising or completion of a project and that AVALON has the power to reduce the amount of compensation as penalty.
 


11.      LIABILITY AS AN EXPERT
 

You agree to observe the general conditions described herein at all times as well as any other condition that you may have to accept within the framework of your relationship with AVALON. If you were to fully or partially breach any of these general conditions, AVALON or any CLIENT reserves the right to legally demand any damages that may be caused by said breach.
 
To this regard, you release AVALON of any liability related to damages deriving from judicial or administrative proceedings initiated by you against a CLIENT or any third party for a breach of the terms and conditions accepted or of the laws in effect at any given time.
 
You acknowledge that any act, opinion, advice, interpretation of cases or any form generated by the provision of your services will be your sole responsibility without implicating or mentioning any member of the network of experts. AVALON does not have the obligation to act and/or intervene in your defense, provide you with an attorney whether or not a member of the AVALON network or assume any type of payment of costs or expenses generated by such a proceeding.
 
 
12.     PREVAILING AGREEMENT
If any of the provisions of these terms and conditions are directly or indirectly breached, this will not render invalid or be considered a breach of this document.
 
13.     TERMINATION OF YOUR RELATIONSHIP WITH AVALON
When you decide to stop being an AVALON EXPERT, you must notify us in writing at least thirty days prior to the date of termination. In any case, you must conclude the advisory services and/or projects that have been agreed prior to notification of your decision to terminate your relationship with AVALON.
AVALON may stop using your services as an EXPERT at any time and for any reason if it deems appropriate without this generating any right or economic or other type of compensation other than the compensation you are due for services already provided in accordance with these General Conditions that have not yet been paid.
 
14.     APPLICABLE LAW AND JURISDICTION
This Contract shall be interpreted and governed by the laws of the Kingdom of Spain.  Both parties hereby agree to submit any dispute that may arise in the application of this Contract to the Courts and Tribunals of the city of Madrid, whenever legally possible. Otherwise, the parties shall submit to the competent courts pursuant to the laws in effect at any given time.
You acknowledge that when you agree to these terms and conditions, they will govern your work as an AVALON EXPERT and therefore will be binding on you.