DISPUTE RESOLUTION AND GOVERNING LAW

Last Updated: November 2023

1. Dispute Resolution

a. Negotiation:

  • In the event of any dispute arising out of or relating to this Agreement or the Services provided by MvdHDesign, the parties agree to first attempt to resolve the dispute through good-faith negotiation.

b. Mediation:

  • If the parties are unable to resolve the dispute through negotiation, the parties agree to submit the dispute to non-binding mediation before a mutually agreed-upon mediator.

c. Arbitration:

  • If mediation is unsuccessful, any remaining disputes shall be resolved by final and binding arbitration under the rules of arbitration in South Africa, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

2. Governing Law

a. Applicable Law:

  • This Agreement and any disputes arising under or in connection with it shall be governed by and construed following the laws of South Africa without regard to its conflict of law principles.

b. Forum Selection:

  • Any legal action or proceeding arising under or in connection with this Agreement shall be brought exclusively in the federal or state courts located within the jurisdiction of South Africa, and the parties consent to the personal jurisdiction of such courts.

3. Waiver of Jury Trial

a. Jury Waiver:

  • To the extent permitted by applicable law, the parties hereby waive the right to a trial by jury in any action or proceeding arising out of or relating to this Agreement.

4. Class Action Waiver

a. Class Action Waiver:

  • Any claims, controversies, or disputes arising out of or related to this Agreement shall be arbitrated or litigated on an individual basis and shall not be consolidated with any other claims, controversies, or disputes.

5. Changes to This Clause

a. MvdHDesign reserves the right to update or change this Dispute Resolution and Governing Law clause at any time. Changes will be effective immediately upon posting to the Website.

6. Contact Information

If you have any questions about this Dispute Resolution and Governing Law clause, please contact us at admin@mvdhdesign.co.za.