We encourage you to read our Terms and Conditions carefully. Your access to our website, and your use or purchase of any of our products or services imply that you have read and accepted the Terms & Conditions
Digital Product Agreement
This Agreement (“Agreement”) is made between METRICALIST (the “Company”), our solution provider (our “Partner”), and purchaser of the digital product (hereafter “Client”), for the purpose of Client purchasing a digital product from Company’s online shop (the “Product”). Client agrees to the terms and conditions below by submitting payment and downloading the Product.
1. DIGITAL PRODUCT USAGE
After purchasing the digital product, Client will be given access to the product materials through the website portal and delivered in his/her email. Client will have access to the materials so long as their product(s) is/are available and/or they have a valid license to access the product.
Company and its Partner hereby grants to Client one (1) exclusive, non-sublicensable, non-transferable, license to use the Product. Client understands and agrees that the Product materials may not be shared with any third party. In the event Company suspects that the Product is being shared with another party, Company and its Partner reserves the right to immediately terminate Client’s access to the Product.
Client may use the Product for his/her own personal use and business use and may modify the Product as he/she sees fit. Client is not obligated to tag or give credit to Company or its Partner for the copy in the Product he/she uses, posts, or shares.
2. FEES & PAYMENT PROCESSING
All transactions are made through payment gateways like PayPal or Stripe that use SSL encryption. These payment gateways are safe and secure for using all types of credit cards and debit cards in different countries and your details are not stored during this process
In consideration for access to the Product provided by Company and its Partner, Client agrees to compensate Company and its Partner the fee indicated on the online shopping cart. If any payment methods are declined by the online payment processor, Client shall provide a new eligible payment method before receiving access to the Product. In the event Client has already been given access to the Product and a payment method is declined, Company reserves the right to collect all outstanding receivables.
3. REFUND POLICY
Due to the nature of digital products being immediately accessible upon purchasing, refunds of any fees or other amounts paid are issued on case to case basis.
To protect our Clients as well as our Partners, the Company will process refund within 14-days after purchasing the Product ONLY on the following circumstances:
- The Product has not been downloaded; since your purchase is a digital product, it is deemed “used” after download or opening.
- The Product has proven to be unusable; our team will do a thorough investigation on the Product offered and will work with the Client and our Partner to resolve the issue. If it’s proven that it’s not accurate to what was described and offered we will process the refund accordingly.
4. PERSONAL INFORMATION
By purchasing the Product, Client will be asked to provide personal information including his/her name, email address, mailing and billing address. Client agrees to allow Company access to this personal information for all lawful purposes. Client is responsible for the accuracy of the identifying information, maintaining the safety and security of his/her identifying information, and updating Company on any changes to his/her identifying information.
The billing information provided to Company by Client will be kept secure and is subject to the same confidentiality and accuracy requirements as Client’s identifying information indicated above. Providing false or inaccurate information, or using the Product for fraud or unlawful activity, is grounds for immediate termination from the Product.
5. WARRANTIES & LIABILITY
Company makes every effort to ensure that the Product is accurate as described. However, Company takes no responsibility whatsoever for the suitability of the Product, and Company provides no warranties as to the function or use of the Product, whether express, implied, or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. Client agrees to indemnify Company against all liabilities, claims, demands, expenses, actions, costs, damages, or loss.
6. GUARANTEES
Client agrees to take responsibility for Client’s own results with regards to using the Product.
7. ENTIRE AGREEMENT
This is a binding Agreement that incorporates the entire understanding of the parties, supersedes any other written or oral agreements between the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement.
Service Agreement
This Service Agreement (“Agreement”) is made between METRICALIST and you (the “Client”).
In this Agreement, the party who is contracting to receive the services shall be referred to as the “Client” and the party who will be providing the services shall be referred to as the “Service Provider”.
1. DESCRIPTION OF SERVICES
The start date will be agreed on by all parties. Service Provider will provide the services that has been purchased by the Client. Services provided are subject to change as agreed by all parties.
2. SERVICE LOCATON
The Service to be provided under this Agreement shall be performed at the Service Provider’s place of business.
3. PAYMENT FOR SERVICES
The Client will pay a fee to the Service Provider for the services at the rate agreed upon. A minimum 50% of the overall fee shall be due upon receipt of the invoice in advance of the service being carried out and the remaining once the service or project have been delivered.
4. REFUND POLICY
By paying the invoiced amount, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with services by the Company. No refunds will be given for the initial invoiced amount.
5. NON-DISCLOSURE AND NON-SOLICITATION.
Service Provider shall not directly or indirectly disclose to any person other than a representative of Client at any time either during the term of this Agreement or following the termination or expiration thereof, any confidential or proprietary information pertaining to Client, including but not limited to customer lists, contacts, company data, or trade secrets. Furthermore, Service Provider agrees that during the term of this agreement, and for 2 years following the termination of this Agreement, Service Provider shall not directly or indirectly solicit or attempt to solicit any customers or suppliers of Client other than on behalf of the client themselves.
6. RELATIONSHIP OF PARTIES
It is understood by the parties that Service Provider is an independent contractor with respect to the Client and not an employee of the Client. The Client will not provide fringe benefits, including health insurance benefits, paid holiday, or any other employee benefit, for the benefit of Service Provider.
7. WORK PRODUCT OWNERSHIP
Any works copyrighted, ideas, discoveries, products, or other information (collectively, the “Work Product”) developed in whole or in part by the Service Provider in connection with the services shall be the exclusive property of the Client.
8. LIABILITY
Service Provider will not be liable for loss, damage, or delay of Client’s project due to circumstances beyond the Service Provider’s control. Such circumstances may include (but are not limited to) acts of God, public unrest, power outages, and inability to contact Client. In the event of such loss, damage or delay, Service Provider will make every effort to notify the Client immediately.
10. CONFIDENTIALITY
Service Provider will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Service Provider, or divulge, disclose, or communicate in any manner any information that is proprietary to the Client. Service Provider will protect such information and treat it as strictly confidential.
Partner Agreement
METRICALIST provide our Partners with a platform to sell Power BI solutions and showcase Power BI skills to prospect Clients. By registering as a Solution Provider (“Partner”), you agree on the following:
1. When submitting a product, you’re making an agreement with our Company and to the Client that you own full copyright of the work and are legally permitted to sell it.
2. In case of reports of copyright violations, our Company have the right to take the listing down or disable the Partner account and freeze the funds until further notice.
3. As a Solution Provider who can sell solutions through our marketplace, you are considered as an “independent contractor”, you will keep track of all your sales and expenses and process your own taxes whenever necessary.
- In some countries, unless your business’ sales reach a certain level, you don’t need to collect sales taxes.
- In many states in the US, products such as software, music, and digital goods are not taxed.
- You can always request from us a full extract of all your sales in case required.
4. When you are working with Clients, it is your obligation to scope your work, agree with terms and clause (such as data confidentiality) and to process documents and payment between you and the Client.
We reserve the right to change or modify the current Terms and Conditions without prior notice or consent. If any part of this agreement is declared unenforceable or invalid, all remaining clauses in this agreement shall remain binding on the Client and Partner.