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Terms of Service

1. Acceptance of Terms

By engaging Metro Nova Creative for any service — whether through a signed proposal, verbal agreement, email confirmation, invoice payment, or continued use of any deliverable — you (“Client”) agree to be bound by these Terms of Service (“Terms”). These Terms apply to all projects, services, and engagements between Client and Metro Nova Creative, LLC (“Metro Nova,” “we,” “us,” or “our”).

If you do not agree to these Terms, please do not proceed with any project or payment.

2. Services Overview

Metro Nova Creative provides a range of creative, digital, and marketing services, including but not limited to:

  • Brand identity and logo design
  • Graphic design and marketing collateral
  • Website design, development, and hosting
  • Search engine optimization (SEO) and content marketing
  • Print production, signage, and large-format graphics
  • Promotional products and branded merchandise
  • Trade show displays and event materials
  • Consulting, strategy, and creative direction
  • Recurring retainer engagements

Each project is governed by a proposal, statement of work, or invoice that defines the specific scope of services. These Terms apply in full to all engagements unless otherwise agreed in writing.

3. Estimates, Quotes & Payments

3.1 Estimates and Quotes

All estimates and quotes are valid for 30 days from the date issued unless otherwise noted. Prices are subject to change after that period. A signed proposal or paid deposit constitutes acceptance of the quoted scope and price.

3.2 Payment Terms

Invoices are due upon receipt unless a specific payment schedule is outlined in the project proposal. Metro Nova reserves the right to require a deposit (typically 50%) before work begins on any project. Final deliverables, files, and launches are withheld until payment is received in full.

3.3 Late Payments

Invoices unpaid after 30 days from the date issued may result in the following, at Metro Nova’s discretion:

  • Pausing of all active work on the account
  • Withholding of files, deliverables, source files, login credentials, and design assets
  • Delay or cancellation of scheduled website launches, print submissions, or campaigns
  • Suspension of website hosting, maintenance services, or SEO retainer work
  • A finance charge of 1.5% per month (18% annually) applied to the outstanding balance

Resumption of work is not guaranteed and is subject to Metro Nova’s current capacity. Any work paused due to non-payment may require re-scoping or additional fees to restart.

3.4 Collections and Legal Fees

If Metro Nova is required to pursue collection of an unpaid balance through a collections agency or legal action, Client agrees to be responsible for all reasonable collection costs, attorney’s fees, and court costs incurred.

3.5 Ownership and File Release

Ownership of final deliverables — including logo files, design assets, and website files — does not transfer to Client until the invoice is paid in full. Metro Nova retains all rights to work product until full payment is received.

4. Project Timelines & Client Responsibilities

4.1 Timelines

Estimated timelines are provided in good faith based on current workload and project scope. Metro Nova is not liable for delays caused by factors outside our control, including but not limited to: delayed client feedback, third-party vendor lead times, print production schedules, shipping carriers, platform outages, or acts of God.

4.2 Client Responsibilities

Timely, responsive communication is essential to keeping projects on track. Client agrees to:

  • Provide all requested content, assets, logins, and approvals in a timely manner
  • Designate a primary point of contact with authority to approve work
  • Review proofs and respond to requests within the timeframe outlined in the proposal (typically 3–5 business days unless otherwise agreed)
  • Accept responsibility for delays caused by slow or unclear feedback

Projects that remain on hold due to Client non-response for more than 60 days may be archived or cancelled. Any reactivation may require updated pricing and a new deposit.

5. Revisions & Scope Changes

5.1 Included Revisions

The number of included revision rounds is specified in each project proposal. Revisions refer to reasonable refinements within the original scope — not restarts, direction changes, or new concepts.

5.2 Scope Changes

Any work requested beyond the agreed scope — including additional design concepts, new pages, additional rounds of revisions, or expanded deliverables — will be quoted and invoiced separately. Metro Nova will notify Client before proceeding with out-of-scope work whenever possible.

5.3 Change Orders

Significant scope changes require a written change order or updated proposal before work proceeds.

6. Intellectual Property & Ownership

6.1 Client Ownership of Final Deliverables

Upon receipt of full payment, Client receives ownership of the final approved deliverables as specified in the project scope. This includes production-ready files in the formats agreed upon (e.g., PDF, PNG, SVG, EPS).

6.2 Metro Nova Retains Rights to Process Work

Metro Nova retains full ownership of all preliminary concepts, unused designs, drafts, working files, source files, design elements, and other process work not included in the final deliverable. Unless source files are explicitly included in the project scope and quoted accordingly, they are not included in standard project delivery.

6.3 Portfolio and Marketing Rights

Metro Nova reserves the right to display any completed work — including logos, websites, print materials, and campaigns — in our portfolio, social media, advertising, case studies, and marketing materials, unless Client requests confidentiality in writing prior to project completion.

6.4 Third-Party Assets

If Client requests or approves the use of licensed stock photography, fonts, icons, or other third-party assets, Client is responsible for ensuring proper licensing for their intended use. Metro Nova will source appropriate licenses where possible but is not liable for Client misuse of licensed assets after delivery.

7. Website, Hosting & Third-Party Services

7.1 Platform Limitations

Most websites built by Metro Nova use WordPress and associated plugins. While we build and configure sites to best-practice standards, we cannot guarantee compatibility with all browsers, devices, or future plugin/platform updates. WordPress core, plugin, and theme updates are the Client’s responsibility unless a maintenance plan is in place.

7.2 Hosting

Metro Nova offers website hosting services as an optional add-on. Hosting is provided through third-party infrastructure providers. We strive for maximum uptime but cannot guarantee uninterrupted availability. Metro Nova is not liable for downtime, data loss, or service interruptions caused by hosting providers, server outages, or infrastructure failures beyond our control.

7.3 Website Security

Metro Nova implements standard security practices during website development. However, no website is immune to security threats. Metro Nova is not liable for website hacks, malware infections, data breaches, or unauthorized access that occur after project handoff or outside of an active maintenance agreement. Clients are strongly encouraged to maintain regular backups and a security/maintenance plan.

7.4 Third-Party Integrations

Websites and marketing campaigns may integrate with third-party tools and platforms such as Google Analytics, Google Ads, Meta/Facebook Pixel, Gravity Forms, WooCommerce, CRM platforms, email marketing tools, and payment processors. Metro Nova is not responsible for changes, outages, policy updates, or failures of third-party platforms. Client acknowledges that third-party services are governed by their own terms of service and privacy policies.

7.5 Domain Names

Unless explicitly agreed otherwise, domain names are registered in the Client’s name. Metro Nova is not liable for domain expiration, transfer issues, or WHOIS-related matters if the Client manages their own domain account.

8. Print, Production & Color Variance

8.1 Client Approval Responsibility

Before any print job is submitted to production, Client will receive a digital proof for approval. By approving a proof — whether by signature, email, or digital confirmation — Client accepts full responsibility for the accuracy of all content, including spelling, grammar, contact information, sizing, and layout.

Metro Nova is not responsible for errors that appear in the final printed piece if those errors were present in an approved proof.

8.2 Color Variance

Colors displayed on screen (RGB) differ from printed output (CMYK or Pantone). Metro Nova makes every effort to produce color-accurate results, but exact color matching cannot be guaranteed across all printers, substrates, and production methods. If precise color matching is required, Client should request a physical press proof or Pantone-matched production run. Additional costs may apply.

8.3 Print Quantities and Overruns

Standard print production may result in overs or unders of up to 10% of the ordered quantity, which is industry standard. Invoicing will reflect actual quantity produced.

8.4 Third-Party Print Vendors

Some print and production work is fulfilled through third-party vendors. Metro Nova acts as an intermediary and is not liable for vendor production errors, shipping delays, or material defects beyond what the vendor agrees to remedy. We will advocate on Client’s behalf in the event of a vendor error.

9. SMS Communications

Metro Nova may communicate with Clients via SMS text message for project updates, appointment reminders, and service-related notifications. By providing your mobile number, you consent to receive SMS messages from Metro Nova Creative.

Message and data rates may apply. Message frequency varies based on project activity. Reply STOP at any time to opt out of SMS communications. Reply HELP for assistance.

Metro Nova does not sell or share mobile numbers for third-party marketing purposes. SMS opt-in consent is not transferable and will not be shared with any other organization.

Our SMS communications comply with applicable requirements under the Telephone Consumer Protection Act (TCPA).

10. Privacy Policy

10.1 Information We Collect

Metro Nova collects basic contact and business information provided by Clients for the purpose of delivering services, communicating about projects, and processing payments. This may include name, company name, email address, phone number, billing address, and project-related content.

10.2 How We Use Your Information

Client information is used solely to deliver services, communicate about active or prospective projects, send invoices, and follow up on business matters. We do not sell, rent, or trade Client information to third parties.

10.3 Third-Party Tools

Metro Nova may use third-party tools (such as project management platforms, email marketing tools, and payment processors) that store or process Client data in accordance with their own privacy policies.

10.4 Data Security

We take reasonable steps to protect Client information but cannot guarantee absolute security against all threats.

11. Limitation of Liability

To the fullest extent permitted by law, Metro Nova Creative shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising from or related to any service, deliverable, or engagement — including lost profits, lost business, data loss, or reputational harm — even if Metro Nova has been advised of the possibility of such damages.

Metro Nova’s total liability for any claim arising out of or related to a specific project shall not exceed the total fees paid by Client for that specific project.

This limitation applies regardless of the legal theory under which the claim is brought, including contract, tort, negligence, or strict liability.

12. Indemnification

Client agrees to indemnify, defend, and hold harmless Metro Nova Creative, its owners, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorney’s fees) arising out of or related to:

  • Content, materials, or information provided by Client
  • Client’s use or misuse of any deliverable
  • Client’s violation of any third-party rights, including intellectual property rights
  • Client’s breach of these Terms

13. Dispute Resolution & Governing Law

These Terms are governed by the laws of the Commonwealth of Virginia, without regard to its conflict of law provisions.

In the event of a dispute, both parties agree to first attempt resolution in good faith through direct communication. If a resolution cannot be reached, disputes shall be submitted to binding arbitration in Fredericksburg, Virginia, in accordance with applicable arbitration rules, before either party pursues litigation.

Nothing in this section prevents Metro Nova from seeking injunctive relief or pursuing collection of unpaid invoices through the courts.

14. Changes to These Terms

Metro Nova reserves the right to update or modify these Terms at any time. Updated Terms will be posted at metronovacreative.com/terms with a revised effective date. Continued engagement with Metro Nova after any update constitutes acceptance of the revised Terms.

15. Contact Us

Questions about these Terms? Reach out anytime.

Metro Nova Creative 3701 Lafayette Blvd Fredericksburg, VA 22408

 

📞 540-369-3200 ✉️ [email protected] 🌐 metronovacreative.com