ToB - The other bits

These tidy up the agreement, almost like a conclusion to it to ensure that we both have a clear view on how we may exit the agreement, amongst other things.

Included are clauses on the following:

  • Force majeure
  • Dispute resolution
  • Our relationship
  • Rights & Remedies
  • Expiration and Jurisdiction

Force majeure

Neither party shall be liable for a breach of these terms directly or indirectly caused by circumstances beyond its reasonable control.  These don’t include any requirement to comply with applicable law.

If this occurs, the affected party must notify the other immediately giving the relevant details of the events and the steps they are taking to mitigate its effects.

Dispute resolution

If there is a dispute between us for any reason, we both agree that we will try our best to resolve any dispute in good faith.  We agree to attempt to reach an amicable settlement and, if necessary, refer the matter to arbitration before commencing court proceedings.

Our relationship

The terms do not constitute, establish or imply any partnership, joint venture, agency, employment or fiduciary relationship between us.

You agree not to, nor represent to have, any authority to make or enter any commitments on our behalf.

Rights & Remedies

Except as set out in these terms, the rights and remedies provided are in addition to and don’t exclude any rights or remedies provided by law.

We may assign our rights and obligations under these terms to a third party on notice to you.  You may not assign your rights and obligations under these terms without our prior written consent.

This contract is between you and us.  No other person shall have any rights to enforce any of its terms.

If we don’t enforce any right we have under these terms immediately, we haven’t waived any right and may enforce it later.

Expiration and Jurisdiction

Any provision of these terms which is intended to remain in force on or after the expiry of termination of these terms will remain in full force and effect after these terms expire or terminate.

These terms will be governed by the laws of England and Wales and the courts of England and Wales have exclusive jurisdiction to hear disputes in relation to it.

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