PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
This Professional Web Services Agreement (“Agreement”) is entered into by and between Metropolitan Host, an individual ("Metropolitan Host") ("Metropolitan Host ") and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of Metropolitan Host’s Professional Web Services (“Service(s)”), and represents the entire agreement between you and Metropolitan Host concerning the subject matter hereof.
Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with Metropolitan Host’s Universal Terms of Service Agreement and Hosting Agreement, which are incorporated herein by this reference.
The terms “we”, “us” or “our” shall refer to Metropolitan Host. The terms “you” and “your” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits, except where specifically granted herein.
We may, in our sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not continue to use this Site or the Services. We may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account information current. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
2. DESCRIPTION OF SERVICES
This Agreement applies to design of websites and web stores, and post-publication changes to websites and web stores.
Purchase of a website design includes the design of a website using the parameters specific to your plan, and as described below:
The Logo Design Service does not include the creation of a custom logo created from completely original elements outside of our current Logo Studio process. Purchase of the logo design service includes an initial interview (via online or by phone), presentation of one (1) initial designs, and one (1) rounds of requested revisions to the selected design. Metropolitan Host will charge a fee for additional designs/revisions requested by you. The amount of the fee will be communicated to you and is required to be paid prior to the start of work on additional revisions/designs.
• Rights in Logo Design: Notwithstanding anything to the contrary in this Agreement, with regard to the Logo Design Service only, and upon payment in full, you have ownership of the Logo Design provided to you for use in any manner you deem appropriate. You acknowledge that your ownership rights under this Agreement is limited to the final Logo Design provided to you by we, and that no ownership interest in any trademarks or service marks contained in or made a part of the final Logo Design, to include any original graphical element from our Logo Design Studio (collectively, “Metropolitan Host Pre-Existing IP”), conveys and that we expressly reserve all right, title and interest in and to the same. Notwithstanding, we hereby grants you a worldwide, royalty-free, perpetual and irrevocable right and license to Metropolitan Host Pre-Existing IP contained in or made part of your Logo Design for use as contemplated by this Agreement. You hereby grant us a royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive, worldwide right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, communicate to the public, perform and display (in whole or in part), and/or incorporate in other works the Logo Design, in any form, media, or technology now known or later developed for promotional purposes of Metropolitan Host and/or our Logo Design Service.
• Disclaimers: You hereby acknowledge that we shall have no obligation or duty to perform trademark, service mark or copyright searches or inquiries, or the like, in order to validate the propriety or legality of the final Logo Design. Accordingly, you are encouraged to perform your own independent searches with regard to the Logo Design. Furthermore, you acknowledge that we shall have no responsibility or obligation of any kind to assist you in seeking state, federal, country or international intellectual property protection (i.e., without limitation, trademark or copyright registration) for the Logo Design, nor shall we be responsible to assist in any way in your attempt to procure or perfect such rights in the Logo Design. You understand that it is your obligation alone to copyright the logo design and/or seek trademark protection to the extent you deem appropriate and/or necessary.
Managed Local Listing
Managed Local Listings services enable customers to search for, add, update, and publish their business name, address, phone, menus, and website URL to online partners via a website interface (the “Website”). If you elect to cancel, your data and stored information may be deleted such that it may not be capable of being restored. All images and text on the site will remain your property, but we will retain ownership of the files and code on the site as being proprietary to the website platform.
Search Engines ultimately choose which rankings are assigned to websites. While our practices have historically given our customers higher search rankings, no SEO provider including Metropolitan Host can guarantee rankings on search engines. Website access. In order for SEO to be effective, Metropolitan Host must have website credentials and access in order to make on-site changes. By agreeing to these Terms of Service, you are hereby granting permission to post on your behalf on your site, for SEO purposes.
SEO Services is a 12-month commitment billed monthly. You are expected to stay at the agreed upon price for 12 months. You can cancel SEO Services at any time and Metropolitan Host will not bill you for future months. However, you will not be refunded the cost of the present or past months. When you cancel, you become responsible for maintaining any and all of the onsite or offsite optimizations previously done by SEO Services. If you cancel SEO Services within 48 hours of buying them, you can receive a full refund, including for the first month. After 48 hours, however, you will have to pay for the first month and will only be refunded for the time beyond that first month. If you elect to cancel, your data and stored information may be deleted such that it may not be capable of being restored. All images and text on the site will remain your property, but we will retain ownership of the files and code on the site as being proprietary to the website platform.
If your Website or Web Store requires more updates than what is included in your Design plan, additional time may be purchased separately (“Update Minutes”). Once we receive your request for updates and all necessary materials or content, we will complete the requested updates and re-publish your site without further review. Unused Update Minutes are non-refundable.
- Monthly Update Minutes: Additional Update Minutes may be purchased and used in thirty (30) minute increments. Unused time will not carry over to future updates. If your Service plan included Update Minutes, those minutes reset each month based on your billing cycle. If you purchase Update Minutes separately, those minutes expire 30 days from when you purchased the separate minutes.
- Anytime Update Minutes: You may purchase a site with Anytime Update Minutes, which are in one (1) hour intervals, and may be used at any time up to 12 months from date of purchase.
• Simple Site Design includes the choice of one (1) design template, one (1) round of revisions (not to include new content), and no Update Minutes. Update Minutes available for purchase.
• Website Design includes your choice of one (1) design template, up to five (5) site pages, one (1) revision after your site is completed (not to include new content), and up to six (6) hours total of Update Minutes. Additional Update Minutes are available for purchase.
• WordPress Design includes your choice of one (1) design template, up to ten (10) site pages, and one (1) revision after your site is completed (not to include new content). WordPress design does not include Update Minutes. However, Update Minutes are available for purchase. Once the site has completed the initial revisions phase, no additional work will be completed by PWS without the purchase of Updates Minutes and only if deemed within PWS’ scope of support for WordPress Design.
Web Store Design
Purchase of a web store design includes the design of a web store using the parameters specific to your plan, and as described below (“Web Store”):
Standard Store Design includes your choice of one (1) design template, up to seven (7) site pages (homepage, four (4) interior pages, Terms of Service page, and Contact page), basic setup of your first ten (10) products or setup of your first five (5) products with options, one (1) revision after your site is completed (not to include new content), and up to six (6) hours total of Update Minutes. Additional Update Minutes are available for purchase.
Deluxe Store Design includes your choice of one (1) design template, up to seven (7) site pages (homepage, four (4) interior pages, Terms of Service page, and Contact page), basic setup of your first ten (10) products or setup of your first five (5) products with options,and one (1) revision after your site is completed (not to include new content). WordPress design does not include Update Minutes. However, Update Minutes are available for purchase. Once the site has completed the initial revisions phase, no additional work will be completed by PWS without the purchase of Updates Minutes and only if deemed within PWS’ scope of support for WordPress Design.
You are solely responsible for providing your product descriptions, images, pricing and other product information, and for confirming this information before approving your web store for publication. Excluding the initial design and basic setup included in your plan, you are solely responsible for all other storefront content configuration, including configuration of tax collection methods, shipping methods, and payment methods.