Terms & Conditions
MetroMax Solutions provides this service to you, subject to the following Terms of User Agreement (“TOU”) that may be updated by us from time to time without notice to you.
businessvirtualassistant.metromaxsolutions.com (“MetroMax Solutions,” “we,” or “us”) through this website (the “Site”) provides information, recommendations, and Virtual Assistant services (the “Services”). The term ‘Remote’ to indicate anything that can be handled through the Internet, phone, email, or other digital means.
The terms, conditions, and guidelines associated with the use of the Services, the Site, and any content (collectively, the “Content”) available on the Site are outlined in this Terms of User Agreement (“TOU”). Please read this TOU carefully before you use the Services or the Site. By using the Services or the Site, you (“you” or “your,” or “Client” or “User” as appropriate) agree to abide by the terms, conditions, and guidelines outlined in this TOU.
Except as is provided in the MetroMax Solutions privacy policy, MetroMax Solutions reserve the rights, at any time, to modify, alter or update this TOU from time to time without prior notice. Such changes will be effective on the date that such modified TOU is posted on the Site, which is located at the Terms of use. Use of the site or services after such changes have taken effect constitutes acceptance of all changes.
Please also note that if MetroMax Solutions determines at any time that you have abused or violated any of these terms, conditions, and guidelines, MetroMax Solutions reserves the right to terminate your access to the Site and Services immediately without notice.
By using the Website, you warrant that you have read and reviewed this TOU and that you agree to be bound by it. If you do not agree to be bound by this TOU, you may leave the Website immediately. MetroMax Solutions only agrees to provide use of this Website and Services to you if you assent to this TOU.
By using this Website, you agree to be bound by the terms and conditions of the specific contract for that service entered into between you and MetroMax Solutions. You agree to provide your assent to such terms and conditions over and above and in addition to the TOU mentioned herein.
Eligibility
The Services and the Site are available only to individuals or entities who can form legally binding contracts under applicable law and who are employees and affiliates of entities that have entered into a services agreement with MetroMax Solutions or one of its distributors. Without limiting the foregoing, the Services and the Site are not available to individuals under the age of eighteen (18). If you do not qualify, you may neither use the Services nor the Site.
User Name, Password, and Security
You are responsible for maintaining the confidentiality of your username and password, and you are solely responsible for all activities that occur under your username and password. You are responsible for safeguarding and maintaining the confidentiality of your username and password and for any use of our Services with your username and password. You agree not to share your username or password with anyone. You agree to immediately notify MetroMax Solutions of any unauthorized use of your username and Password or any other breach of security related to the Site. MetroMax Solutions will not be liable for any loss or damage arising from your failure to adequately safeguard your username and/or password or to otherwise comply with this section.
Links to Third-Party Sites
Some of the links on the Site may allow you to leave businessvirtualassistant.metromaxsolutions.com. Third-party sites to which the Site may link (“Third-Party Linked Sites”) are not in any way under MetroMax Solutions’ control. Metromax Solutions does not assume any responsibility or liability for any information, content, communications, services, goods, or other materials available on such third-party linked sites or for any changes or updates to such sites. MetroMax Solutions does not intend links on the Site to be referrals to, or endorsements of, any Third-Party Linked Site or the entities that operate them. Such links are provided for convenience only.
Requests & Tasks
Each request (task) must be submitted by phone, email, chat, or any other mutually accepted digital means or through MetroMax Solutions’ dashboard access. Please send your requests individually; this means that each communication you have with your assistant should contain only one defined task. You’re more than welcome to submit multiple tasks at one time, but we ask that you send a separate email for each. This ensures the fastest possible turnaround for each task.
Prohibited Uses
As a user of the Services or the Site, you agree to use the Services and the Site only for lawful purposes. Use of the Services or the Site for transmission, distribution, retrieval, or storage of any information, data, or other material in violation of any applicable law or regulation is prohibited. You also agree not to use the Services or the Site to
- Use or transmit any material protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorization.
- Harass others by “mail-bombing” or “news-bombing” using the Website or any of the Company’s Services for illegal spam activities, including gathering email addresses and personal information from others. Threaten, harass, defame, embarrass or distress any person or group
- Distribute computer viruses, worms, or any software/s intended to damage or alter a computer system without the owner’s consent., reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services, not to violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
- Use “auto-responders,” “cancel-bots,” or other similar mechanisms that generate excessive network traffic.
- Post or send any unlawful, harmful, defamatory, slanderous, pornographic, obscene, vulgar, or similarly tortuous or otherwise objectionable material
- Post, send, or relay any unsolicited advertising
- Post or send any chain letters or pyramid schemes
- Post or send any fraudulent or misleading offers of products, items, loans, or other services
- Post any misleading, inaccurate, or fraudulent information
- Post any junk e-mails
- Post any duplicative or unsolicited messages
- Harvest or otherwise collect information about others, including e-mail addresses, without their specific consent.
- Create a false identity or forged e-mail address or header or otherwise attempt to mislead others as to the identity of the sender or the origin of the message
- Attempt to gain unauthorized access to the Services, other accounts, computer systems, or networks connected to the Site through login password mining or any other means.
Use of Client information, documents, property, and materials
You may provide MetroMax Solutions with information and access to content, images, licensed software, and equipment to enable us to provide services. MetroMax Solutions warrants that all your information, documents, property, and materials will be used exclusively in connection with the performance of the Services under this TOU and not for any other purpose. It is the Client’s responsibility to inform MetroMax Solutions if any information shared needs to be treated as confidential and how to handle such information. You must ensure that the information or any property or materials you provide does not violate any applicable laws or infringe on intellectual property rights.
Suppose you recommend your MetroMax Solutions assistant to use any content or images from paid/copyrights sources. In that case, you are responsible to purchase such content/images before the MetroMax Solutions assistant uses them to provide the required service. You must ensure that all appropriate permissions/license/consent to use such content or images have been obtained and that there are no violations of copyright laws.
If you recommend us to use any licensed software to provide services, you must ensure that you hold a valid license for it and that our use of the software is within the scope of the licensing terms and conditions.
Service warranty
MetroMax Solutions is responsible for the quality of the work it delivers and commits to making all reasonable efforts to deliver quality deliverables on a ‘best-effort’ basis only unless the inability to deliver as agreed is attributable to reasons beyond MetroMax Solutions’ control. All information provided is based on freely available online information, and there is no warranty on any information, tasks, or projects delivered to the Client.
Ownership of Intellectual property
MetroMax Solutions acknowledges that all documents, work products, and other materials that are delivered to Clients under this TOU (“deliverables”) shall be deemed as “works-made-for-hire” and the authorship shall belong exclusively to the Client. Except as provided otherwise in this TOU, each party retains sole and exclusive ownership of all data, documents, results, ideas, discoveries, know-how, methodologies, inventions, reports, and works of authorship, whether or not patentable or subject to copyright, which may be made, written, conceived or reduced to practice by them or any third-party, and any derivative works of such intellectual property created after the effective date; provided that such derivative work (a) does not arise from the confidential information of the other party; and/or (b) is not created specifically for the other party.
MetroMax Solutions is, and shall remain, the sole and exclusive owner of all rights, titles, and interests in and to all documents, data, know-how, methodologies, software, and other materials, including computer programs, reports, and specifications, provided by or used by MetroMax Solutions in connection with performing the Services, in each case where it was developed or acquired by MetroMax Solutions prior to the commencement or independently of this Agreement (collectively, the “Pre-Existing Materials”), including all Intellectual Property Rights therein. Any pre-existing confidential information belonging to MetroMax Solutions, included in any deliverable, shall remain the exclusive property of MetroMax Solutions. To the extent that MetroMax Solutions incorporates any of its own information into the deliverables, MetroMax Solutions hereby grants to Client a royalty-free, non-exclusive, non-transferable license to make, use, sell, copy, distribute, display, perform, transmit, such MetroMax Solutions information in connection with the deliverables, unless informed otherwise.
Proprietary Rights
Software: You acknowledge and agree that the Service and any software used in connection with the Service (“Software”) contain proprietary rights and confidential information that is protected by applicable intellectual property and other associated laws. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the web interface or via email / telephone / chat or other mutually acceptable digital means that may be provided by MetroMax Solutions for use in accessing the Service.
Termination
Termination without cause:
- Monthly Subscription plan: Under these plans, the user may terminate the plan without cause with a prior 30 days notice via e-mail.
- Adhoc Plans: Under these plans, the termination is effective immediately on the date of completion of a project or as per the duration of the plan, where it is task-based.
Termination with a cause:
- The user may terminate the plan if MetroMax Solutions fails to perform any task that may be required to be performed to the quality standards as may be reasonably acceptable and such failure is not fixed within 30 days from the date of intimation to MetroMax Solutions by the user.
- MetroMax Solutions may, at its sole discretion, terminate the services and access to this site at any point in time without prior notice if the user violates the terms and obligations under this TOU or
- MetroMax Solutions reserves the right to terminate the engagement with immediate effect if the user is offensive or uses abusive language with his/her Virtual assistant or with any member of the virtual service team that attends to the task of the user.
- Event of Termination: In the event of termination, General Disclaimer, Prohibited Uses, Proprietary Rights, Indemnity, Applicable Laws and General Terms Sections outlined in this TOU shall still survive.
Payment terms:
The payment of monthly subscription charges for the first month after signup should be made within the same month of providing the services and thereafter in advance before the 5th of every month on a continuing basis until termination. The subscription amount is always collected in advance for the month.
Wherein the user opts for a monthly subscription plan, the Terms and Conditions associated with the respective plans shall apply in addition to this TOU. Wherein the user opts for a custom or ad-hoc project plan or a tailored business support plan based on a quote, then the terms and conditions of such a proposal shall prevail in addition to this TOU.
In the event if the user decides to opt-out of the service within 7 days of the start date (an Assistant being assigned) for any reason whatsoever, pro-rata charges shall apply based on usage or the number of days lapsed, whichever is higher. The balance shall be refunded as per the Refund Policy.
No waiver of notice period or refunds shall be allowed if you decide to opt out of the service after the 7-day look-up period from the start date.
Credit Card: MetroMax Solutions has kept in place reasonable technical, administrative, and organizational processes and procedures to protect Client credit card information. However, it is your responsibility to ensure that the Credit card details are shared securely with MetroMax Solutions. This means you have to upload/update the credit card details only through your MetroMax Solutions dashboard secure access assigned on the MetroMax Solutions website and not via email, phone, or any other digital means.
Non-solicitation Provision
You acknowledge that MetroMax Solutions invests substantially in recruiting, training and developing of its employees, consultants, and independent contractors and that MetroMax Solutions has a legitimate interest in earning a reasonable return on those investments.
You also acknowledge that MetroMax Solutions has agreements with MetroMax Solutions assistants that protect this interest by requiring that MetroMax Solutions assistants obtain MetroMax Solutions’ prior written consent before accepting any direct engagement (whether as an employee, consultant, contractor, or otherwise) with any MetroMax Solutions client to whom they were assigned in the past or present.
To the fullest extent permitted under applicable law, you agree that during your membership and for a period of twelve (12) months immediately following the termination of your relationship with MetroMax Solutions for any reason, whether voluntary or involuntary, with or without cause, you shall not directly or indirectly solicit for employment or engagement any MetroMax Solutions assistant who is assigned to you at that time or who was assigned to you within the six months preceding termination of your relationship with MetroMax Solutions to leave his or her employment with MetroMax Solutions and to work for you in any engagement directly or indirectly.
Should any solicitation by you become a substantial factor resulting in a MetroMax Solutions assistant leaving MetroMax Solutions and accepting an engagement with you directly or indirectly without MetroMax Solutions’ consent, you agree to pay MetroMax Solutions liquidated damages reasonably calculated to compensate MetroMax Solutions for its lost investments and not as a penalty of any kind, a one-time fee equivalent to one year salary of the MetroMax Solutions assistant prior to the solicitation. Payment of the foregoing fee will not preclude MetroMax Solutions from seeking any other remedies against the Client, whether under this Agreement, at law, or in equity.
Sub-contracting
MetroMax Solutions shall be entitled to perform any of its obligations through its employees, associates, consultants, or suitably qualified and skilled sub-contractors/vendors. Any act or omission of such other associates or sub-contractor shall, for the purposes of the Agreement, be deemed to be an act or omission of MetroMax Solutions.
Data Rights and Protection
In our mission to ethically and lawfully serve our Clients, we have the following policies in place to adhere to international and domestic law:
(i) Obtaining Consent: Our terms of use is to make it as understandable and straightforward as possible. Our valued Clients are able to give and rescind consent at any time.
(2) Timely Breach Notification: MetroMax Solutions will notify our associated data controllers and Clients within 72 hours in case of a data breach. In addition to outlining the nature of the breach, the impact and actions involved in remedying the situation will be detailed.
(3) Right to Be Forgotten: If the Client discontinues their relationship with MetroMax Solutions at any time, the Client can request that his or her data be wholly erased from our records.
Client Responsibilities and Obligations
(i) Restricted services: MetroMax Solutions assistants are not permitted to support any illegal, unethical, uncomfortable, or immoral activity. Hence you should not ask for such tasks.
(ii) Assistants’ Supervision: MetroMax Solutions will assign the assistant to the Client as per skillsets that match your services. The assigned MetroMax Solutions assistant acts under your direction.
(iii) Credentials: MetroMax Solutions has kept reasonable technical, administrative, and organizational processes and procedures to protect Client data; it is your responsibility to ensure the security of the credentials you share with your MetroMax Solutions assistant to perform the tasks. This may include implementing controls like user role-based access, restrictions, limiting the information view, access duration, etc.
(iv) Breach of legislation/guidelines: MetroMax Solutions provides services to the Client as per the instructions received. The Client must collect necessary consent from the individuals whose information is disclosed to MetroMax Solutions. Under no circumstances shall MetroMax Solutions be liable for any breach arising due to the failure of obtaining consent from such other people, including third parties, as per the guidelines set in the applicable legislations like GDPR, CCPA, or any other applicable legislations.
Independent contractor
MetroMax Solutions is and will remain an independent contractor in its relationship with the Client. Nothing in this TOU is intended to, or should be construed to, create a partnership, agency or joint venture, or employment relationship between MetroMax Solutions and Client.
Force majeure
MetroMax Solutions will incur no liability to the Client or be deemed to have defaulted under or breached this TOU for any failure or delay in its performance of any obligation under this TOU by causes beyond its control and without the fault or negligence of MetroMax Solutions. Causes (“Force majeure events”) beyond MetroMax Solutions’ control may include but are not limited to, acts of God, flood, fire, earthquake, war, acts of terrorism, explosions, strikes, telecommunications breakdown, power outages or shortages, acts of governmental authorities such as changes in controlling law, regulations, orders or the requirements of any governmental entity, severe weather conditions, civil disorders, natural disasters, fire, pandemic and quarantines and general strikes in United States.
Indemnity
You agree to indemnify, defend at your expense and hold harmless MetroMax Solutions, its telecommunications providers and service providers, and its subsidiaries, affiliates, officers, directors, employees, consultants, and agents (if any) from all and any third-party claims, liability, damages and costs (including, but not limited to, attorneys’ fees) arising from or relating to
(i) Your use of the Services and/or the Site,
(ii) Any content you post, e-mail, transmit, or relay either to MetroMax Solutions or by use of the Services or the Site,
(iii) Any negligence, or wilful misconduct by you, your employees, associates, or representatives,
(iv) Any online accounts and profiles created as per your instructions on behalf of you on various online web portals/websites or mobile applications (apps),
(v) Use of your login credential to access the portals/websites/apps referred by you for your business/personal purpose. The data available on the referred websites by you will be used by MetroMax Solutions as per your instructions.
(vi) Use of your login credential to access the portals/websites/apps referred by you for your business/personal purpose. The data available on the referred websites by you will be used by MetroMax Solutions as per your instructions.
(vii) Your violation of the TOU, or
(viii) Your alleged infringement of any intellectual property, copyright, trade secrets, moral right, or other proprietary rights of any person or entity.
Limitation of liability
In no event shall MetroMax Solutions be liable for any indirect, incidental, special, or consequential losses and damages or any punitive or exemplary damages arising out of or in any way connected with the services provided by MetroMax Solutions or arising from this TOU. Neither shall MetroMax Solutions be liable for any action taken or omitted by its employees/MetroMax Solutions assistant in pursuance of this TOU in good faith, except for gross negligence, bad faith, or wilful misconduct adjudicated by a court of competent jurisdiction. MetroMax Solutions’ obligation shall be restricted only to actual and direct losses and not to any indirect, special, or consequential losses. The services available on the site, any websites linked to the site, the materials or information contained at the site, or the foregoing limitations of liability constitute a fundamental basis of this TOU, and MetroMax Solutions would not have permitted you to use the site or the services absent such limitations.
In the event of a breach of this TOU by MetroMax Solutions, MetroMax Solutions’ aggregate and cumulative liability for damages on all accounts resulting from this TOU hereunder shall in no event exceed the number of fees received from the Client for the service in the applicable service request in the three months preceding the event giving rise to the claim.
Further documentation
If any other TOU or ‘Service/Task request(s) or SLA is necessary to enforce the intent of this document, both parties agree to execute such provisions as and when the need arises.
Dispute resolution
Any disputes arising out of or in connection with the TOU shall be first attempted to be settled through discussion and negotiation between the user and a member of the senior management at MetroMax Solutions. If a settlement is not arrived at within thirty (30) days, the dispute shall be referred for Arbitration. Each party will bear their own cost of the arbitration. The number of arbitrators shall be one. The place of arbitration shall be Atlanta, Georgia, United States. The language used in the proceedings shall be English. The arbitration award shall be binding on both parties.
Governing laws and jurisdiction
All matters arising out of this TOU shall be governed by and construed, and enforced in accordance with the laws of the United States without giving effect to any choice of conflict of law, provision, or rule that would cause the application of the laws of any jurisdiction to agree to submit to the exclusive jurisdiction of the courts of Atlanta, Georgia, United States for any disputes arising out of the subject matter.
This Agreement is on a person-to-person basis and is non-transferable, and you may not assign your rights or obligations to any third party on your behalf.
General Terms
Suppose any provision(s) of the TOU is found to be contrary to law. In that case, such provision(s) shall be construed, as nearly as possible, to reflect the parties’ intentions with the other provisions remaining in full force and effect. MetroMax Solutions’ failure to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. The TOU constitutes the agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the TOU will be effective only if unambiguously made in writing and signed by MetroMax Solutions.
Acknowledgment
This TOU constitutes the entire understanding and agreement between Client and MetroMax Solutions and supersedes and cancels all prior agreements, understandings, and representations in their entirety and are of no further force and effect.
Notice
All notices to a party shall be in writing and made via e-mail or U.S. mail. Notice shall be deemed given 24 hours after an e-mail that is not returned to the sender is sent, or 3 days after deposit in the U.S. mail, to you at the address provided by you upon registration and to MetroMax Solutions at the address set forth below.
MetroMax Solutions (US)
384, Northyards Boulevard NW,
Building 100, Suite 190,
Atlanta GA – 30313
