Website Development Agreement- April 14, 2021
The client and the company undertake to make good faith efforts to resolve disputes arising from or related to this agreement through negotiation. If the parties do not resolve such a disagreement within 10 days, controversies or claims arising from or relating to this Agreement, including, but not limited to its interpretation or violation, are subject to arbitration proceedings by one of the parties in Utah County, Utah, Utah and in accordance with the American Arbitration Association`s commercial arbitration rules. Arbitration is conducted by an arbitrator who is chosen at the sole discretion of the trustee of the American Arbitration Association and (b) a licensed lawyer with at least ten (10) years of legal practice experience and at least five (5) years of experience in negotiating technology contracts or technology disputes. The arbitrator has the power to obtain any arbitral award that may be registered by a Utah state court judge without a jury, and that power alone, except that the arbitrator does not have the power to award punitive, triple damages or other damages that are not compensated, even if that is permitted by Utah state laws or any other applicable law. The arbitrator must present his or her resolution of a dispute within thirty (30) days from the date of the dispute for an arbitration procedure. The written decision of the arbitrator is final and binding and enforceable in any jurisdiction competent to the parties and the object of the arbitration. Notwithstanding the above, this section does not prevent the parties from applying for a temporary, provisional or judicial exemption. These are essentially due dates and indicators of success and generally cover both parts of the agreement. For example, the company may agree to provide branded materials, images or other digital media up to a specific date, and a development stage could be some kind of provision of a finite mobile application. The changes are one of the most difficult parts of managing a new website launch.