Disputes Procedure. 13.1 The Parties agree to negotiate in good faith with each other to resolve any dispute which arises between the Parties under or connected with the Service or this Agreement. 13.2 The Parties shall co-operate to investigate promptly and resolve any dispute concerning the accuracy of any billing data, any amount payable and any other issue arising pursuant to the Agreement. 13.3 In the event of a dispute as to fees and charges arising pursuant to clause 10.6, the Customer shall notify FocusNet of any dispute in writing no later than 21 days from the date of the relevant invoice, providing sufficient information to identify the invoice in question and the grounds of the dispute. Failure to make such a notification within the time frame shall be deemed to be a waiver of the Customer‟s rights to dispute the relevant invoice. 13.4 If a dispute of any kind cannot be resolved by negotiation between the Parties within 10 days or such further period as the Parties agree is appropriate, then within the following 10 days the Parties must seek to agree a timetable for resolving the dispute through mediation by a mediator agreed upon by the parties, or if the Parties cannot agree, a mediator appointed by the Australian Commercial Disputes Centre or any body which replaces it. Each Party will bear their own costs of mediation and pay one half of the mediator‟s costs. 13.5 During the existence of any dispute, the Parties must continue to perform all of their obligations under the Agreement, without prejudice to their position in respect of any dispute unless the Parties agree otherwise in writing. The Customer must continue to make payment of all Fees or part thereof which are not the subject of a dispute. 13.6 A Party may not commence court proceedings or arbitration relating to any dispute arising from or connected with this Agreement unless that Party has complied with the preceding sub-clauses of this clause 13. 13.7 Nothing in this clause prevents either Party from applying to a court for urgent injunctive or other interlocutory relief.
Appears in 2 contracts
Samples: Service Agreement for Hosting It Support Services, Service Agreement
Disputes Procedure. 13.1 11.1 The Parties agree to negotiate in good faith with each other to resolve any dispute which arises between the Parties under or connected with the Service or this Agreement.
13.2 The Parties parties shall co-operate to investigate promptly and resolve any dispute concerning the accuracy of any billing data, any amount payable and any other issue arising pursuant to the AgreementContract.
13.3 11.2 In the event of a dispute as to fees and charges arising pursuant to clause 10.6charges, the Customer shall notify FocusNet Sat One Global of any dispute in writing no later than 21 twenty one (21) days from the date of the relevant invoice, providing sufficient information to identify the invoice in question and the grounds of the dispute. Failure to make such a notification within the time frame shall be deemed to be a waiver of the Customer‟s Customer’s rights to dispute the relevant invoice.
13.4 If 11.3 On receipt of a dispute notice disputing fees under clause 11.2, the Representatives of any kind cannot be resolved by negotiation between both parties shall meet within five (5) Business Days and discuss and do all things reasonably required to expeditiously and amicably resolve the Parties within 10 days or such further period as dispute.
11.4 In the Parties agree is appropriate, then within event the following 10 days the Parties must seek parties are unable to agree a timetable for resolving resolve the dispute through mediation by a mediator agreed upon by the parties, or if the Parties cannot agree, a mediator appointed by the Australian Commercial Disputes Centre or any body which replaces it. Each Party will bear their own costs of mediation and pay one half within ten (10) Business Days of the mediator‟s costscommencement of discussions under clause 11.3, each party shall internally escalate to an executive of the party. The executive shall within ten (10) Business Days attempt to resolve and settle the dispute. If the dispute remains unresolved, either party may, on giving written notice to the other party to such effect, commence legal proceedings in an appropriate court to resolve the matter.
13.5 11.5 During the existence of any dispute, the Parties parties must continue to perform all of their obligations under the AgreementContract, without prejudice to their position in respect of any the dispute unless the Parties parties agree otherwise in writing. The and the Customer must continue to make payment of all Fees amounts of fees and charges or part thereof which are not the subject of a dispute.
13.6 A Party may not commence court proceedings or arbitration relating to any dispute arising from or connected with this Agreement unless that Party has complied with the preceding sub-clauses of this clause 13.
13.7 11.6 Nothing in this clause prevents either Party a party from applying seeking urgent interlocutory relief required in relation to the Contract or commencing legal proceedings in an appropriate court to resolve a court for urgent injunctive or other interlocutory reliefmatter subject of a dispute.
Appears in 2 contracts
Samples: General Terms and Conditions, General Terms and Conditions
Disputes Procedure. 13.1 9.1 The Parties agree to negotiate in good faith with each other to resolve any dispute which arises between the Parties under or connected with the Service or this Agreement.
13.2 The Parties parties shall co-operate to investigate promptly and resolve any dispute concerning the accuracy of any billing data, any amount payable pay- able and any other issue arising pursuant to the AgreementContract.
13.3 9.2 In the event of a dispute as to fees and charges arising pursuant to clause 10.6charges, the Customer shall notify FocusNet Interphone of any dispute in writing no later than 21 days from the date of the relevant invoice, providing sufficient information to identify the invoice in question and the grounds of the dispute. Failure to make such a notification within the time frame shall be deemed to be a waiver of the Customer‟s Customer’s rights to dispute the relevant invoice.
13.4 If 9.3 On receipt of a dispute notice disputing fees under clause 9.2, the Rep- resentatives of any kind cannot be resolved by negotiation between both parties shall meet within five [5] Business Days and discuss and do all things reasonably required to expeditiously and amicably resolve the Parties within 10 days or such further period as dispute.
9.4 In the Parties agree is appropriate, then within event the following 10 days the Parties must seek parties are unable to agree a timetable for resolving resolve the dispute through mediation by a mediator agreed upon by the parties, or if the Parties cannot agree, a mediator appointed by the Australian Commercial Disputes Centre or any body which replaces it. Each Party will bear their own costs of mediation and pay one half within [10] Business Days of the mediator‟s costscommencement of discussions under clause 9.3, each party shall internally escalate to an executive of the party. The executive shall within ten [10] Business Days attempt to resolve and set- tle the dispute. If the dispute remains unresolved, either party may, on giving written notice to the other party to such effect, commence legal proceedings in an appropriate court to resolve the matter.
13.5 9.5 During the existence of any dispute, the Parties parties must continue to perform all of their obligations under the AgreementContract, without prejudice to their position in respect of any the dispute unless the Parties parties agree otherwise in writingother- Information is current as of 22/09/2023 & is subject to change without notice. The Page 3 wise and the Customer must continue to make payment of all Fees amounts of fees and charges or part thereof which are not the subject of a dispute.
13.6 A Party may not commence court proceedings or arbitration relating to any dispute arising from or connected with this Agreement unless that Party has complied with the preceding sub-clauses of this clause 13.
13.7 9.6 Nothing in this clause prevents either Party a party from applying seeking urgent interloc- utory relief required in relation to a court for urgent injunctive or other interlocutory reliefthe Contract.
Appears in 1 contract
Samples: Reseller Agreement
Disputes Procedure. 13.1 9.1 The Parties agree to negotiate in good faith with each other to resolve any dispute which arises between the Parties under or connected with the Service or this Agreement.
13.2 The Parties parties shall co-operate to investigate promptly and resolve any dispute concerning the accuracy of any billing data, any amount payable pay- able and any other issue arising pursuant to the AgreementContract.
13.3 9.2 In the event of a dispute as to fees and charges arising pursuant to clause 10.6charges, the Customer shall notify FocusNet Interphone of any dispute in writing no later than 21 days from the date of the relevant invoice, providing sufficient information to identify the invoice in question and the grounds of the dispute. Failure to make such a notification within the time frame shall be deemed to be a waiver of the Customer‟s Customer’s rights to dispute the relevant invoice.
13.4 If 9.3 On receipt of a dispute notice disputing fees under clause 9.2, the Rep- resentatives of any kind cannot be resolved by negotiation between both parties shall meet within five [5] Business Days and discuss and do all things reasonably required to expeditiously and amicably resolve the Parties within 10 days or such further period as dispute.
9.4 In the Parties agree is appropriate, then within event the following 10 days the Parties must seek parties are unable to agree a timetable for resolving resolve the dispute through mediation by a mediator agreed upon by the parties, or if the Parties cannot agree, a mediator appointed by the Australian Commercial Disputes Centre or any body which replaces it. Each Party will bear their own costs of mediation and pay one half within [10] Business Days of the mediator‟s costscommencement of discussions under clause 9.3, each party shall internally escalate to an executive of the party. The executive shall within ten [10] Business Days attempt to resolve and set- tle the dispute. If the dispute remains unresolved, either party may, on giving written notice to the other party to such effect, commence legal proceedings in an appropriate court to resolve the matter.
13.5 9.5 During the existence of any dispute, the Parties parties must continue to perform all of their obligations under the AgreementContract, without prejudice to their position in respect of any the dispute unless the Parties parties agree otherwise in writingother- Information is current as of 03/03/2022 & is subject to change without notice. The Page 3 wise and the Customer must continue to make payment of all Fees amounts of fees and charges or part thereof which are not the subject of a dispute.
13.6 A Party may not commence court proceedings or arbitration relating to any dispute arising from or connected with this Agreement unless that Party has complied with the preceding sub-clauses of this clause 13.
13.7 9.6 Nothing in this clause prevents either Party a party from applying seeking urgent interloc- utory relief required in relation to a court for urgent injunctive or other interlocutory reliefthe Contract.
Appears in 1 contract
Samples: Reseller Agreement
Disputes Procedure. 13.1 11.1 The Parties agree to negotiate in good faith with each other to resolve any dispute which arises between the Parties under or connected with the Service or this Agreement.
13.2 The Parties parties shall co-operate to investigate promptly and resolve any dispute concerning the accuracy of any billing data, any amount payable and any other issue arising pursuant to the AgreementContract.
13.3 11.2 In the event of a dispute as to fees and charges arising pursuant to clause 10.6charges, the Customer shall notify FocusNet BlueSky Telecom of any dispute in writing no later than 21 twenty one (21) days from the date of the relevant invoice, providing sufficient information to identify the invoice in question and the grounds of the dispute. Failure to make such a notification within the time frame shall be deemed to be a waiver of the Customer‟s Customer’s rights to dispute the relevant invoice.
13.4 If 11.3 On receipt of a dispute notice disputing fees under clause 11.2, the Representatives of any kind cannot be resolved by negotiation between both parties shall meet within five (5) Business Days and discuss and do all things reasonably required to expeditiously and amicably resolve the Parties within 10 days or such further period as dispute.
11.4 In the Parties agree is appropriate, then within event the following 10 days the Parties must seek parties are unable to agree a timetable for resolving resolve the dispute through mediation by a mediator agreed upon by the parties, or if the Parties cannot agree, a mediator appointed by the Australian Commercial Disputes Centre or any body which replaces it. Each Party will bear their own costs of mediation and pay one half within ten (10) Business Days of the mediator‟s costscommencement of discussions under clause 11.3, each party shall internally escalate to an executive of the party. The executive shall within ten (10) Business Days attempt to resolve and settle the dispute. If the dispute remains unresolved, either party may, on giving written notice to the other party to such effect, commence legal proceedings in an appropriate court to resolve the matter.
13.5 11.5 During the existence of any dispute, the Parties parties must continue to perform all of their obligations under the AgreementContract, without prejudice to their position in respect of any the dispute unless the Parties parties agree otherwise in writing. The and the Customer must continue to make payment of all Fees amounts of fees and charges or part thereof which are not the subject of a dispute.
13.6 A Party may not commence court proceedings or arbitration relating to any dispute arising from or connected with this Agreement unless that Party has complied with the preceding sub-clauses of this clause 13.
13.7 11.6 Nothing in this clause prevents either Party a party from applying seeking urgent interlocutory relief required in relation to the Contract or commencing legal proceedings in an appropriate court to resolve a court for urgent injunctive or other interlocutory reliefmatter subject of a dispute.
Appears in 1 contract
Samples: General Terms and Conditions
Disputes Procedure. 13.1 11.1 The Parties agree to negotiate in good faith with each other to resolve any dispute which arises between the Parties under or connected with the Service or this Agreement.
13.2 The Parties parties shall co-operate to investigate promptly and resolve any dispute concerning the accuracy of any billing data, any amount payable and any other issue arising pursuant to the AgreementContract.
13.3 11.2 In the event of a dispute as to fees and charges arising pursuant to clause 10.6charges, the Customer shall notify FocusNet CMTG of any dispute in writing no later than 21 days from the date of the relevant invoice, providing sufficient information to identify the invoice in question and the grounds of the dispute. Failure to make such a notification within the time frame shall be deemed to be a waiver of the Customer‟s Customer’s rights to dispute the relevant invoice.
13.4 If 11.3 On receipt of a dispute notice disputing fees under clause 11.2, the Representatives of any kind cannot be resolved by negotiation between both parties shall meet within five [5] Business Days and discuss and do all things reasonable required to expeditiously and amicably resolve the Parties within 10 days or such further period as dispute.
11.4 In the Parties agree is appropriate, then within event the following 10 days the Parties must seek parties are unable to agree a timetable for resolving resolve the dispute through mediation by a mediator agreed upon by the parties, or if the Parties cannot agree, a mediator appointed by the Australian Commercial Disputes Centre or any body which replaces it. Each Party will bear their own costs of mediation and pay one half within ten [10] Business Days of the mediator‟s costscommencement of discussions under clause 11.3, each party shall internally escalate to an executive of the party. The executive shall within ten [10] Business Days attempt to resolve and settle the dispute. If the dispute remains unresolved, either party may, on giving written notice to the other party to such effect, commence legal proceedings in an appropriate court to resolve the matter.
13.5 11.5 During the existence of any dispute, the Parties parties must continue to perform all of their obligations under the AgreementContract, without prejudice to their position in respect of any the dispute unless the Parties parties agree otherwise in writing. The and the Customer must continue to make payment of all Fees amounts of fees and charges or part thereof which are not the subject of a dispute.
13.6 A Party may not commence court proceedings or arbitration relating to any dispute arising from or connected with this Agreement unless that Party has complied with the preceding sub-clauses of this clause 13.
13.7 11.6 Nothing in this clause prevents either Party a party from applying seeking urgent interlocutory relief required in relation to a court for urgent injunctive or other interlocutory reliefthe Contract.
Appears in 1 contract
Disputes Procedure. 13.1 9.1 The Parties agree to negotiate in good faith with each other to resolve any dispute which arises between the Parties under or connected with the Service or this Agreement.
13.2 The Parties parties shall co-operate to investigate promptly and resolve any dispute concerning the accuracy of any billing data, any amount payable pay- able and any other issue arising pursuant to the AgreementContract.
13.3 9.2 In the event of a dispute as to fees and charges arising pursuant to clause 10.6charges, the Customer shall notify FocusNet Interphone of any dispute in writing no later than 21 days from the date of the relevant invoice, providing sufficient information to identify the invoice in question and the grounds of the dispute. Failure to make such a notification within the time frame shall be deemed to be a waiver of the Customer‟s Customer’s rights to dispute the relevant invoice.
13.4 If 9.3 On receipt of a dispute notice disputing fees under clause 9.2, the Rep- resentatives of any kind cannot be resolved by negotiation between both parties shall meet within five [5] Business Days and discuss and do all things reasonably required to expeditiously and amicably resolve the Parties within 10 days or such further period as dispute.
9.4 In the Parties agree is appropriate, then within event the following 10 days the Parties must seek parties are unable to agree a timetable for resolving resolve the dispute through mediation by a mediator agreed upon by the parties, or if the Parties cannot agree, a mediator appointed by the Australian Commercial Disputes Centre or any body which replaces it. Each Party will bear their own costs of mediation and pay one half within [10] Business Days of the mediator‟s costscommencement of discussions under clause 9.3, each party shall internally escalate to an executive of the party. The executive shall within ten [10] Business Days attempt to resolve and set- tle the dispute. If the dispute remains unresolved, either party may, on giving written notice to the other party to such effect, commence legal proceedings in an appropriate court to resolve the matter.
13.5 9.5 During the existence of any dispute, the Parties parties must continue to perform all of their obligations under the AgreementContract, without prejudice to their position in respect of any the dispute unless the Parties parties agree otherwise in writingother- Information is current as of 30/07/2019 & is subject to change without notice. The Page 3 wise and the Customer must continue to make payment of all Fees amounts of fees and charges or part thereof which are not the subject of a dispute.
13.6 A Party may not commence court proceedings or arbitration relating to any dispute arising from or connected with this Agreement unless that Party has complied with the preceding sub-clauses of this clause 13.
13.7 9.6 Nothing in this clause prevents either Party a party from applying seeking urgent interloc- utory relief required in relation to a court for urgent injunctive or other interlocutory reliefthe Contract.
Appears in 1 contract
Samples: Reseller Agreement
Disputes Procedure. 13.1 9.1 The Parties agree to negotiate in good faith with each other to resolve any dispute which arises between the Parties under or connected with the Service or this Agreement.
13.2 The Parties parties shall co-operate to investigate promptly and resolve any dispute concerning the accuracy of any billing data, any amount payable pay- able and any other issue arising pursuant to the AgreementContract.
13.3 9.2 In the event of a dispute as to fees and charges arising pursuant to clause 10.6charges, the Customer shall notify FocusNet FibreNet of any dispute in writing no later than 21 days from the date of the relevant invoice, providing sufficient information to identify the invoice in question and the grounds of the dispute. Failure to make such a notification within the time frame shall be deemed to be a waiver of the Customer‟s Customer’s rights to dispute the relevant invoice.
13.4 If 9.3 On receipt of a dispute notice disputing fees under clause 9.2, the Rep- resentatives of any kind cannot be resolved by negotiation between both parties shall meet within five [5] Business Days and discuss and do all things reasonably required to expeditiously and amicably resolve the Parties within 10 days or such further period as dispute.
9.4 In the Parties agree is appropriate, then within event the following 10 days the Parties must seek parties are unable to agree a timetable for resolving resolve the dispute through mediation by a mediator agreed upon by the parties, or if the Parties cannot agree, a mediator appointed by the Australian Commercial Disputes Centre or any body which replaces it. Each Party will bear their own costs of mediation and pay one half within [10] Business Days of the mediator‟s costscommencement of discussions under clause 9.3, each party shall internally escalate to an executive of the party. The executive shall within ten [10] Business Days attempt to resolve and set- tle the dispute. If the dispute remains unresolved, either party may, on giving written notice to the other party to such effect, commence legal proceedings in an appropriate court to resolve the matter.
13.5 9.5 During the existence of any dispute, the Parties parties must continue to perform all of their obligations under the AgreementContract, without prejudice to their position in respect of any the dispute unless the Parties parties agree otherwise in writingother- Information is current as of 22/09/2023 & is subject to change without notice. The Page 3 wise and the Customer must continue to make payment of all Fees amounts of fees and charges or part thereof which are not the subject of a dispute.
13.6 A Party may not commence court proceedings or arbitration relating to any dispute arising from or connected with this Agreement unless that Party has complied with the preceding sub-clauses of this clause 13.
13.7 9.6 Nothing in this clause prevents either Party a party from applying seeking urgent interloc- utory relief required in relation to a court for urgent injunctive or other interlocutory reliefthe Contract.
Appears in 1 contract
Samples: Reseller Agreement
Disputes Procedure. 13.1 11.1 The Parties agree to negotiate in good faith with each other to resolve any dispute which arises between the Parties under or connected with the Service or this Agreement.
13.2 The Parties parties shall co-operate to investigate promptly and resolve any dispute concerning the accuracy of any billing data, any amount payable and any other issue arising pursuant to the AgreementContract.
13.3 11.2 In the event of a dispute as to fees and charges arising pursuant to clause 10.6charges, the Customer shall notify FocusNet Telco Doctor of any dispute in writing no later than 21 twenty one (21) days from the date of the relevant invoice, providing sufficient information to identify the invoice in question and the grounds of the dispute. Failure to make such a notification within the time frame shall be deemed to be a waiver of the Customer‟s Customer’s rights to dispute the relevant invoice.
13.4 If 11.3 On receipt of a dispute notice disputing fees under clause 11.2, the Representatives of any kind cannot be resolved by negotiation between both parties shall meet within five (5) Business Days and discuss and do all things reasonably required to expeditiously and amicably resolve the Parties within 10 days or such further period as dispute.
11.4 In the Parties agree is appropriate, then within event the following 10 days the Parties must seek parties are unable to agree a timetable for resolving resolve the dispute through mediation by a mediator agreed upon by the parties, or if the Parties cannot agree, a mediator appointed by the Australian Commercial Disputes Centre or any body which replaces it. Each Party will bear their own costs of mediation and pay one half within ten (10) Business Days of the mediator‟s costscommencement of discussions under clause 11.3, each party shall internally escalate to an executive of the party. The executive shall within ten (10) Business Days attempt to resolve and settle the dispute. If the dispute remains unresolved, either party may, on giving written notice to the other party to such effect, commence legal proceedings in an appropriate court to resolve the matter.
13.5 11.5 During the existence of any dispute, the Parties parties must continue to perform all of their obligations under the AgreementContract, without prejudice to their position in respect of any the dispute unless the Parties parties agree otherwise in writing. The and the Customer must continue to make payment of all Fees amounts of fees and charges or part thereof which are not the subject of a dispute.
13.6 A Party may not commence court proceedings or arbitration relating to any dispute arising from or connected with this Agreement unless that Party has complied with the preceding sub-clauses of this clause 13.
13.7 11.6 Nothing in this clause prevents either Party a party from applying seeking urgent interlocutory relief required in relation to the Contract or commencing legal proceedings in an appropriate court to resolve a court for urgent injunctive or other interlocutory reliefmatter subject of a dispute.
Appears in 1 contract
Samples: General Terms and Conditions
Disputes Procedure. 13.1 9.1 The Parties agree to negotiate in good faith with each other to resolve any dispute which arises between the Parties under or connected with the Service or this Agreement.
13.2 The Parties parties shall co-operate to investigate promptly and resolve any dispute concerning the accuracy of any billing data, any amount payable and any other issue arising pursuant to the AgreementContract.
13.3 9.2 In the event of a dispute as to fees and charges arising pursuant to clause 10.6charges, the Customer shall notify FocusNet Amcom of any dispute in writing no later than 21 days from the date of the relevant invoice, providing sufficient information to identify the invoice in question and the grounds of the dispute. Failure to make such a notification within the time frame shall be deemed to be a waiver of the Customer‟s Customer’s rights to dispute the relevant invoice.
13.4 If 9.3 On receipt of a dispute notice disputing fees under clause 9.2, the Representatives of any kind cannot be resolved by negotiation between both parties shall meet within five [5] Business Days and discuss and do all things reasonably required to expeditiously and amicably resolve the Parties within 10 days or such further period as dispute.
9.4 In the Parties agree is appropriate, then within event the following 10 days the Parties must seek parties are unable to agree a timetable for resolving resolve the dispute through mediation by a mediator agreed upon by the parties, or if the Parties cannot agree, a mediator appointed by the Australian Commercial Disputes Centre or any body which replaces it. Each Party will bear their own costs of mediation and pay one half within [10] Business Days of the mediator‟s costscommencement of discussions under clause 9.3, each party shall internally escalate to an executive of the party. The executive shall within ten [10] Business Days attempt to resolve and settle the dispute. If the dispute remains unresolved, either party may, on giving written notice to the other party to such effect, commence legal proceedings in an appropriate court to resolve the matter.
13.5 9.5 During the existence of any dispute, the Parties parties must continue to perform all of their obligations under the AgreementContract, without prejudice to their position in respect of any the dispute unless the Parties parties agree otherwise in writing. The and the Customer must continue to make payment of all Fees amounts of fees and charges or part thereof which are not the subject of a dispute.
13.6 A Party may not commence court proceedings or arbitration relating to any dispute arising from or connected with this Agreement unless that Party has complied with the preceding sub-clauses of this clause 13.
13.7 9.6 Nothing in this clause prevents either Party a party from applying seeking urgent interlocutory relief required in relation to a court for urgent injunctive or other interlocutory reliefthe Contract.
Appears in 1 contract
Samples: General Terms and Conditions