← Back to Main Site
Terms and Conditions
Effective Date: January 15, 2025
This website, www.silvaautomation.com (the "Site"), and the services offered through it, are owned and operated by Silva Automation, a sole proprietorship organized under Hawaii law ("Silva Automation," "we," "us," or "our"). By accessing or using our Site and services, you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree with any part of these Terms, you must not use our Site or services.
1. Description of Services
Silva Automation provides business-to-business automation services, including but not limited to workflow optimization, CRM setup, and automated marketing campaigns. The specific scope of work for each project will be outlined in a separate Service Agreement and a Project Proposal, which are incorporated into these Terms by reference.
2. User Obligations
You agree to use our Site and services only for lawful purposes and in a manner that does not infringe upon the rights of others. You agree to provide accurate and complete information when using our contact forms or engaging our services. You are prohibited from:
- Using the Site in any way that could damage, disable, overburden, or impair the Site.
- Attempting to gain unauthorized access to any part of the Site or our systems.
- Using any automated means, such as robots, spiders, or scrapers, to access the Site without our express written permission.
3. Intellectual Property
All content on the Site, including text, graphics, logos, images, and software, is the property of Silva Automation or its content suppliers and is protected by intellectual property laws. As per our Service Agreement, upon full and final payment, the client will own the custom work product created specifically for them. Silva Automation retains ownership of all underlying code, general tools, templates, and pre-existing intellectual property used to create the work product.
4. Payments, Fees, and Hawaii General Excise Tax (GET)
- All prices for services are quoted in United States Dollars (USD).
- Services are subject to a fixed price as detailed in the Project Proposal.
- You agree to pay all fees and charges associated with your use of the services.
- As a business operating in Hawaii, we are subject to the Hawaii General Excise Tax (GET). This is a tax on the gross income received by a business for the privilege of doing business in Hawaii. It is not a sales tax on the customer. We may visibly pass on the cost of the GET to you, as is a common practice in Hawaii, and this will be added to your invoices as required. The GET rate for services is typically 4%.
5. Limitation of Liability
To the fullest extent permitted by law, Silva Automation shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your use of our services.
6. Indemnification
You agree to indemnify and hold harmless Silva Automation, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with your use of our services or your violation of these Terms.
7. Termination
We may terminate or suspend your access to our services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the services will cease immediately.
8. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Hawaii, without regard to its conflict of law principles. Any disputes arising under or in connection with these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in Honolulu, Hawaii.
9. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on this page and updating the "Effective Date" at the top. Your continued use of our services after any such changes constitutes your acceptance of the new Terms.
10. Force Majeure
Silva Automation shall not be liable for any failure or delay in performance under these Terms which is due to fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, labor strikes, or any other cause which is beyond the reasonable control of Silva Automation, whether or not similar to the foregoing.
11. Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be replaced with a valid and enforceable provision that most closely approximates the intent of the original provision.
12. Entire Agreement
These Terms, together with any Service Agreement and Project Proposal, constitute the entire agreement between you and Silva Automation regarding the use of our services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.
13. Warranty Disclaimer
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SILVA AUTOMATION MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
14. Contact Information
If you have any questions about these Terms, please contact us at:
- Email: contact@silvaautomation.com
- Phone: (808) 308-1107
- Address: Silva Automation, 94-207 Waipahu Street #323, Waipahu, HI 96797
Privacy Policy
Effective Date: January 15, 2025
This Privacy Policy describes how Silva Automation ("we," "us," or "our") collects, uses, and discloses information from users of our website and services, located at www.silvaautomation.com. We are committed to protecting your privacy and complying with all applicable laws, including the data protection principles of the State of Hawaii.
1. Information We Collect
We collect information to provide and improve our services and to communicate with you. The types of information we may collect include:
Personal Information: This includes data you voluntarily provide to us via contact forms, project inquiries, or scheduling software. This may include your name, company name, email address, phone number, and any other information you provide in your communications.
Project and Service Data: We collect and process data required to perform our automation services, which may include customer relationship management (CRM) data, marketing campaign data, and other business information necessary to complete a project. This data is handled with strict confidentiality.
Usage and Technical Data: When you visit our website, we automatically collect certain information about your device and your activity. This includes your IP address, browser type, device type, operating system, and data about your interaction with our site, such as pages viewed and time spent.
2. How We Use Your Information
We use the collected information for the following purposes:
- Service Delivery: To provide, maintain, and improve our automation services
- Communication: To respond to your inquiries, send project updates, and provide customer support
- Business Operations: To process payments, manage contracts, and conduct business analysis
- Legal Compliance: To comply with applicable laws, regulations, and legal processes
- Marketing: To send you information about our services (with your consent where required)
3. Information Sharing and Disclosure
We do not sell, trade, or otherwise transfer your personal information to third parties except in the following circumstances:
- Service Providers: We may share information with trusted third-party service providers who assist us in operating our website and conducting business (e.g., payment processors, hosting providers)
- Legal Requirements: We may disclose information when required by law, court order, or government request
- Business Transfers: In the event of a merger, acquisition, or sale of assets, customer information may be transferred
- Consent: With your explicit consent for specific purposes
4. Data Security
We implement appropriate technical and organizational security measures to protect your personal information against unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the internet is 100% secure, and we cannot guarantee absolute security.
5. Data Retention
We retain your personal information only for as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law. Project-related data is typically retained for 7 years after project completion for business and legal purposes.
6. Your Rights
Depending on your location, you may have the following rights regarding your personal information:
- Access: Request access to your personal information
- Correction: Request correction of inaccurate or incomplete information
- Deletion: Request deletion of your personal information (subject to legal and contractual obligations)
- Portability: Request a copy of your data in a structured format
- Objection: Object to certain processing activities
To exercise these rights, contact us at contact@silvaautomation.com.
7. Third-Party Links
Our website may contain links to third-party websites. We are not responsible for the privacy practices or content of these external sites. We encourage you to review the privacy policies of any third-party sites you visit.
8. Data Breach Notification
In the event of a data breach that may affect your personal information, we will notify you and relevant authorities as required by applicable law. We will provide notice without unreasonable delay and in no case later than 72 hours after becoming aware of the breach, unless the personal data breach is unlikely to result in a risk to your rights and freedoms.
9. Children's Privacy
Our services are not directed to children under 13 years of age. We do not knowingly collect personal information from children under 13. If we become aware that we have collected personal information from a child under 13 without parental consent, we will take steps to remove such information from our servers. If you believe we have collected information from a child under 13, please contact us immediately.
10. International Data Transfers
If you are accessing our services from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located. By using our services, you consent to the transfer of your information to the United States and processing in accordance with this Privacy Policy.
11. Changes to This Privacy Policy
We may update this Privacy Policy periodically. We will notify you of any material changes by posting the new Privacy Policy on this page and updating the "Effective Date." We encourage you to review this Privacy Policy regularly.
12. Contact Information
If you have questions or concerns about this Privacy Policy, please contact us at:
- Email: contact@silvaautomation.com
- Phone: (808) 308-1107
- Address: Silva Automation, 94-207 Waipahu Street #323, Waipahu, HI 96797
Cookie Policy
Effective Date: January 15, 2025
1. What Are Cookies?
Cookies are small text files that are placed on your device (computer, phone, or tablet) when you visit a website. They are widely used to make websites work more efficiently and to provide information to the site owners. Cookies can be "session" cookies, which are temporary and deleted when you close your browser, or "persistent" cookies, which remain on your device for a set period.
2. How We Use Cookies
We use cookies for several purposes to enhance your experience and improve our services:
Essential Cookies: These cookies are strictly necessary for the operation of our website. They enable core functions such as website navigation and access to secure areas. The website cannot function properly without these cookies.
Analytics Cookies: We use third-party analytics services, such as Google Analytics, to collect information about how users interact with our website. This data helps us understand site traffic, measure the performance of our content, and identify areas for improvement. The information collected is aggregated and does not directly identify you.
Functional Cookies: These cookies enable enhanced functionality and personalization, such as remembering your preferences and settings when you return to our website.
Performance Cookies: These cookies collect information about how visitors use our website, such as which pages are most popular and if users encounter error messages. This helps us improve our website's performance.
3. Types of Cookies We Use
Essential Cookies
- Session management cookies
- Security cookies for authentication
- Load balancing cookies
Analytics and Performance Cookies
- Google Analytics (_ga, _gid, _gat)
- Website performance monitoring cookies
- Traffic analysis cookies
Functional Cookies
- User preference cookies
- Language selection cookies
- Form auto-fill cookies
4. Third-Party Cookies
We may allow certain third-party services to place cookies on your device through our website. These include:
- Google Analytics: For website analytics and performance monitoring
- Social Media Plugins: If we include social media buttons or feeds
- Customer Support Tools: For live chat or support ticket functionality
5. Managing Your Cookie Preferences
You have several options for managing cookies:
Browser Settings: Most web browsers allow you to control cookies through their settings preferences. You can typically:
- View what cookies are stored on your device
- Delete cookies individually or all at once
- Block cookies from specific websites
- Block all cookies (though this may affect website functionality)
Opt-Out Tools: For specific services like Google Analytics, you can use their opt-out tools:
- Google Analytics Opt-out Browser Add-on
Cookie Consent: When you first visit our website, you may see a cookie consent banner allowing you to accept or decline non-essential cookies.
6. Impact of Disabling Cookies
If you choose to disable cookies, please note that:
- Some features of our website may not function properly
- You may need to re-enter information more frequently
- Your user experience may be less personalized
- We may not be able to remember your preferences
7. Cookie Retention
Different cookies have different lifespans:
- Session Cookies: Deleted when you close your browser
- Persistent Cookies: Remain for a set period, typically 1-24 months
- Third-Party Cookies: Governed by the third party's retention policy
8. Updates to This Cookie Policy
We may update this Cookie Policy from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. Please revisit this page periodically to stay informed about our use of cookies.
9. Contact Us
If you have any questions about our use of cookies or this Cookie Policy, please contact us at:
- Email: contact@silvaautomation.com
- Phone: (808) 308-1107
- Address: Silva Automation, 94-207 Waipahu Street #323, Waipahu, HI 96797
Refund & Cancellation Policy
Effective Date: January 15, 2025
This Refund & Cancellation Policy outlines the conditions under which Silva Automation ("we," "us," or "our") provides refunds and allows for the cancellation of services. This policy applies to all services purchased from us.
1. General Principles
Transparency and Fairness: We are committed to transparency and fairness in all our dealings. Our refund and cancellation terms are designed to protect both our business and your investment.
Service-Based: As a service-based business, our work cannot be "returned" like a physical product. Therefore, refunds are considered only when there is a documented failure on our part to meet the agreed-upon project specifications as outlined in the Project Proposal and Service Agreement.
2. Cancellation and Refund Schedule
Cancellation Before Work Commences: If you wish to cancel a project before any work has started, you may do so by providing written notice. A full refund will be granted, minus a 15% administrative fee to cover initial consultation, proposal drafting, and administrative costs. This request must be submitted in writing within 15 days of the initial payment.
Cancellation During the Project: Once a project has started, cancellation is subject to the work completed at the time of the cancellation request. We will retain all payments made for work completed up to that point.
3. Refund Eligibility
Refunds may be considered in the following circumstances:
- Non-delivery of Services: If we fail to deliver the agreed-upon services within the timeframe specified in the Project Proposal, and no alternative arrangement has been made.
- Material Breach: If there is a documented material breach of the Service Agreement on our part that substantially affects the project deliverables.
- Technical Impossibility: If it becomes technically impossible to complete the project as specified through no fault of the client.
4. Refund Process
- All refund requests must be submitted in writing to contact@silvaautomation.com
- Include detailed reasons for the refund request and supporting documentation
- We will review and respond to refund requests within 10 business days
- Approved refunds will be processed within 30 days using the original payment method
5. Time Limits for Refund Requests
Refund requests must be submitted within 30 days of project completion or service delivery. Requests submitted after this period will not be considered unless there are extenuating circumstances that prevented timely submission, as determined by Silva Automation in its sole discretion.
6. Refund Processing Time
Once a refund is approved, processing times vary by payment method:
- Credit/Debit Cards: 5-10 business days
- Bank Transfers: 10-15 business days
- PayPal: 3-5 business days
- Other payment methods: 10-15 business days
Refunds will appear on your statement as a credit from Silva Automation. The time it takes for the refund to appear in your account depends on your financial institution.
7. Non-Refundable Items
The following are generally not eligible for refunds:
- Custom work that has been delivered and meets the agreed specifications
- Third-party software licenses or tools purchased for your project
- Time spent on consultation, planning, and project setup (beyond the initial consultation)
- Change requests or scope modifications initiated by the client
8. Dispute Resolution
If you disagree with our refund decision, you may request a review by providing additional documentation. As a final resort, disputes may be resolved through mediation or arbitration as outlined in our Terms and Conditions.
