Common use of Dispute Management Clause in Contracts

Dispute Management. 10.1 In the event where the Client has not, can not or will not authorise settlement to the Service Provider or a Service Provider has not, can not or will not authorise a Transaction Can- cellation request from the Client, the GoEscrow Dispute Management pro- cesses may be invoked. 10.2 In the event Dispute Manage- ment is invoked GoEscrow will hold escrow funds on behalf of both Par- ties and will not act to make any de- termination on any party outside of the agreement terms allowing the parties to engage each other to re- solve their dispute or engage third party arbitration services or invoke other legal remedies. For assistance see the Australian Government links at the bottom of URL page: https:// ▇▇▇▇▇▇▇▇.▇▇▇.▇▇/▇▇▇▇▇▇▇▇▇▇▇-▇▇▇/ 10.3 To inform ▇▇▇▇▇▇▇▇ about a dispute and have all activity on a transaction suspended complete the form here ▇▇▇▇▇://▇▇▇▇▇▇▇▇.▇▇▇.▇▇/ disputedesk-app/ 10.4 Within twenty four business hours of submission if information entered matches the Site transaction data held by GoEscrow then GoE- scrow will change the transaction status to “In Dispute” and no activity will be possible from that point on. Activity may occur on the transaction up until GoEscrow actions the request and changes the transaction status to “In Dispute”. 10.5 If a dispute is requested for a Timed Escrow and the settlement time is less than twenty four business hours away the dispute may not sus- pend the transaction in time. In this situation GoEscrow shall be fully re- leased from all liability and obligations with respect to the escrow funds and their management if settlement oc- curs with no liability for damages. 10.6 A disputed transaction will stay disputed until the Requester informs ▇▇▇▇▇▇▇▇ otherwise in writing. If the Clients requests a settlement reversal or split-settlement GoEscrow will at- tempt to contact the Service Provider by email, voice or SMS to inform them of the request and seek their accep- tance or non-acceptance. There will be one of five possible outcomes: (1) If the opposite party replies to ▇▇▇▇▇▇▇▇ and accepts the request, we will settle funds after checks as requested. (2) If the opposite party doesn’t reply to ▇▇▇▇▇▇▇▇ after mul- tiple attempts over fourteen days then we consider them to be uncom- municative and will settle the funds after checks as requested. (3) If the opposite party replies to ▇▇▇▇▇▇▇▇ but does not explicitly accept or not accept the dispute within fourteen days then we consider them uncom- municative and will settle funds after checks as requested. (4) If the oppo- site party replies to GoEscrow with non-acceptance of the dispute (IE rejects the dispute) then only by both party agreement, by enforceable ar- bitration agreement or by instruction from an Australian Court or Statutory Body will we settle funds after checks as instructed. (5) If a transaction is in dispute with no resolution for 36 months then as per NSW Legislation ‘Unclaimed Money Act 1995 No 75’ funds are remitted to NSW Govern- ment – NSW Trustee and Guardian and the Parties will forfeit any claim to GoEscrow for the funds in escrow and GoEscrow shall be fully released from all liability and obligations with respect to the Agreement, the escrow funds and their management. 10.7 GoEscrow may at its discretion require instructions from the Parties to be witnessed by a Justice Of The Peace or Commissioner for Declara- tions.

Appears in 2 contracts

Sources: Escrow Agreement, Escrow Agreement

Dispute Management. 10.1 In 15.1 Subject to clauses 15.5 and 15.6, neither party may during the event where Term commence proceedings in relation to a dispute (a “Dispute”) that arises out of or in connection with this Agreement (including in relation to any non-contractual obligations) unless that party has: 15.1.1 served a written notice (a “Referral Notice”) on the Client has not, can not or will not authorise settlement other party notifying it of the relevant Dispute; or 15.1.2 already received a Referral Notice from the other party in relation to the Service Provider or a Service Provider has not, can not or will not authorise a Transaction Can- cellation request from the Client, the GoEscrow Dispute Management pro- cesses may be invokedsame Dispute. 10.2 In 15.2 Following service of a Referral Notice in relation to a Dispute, each party will respectively procure that such Dispute will be referred for resolution to the event Dispute Manage- ment is invoked GoEscrow will hold escrow funds Operations Manager (or any person in a more senior role) for the time being on behalf of both Par- ties Sycous and the First Point of Escalation for the time being on behalf of the Customer. Those representatives will meet at the earliest convenient time and in any event within seven days of the date of service of the relevant Referral Notice and will negotiate in good faith and attempt to resolve the Dispute. 15.3 If a Dispute has not act to make any de- termination on any party outside been resolved within seven days of the agreement terms allowing date of service of the relevant Referral Notice each party will respectively procure that such Dispute be referred for resolution to the Managing Director for the time being on behalf of Sycous and the Second Point of Escalation for the time being on behalf of the Customer. Those representatives will meet at the earliest convenient time and in any event within 14 days of the date of service of the relevant Referral Notice and will negotiate in good faith and attempt to resolve the Dispute. 15.4 If a Dispute is not resolved within 14 days of service of the relevant Referral Notice either party may commence proceedings in accordance with clause 15 or, if both parties agree in writing to do so, the parties will attempt to engage each settle the Dispute by mediation in accordance with the CEDR Model Mediation Procedure. The provisions of this clause 15.4 are without prejudice to any right that either party may have to damages in respect of any breach by the other to re- solve their dispute or engage third party arbitration services or invoke other legal remediesof clauses 15.2 and 15.3. For assistance see the Australian Government links Either party may withdraw from mediation at the bottom of URL page: https:// ▇▇▇▇▇▇▇▇.▇▇▇.▇▇/▇▇▇▇▇▇▇▇▇▇▇-▇▇▇/ 10.3 To inform ▇▇▇▇▇▇▇▇ about a dispute and have all activity on a transaction suspended complete the form here ▇▇▇▇▇://▇▇▇▇▇▇▇▇.▇▇▇.▇▇/ disputedesk-app/ 10.4 Within twenty four business hours of submission if information entered matches the Site transaction data held by GoEscrow then GoE- scrow will change the transaction status to “In Dispute” and no activity will be possible from that point on. Activity may occur on the transaction up until GoEscrow actions the request and changes the transaction status to “In Dispute”any time. 10.5 If 15.5 Nothing in this clause 15 will prevent or delay either party from: 15.5.1 seeking orders for specific performance, interim or final injunctive relief; 15.5.2 exercising any rights it has to terminate this Agreement; or 15.5.3 commencing any proceedings where this is necessary to avoid any loss of a dispute is requested for a Timed Escrow and the settlement time is less than twenty four business hours away the dispute may not sus- pend the transaction in time. In this situation GoEscrow shall be fully re- leased from all liability and obligations with respect claim due to the escrow funds and their management if settlement oc- curs with no liability for damagesrules on limitation of actions. 10.6 A disputed transaction 15.6 Nothing in this clause 15 will stay disputed until the Requester informs ▇▇▇▇▇▇▇▇ otherwise prevent or delay Sycous from: 15.6.1 commencing any proceedings in writing. If the Clients requests a settlement reversal or split-settlement GoEscrow will at- tempt relation to contact the Service Provider by email, voice or SMS to inform them infringement of the request and seek their accep- tance or its Intellectual Property Rights; or 15.6.2 commencing any proceedings for non-acceptance. There will be one payment of five possible outcomes: (1) If the opposite party replies to ▇▇▇▇▇▇▇▇ and accepts the request, we will settle funds after checks as requesteddisputed invoices. (2) If the opposite party doesn’t reply to ▇▇▇▇▇▇▇▇ after mul- tiple attempts over fourteen days then we consider them to be uncom- municative and will settle the funds after checks as requested. (3) If the opposite party replies to ▇▇▇▇▇▇▇▇ but does not explicitly accept or not accept the dispute within fourteen days then we consider them uncom- municative and will settle funds after checks as requested. (4) If the oppo- site party replies to GoEscrow with non-acceptance of the dispute (IE rejects the dispute) then only by both party agreement, by enforceable ar- bitration agreement or by instruction from an Australian Court or Statutory Body will we settle funds after checks as instructed. (5) If a transaction is in dispute with no resolution for 36 months then as per NSW Legislation ‘Unclaimed Money Act 1995 No 75’ funds are remitted to NSW Govern- ment – NSW Trustee and Guardian and the Parties will forfeit any claim to GoEscrow for the funds in escrow and GoEscrow shall be fully released from all liability and obligations with respect to the Agreement, the escrow funds and their management. 10.7 GoEscrow may at its discretion require instructions from the Parties to be witnessed by a Justice Of The Peace or Commissioner for Declara- tions.

Appears in 1 contract

Sources: Service Agreement

Dispute Management. 10.1 In 15.1 Subject to clauses 15.5 and 15.6, neither party may during the event where Term commence proceedings in relation to a dispute (a “Dispute”) that arises out of or in connection with this Agreement (including in relation to any non-contractual obligations) unless that party has: 15.1.1 served a written notice (a “Referral Notice”) on the Client has not, can not or will not authorise settlement other party notifying it of the relevant Dispute; or 15.1.2 already received a Referral Notice from the other party in relation to the Service Provider or a Service Provider has not, can not or will not authorise a Transaction Can- cellation request from the Client, the GoEscrow Dispute Management pro- cesses may be invokedsame Dispute. 10.2 In 15.2 Following service of a Referral Notice in relation to a Dispute, each party will respectively procure that such Dispute will be referred for resolution to the event Dispute Manage- ment is invoked GoEscrow will hold escrow funds Operations Manager (or any person in a more senior role) for the time being on behalf of both Par- ties Sycous and the First Point of Escalation for the time being on behalf of the Customer. Those representatives will meet at the earliest convenient time and in any event within seven days of the date of service of the relevant Referral Notice and will negotiate in good faith and attempt to resolve the Dispute. 15.3 If a Dispute has not act to make any de- termination on any party outside been resolved within seven days of the agreement terms allowing date of service of the relevant Referral Notice each party will respectively procure that such Dispute be referred for resolution to the Managing Director for the time being on behalf of Sycous and the Second Point of Escalation for the time being on behalf of the Customer. Those representatives will meet at the earliest convenient time and in any event within 14 days of the date of service of the relevant Referral Notice and will negotiate in good faith and attempt to resolve the Dispute. 15.4 If a Dispute is not resolved within 14 days of service of the relevant Referral Notice either party may commence proceedings in accordance with clause 15 or, if both parties agree in writing to do so, the parties will attempt to engage each other to re- solve their dispute or engage third party arbitration services or invoke other legal remedies. For assistance see the Australian Government links at the bottom of URL page: https:// ▇▇▇▇▇▇▇▇.▇▇▇.▇▇/▇▇▇▇▇▇▇▇▇▇▇-▇▇▇/ 10.3 To inform ▇▇▇▇▇▇▇▇ about a dispute and have all activity on a transaction suspended complete the form here ▇▇▇▇▇://▇▇▇▇▇▇▇▇.▇▇▇.▇▇/ disputedesk-app/ 10.4 Within twenty four business hours of submission if information entered matches the Site transaction data held by GoEscrow then GoE- scrow will change the transaction status to “In Dispute” and no activity will be possible from that point on. Activity may occur on the transaction up until GoEscrow actions the request and changes the transaction status to “In Dispute”. 10.5 If a dispute is requested for a Timed Escrow and the settlement time is less than twenty four business hours away the dispute may not sus- pend the transaction in time. In this situation GoEscrow shall be fully re- leased from all liability and obligations with respect to the escrow funds and their management if settlement oc- curs with no liability for damages. 10.6 A disputed transaction will stay disputed until the Requester informs ▇▇▇▇▇▇▇▇ otherwise in writing. If the Clients requests a settlement reversal or split-settlement GoEscrow will at- tempt to contact the Service Provider by email, voice or SMS to inform them of the request and seek their accep- tance or non-acceptance. There will be one of five possible outcomes: (1) If the opposite party replies to ▇▇▇▇▇▇▇▇ and accepts the request, we will settle funds after checks as requested. (2) If the opposite party doesn’t reply to ▇▇▇▇▇▇▇▇ after mul- tiple attempts over fourteen days then we consider them to be uncom- municative and will settle the funds after checks as requested. (3) If Dispute by mediation in accordance with the opposite CEDR Model Mediation Procedure. The provisions of this clause 15.4 are without prejudice to any right that either party replies may have to ▇▇▇▇▇▇▇▇ but does not explicitly accept or not accept damages in respect of any breach by the dispute within fourteen days then we consider them uncom- municative and will settle funds after checks as requested. (4) If the oppo- site other party replies to GoEscrow with non-acceptance of the dispute (IE rejects the dispute) then only by both party agreement, by enforceable ar- bitration agreement or by instruction from an Australian Court or Statutory Body will we settle funds after checks as instructed. (5) If a transaction is in dispute with no resolution for 36 months then as per NSW Legislation ‘Unclaimed Money Act 1995 No 75’ funds are remitted to NSW Govern- ment – NSW Trustee and Guardian and the Parties will forfeit any claim to GoEscrow for the funds in escrow and GoEscrow shall be fully released from all liability and obligations with respect to the Agreement, the escrow funds and their management. 10.7 GoEscrow may at its discretion require instructions from the Parties to be witnessed by a Justice Of The Peace or Commissioner for Declara- tions.clauses 15.2 and

Appears in 1 contract

Sources: Service Agreement

Dispute Management. 10.1 In ‌ 15.1 Subject to clauses 15.5 and 15.6, neither party may during the event where Term commence proceedings in relation to a dispute (a “Dispute”) that arises out of or in connection with this Agreement (including in relation to any non-contractual obligations) unless that party has: 15.1.1 served a written notice (a “Referral Notice”) on the Client has not, can not or will not authorise settlement other party notifying it of the relevant Dispute; or 15.1.2 already received a Referral Notice from the other party in relation to the Service Provider or a Service Provider has not, can not or will not authorise a Transaction Can- cellation request from the Client, the GoEscrow Dispute Management pro- cesses may be invokedsame Dispute. 10.2 In 15.2 Following service of a Referral Notice in relation to a Dispute, each party will respectively procure that such Dispute will be referred for resolution to the event Dispute Manage- ment is invoked GoEscrow will hold escrow funds Operations Manager (or any person in a more senior role) for the time being on behalf of both Par- ties Sycous and the First Point of Escalation for the time being on behalf of the Customer. Those representatives will meet at the earliest convenient time‌ and in any event within seven days of the date of service of the relevant Referral Notice and will negotiate in good faith and attempt to resolve the Dispute. 15.3 If a Dispute has not act to make any de- termination on any party outside been resolved within seven days of the agreement terms allowing date of service of the relevant Referral Notice each party will respectively procure that such Dispute be referred for resolution to the Managing Director for the time being on behalf of Sycous and the Second Point of Escalation for the time being on behalf of the Customer. Those representatives will meet at the earliest convenient time and in any event within 14 days of the date of service of the relevant Referral Notice and will negotiate in good faith and attempt to resolve the Dispute.‌ 15.4 If a Dispute is not resolved within 14 days of service of the relevant Referral Notice either party may commence proceedings in accordance with clause 15 or, if both parties agree in writing to do so, the parties will attempt to engage each other to re- solve their dispute or engage third party arbitration services or invoke other legal remedies. For assistance see the Australian Government links at the bottom of URL page: https:// ▇▇▇▇▇▇▇▇.▇▇▇.▇▇/▇▇▇▇▇▇▇▇▇▇▇-▇▇▇/ 10.3 To inform ▇▇▇▇▇▇▇▇ about a dispute and have all activity on a transaction suspended complete the form here ▇▇▇▇▇://▇▇▇▇▇▇▇▇.▇▇▇.▇▇/ disputedesk-app/ 10.4 Within twenty four business hours of submission if information entered matches the Site transaction data held by GoEscrow then GoE- scrow will change the transaction status to “In Dispute” and no activity will be possible from that point on. Activity may occur on the transaction up until GoEscrow actions the request and changes the transaction status to “In Dispute”. 10.5 If a dispute is requested for a Timed Escrow and the settlement time is less than twenty four business hours away the dispute may not sus- pend the transaction in time. In this situation GoEscrow shall be fully re- leased from all liability and obligations with respect to the escrow funds and their management if settlement oc- curs with no liability for damages. 10.6 A disputed transaction will stay disputed until the Requester informs ▇▇▇▇▇▇▇▇ otherwise in writing. If the Clients requests a settlement reversal or split-settlement GoEscrow will at- tempt to contact the Service Provider by email, voice or SMS to inform them of the request and seek their accep- tance or non-acceptance. There will be one of five possible outcomes: (1) If the opposite party replies to ▇▇▇▇▇▇▇▇ and accepts the request, we will settle funds after checks as requested. (2) If the opposite party doesn’t reply to ▇▇▇▇▇▇▇▇ after mul- tiple attempts over fourteen days then we consider them to be uncom- municative and will settle the funds after checks as requested. (3) If Dispute by mediation in accordance with the opposite CEDR Model Mediation Procedure. The provisions of this clause 15.4 are without prejudice to any right that either party replies may have to ▇▇▇▇▇▇▇▇ but does not explicitly accept or not accept damages in respect of any breach by the dispute within fourteen days then we consider them uncom- municative and will settle funds after checks as requested. (4) If the oppo- site other party replies to GoEscrow with non-acceptance of the dispute (IE rejects the dispute) then only by both party agreement, by enforceable ar- bitration agreement or by instruction from an Australian Court or Statutory Body will we settle funds after checks as instructed. (5) If a transaction is in dispute with no resolution for 36 months then as per NSW Legislation ‘Unclaimed Money Act 1995 No 75’ funds are remitted to NSW Govern- ment – NSW Trustee and Guardian and the Parties will forfeit any claim to GoEscrow for the funds in escrow and GoEscrow shall be fully released from all liability and obligations with respect to the Agreement, the escrow funds and their management. 10.7 GoEscrow may at its discretion require instructions from the Parties to be witnessed by a Justice Of The Peace or Commissioner for Declara- tions.clauses 15.2 and‌

Appears in 1 contract

Sources: Service Agreement

Dispute Management. 10.1 In the event where the Client has not, can not or will not authorise settlement to the Service Provider or a Service Provider has not, can not or will not authorise a Transaction Can- cellation request from the Client, the GoEscrow Dispute Management pro- cesses may be invoked. 10.2 In the event Dispute Manage- ment is invoked GoEscrow will hold escrow funds on behalf of both Par- ties and will not act to make any de- termination on any party outside of the agreement terms allowing the parties to engage each other to re- solve their dispute or engage third party arbitration services or invoke other legal remedies. For assistance see the Australian Government links at the bottom of URL page: https:// ▇▇▇▇▇▇▇▇.▇▇▇.▇▇/▇▇▇▇▇▇▇▇▇▇▇-▇▇▇/ 10.3 To inform ▇▇▇▇▇▇▇▇ GoEscrow about a dispute and have all activity on a transaction suspended complete the form here ▇▇▇▇▇://▇▇▇▇▇▇▇▇.▇▇▇.▇▇/ disputedesk-app/ 10.4 Within twenty four business hours of submission if information entered matches the Site transaction data held by GoEscrow then GoE- scrow will change the transaction status to “In Dispute” and no activity will be possible from that point on. Activity may occur on the transaction up until GoEscrow actions the request and changes the transaction status to “In Dispute”. 10.5 If a dispute is requested for a Timed Escrow and the settlement time is less than twenty four business hours away the dispute may not sus- pend the transaction in time. In this situation GoEscrow shall be fully re- leased from all liability and obligations with respect to the escrow funds and their management if settlement oc- curs with no liability for damages. 10.6 A disputed transaction will stay disputed until the Requester informs ▇▇▇▇▇▇▇▇ otherwise in writing. If the Clients Service Provider requests a settlement reversal settle- ment or split-settlement GoEscrow will at- tempt attempt to contact the Service Provider Client by email, voice or SMS to inform them of the request and seek their accep- tance or non-acceptance. There will be one of five possible outcomes: (1) If the opposite party replies to ▇▇▇▇▇▇▇▇ and accepts the request, we will settle funds after checks as requested. (2) If the opposite party doesn’t reply to ▇▇▇▇▇▇▇▇ after mul- tiple attempts over fourteen days then we consider them to be uncom- municative and will settle the funds after checks as requested. (3) If the opposite party replies to ▇▇▇▇▇▇▇▇ but does not explicitly accept or not accept the dispute within fourteen days then we consider them uncom- municative and will settle funds after checks as requested.GoEscrow (4) If the oppo- site party replies to GoEscrow with non-acceptance of the dispute (IE rejects the dispute) then only by both party agreement, by enforceable ar- bitration agreement or by instruction from an Australian Court or Statutory Body will we settle funds after checks as instructed. (5) If a transaction is in dispute with no resolution for 36 months then as per NSW Legislation ‘Unclaimed Money Act 1995 No 75’ funds are remitted to NSW Govern- ment – NSW Trustee and Guardian and the Parties will forfeit any claim to GoEscrow for the funds in escrow and GoEscrow shall be fully released from all liability and obligations with respect to the Agreement, the escrow funds and their management. 10.7 GoEscrow may at its discretion require instructions from the Parties to be witnessed by a Justice Of The Peace or Commissioner for Declara- tions.

Appears in 1 contract

Sources: Escrow Agreement