terms of service

Metanow Terms of Service

Last Updated: 08.12.2023

Welcome to Metanow! These Terms of Service (“Terms”) govern your use of the services provided by Metanow, including but not limited to web design, branding, design, DevOps, maintenance, web hosting, and integrations (collectively referred to as the “Services”). By using our Services, you agree to comply with and be bound by these Terms. Please read them carefully.

1. Description of Services

Metanow provides a range of services, including web design, branding, design, DevOps, maintenance, web hosting, and integrations. These services are designed to help individuals and businesses establish and enhance their online presence. By utilizing our Services, you acknowledge and agree to the terms outlined in this agreement.

2. User Accounts

Clients of Metanow are not required to create a specific Metanow account. Instead, we provide access to project-related materials and data through secure platforms such as Google Drive for document storage, HubSpot for client data management, and Notion for project management. Clients are responsible for maintaining the security and confidentiality of their login credentials for these platforms.

Metanow reserves the right to manage and access client data for the purpose of providing Services and ensuring the smooth execution of projects. Clients are encouraged to familiarize themselves with the terms of use and privacy policies of these third-party platforms.

3. Prohibited Activities

While using Metanow’s Services, you agree not to engage in any prohibited activities. Prohibited activities include, but are not limited to:

• Violating any applicable laws or regulations.
• Uploading, posting, or transmitting any content that is illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable.
• Attempting to interfere with the proper functioning of our Services.
• Unauthorized access to client data or third-party platforms used for project management.

Metanow reserves the right to investigate and take appropriate action against individuals or entities engaging in prohibited activities, including but not limited to account suspension or termination.

4. Intellectual Property

Metanow retains ownership of all intellectual property associated with the Services, including but not limited to trademarks, logos, and content created by Metanow. Clients are granted a limited, non-exclusive, non-transferable license to use the deliverables provided by Metanow for their intended purpose.

Unless otherwise specified in a separate written agreement, clients agree not to reproduce, distribute, modify, or create derivative works based on Metanow’s intellectual property without explicit written consent.

5. User Content

Clients may provide content, data, or materials for use in the provision of Services. By submitting such content, clients grant Metanow a non-exclusive, worldwide, royalty-free license to use, modify, adapt, publish, translate, create derivative works, and distribute such content for the purpose of providing the Services.

Metanow respects the confidentiality of client information and will not disclose client-specific details to third parties without prior consent, except as required by law or as necessary for the provision of Services.

6. Payment Terms

Clients agree to pay the fees associated with the Services as outlined in the agreed-upon proposal or contract. Payment terms, including billing cycles and accepted payment methods, will be specified in the proposal or contract.

Metanow reserves the right to modify its fees and payment terms with advance notice to clients. In the event of late or non-payment, Metanow may suspend or terminate the provision of Services.

Refund and cancellation policies, if applicable, will be detailed in the proposal or contract.

7. Privacy Policy

Metanow is committed to protecting client privacy. Our Privacy Policy, available at Metanow Privacy Policy, outlines how we collect, use, and safeguard client information. By using our Services, you agree to the terms of our Privacy Policy.

8. Disclaimer of Warranties

Metanow provides its Services “as is” and makes no warranties, express or implied, regarding the quality, accuracy, or fitness for a particular purpose of the Services. While we strive for excellence, Metanow does not guarantee that the Services will be uninterrupted or error-free.

Clients use Metanow’s Services at their own risk. Metanow disclaims any warranties for the security, reliability, timeliness, and performance of the Services.

9. Limitation of Liability

To the fullest extent permitted by law, Metanow and its affiliates, officers, employees, agents, and representatives 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:

• The use or inability to use the Services.
• Unauthorized access to or use of client data.
• Any conduct or content of third parties.

Metanow’s total liability for any claim arising out of or relating to these Terms or the Services shall not exceed the total amount paid by the client for the specific Services giving rise to the claim.

10. Termination

Clients may terminate their engagement with Metanow at any time by providing written notice. Metanow reserves the right to terminate or suspend the provision of Services at its discretion for reasons including but not limited to a breach of these Terms, failure to pay fees, or if continued provision of Services poses a risk to Metanow or its clients.

Upon termination, clients are responsible for any fees accrued before the effective date of termination.

11. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Republic of Albania. Any disputes arising under or in connection with these Terms shall be resolved through arbitration in accordance with the rules of the [Arbitration Organization], and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

12. Changes to Terms of Service

Metanow reserves the right to modify or update these Terms at any time. Clients will be notified of any changes through the email address associated with their account or through a prominent notice on our website. Continued use of the Services after such modifications constitutes acceptance of the updated Terms.

13. Contact Information

For any questions about these Terms of Service or our Services, you can contact Metanow at the following:

• Email: [email protected]
• Address: Rruga Hafiz Podgorica, 2001 Durres, Albania

14. Website Development and Deliverables

Metanow agrees to provide website development services to clients based on the specifications outlined in the agreed-upon proposal or contract. Development milestones and deliverables will be communicated and agreed upon during the project planning phase.

Clients are responsible for providing any necessary information, materials, or approvals required for the timely completion of the project. Metanow will use its best efforts to meet agreed-upon timelines, but delays may occur due to unforeseen circumstances.

15. Hosting Services

If clients opt for hosting services provided by Metanow, additional terms and conditions may apply. Clients agree to adhere to any usage policies and guidelines specified by Metanow in relation to hosting services. Metanow is not responsible for any loss of data, security breaches, or downtime resulting from factors beyond its control.

16. GDPR Compliance

Metanow acknowledges its responsibilities under the General Data Protection Regulation (GDPR) regarding the collection, processing, and protection of personal data. Clients agree to comply with applicable data protection laws and regulations and are responsible for obtaining any necessary consents from end-users.

Metanow will take reasonable measures to protect client data and ensure GDPR compliance in the provision of its Services.

17. Passwords and Security

Clients are responsible for maintaining the confidentiality and security of any passwords, access credentials, or other authentication methods provided by Metanow. Clients agree to notify Metanow immediately if they suspect any unauthorized access to their accounts.

18. Technical Requirements

Clients are responsible for ensuring that their systems and infrastructure meet the technical requirements specified by Metanow for the provision of Services. Metanow will provide details of any required technical specifications during the onboarding process.