Dispute Resolution Policy

This Dispute Resolution Policy Document (the Document and Dispute Resolution Policy) is incorporated into the agreement between ADVICATOR LTD (TRADING AS ‘ADVICATOR’) (the Supplier) and you (the Customer) pursuant to the Master SaaS Terms, which can be found here: www.advictor.com/termsandconditions (the Agreement). Capitalised terms used in this Document shall have the same meaning as ascribed to them in the Agreement.

This Dispute Resolution Policy was last updated on 1st August 2019. To download this document, please click here.

1.  Introduction

1.1 This Dispute Resolution Policy (as Updated from time to time) is incorporated into our Agreement pursuant to the Master SaaS Terms.

2. Dispute resolution

2.1 Any dispute arising between the parties out of or in connection with the Agreement shall be dealt with in accordance with the provisions of this Document.

2.2 The dispute resolution process may be initiated at any time by either party serving a notice in writing on the other party that a dispute has arisen. The notice shall include reasonable information as to the nature of the dispute.

2.3 The parties shall use all reasonable endeavours to reach a negotiated resolution through the following procedures:

2.3.1 within 14 days of service of the notice, the contract managers of the parties shall meet to discuss the dispute and attempt to resolve it; and

2.3.2 if the dispute has not been resolved within 7 days of the first meeting of the contract managers, then the matter shall be referred to the chief executives (or persons of equivalent seniority). The chief executives (or equivalent) shall meet within 14 days to discuss the dispute and attempt to resolve it.

2.4 The specific format for the resolution of the dispute under clause 2.3.1 and, if necessary, clause 2.3.2 shall be left to the reasonable discretion of the parties, but may include the preparation and submission of statements of fact or of position.

2.5 If the dispute has not been resolved within 14 days of the first meeting of the chief executives (or equivalent) under clause 2.3.2 then the matter may be referred to mediation in accordance with the London Court of International Arbitration Mediation Rules.

2.6 Until the parties have completed the steps referred to in clauses 2.3 to 2.5, and have failed to resolve the dispute, neither party shall commence formal legal proceedings or arbitration, except that either party may at any time seek urgent interim relief from the courts or emergency arbitrator relief.