Customer service is a priority, but if there’s an issue that needs to be resolved, this section outlines what is expected of both of us.
A. Initial Informal Dispute Resolution. Before filing a claim against AuditorsDesk.in, you agree to try to resolve the dispute informally by contacting us via email at info@AuditorsDesk.in. We will try to resolve the dispute by contacting you via email. If a dispute is not resolved within thirty (30) days of submission, you or AuditorsDesk.in may bring a formal proceeding.
B. Arbitration Agreement. You and AuditorsDesk.in agree to resolve any claims relating to these Terms or the Services, whether or not such claims involve a third party, through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This arbitration agreement will survive the termination of your relationship with AuditorsDesk.in.
C. Arbitration Notification. If either of us intends to seek arbitration under this agreement, the party seeking arbitration must first notify the other party of the dispute in writing at least thirty (30) days in advance of initiating the arbitration. Notice to AuditorsDesk.in should be sent to us via email to info@AuditorsDesk.in, with a duplicate copy sent via registered mail, return receipt requested, to the mailing address specified on our website. The notice must describe the nature and basis of the claim and the relief being sought.
D. Arbitration Procedures. You may bring claims only on your own behalf. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in San Francisco California, or any other location we agree to.
In the event that the American Arbitration Association is unwilling or unable to set a hearing date within one (1) year of filing the case, then either AuditorsDesk.in or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services.
Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies, or awards that conflict with these Terms.
E. Arbitration Fees. The AAA rules will govern payment of all arbitration fees.
F. Exceptions to Agreement to Arbitrate. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
You may opt out of this agreement to arbitrate, but to opt out, you must notify AuditorsDesk.in in writing within 30 days of the date that you first became subject to this arbitration provision. You must provide notice to us via email to info@AuditorsDesk.in, with a duplicate copy sent via registered mail, return receipt requested, to the mailing address specified on our website. You must include your name and address, the primary contact and account administrator’s name and address, and a clear statement that you want to opt out of this arbitration agreement.
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND AUDITORSDESK.in AGREE THAT THERE WILL NOT BE A JURY TRIAL. You and AuditorsDesk.in unconditionally waive any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to this agreement in any way.
G. Prohibition of Class Arbitrations. YOU MAY ONLY RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. This agreement does not allow class or collective arbitrations even if the AAA procedures or rules would allow them. Notwithstanding any other provision of this agreement, the arbitrator shall not have the power to determine that class arbitration is permissible. The arbitrator also shall not have the power to preside over class or collective arbitration, or to award any form of class-wide or collective remedy.
If for any reason the prohibition of class arbitrations set forth above cannot be enforced, then the agreement to arbitrate will not apply.
H. Judicial Forum for Disputes. IN THE EVENT THE AGREEMENT TO ARBITRATE IS FOUND NOT TO APPLY TO YOU OR YOUR CLAIM, YOU AND AUDITORSDESK.in AGREE THAT ANY JUDICIAL PROCEEDING RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SAN FRANCISCO COUNTY, CALIFORNIA. BOTH YOU AND AUDITORSDESK.in CONSENT TO VENUE AND PERSONAL JURISDICTION THERE.