Mall Savvy Inc. TERMS OF SERVICE
THE FOLLOWING TERMS OF SERVICE (TOS) APPLY TO ALL SERVICES OR AND PRODUCTS PROVIDED BY Mall Savvy Inc. TO YOU. BY PURCHASING SERVICES OR PRODUCTS FROM Mall Savvy YOU AGREE TO THESE TERMS OF SERVICE.

ABOUT TERMS
This TOS applies to all Services to be provided by Mall Savvy to you during the service term. Collectively, they are referred to in this document as the "TOS." Certain provisions of this TOS may not apply to you based on your Order. This TOS, together with your Order, represents the entire agreement relating to the Services and supersedes any agreements previously agreed between you and Mall Savvy, except those covering non-disclosure and confidentiality. Any other contract provisions imposed by you by your own order forms or otherwise are expressly excluded. Mall Savvy may alter this TOS at any time without notification to you. However, the current TOS is always available on our website. Your sole remedy in the event that you do not agree to any amendments shall be to provide us with written notice of termination within [10] business days of being notified of the amendment. No oral explanation or oral information given by any party shall alter this TOS.

ABOUT SERVICE SIGNUPS (ORDERS)
Each SIGNUP for Services by you shall be an offer by you to use the Services from Mall Savvy according to the terms of this TOS. No SERVICE shall be deemed to be accepted by Mall Savvy until it begins. The date on which we provide notice to you that service is started is the estimate date ONLY. Any service including "APPs" or website(s) are subject to the estimate date only and it may take more time for "APPs" then estimated in Service signup form. The signup form is to ensure that all products are provided under a usage licence of the services and no item is sold in anyway. This is your responsibility to keep the signup form in a safe place once given. There may be fee of $25 to produce a copy of sign up form.

All Service Orders will be reviewed by us to determine if they meet our financial, security and other reasonable criteria (Fraud Screen). You may not receive notice that your Order has been rejected because it fails to pass our Fraud Screen or any other reason. We are unable to provide additional information about the reasons a particular Service Order fails to pass the Fraud Screen or any reason.

Mall Savvy shall have no obligation to deliver any Services beyond those identified in the Service Order. You shall provide to us, at your cost, any information, resources or facilities reasonably requested by us for the delivery of the Services and, where necessary, ensure that your employees, contractors and other suppliers cooperate fully and promptly with us. Any instructions supplied by you to Mall Savvy in relation to the Services must be complete, accurate and clearly legible. Mall Savvy reserves the right to charge for any costs and any additional work incurred by Mall Savvy from a failure by you to comply with this provision, we shall not be liable for any errors caused by such a failure. We will provide services for the Site described in the Service Order. Our services are provided to you in accordance to the Terms of Service and Privacy Policy available on our website. If you would prefer to host the Site with another entity you may do so only if you buyout the site on "MSI" discretion. If you decide to do so then you have an option to buyout the site for market price determinded at the date & time of purcahse. Incase of cancellation of our website service, you can not use the designs created by us for your next project design without our prior written consent. We constantly monitor world wide web in effort to stop abuse of our intellectual property. In the event of partnership arrangment if any with-in your company is altered then Services may continue for a 7 days after the changes in organization becomes legal. If new partnership/owner enter in the your company then "MSI" needs to be notified us via email only and the new service signup form should be signed in 1 week to keep the services uninterrupted. We may modify our pricing plan if there are changes in the deal and those changes are accepted by us. We do not send copies of of signup order document as it is your responsibility to make a copy of signed signup form. We can email you a copy on your written request on a payment of a fee of $25 .

RESPONSIBILITY AND OWNERSHIP CONDUCT
Your contact information is saved with us and used when your company authorized staff member communicates with us. We may ask question(s) to make sure that communication occurs with authorized person only. Incase of non-satisfactory answers we will not be able to provide any support or communication. If you, create an account, on behalf of another person or entity, you warrant that you will administer the account in good faith and indemnify us against all losses and liabilities sustained by us should you administer the account in ways that are adverse to End User or result in any claim against us. For avoidance of doubt, the individual or entity saved in the Account Owner Information section is considered by us to be the owner of the account. The individual or entity paying for the Services is/may not considered by us to be the owner. It is your obligation to ensure that you correctly indicate/secure ownership of your account. If there is a dispute about ownership, the account will be locked until the parties to the dispute agree on a resolution, or until the matter is resolved judicially. In case of dispute or breach of terms / duration we may decide to shut down the services.

GENERAL TERMS AND CONDITIONS
Mall Savvy may disclose your name and address to a complaining party/individual if, in our reasonable discretion, it is necessary or appropriate to do so. However, we donot disclose customers emails collected at time of any processing of any online process. We try our best to contribute to less spam by not disclosing emails at all. The Services are provided to you as per the Service Order. You bear ultimate responsibility to ensure that the Services are designed to meet your operational, privacy and security needs. Your hardware, software and any other items you deem necessary to use the Services, must be compatible with the Services. You may not terminate an Service Order based on your inability to use the Services because such a use is incompatible with them.

PAYMENT
You are responsible for the Fees described the Service Order. Fees are due on the date written on your invoice (Due Date) or service signup form. You are responsible for all taxes and fees levied on the Service billed on the invoice. Invoices are payable by the Due Date without set-off or deduction. Unpaid invoices shall result in non functional services after the grace period of 10-15 days from the due date. We reserve the right to suspend the Service until we receive payment. Our obligation to provide the Service to you is contingent on your payment of the Fees by the Due Date. You must pay the Fees without set off or deduction. The Services are licensed to you during the time you pay the Fee. Your right to use the Services, and all items incorporated into the Services terminates upon your failure to pay the Fee and/or termination of this TOS. If you believe there is an error on your invoice, you must contact us in writing. We each agree to work together in good faith to resolve any billing disputes. Your dispute must include sufficient facts for us to investigate your claims and be received by us at least 7 business days prior to the Due Date (Dispute Deadline). You waive your right to dispute any charges or Fees if you fail to meet the Dispute Deadline. If we find that your claim is valid, we agree to credit the account that is the subject of the dispute on your next invoice. If you contact your credit card company, prior to notifying us of the dispute, and initiate a "chargeback" based on this dispute, and your chargeback claim is past the Dispute Deadline, you will be charged a $50 investigation fee and a $50 reactivation fee. This fee compensates us for the investigation your credit card issuer requires us to conduct in order to demonstrate our right to payment. We are pleased to provide you with a statement of account on your written request. This statement is based on our records. To ensure accounting consistency, we cannot alter the information in our records. We often offer special promotions, such as discounts or items provided at no charge (Special Promotions). These Special Promotions have specific terms, and generally do not apply to current customers. They do not apply to Renewal Terms. Please note that for online ordering service, the monthly fee can change when direct ordering is provided other than the back links to the website provided by us, for example direct ordering from the SEO provider business pages. If you/business referred by you terminate the Services to which a Special Promotion applied, the discount, or other benefit provided by the Special Promotion, will be removed, and your account will be re-billed as if it had been set up without the Special Promotion. If this results in additional Fees, you will be charged for those Fees. The signing authority on the Signup form is responsible to make the payments. In case when payment is made by any other share holder then both persons (signing authority & the person making the payment) are responsible for making the payments. Payment/bad debt are subject to collection and are reported to credit agencies. The signup is done from throug emails as well. Mallsavy does not refund whatsoever if work is commenced.

TERMINATION & CANCELLATION
Either party may terminate this Agreement upon written notice to the other if a party materially breaches any of these terms and the breaching party fails to correct the breach within ten days following the party's written notice, or immediately if the breach is incapable of cure.

TERMINATION BY Mall Savvy Inc.
Mall Savvy may terminate this Agreement (a) if you fail to pay any sums due to Mall Savvy as they fall due, (b) if, in Mall Savvy 's reasonable opinion, you do not have sufficient technical expertise to use the Service without excessive ongoing technical support, or (c) you violate this TOS or any agreement incorporated into it by reference. We may terminate a particular Service Order, or aspect of the Services, if a Third Party ceases to make components of them available to us, or if providing them to you becomes cost prohibitive.

TERMINATION BY YOU
You must terminate the Services through a written request. We will send you an email verification of the Termination Request (Termination Verification). You must acknowledge the Termination Verification to Terminate the Services. If you do not acknowledge the Termination Verification, or, you fail to use a Termination Request to terminate the Services, the Services will not be terminated, and Fees will still be charged. You must follow this procedure in order to terminate each Service. Once you provide us with the Termination Verification, it will take us five to seven calendar days to process the Termination. You are responsible for any Fees that accrue during this five-seven day period. If yearly deal is breached/broken then you are responsible for the 50% payment of the remaining deal period.

TECHNICAL SUPPORT
Our technical support is provided via the email exchange. Technical support is provided at our discretion, and during 9 am to 5 pm on week days and if available on week ends or any other holiday. In any program we provide for unlimited content updates is subject to fair/professionally managed. If your request for technical support exceeds that of similarly situated customers, or is based on your lack of sophistication, we may charge you our standard hourly rate for support. We will inform you, and receive your consent, prior to charging you for technical support. If you request technical support, you agree that we may have full access to your equipment, account and any and all items accessible to us based on your request. Because the technology underlying and supporting websites is complex, and in some cases unreliable, we do not guarantee that even with maintenance and technical support, the Service will always be functional. Maintenance and technical support is provided by us on a reasonable efforts basis.

INTELLECTUAL PROPERTY RIGHTS AND OTHER CONSENTS
During the Term, and as long as you have paid the Fees, we grant you a non-exclusive, limited right to use the software, websites, animations, video, audio or other items incorporated into the Services (Licensed Material by other party) in accordance with the terms and conditions of this TOS. You may not sublicense, resell or otherwise market the Licensed Material other than as a website/software. You may not use the Licensed Materials to compete with us, you may not alter, merge or adapt the Licensed Material in any way. You may not: (a) remove, modify or obscure any copyright, trademark or other notices of proprietary rights, and/or (b) reverse engineer, decompile or disassemble the Licensed Material. The Services shall not be "works made for hire" and/or you shall not own any interest in them. We retain rights in the underlying source code, standard functionality (including, but not limited to, content management system, web site structure, shopping cart, check out pages, coding, and scripts), and/or the Licensed Material, and have a lien on the Customer Content for unpaid Fees. We retain ownership, including the right to use, license, sell and otherwise commercialize the Licensed Material and/or the concepts developed by us or our service providers in performing our work hereunder for other purposes, including, but not limited to, creating other websites which incorporate functional elements of the Services. If we have not provided a license for you to use software as part of the Services, you agree to procure appropriate licenses to use the software (Required Licenses). "Required Licenses" means any licenses, consents or approvals required to use, software, hardware and other items installed on the Site, or whose use is facilitated by the Service. You agree to provide us with copies of the Required Licenses promptly following our written request. You are solely responsible for obtaining all intellectual property rights in the intellectual property of others, including but not limited to clearances and/or other consents and authorizations necessary to use the names, marks or other materials which are used by you in, or transmitted via, the Services (Objects). On becoming aware of any dispute between you and any other individual or organization regarding the Objects, Mall Savvy reserves the right, at its sole discretion and without notice or liability to you, to cease any further use of such Objects. This suspension includes, but is not limited to, deleting or suspending the Objects from its computer systems and/or to make appropriate representations or provide information to any relevant authority or interested party. From time to time you may provide us with information that may be used by us to improve the products and services we provide to you and other customers (Feedback Information). We shall own all intellectual property, and other rights in the Feedback Information. However, we shall have no ownership of your confidential information. The projects done under monthly subscription/service/fee or any other arrangments may often displayed on our "MSI" website even after the subscription/service is cancelled by either party. Any media work like images, video done at your premises is only for the project and not meant for your personal or any other use. The use of the said is only after written permission from MSI and or it is seperatly purchased.

COMPLIMENTARY AND / OR FREE
Any full or partial website/app/software whihc is complementory in nature is made available till it is avialable. The same could be for differnt platform or even one platform. For example, if iPhone App is complementory and if not avialable then Android app will made avialable. These apps can be taken off any time for any 3rd party issues or any unforeseen reason at MSI. The availability is not guaranteed for any complimentory product. Any media work like images, video done at your premises is only for the project and not meant for your personal or any other use. The use of the said is only after written permission from MSI and or it is seperatly purchased.

REPRESENTATIONS AND WARRANTIES
Mall Savvy Inc. Warrants. We represent and warrant: (a) that we will use commercially reasonable efforts to perform the Services in a professional and workmanlike manner, and (b) that we have the right to provide all components of the Services to you. If components of the Services are licensed to us by third parties, this second warranty is limited by those licenses. Your sole and exclusive remedy for our breach of warranty is for us to re-perform the Services, or, at our option, refund the Fees you have already paid to us for the Services that could not be performed, only there is no refund available if service/project/software/website have been worked on or once started. You represent and warrant that (a) you have the experience and knowledge necessary to use the Service, (b) you and your End Users understand and appreciate the risks inherent to you and your business that come from accessing the Internet, (c) you have sufficient knowledge about administering, designing and operating the functions contained in and facilitated by the Service necessary to take advantage of the Service, (d) that you will not violate any applicable laws and/or regulations in your use of the Service, and (e) that you own all intellectual property rights in, or have a license to use, any information you provide to us necessary for us to perform the Service, or to any information transmitted by us through the Service. OTHER THAN AS SET OUT IN THIS TOS, WE MAKE NO WARRANTIES, AND ANY IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED. THE SERVICE IS PROVIDED AS-IS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL OTHER EXPRESS, AND/OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE WILL MEET ANY OR ALL OF YOUR EXPECTATIONS, WILL OPERATE IN ALL OF THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY YOU, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. NO EMPLOYEE OR AGENT IS AUTHORIZED TO MAKE ANY WARRANTY ON OUR BEHALF.

LIMITATION OF LIABILITY
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT UNDER ANY CIRCUMSTANCES HOLD US OR OUR LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR THIRD PARTY VENDORS, LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU OR ANY OTHER THIRD PARTY. YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE TO YOU IN THE AGGREGATE WITH RESPECT TO ANY AND ALL BREACHES, DEFAULTS, OR CLAIM OF LIABILITY UNDER THIS TOS FOR AN AMOUNT GREATER THAN THE FEES ACTUALLY PAID BY YOU TO US DURING THE THREE MONTH PERIOD PRECEDING A CLAIM GIVING RISE TO SUCH LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, YOU AGREE THAT IN THOSE JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

INDEMNITY
Each party shall indemnify and hold the other harmless from, and at its own expense agrees to defend, or at its option to settle, any claim, suit or proceeding brought or threatened against the other party so far as it is based on a claim that the Customer Content on the one hand, or the Service (fully owned by us) supplied hereunder on the other, infringes any Canadian patent, copyright, or trademark, or that a Required Consent has not been procured. This paragraph will be conditioned on the party seeking indemnification notifying the other party promptly in writing of the claim and giving the party providing indemnification full authority, information, and assistance for the defense and settlement thereof. The partyseeking indemnification shall have the right to participate in the defense of the claim at their expense. If, in our case, such a claim has occurred, or is likely to occur, you agree to permit us, at our option and expense, either to: (a) procure for you the right to continue using the Service, (b) replace with a product or service, regardless of manufacturer, performing the same or similar function as the infringing Service, or modify the same so that it becomes non-infringing, or (c) if neither of the foregoing alternatives is reasonably available, immediately terminate our obligations (and your rights) under this Agreement with regard to such Service. This shall be your sole and exclusive remedy for Canadian patent, copyright, or trademark infringement claim based on this Agreement.

NOTICES
You are required to provide notices to us about the Services in written only. We will provide notices to you using the information you provide to us as email or phone or fax based on the priority of the matter. We have no responsibility for misdirected notices based on your failure to provide correct information. Termination notices must be provided in written.

RESOLUTION OF DISPUTES & CHOICE OF LAW
Any dispute, controversy or claim (individually and collectively a "Dispute) arising under this Agreement shall be resolved in accordance with the procedures set forth in this Section. In the event of a dispute between the parties relating to this Agreement, each of the parties shall designate representative who has authority to settle the dispute. This will take place no later than seven business days after the initial request for dispute resolution. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the dispute and negotiate in good faith in an effort to resolve the dispute. The specific format for such discussions will be left to the discretion of the designated representatives, however, all reasonable requests for relevant information made by one party to the other shall be honored. If the parties are unable to resolve issues related to a dispute within thirty days after a party's request is made, the dispute shall be submitted for arbitration. The arbitration shall take place in Edmonton, Alberta Canada. The dispute shall be heard by a single arbitrator who has qualification and experience in the field of Software, web design & services provided. The arbitrator shall not be entitled to award punitive damages, or attorney's fees.

If the procedures set out in the previous paragraph fail, the parties agree that all disputes shall be brought before the CANADIAN Court for the Courthouse of Edmonton Court. If the Edmonton city Court may not consider the dispute, all disputes shall be brought before the Superior Court located in Alberta. The parties agree that after the procedures above have been followed, these courts shall have exclusive jurisdiction over all disputes and other matters relating to the interpretation and enforcement of this Agreement or any other document entered into by the parties. Further, the parties agree that venue shall be proper in the appropriate court set out above, and agree that they shall not contest notice from that court. Provincial law issues concerning construction, interpretation and performance of this Agreement shall be governed by the substantive law of the District of Alberta, excluding its choice of law rules. The United Nations Convention on Contracts for International Sale of Goods shall not apply.

MISCELLANEOUS
If any provision of this Agreement or part thereof shall be void for whatever reason, the offending words shall be deemed deleted and the remaining provisions shall continue in full force and effect. Your rights and obligations under this Agreement are personal to you, and you shall not assign, lease, charge, sub-license, or otherwise transfer such rights and obligations in whole or in part. Mall Savvy reserves the right to sub-contract any of the work required to fulfill the Services and to assign this Agreement.
Except for the obligation to pay the Fees, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party's reasonable control, including without limitation acts of God, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, failures of telecommunication carriers, delays of common carriers, or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day to day basis for the time period equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible, but in no event less than ten days from the beginning of the event.
Any delay or forbearance by either party in enforcing any provisions of this Agreement or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.Paragraph headings have been included in this Agreement for convenience only and shall not be considered part of, or be used in interpreting, this Agreement.
This Agreement does not create any agency, partnership, joint venture, or franchise relationship. Other than as set out herein, neither party has the right or authority to, and shall not, assume, create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever. The Services we provide are not to be used for pharmaceutical or any other controlled substances or illegal drugs, illegal drug contraband, alcohol, fire arms, weapons, pirated computer programs, pornography or illicitly pornographic sexual products, illegal goods, escort or other adult services, instructions on how to assemble or make bombs, grenades or other weapons, or information used to circumvent manufacturer-installed copy-protect devices.

Copyright and Trademark Notice
Mall Savvy website and its contents, including, but not limited to all included text, photographs, graphics, illustrations, video, sound, and other material (all these collectively referred to as "Content") are protected under Canada and international copyright laws and are the property of Mall Savvy or its third-party licensors. All rights reserved. All logos, splash screens, page headers, custom graphics, and button icons displayed on the Mall Savvy are service marks and/or trademarks of Mall Savvy or its third-party licensors. Copying, distributing, transmitting, displaying, modifying, selling, or participating in the sale of, or otherwise exploiting or using any Content or any marks in any form or by any means without the express written permission of the Company is strictly prohibited and shall violate the international copyright or trademark laws, those of the Canada and/or other countries.

DEFINITIONS
"End User" is the individual or entity who uses, or to whom you provide your services,
"Fees" means the charges or commission to be paid by you for the provision of the Services as set out in any Signup form Order or, if not set out on the Signup/Order, those set out on our website,
"Objects" means any names, marks or materials and any other information, documents or software which you supply to Mall Savvy under this Agreement,
"Order" means the signup form, order form or purchase order, including electronic and online forms, or letter signed or physical document signed and/or submitted by you or on your behalf requesting Services,
"Server" means the computer server equipment operated by any web hosting provider in connection with the provision of the Services or operated by a Third Party or to which the Services are provisioned,
"Service" or "Services" means any and all services provided by Mall Savvy under this TOS including, without limitation, domain name registration services, domain name portfolio management services, domain name searching, monitoring and recovery services, space hosting, web, email and Usenet searching and monitoring services and professional services and any other services requested by you which may be provided from time to time,
"Site" means the HTML, other code/scripts, pictures, and Customer Material, the details of which are set out on the Order, and which is the ultimate goal of the Service,
"Apps" means iPhone apps, android apps for smart devices.
"Space" means the area on the Server allocated by Mall Savvy/third party hosting to you for use by you as a site on the Internet, unless or otherwise specifically mentioned on the order,
"Term" means the period during which this Agreement binds the parties,
"TOS" means these terms and conditions, including all documents incorporated by reference,
"You" and "your" mean the person, firm or company who purchases Services from Mall Savvy and "We," "us" or "our" means Mall Savvy Inc..