Terms of Service

Effective Date: May 5, 2025
Update: May 16, 2025

1. TERMS AND CONDITIONS

1.1 Definitions

For the purposes of these Terms and Conditions, the following definitions shall apply:

  • "Company" refers to Metroplex Express Solutions, its parent, affiliates, assigns, successors, officers, agents, representatives, and employees.

  • "Client" refers to any individual, organization, partnership, firm, or other entity who engages the Company for services.

  • "Agreement" shall mean these Terms and Conditions in conjunction with any mutually agreed Statement of Work (SOW), invoice, proposal, quote, or service agreement, in either physical or digital form.

  • "Services" shall mean all commercial activities, logistical support, courier delivery, consulting services, and any additional functions provided by the Company.

  • "Deliverables" shall include all work product, documents, plans, data, analyses, content, ideas, written reports, or materials resulting from the Services provided under the Agreement.

1.2 Scope and Binding Authority

1.2.1 These Terms and Conditions form a binding contractual agreement between the Company and the Client and shall govern all services provided.

1.2.2 Acceptance of the Agreement may occur via:

  • Execution of any service contract or document

  • Issuance of payment in whole or part

  • Commencement of services

  • Access to any Company-owned portal, technology, platform, or delivery channel

1.3 Payment Terms

1.3.1 Due Upon Receipt: Unless otherwise agreed in writing, all invoices are due and payable upon receipt.

1.3.2 Late Fees: Any payment not received within five (5) days of the invoice date shall accrue interest at a monthly rate of ten percent (10%), or the maximum permitted by applicable Texas law.

1.3.3 Disputed Charges: Client must notify the Company in writing of any disputed charges within one (1) business day of receipt. Undisputed portions shall remain payable in accordance with the original invoice terms.

1.3.4 Collections and Enforcement: If the Client fails to remit timely payment, the Company may initiate collection proceedings. The Client agrees to bear all reasonable costs incurred, including but not limited to court costs, collection agency fees, and reasonable attorneys' fees.

1.4 Service Level Commitment

The Company shall perform all Services in a timely, professional, and industry-standard manner. While Metroplex Express Solutions strives to meet or exceed client expectations, no specific service levels, delivery windows, or guaranteed timelines shall apply unless expressly outlined in a written agreement. The Client acknowledges that service performance may be subject to uncontrollable external variables (e.g., weather, traffic, client delays).

1.5 Intellectual Property Rights

Unless expressly agreed otherwise, all deliverables, reports, materials, strategies, or written work product developed by Metroplex Express Solutions during the performance of Services shall become the property of the Client upon full payment of all related fees. Notwithstanding, the Company reserves the right to retain and use any underlying know-how, templates, methodologies, or tools developed or used during service delivery, provided that doing so does not breach confidentiality or reveal proprietary information specific to the Client. 

The Client also agrees that the Company may reference general, non-confidential details of the engagement for marketing, case studies, or portfolio purposes, unless a written NDA or exclusion is in place.

1.6 Limitation on Use

The Client shall not reverse-engineer, modify, replicate, redistribute, sublicense, sell, or otherwise commercially exploit any Service, software, documentation, or deliverable provided by the Company, except as explicitly permitted in a signed agreement. Services and deliverables are provided solely for the Client’s internal use and may not be transferred or licensed to third parties without prior written consent.

1.7 Communication Consent

By engaging with Metroplex Express Solutions, the Client agrees to receive communications relevant to services, including but not limited to scheduling, invoicing, updates, and transactional alerts. These may be sent via email, SMS, or telephone using contact information provided by the Client 

The Company complies with all relevant laws concerning privacy and electronic communication. Promotional emails or marketing messages will only be sent with express opt-in consent. Clients may unsubscribe from such communications at any time by following the instructions in the message or by contacting the Company directly.

2. PRIVACY POLICY

2.1 Scope and Purpose

This Privacy Policy ("Policy") governs the collection, processing, storage, transfer, disclosure, and use of Personal Data by Metroplex Express Solutions ("Company"). This Policy applies to all users, customers, website visitors, vendors, contractors, and agents whose personal information is processed by the Company, whether online or offline.

2.2 Definitions

  • "Personal Data" refers to any information relating to an identified or identifiable natural person.

  • "Processing" means any operation performed on Personal Data including collection, recording, organization, structuring, storage, adaptation, retrieval, consultation, use, disclosure, erasure, or destruction.

  • "Data Subject" is the natural person whose Personal Data is being processed.

  • "Third Party" means any entity other than the Data Subject and the Company.

2.3 Types of Data Collected

The Company may collect the following types of data:

  • Contact details (name, address, phone number, email)

  • Demographic data (DOB, gender, business affiliation)

  • Transactional data (purchase history, payment information)

  • Technical data (IP address, browser type, device ID)

  • Communications data (emails, messages, customer service inquiries)

  • Location data (if enabled by the user)

3. COOKIE & CONSENT POLICY

This Cookies & Consent Policy explains how Metroplex Express Solutions ("Company") uses cookies and related technologies on its websites and services.

3.1 Definitions

  • "Cookies" are small text files stored on a user's device that collect standard Internet log information and visitor behavior.

  • "Consent" means a clear affirmative act signifying agreement to processing data via cookies.

3.2 Types of Cookies Used

  • Strictly Necessary Cookies: Required for basic website functionality.

  • Performance Cookies: Help us analyze website usage.

  • Functional Cookies: Remember your preferences.

  • Targeting Cookies: Deliver content based on your interests.

4. DISCLAIMER NOTICE

4.1 No Warranties

Metroplex Express Solutions ("Company") makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of services or related content for any purpose. Use of services is at your sole risk.

5. ACCEPTABLE USE POLICY

Users of Metroplex Express Solutions' websites, networks, and services ("Users") agree to comply with the following Acceptable Use Policy ("AUP"). Prohibited conduct includes, but is not limited to:

  • Engaging in any activity that is illegal under local, state, federal, or international law

  • Interfering with, disrupting, or attempting to gain unauthorized access to the Services

  • Transmitting or disseminating any viruses, malware, or corrupted data

  • Impersonating any person or entity

  • Engaging in abusive or harassing behavior

6. REFUND & CANCELLATION POLICY

6.1 Scope

Refunds and cancellations are available only under the circumstances outlined in this section. The Company is not obligated to provide refunds unless it fails to perform the Services as agreed in a written Agreement or confirmed order.

6.2 Eligibility for Refunds

A Client may be eligible for a refund if:

  • The Company is unable to fulfill the requested service due to internal fault, and

  • The Client provides written notice of cancellation before service dispatch or fulfillment begins.

6.3 Non-Refundable Circumstances

Refunds will not be issued for:

  • Services already rendered, initiated, or substantially completed

  • Cancellations made after dispatch or activation of the service

  • Delays caused by incorrect client-provided information, missed appointments, or lack of required access

  • Events beyond Company control, including but not limited to force majeure events (see Section 6.4)

6.4 Force Majeure

The Company is not liable for service delays or failures due to causes beyond its control, including natural disasters, strikes, governmental orders, utility failures, or acts of war.

6.5 Refund Requests

To initiate a refund request, the Client must:

  • Submit a written request to the Company within 2 business days of the disputed service

  • Include all relevant details and supporting evidence

The Company will investigate and respond in writing within 5 business days.

6.6 Cancellation Policy

Clients must provide at least 24 hours’ written notice for any scheduled service cancellations. Same-day cancellations may result in a service fee of up to 50% of the scheduled service value to offset resource allocation.

6.7 Refund Method

Approved refunds will be processed to the original payment method within 7–10 business days.

7. ACCESSIBILITY STATEMENT

Metroplex Express Solutions affirms its commitment to the accessibility standards set forth by the WCAG 2.1 Level AA guidelines. Users experiencing functional access barriers may submit accommodation requests to WeCare@metroplexexpress.com.

8. SECURITY POLICY

Metroplex Express Solutions applies technical and organizational safeguards consistent with prevailing industry standards, including but not limited to:

  • Data encryption in transit and at rest

  • Access controls with MFA (multi-factor authentication)

  • Periodic penetration testing

  • Data loss prevention systems

  • Incident response protocols in accordance with applicable data protection law

9. DATA PROCESSING ADDENDUM (DPA)

This DPA supplements any service agreement and applies where Metroplex Express Solutions ("Company") processes Personal Data on behalf of the Client.

  • Purpose: Company shall only process Personal Data as instructed by Client.

  • Subprocessors: Company may engage subprocessors with reasonable due diligence.

  • Security Measures: Company will implement technical and organizational safeguards.

  • Data Subject Requests: Company will assist in fulfilling obligations under applicable privacy laws.

  • Breach Notification: Company will notify Client without undue delay in the event of data breach.

  • Return or Deletion: Upon termination, Company shall return or securely dispose of Client data.

  • Audit Rights: Client may audit or request proof of Company's compliance with this DPA.