Terms and Conditions – Primewillcall

Effective Date: 09/30/2024

This Terms of Service (“TOS”) is made and effective as of the date of acceptance, by and between you and Primewillcall. As referred to in this Terms of Service, “we”, “us”, “our” and “Primewillcall” refers to Primewillcall Group while “you”, “your” and “Client(s)” means the Primewillcall User (if registering for or using Primewillcall Services as an individual) or the business employing the Primewillcall User (if registering for or using Primewillcall Services as a business) and any of its affiliates. “Site” refers to a World Wide Web site and “Primewillcall Site” refers to the Site located at the URL (https://primewillcall.com/) or any other successor sites owned or maintained by Primewillcall. WHEREAS, Primewillcall owns, distributes and provides various products and services for conducting business on the Internet including: web hosting, domain registration, e-commerce solutions and the Primewillcall family of services (hereinafter collectively referred to as the “Services”). WHEREAS, you desire to utilize some or all of the Services to develop, enhance or maintain your business and/or presence on the Internet.
mywall.me is a social networking platform provider that allows you to build your own online webstore (“Store”) as well as sync multiple online and offline sales channels to manage product, inventory and order fulfillment. Primewillcall is located at F-12/1, DLF Phase – 1, Sector 27, Golf Course Rd, Gurugram, Haryana 122002.
By subscribing Primewillcall Services, you accept that you have read and understand, and agree to be bound by the terms and conditions set below and any future amendments thereto (“Terms of Service”). IF DO NOT WISH TO ACCEPT THESE TERMS OF SERVICE, KINDLY DO NOT PROCEED WITH SUBSCRIPTION.

1. Primewillcall SERVICES

Primewillcall agrees to provide you the Services agreed upon between Primewillcall and you as selected by you in Primewillcall’s customer database that is specified at Primewillcall Sites.

2. PAYMENT, INVOICING AND REFUND

2.1 In consideration of the performance of the Services, you shall pay Primewillcall yearly in advance the amount set forth in Primewillcall’s customer database as such records are amended from time to time for the Services during the term of this TOS.
2.2 You shall receive a confirmation letter via e-mail at the time you contract for the Services, which shall confirm the fees payable to Primewillcall. Thereafter, you shall receive a yearly billing statement for the upcoming month. The yearly billing statement shall indicate any changes in fees, which fees shall become effective upon thirty (30) days’ notice as set forth in Section 2.4 herein.
2.3 You are responsible for all activities and charges resulting from your use of the Services. You agree to pay all fees, bandwidth charges, connect time charges, surcharges, and other charges incurred by you and set forth in the yearly billing statement. You acknowledge that no refunds will be given by Primewillcall in the event that your account is terminated by Primewillcall or your mid-term. In the event of a breach of security, you will remain liable for any unauthorized use of the Services until you notify Primewillcall by sending an e-mail with account information to [email protected].
2.4 Current rates for using the Services may be obtained on our website at www.mywall.me. Primewillcall reserves the right to change fees, surcharges, yearly membership fees or to institute new fees at any time. In addition, Primewillcall may institute special trial offers, from time to time, that shall be reflected in the confirmation letter sent to you upon sign up. If Primewillcall does not receive the full amount of your Service account balance within thirty (30) days of invoice date, a late charge equal to 1.5% per month or highest amount allowed by law per month will be added to your bill and shall be due and payable. You shall also be responsible for all attorney and collection fees arising from Primewillcall’s efforts to collect any unpaid balance of your account(s), and Primewillcall may terminate your account immediately without further notice.
2.5 Refund
2.5.1 Domain registration/transfer/renewal services is not refundable once sold.
2.5.2 Packages of Primewillcall Solution are entitled for 14 days money back guarantee. All refund will have to deduct domain fee (if applicable any). After 14 days, Primewillcall Multichannel Solution packages are not refundable once sold.
2.5.3 Product or services that are not mentioned above are not refundable once sold.

3. RESPONSIBILITIES AND RIGHTS OF Primewillcall

3.1 Means of Performance. Primewillcall shall provide you with the Primewillcall services, as described at www.mywall.me hereto. Primewillcall has the right to control and direct the means, manner, and method by which the services are performed.
3.2 Support. Primewillcall shall provide a reasonable level of technical support to you via email or Web page for the term of this TOS.
3.3 Other Work. Primewillcall has the right to perform and license products to others during the term of this TOS. Primewillcall may elect to electronically monitor the host services and may disclose any content or records to satisfy any law, regulation, or other governmental request or to properly operate host services and protect its clients. Primewillcall reserves the right to block any site hosted by Primewillcall that contains any content that Primewillcall deems in its sole discretion to be unacceptable or undesirable.
3.4 Primewillcall hold the right to modify or terminate the Service for any reason, without notice at any time.
3.5 Primewillcall reserve the right to refuse service to any party for any reason at any time.
3.6 Primewillcall has the right to remove Web Store Content containing unlawful, offensive, threatening, libelous, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
3.7 Primewillcall does not pre-screen Store Content and it is in our sole discretion to refuse or remove any Store Content that is available via the Service.
3.8 Primewillcall has the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment.
3.9 In the event of a dispute regarding Account ownership, Primewillcall reserve the right to request documentation to identify and confirm Account ownership. Documentation may include a scanned copy of your SECP business license certificate, Company letterhead and so forth.
3.10 Primewillcall has the right to determine, make final judgement of the rightful Account ownership and transfer the Account to the rightful owner.
3.11 If we are unable to reasonably determine the rightful Account owner, Primewillcall reserves the right to temporarily disable the Account until resolution has been determined between the disputing parties.

4. RESPONSIBILITIES AND RIGHTS OF CLIENT

4.1 Client. You represent and warrant that (i) You are at least eighteen (18) years of age, (ii) You possess the legal right and ability to enter into this Terms of Service, and (iii) the performance of your obligations and use of the Services by you, your customers and users, will not violate any applicable laws, regulations or the rules and regulations or cause a breach of any agreement with any third parties or unreasonably interfere with other Primewillcall clients’ use of Services. You assume all risks related to processing of transactions related to electronic commerce. You agree to provide Primewillcall with accurate, complete and updated information required by the registration of the Primewillcall host service (your Registration Data), including your legal name, address, telephone number(s), and applicable payment data (e.g., credit card number and expiration date). You agree to notify Primewillcall within thirty (30) days of any changes in your Registration Data.
4.2 Breach of Warranties. In the event of the breach of any of the foregoing warranties, in addition to any other remedies available at law or in equity, Primewillcall will have the right, in its sole discretion, to suspend or terminate immediately any Services.
4.3 Fees and Expenses. You shall be responsible for payment of all costs, fees and expenses assessed by third parties in the course of being provided Services. Such costs include, but are not limited to, the fees required to register and maintain domain names, which is governed by a separate agreement between you and a third-party domain name registrar.
4.4 Third-Party Software. Third-party software available through the Services may be governed by separate end user licenses. By using the Services and the third-party software, you agree to be bound by the terms of such end user licenses regarding the applicable third-party software. You consent and authorize Primewillcall to delegate the authorizations you provide to Primewillcall to its third party service provider(s) as Primewillcall deems necessary or desirable to provide the applicable Services. You agree that the terms and conditions of this TOS, including any of the other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this TOS, inure to the benefit of such third party service providers and such third party service providers are deemed to be third party beneficiaries of the TOS, including any other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this TOS. You also agree that all reference to “Primewillcall” within this TOS and any incorporated terms are also deemed to include, where applicable, Primewillcall’s agents, such as the third party service providers.
4.5 Advertising, Solicitation, and Client Name Harvesting. You may not use the Services to send unsolicited advertising, promotional materials, or other forms of solicitation to the Primewillcall clients or other Internet users unless you receive the express permission of such individuals. You may not use the means of unsolicited advertising to advertise a site hosted on the Primewillcall network. You may not use the Services to collect or “harvest” user-names of Primewillcall clients or other Internet users without the expressed prior permission of the member. Primewillcall reserves the right to block or filter mass email solicitations sent from sites hosted on the Primewillcall network.
4.6 Management of Site. You shall be solely responsible for all content available on or through its site, and shall at all times be subject to the terms of this TOS and any generally applicable guidelines and service standards published by Primewillcall. You warrant that your site hosted on the Primewillcall network (i) will conform to the Primewillcall TOS (ii) will not infringe and will not contain any content that infringes on or violates any copyright, U.S. patent or any other third-party right; and (iii) will not contain any content which violates any applicable law, rule or regulation. Primewillcall shall have no obligations with respect to the content available on or through any site hosted on the Primewillcall network, including, but not limited to, any duty to review or monitor any such content. Primewillcall reserves the right to block any site that violates any of the above-stated terms, or which in Primewillcall’s sole discretion, Primewillcall deems objectionable or offensive, or otherwise violates a law or Primewillcall policy, or, in the alternative, to terminate this TOS in accordance with Section 8.3 herein.
4.7 Management of Content. All services provided by Primewillcall may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Malaysia law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statue. You agree to indemnify and hold harmless Primewillcall from any claims resulting from the use of the service which damages you or any other party. Note: Pornography and sex-related merchandising are prohibited on any Primewillcall server. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Primewillcall servers or any other server on the internet. Links to such materials are also prohibited.Examples of non-acceptable content or links:
Pirated software, Bulk Email related products, Pornography/Nudity/Adult Content, Hacking/cracking related websites, Warez and/or copyrighted MP3s, Illegal material or material that is against public policy, Sites containing or linking to material that may be considered detrimental to the public health, safety, or welfare. (Such as, but not limited to: Anarchists Cookbook, bomb making, weapon information, or anything else that may be considered detrimental or illegal.)
Primewillcall will be the sole arbiter as to what constitutes a violation of this provision, and reserves the right to deactivate and remove any site at any time for any reason without refund!
4.8 Compliance Laws. You agree that you will use the Services only for lawful purposes and in accordance with this TOS. You will comply at all times with all applicable laws and regulations and the TOS, as updated by Primewillcall from time to time. The TOS are incorporated herein and made a part hereof by this reference. Primewillcall may change the TOS, with notice, which notice may be provided by posting such new TOS at the Primewillcall Site. You may request a current copy of the TOS by sending or faxing a request to Primewillcall. You agree that you have received, read and understand the current version of the TOS.
4.9 Proprietary Rights. Unless otherwise specified, all work performed hereunder, is the property of Primewillcall, and all title and interest therein shall vest in Primewillcall. To the extent that title to any such works may not, by operation of law, vest in Primewillcall all rights, title and interest therein are hereby irrevocably assigned to Primewillcall. All such materials shall belong exclusively to Primewillcall, and Primewillcall shall have the right to obtain and to hold in its own name, copyrights, trademarks, registrations, or such other protection as may be appropriate to the subject matter; and any extensions and renewals thereof. You agree to give Primewillcall and any person designated by Primewillcall such reasonable assistance, at Primewillcall’s expense, as is required to perfect the rights defined in this paragraph.
4.10 Marketing Rights. You agree that Primewillcall may refer to you, or your business in Primewillcall marketing materials, the Primewillcall website, and communication to Primewillcall’s current and prospective clients. You grant Primewillcall a limited license and permission to use any of your trade name and/or trademark for such, and only for such, purposes.
4.11 Copyright Violations. Primewillcall will respond to all reports of infringement that are formatted in accordance with the Digital Millennium Copyright Act and any other applicable copyright laws. Notices of infringement that do not comply with this act will not be processed. We will act in accordance with the DMCA when handling infringement reports.
4.12 System Resource Usage. If Primewillcall’s system administration team determines that your account is utilizing an unacceptable amount of system resources, Primewillcall may temporarily deactivate the account in question. If Primewillcall’s staff deems necessary, an eviction notice may be sent to you of an offending account providing you with ten (10) days in which to either upgrade to a dedicated server or locate a new provider. This only occurs in extreme cases. Primewillcall will be the sole arbiter as to what constitutes a violation of this provision. Because of the nature of this provision, each account will be considered and analyzed individually.
4.13 Domain Parking Circumvention. Any attempt to circumvent domain parking restrictions by using selective HTTP redirects or any other method to send traffic from parked domains to sites other than the main site is strictly prohibited. If multiple domain names with separate content are required, domain pointers must be used instead.
4.14 Backups. Primewillcall’s hosting accounts include a nightly backup service, however these backups are for Primewillcall’s administrative purposes only, and are in NO WAY GUARANTEED! You shall be responsible for maintaining your own backups on your own personal computers. Primewillcall does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on Primewillcall’s part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always backup your site’s contents by exporting it to CSV file to your personal computer! We make no guarantees about the availability of backups.
4.15 Support Abuse. At Primewillcall, we always treat our clients with the utmost respect. In return, we expect the same from you. If our staff feels that you are consistently addressing them in a demeaning or rude manner, your account may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for support abuse, you will be given ten (10) days notice to find a new host. We will issue a refund only for the unused portion of pre-paid service. Note: Due to our extremely high customer satisfaction rate, we have never had to invoke this clause.
4.16 Unsolicited Email (SPAM). SPAMing, or the sending of unsolicited email, from a Primewillcall server or using a return email address that is maintained on a Primewillcall is STRICTLY prohibited. Using SPAM to advertise a site hosted on Primewillcall’s network also constitutes as a violation of this provision. Primewillcall will be the sole arbiter as to what constitutes a violation of this provision. Sites found to be in violation of our SPAM policies will be immediately deactivated and no refund will be issued.Help us STOP SPAM! Please email our abuse department immediately to report a violation of our SPAM policies.
4.17 Server Abuse. Any attempts to undermine or cause harm to a Primewillcall’s server or client of Primewillcall is strictly prohibited.Primewillcall will be the sole arbiter as to what constitutes a violation of this provision. If you are found in violation of this provision, you will be subjected to account deactivation without refund. Primewillcall will turn all available information about abuse incidents, including your contact data, over to the proper authorities and press charges.
4.18 Failure to Follow Policies. Failure to fully comply with these terms is grounds for account suspension and/or deactivation (with or without refund, subject to Primewillcall’s discretion). Any accounts and/or servers contained within Primewillcall’s network must adhere to the above policies.We reserve the right to remove any account without prior notice. If we deactivate your account for violating policy, you will forfeit your rights to a refund–and none will be given. No refunds for advanced payment. Our normal policy is a warning first, and account deactivation the second offense, but no warning is required. Primewillcall reserves the right to deactivate and remove any site hosted on our servers that contains any content that it deems in its sole discretion to be unacceptable, undesirable or contraindicated.

5. LIMITATION OF LIABILITY, NO OTHER WARRANTY AND DISCLAIMER

5.1 Limitation. In the event that any limited guarantees are provided by Primewillcall, such limited guarantees are null and void if you fail to follow other Primewillcall policies or otherwise breach this Terms of Service in any respect.
5.2 No Other Warranty. Primewillcall does not monitor or exercise control over the content of the information transmitted through its facilities. Use of the Services or any information that may be obtained there from is at your own risk. The Services are provided on an “as is” basis, and your use of the Services is at your own risk. Except as provided in the order form(s), Primewillcall does not make, and hereby disclaims, any and all other express and/or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement and title, and any warranties arising from a course of dealing, usage, or trade practice. Primewillcall does not represent or warrant that the Services will be uninterrupted, error-free, or completely secure. Primewillcall does not warrant that the quality of any products, services, information, other material purchased, or any errors in the Service will be corrected.In no event shall Primewillcall or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Primewillcall partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
5.3 Disclaimer of Actions Caused by and/or Under the Control of Third Parties. Primewillcall does not and cannot control the flow of information to or from Primewillcall’s network and other portions of the Internet. Such flow depends in large part on the performance of the Internet services provided or controlled by third parties. At times, actions or inactions of such third parties may impair or disrupt your connections to the Internet (or portions thereof). Primewillcall cannot guarantee that such events will not occur. Accordingly, Primewillcall disclaims any and all liability resulting from or related to such events.

6. INTELLECTUAL PROPERTY AND CUSTOMER CONTENT

6.1 Images displayed in the templates by Primewillcall are solely for illustration purposes and the copyright belongs to the respective owners. Primewillcall does not claim any intellectual property rights over the illustration images in the templates by Primewillcall and the material you provide to the Primewillcall service. All material you upload remains yours.
6.2 You can remove your Primewillcall store at any time by deleting your Account.
6.3 By uploading Store Content, you agree: (a) to allow other internet users to view your Store Content; (b) to allow Primewillcall to display and store your Store Content; and (c) that Primewillcall can, at any time, review all the Store Content submitted by you to its Service.
6.4 You retain ownership over all Store Content that you upload to a Primewillcall store; however, by making your store public, you agree to allow others to view your Store Content. You are responsible for compliance of Store Content with any applicable laws or regulations.
6.5 We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
6.6 Primewillcall shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service.
6.7 You acknowledge that these Terms of Service does not grant you any title or proprietary right or interest over Primewillcall Services’ software and technology, and any other eCommerce solutions or services provided by Primewillcall. You shall not perform or attempt to perform any of the following actions:
Subleasing or otherwise offering for access any of the Primewillcall Services to any third parties;
Reverse engineering, reverse compiling or otherwise deriving the underlying source code, structure or sequence of Primewillcall Services’ software and technology; or
Deleting or altering author attributes or copyright notices (unless expressly permitted in writing by the author or owner).
6.8 “Primewillcall” and its logos are trademarks of Primewillcall and the compilation, collection, selection, arrangement, assembly and coordination of all content available on the Primewillcall website are the exclusive copyright of Primewillcall .

7. INDEMNIFICATION

You agree to indemnify, defend and hold Primewillcall and its affiliates, agents, employees, and licensors (including the third party service providers) harmless from any and all claim, demand, loss, costs or expense, including attorneys’ fees, made by any person arising out of your violation of this Terms of Service, State or Federal Securities laws or regulations, or any other person’s rights including but not limited to infringement of any copyright or violation of any proprietary or privacy right. Under no circumstances, including but not limited to a negligent act, will Primewillcall or its affiliates, agents, employees, or licensors (including third party service providers) be liable for any damages of any kind that result from the use of, or the inability to use, Services, even if any such party has been advised of the possibility of such damages.
In no event will Primewillcall or its third party service providers be liable to you or any third Party for any tort, contract or any other liability arising in connection with the use of the Services, or reliance on any information or services provided by Primewillcall. Primewillcall and its third party service providers will under no circumstances be liable to you and/or any third party, regardless of the form of action, for any loss of profits, goodwill, use, data or other intangible losses, or any direct, indirect, special, consequential, incidental or punitive damages whatsoever, even if Primewillcall or its third party service providers has been advised of the possibility of such damages, resulting from: (i) the use of the inability to use the Services; (ii) the timeliness, deletion, misdelivery, or failure to store any client data, communications or personalization settings; (iii) the cost of getting substitute goods and services resulting from any products, data, information or services purchases or obtained or messages received or transactions entered into, through or from the Services; (iv) statements or conduct of anyone on the Services; (vi) the use, inability to use, unauthorized use, performance or non-performance of any third party, even if the third party has been advised previously of the possibility of such damages; or (vii) any other matter relating to the Services. You agree that you will not in any way hold Primewillcall responsible for any selection or retention of, or the acts or omissions of, third parties (including third party service providers) in connection with the Client Services.
Because some states prohibit the limitation of liability for consequential or incidental damages, in such states the limitation of liability only with respect to consequential or incidental damages may not apply to you, and the respective liability of Primewillcall and its third party service providers, employees, distributors and agents is limited to the greatest extent allowable under applicable law in those states.
In the event that a court or arbitration panel, as the case may be, should hold that the limitations of liability or remedies available as set forth in this Terms of Service, or any portions thereof, are unenforceable for any reason, or that any of your remedies under this Terms of Service fail, then you expressly agree that under no circumstances will the total, aggregate liability of Primewillcall and its third party service providers, employees, distributors, agents or affiliates, to you or any party claiming by or through you for any cause whatsoever exceed $100 (U.S.), regardless of the form of action and whether in contract, statute, tort or otherwise.

8. SITE CONTENT MODIFICATION AND TERMINATION (EXIT PLAN)

8.1 Without Cause. This Terms of Service may be terminated by either party at any time during any Renewal Term for any or no reason upon either party giving to the other no less than five (5) days’ prior written notice of termination. No matter which party terminates the Terms of Service pursuant to this Section 8.1, any and all payment obligations of yours under this Terms of Service for Service(s) provided through the date of termination will immediately become due, and you shall be required to prepay for any portion of the Services that have not been paid for and are to be rendered during such five (5) day period.
8.2 For Cause. In addition to any other rights it may have under this Terms of Service or applicable law, Primewillcall may immediately terminate this Terms of Service or suspend service, effective without notice, in the event of (i) a default in payment, or (ii) your breach or failure to comply with the Terms of Service or other policies of Primewillcall. You may terminate this Terms of Service if Primewillcall breaches any material term or written notice of same. If this Terms of Service is terminated by Primewillcall under this Section 8.2, all balance of the then current term shall immediately become due and payable. In addition to the foregoing, Primewillcall reserves the right to prohibit any conduct or to remove any materials or content in violation of the Terms of Service or which Primewillcall believes in its sole discretion to be illegal or potentially harmful to others or may expose Primewillcall to harm or liability.
8.3 No Liability for Termination. Neither party will be liable to the other for any termination or expiration of any Services of this Terms of Service in accordance with its terms.
8.4 Survival. The following provisions will survive any expiration or termination of the Terms of Service: Section 4, 5, 6, 7, and 8.
8.5 IP Address. Upon expiration, cancellation or termination of this Agreement, you shall relinquish any Internet protocol (“IP”) numbers, address or address blocks assigned to you by Primewillcall or its network services supplier (but not the URL or top level domain connected therewith). Primewillcall reserves, in its sole discretion, the right to change or remove any and all such IP numbers, addresses or address blocks.
8.6 Certain data that is stored in Primewillcall can be migrated out personally such Customers, Products & Orders can be exported out via CSV File Format. Besides, Images and email data can be migrated out in raw format upon request.
8.7 Data will be removed after 2 months’ period of plan expiration. Within the 2 months’ period of plan expiration, you may contact Primewillcall team for renewal of the eCommerce Plan. You reserve the right to request Primewillcall team to perform immediate data removal at any time.
8.8 You own the ownership of domain name that is registered through Primewillcall. You have the right to transfer the domain name to other services provider before 30 days of the domain expiration date or you may continue to renew the domain through Primewillcall even though you cease the eCommerce plan subscription.
8.9 If a domain name expires and falls under suspension status, It can’t be renew. Unless a certain penalty fee to be paid for renewal.
8.10 Primewillcall eCommerce engine, software, coding structure and cart systems cannot be transferred or migrated out from our server. Due it’s Primewillcall intellectual property.
8.11 Any customization functions or additional add on services that is purchased for Primewillcall eCommerce usage cannot be migrated out or request for refund when you stop your subscription with Primewillcall service. *Exclude SSL Certificate.
8.12 Primewillcall may make changes to your Store to rectify the infringing content if you breach any of the provisions of these Terms of Service and you fail to remedy it within the time period set out in our email notification to you or you fail to conform to the instructions in our notification to our absolute satisfaction.
8.13 You agree that Primewillcall shall not be liable for any damage, foreseeable or unforseeable, direct or indirect, that may result from the changes made to your Store under this section 8.12.

9. PRIVACY POLICY

9.1 Primewillcall values your privacy. By using the Service, you acknowledge, agree and accept all the terms and conditions of our Privacy Policy at https://market.primewillcall.org/privacy_policy
9.2 For your information, Primewillcall employs Secure Socket Layers (SSL) to protect all your personal information. Primewillcall uses designated processors to handle all credit card payments and does not store any credit card information in any format or record.

10. GENERAL

10.1 Assignment. You may not assign this Terms of Service or any of your rights or obligations hereunder without the prior written consent of Primewillcall, and any such attempted assignment shall be void. This Terms of Service shall be binding upon the parties’ respective successors and permitted assigns.
10.2 Notices. Any notices or communication under this Terms of Service shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by postal mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile.
If to Primewillcall Group.:
F-12/1, DLF Phase – 1, Sector 27, Golf Course Rd, Gurugram, Haryana 122002If to Client:
To Client address provided at account set-up.
10.3 Governing Law. This Terms of Service, and all future agreements you may enter into with Primewillcall, unless otherwise indicated on such other agreement, will be governed by the laws of India, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with Primewillcall in India or elsewhere. If any part of the Terms of Service is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. This Terms of Service and Primewillcall policies are subject to change by Primewillcall without notice. Continued usage of the Services after a change to this Terms of Service by Primewillcall or after a new policy is implemented and posted on the Primewillcall Site constitutes your acceptance of such change or policy. We encourage you to regularly check the Primewillcall Site for any changes or additions.
10.4 Modifications. No modifications, amendment, supplement to or waiver of this Terms of Service or any exhibit hereunder, or any of their provisions shall be binding upon the parties hereto unless made in writing and duly signed by both parties.
10.5 Waiver. A failure of either party to exercise any right provided for herein shall not be deemed to be a waiver of any right hereunder.
10.6 Severability. In the event any one or more of the provisions of the Terms of Service or any exhibit is invalid or otherwise unenforceable, the enforceability of remaining provisions shall be unimpaired.
10.7 Force Majeure. Primewillcall and its affiliates, agents, employees, or licensors (including third party service providers) shall not be liable for failure to perform any obligation under this Terms of Service if such failure is caused by the occurrence of any contingency beyond the reasonable control of such party, including without limitation, fire, flood, strike, and other industrial disturbance, failure to transport, accident, war, riot, insurrection, act of God or order of governmental agency. Performance shall be resumed as soon as possible after cessation of such cause. However, if such inability to perform continues for fifteen (15) days, the other party may terminate this Terms of Service without penalty and without further notice.
10.8 Independent Contractors. The parties to this Terms of Service are independent contractors. Neither party is an agent, representative, or partner of the other party. Neither party shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party. This Terms of Service shall not be interpreted or construed to create an association, agency, joint venture or partnership between the parties or to impose any liability attributable to such a relationship upon either party.
10.9 Implied Agreement. CONTINUED USE OF THE SERVICES AND/OR PRODUCTS CONSTITUTES IMPLIED AGREEMENT WITH THIS TERMS OF SERVICE IN THEIR ENTIRETY. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS ASSOCIATED WITH SAID SERVICES, INCLUDING THIS TERMS OF SERVICE.
YOUR ONLY RECOURSE IN THE EVENT OF A DISAGREEMENT IS TO TERMINATE THIS CONTRACT IMMEDIATELY IN ACCORDANCE WITH SECTION 8 HEREIN.
10.10 Entire Agreement. This Terms of Service, sets forth the entire agreement, and supersedes any and all prior agreements of the parties with respect to the transactions set forth herein. Neither party shall be bound by, and each party specifically objects to, any term, conditions or other provisions which are different from or in which is proffered by the other party in any correspondence or other document, unless the party to be bound thereby specifically agrees to such provision in writing.
10.11 No Party Deemed Drafter. In the event that any provision hereof is construed by a court of law or equity or an arbitrator, no provision herein shall be construed more harshly against either party as drafter.
Questions?
Any questions regarding this agreement should be sent to Primewillcall’s Sales Department prior to signing up for service.