Terms of Service for Prime Global Marketing
Effective Date: October 11, 2022
1. Agreement to Terms
These Terms of Service (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you,” “Client”), and Prime Global Marketing (“we,” “us,” or “our”), concerning your access to and use of our services and the https://primeglobalsourcings.com website (the “Site”).
By accessing our Site or engaging our marketing services (the “Services”), you acknowledge that you have read, understood, and agree to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
2. Services Description
Prime Global Marketing provides digital marketing and search engine optimization (SEO) services as detailed in individual service proposals or statements of work (“Service Agreement”). All Services are subject to these Terms unless otherwise explicitly stated in a mutually executed Service Agreement. We reserve the right to modify, suspend, or discontinue any Service at any time with reasonable notice.
3. Client Responsibilities
You agree to:
- Provide accurate, current, and complete information as required for service delivery.
- Provide necessary access to websites, analytics platforms, and advertising accounts in a timely manner.
- Secure all necessary rights, licenses, or consents for any materials (logos, content, etc.) you provide to us.
- Make timely payments for Services as outlined in your Service Agreement.
- Acknowledge that SEO and marketing results are influenced by numerous external factors (search engine algorithm changes, market competition, etc.) and are not guaranteed.
4. Intellectual Property Rights
- Our Intellectual Property: All content on the Site, including text, graphics, logos, and software, is our property or licensed to us and is protected by copyright and other intellectual property laws. You may not reuse, republish, or redistribute such content without our express written permission.
- Client Materials: You retain all rights to the materials you own and provide to us. You grant us a non-exclusive, royalty-free license to use, reproduce, and modify such materials solely for the purpose of providing the Services to you.
- Work Product: Upon full payment of all fees, you will own the final deliverables specified in the Service Agreement (e.g., a completed website, ad creative). We retain the right to use anonymized, aggregated performance data and to showcase your project in our portfolio, unless otherwise agreed in writing.
5. Payment Terms
Fees for Services will be specified in your Service Agreement. Standard payment terms are net 30 days from the date of invoice unless otherwise stated. Late payments may be subject to interest charges of 1.5% per month or the maximum rate allowed by law. You are responsible for any sales, use, or similar taxes associated with the Services.
6. Confidentiality
Both parties agree to hold each other’s confidential information in strict confidence and not to disclose it to any third party without prior written consent, except as required by law. Confidential information includes business plans, client lists, proprietary technology, and the terms of any Service Agreement.
7. Disclaimer and Limitation of Liability
THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IN NO EVENT SHALL PRIME GLOBAL MARKETING, ITS DIRECTORS, EMPLOYEES, OR PARTNERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, OR BUSINESS, ARISING FROM YOUR USE OF THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.
8. Indemnification
You agree to indemnify, defend, and hold harmless Prime Global Marketing and its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt arising from: (a) your use of and access to the Site or Services; (b) your violation of any term of these Terms; or (c) your violation of any third-party right, including any copyright or privacy right.
9. Termination
We may terminate or suspend your access to the Services immediately, without prior notice or liability, if you breach these Terms. Upon termination, your right to use the Services will cease immediately. All provisions of these Terms which by their nature should survive termination (including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability) shall survive.
10. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law provisions.
Any dispute arising from or relating to these Terms or the Services shall be resolved through final and binding arbitration in Natrona County, Wyoming, under the rules of the American Arbitration Association. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
11. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of material changes by posting the new Terms on this page and updating the “Effective Date.” Your continued use of the Site or Services after any such changes constitutes your acceptance of the new Terms.
12. Contact Information
For any questions about these Terms of Service, please contact us at:
Prime Global Marketing
200 N David St
Casper, WY 82601
Email: contact@primeglobalsourcings.com