General terms and conditions 2022
Terms & Conditions
Web & Digital Marketing Consultant
Section 1: General
1. These general terms and conditions apply to every Assignment, follow-up assignment, quotation and agreement, as well as to every legal relationship as a result of or in connection therewith, between DigitalAnanth located at SBM Colony, Banashankari, Bangalore, India. (hereinafter: “Contractor”) and the natural or legal person (hereinafter: “Client”) who gives the Contractor an Assignment. A deviation from these general terms and conditions can only be agreed in writing.
2. The Contractor declares any general terms and conditions of the Client not applicable in advance, unless the parties agree otherwise in writing.
3. If one of the provisions in these general terms and conditions is declared inapplicable, the other provisions will apply in full.
Section 2: Quotation & Prices
1. Quotations and offers made by the Contractor are without obligation and are valid for a period of fourteen days, unless stated otherwise in writing. The Contractor is only bound by quotations and offers after written confirmation by the Client within this period.
2. Offers and quotations automatically expire after the expiry date referred to in point 1. After this expiry date, no rights can be derived from the quotation and the Contractor is entitled to have a new quotation issued at the then applicable rates.
3. Composite offers can only be accepted or not accepted in their entirety. The Contractor is only bound by a partial acceptance of the quotation by the Client if he expressly agrees to the partial acceptance. In that case, the Contractor is not bound by the aforementioned prices in the quotation and is entitled to have a new quotation issued.
4. The rates stated in offers and quotations are exclusive of TAXES, unless stated otherwise in writing. Rates may vary per Assignment depending on experience and required specialist knowledge.
5. The offer also states whether costs for travel time, mileage allowance, material or other costs associated with the assignment will be charged.
6. The fee does not depend on the result of the assignment. The Client owes a fee as soon as the Contractor has commenced the work.
7. If the Client and the Contractor have agreed on a fixed price agreement, the Contractor is entitled to raise the invoice in proportion to the progress of the work.
8. The Contractor is at all times entitled to request an advance on the invoice, which will be set off against the final invoice.
9. The Contractor reserves the right to charge changes or additions to the Assignment requested by the Client that the Contractor had not taken into account when the fixed price agreement was reached, at the Contractor’s usual hourly rate. This also includes changes that the Client wishes after approval of these activities by the Contractor.
Section 3: Conclusion, amendment and cancellation of the Assignment
1. Unless otherwise agreed in writing, an Assignment is established the moment the Contractor receives a signed quotation or written confirmation from the Client, or b) the Client accepts the offer in another way, in which case the Contractor confirms the Assignment by email .
2. If during the execution of the Assignment it appears that it needs to be adjusted, the parties will change the Assignment in consultation. A change to the Assignment may result in a higher rate.
3. Assignments can only be canceled or terminated in writing, after which the Contractor is entitled to charge costs already incurred.
4. The Contractor is at all times entitled to terminate the agreement in writing without stating reasons and with retention of rights in the event of bankruptcy, liquidation, dissolution, business termination, suspension of payments on the part of the Client, or if the Client fails to comply in the fulfillment of the Assignment, including the obligations under these general terms and conditions.
5. If the Contractor terminates the agreement for one of the reasons stated in the previous points, the Contractor is not obliged to pay compensation for any damage.
Section 4: Execution of the assignment
1. The Contractor will carry out the Assignment to the best of its knowledge and ability and in accordance with the requirements of good workmanship, taking into account the wishes of the Client as much as possible. The Assignment is a best efforts obligation and does not guarantee the achievement of a specific result.
2. The Client is obliged to provide the Contractor with all information and documents that the Contractor reasonably deems necessary for the proper execution of the Assignment, failing which the Contractor is entitled to suspend its obligations under the Assignment, without prejudice to the Contractor’s right to point 7 (Quotation & Prices) to be invoiced proportionally to the progress of the work.
3. The Contractor may occasionally request approval from the Client for work already performed by the Contractor and/or designs and/or concepts.
4. The Contractor is not obliged to make changes by the Client for (parts of) Assignments or matters for which he has already given his approval, free of charge. This concerns changes about things such as color schemes, layout, texts, concepts, and so on. The foregoing does not apply to changes that were not reasonably foreseeable by the Client, such as errors in the back of the website.
5. If the Client and the Contractor agree (interim) delivery times, these are without obligation and are approximate. If these terms are exceeded, the Client must allow the Contractor a reasonable term – but at least fourteen days – to still fulfill its obligations. Exceeding these terms does not entitle the Client to compensation or dissolution of the Assignment.
Section 5: Payment
1. Unless otherwise agreed in writing, the Contractor will charge its usual hourly rate to the Client or on Project basis or Task based.
2. Unless otherwise agreed in writing, the fee and the associated costs will be invoiced every two weeks.
3. Unless otherwise agreed in writing, payment must be made within fourteen days of the invoice date. Payment is made by transferring the total amount to the Contractor’s bank account. Payment of an advance as stated in Section 2 point 8 must be made within five working days after the invoice date.
4. If the Client has not paid or has not paid in full after the terms referred to in point 3, the Client will be in default by operation of law and the Contractor will be entitled to charge statutory interest until the day of payment in full, without prejudice to the Contractor’s further rights.
5. All judicial and extrajudicial costs of the Contractor spent on the collection of amounts owed from the Client are for the account of the Client.
6. The Contractor is entitled to suspend its obligations under the Assignment until the Client has paid the due and payable claims. In that case, the Contractor is not liable for damage as a result of the suspension.
Section 6: Complaints / Warranties and Liability
1. Any complaints regarding work performed by the Contractor must be submitted in writing to the Contractor as soon as possible, but no later than two weeks after delivery, termination or completion of the Assignment or work.
2. Submitted complaints do not suspend the Client’s payment obligation.
3. If there is a defect, the Contractor will replace or repair it within a reasonable period of time – at the discretion of the Contractor. The Contractor is not obliged to remedy defects free of charge that are the result of incorrect information provided by the Client, or that have been submitted after approval as described in Section 4, point 3, or after the period referred to in point 1.
4. The Contractor accepts no liability for damage on the part of the Client as a result of injudicious or improper use by or on behalf of the Client.
5. The Contractor accepts no liability for damage or defects on the part of the Client as a result of acts or omissions in the performance of the Assignment by the Contractor on the explicit instructions / wishes / directions of the Client.
6. The Contractor is not responsible for the content of products manufactured by it insofar as these materials such as texts, images, sounds, etc. are supplied by the Client. The Client guarantees the Contractor that the materials supplied by it are free of (intellectual property) rights.
7. The Client indemnifies the Contractor against and indemnifies the Contractor against claims from third parties relating to the end product(s) manufactured by the Contractor on the instructions of the Client.
8. The Contractor expressly excludes any liability for damage for whatever reason, including all direct and indirect damage, such as trading loss and consequential damage, except for damage caused by gross negligence or intent on the part of the Contractor.
9. If and insofar as the Contractor is nevertheless liable to any extent, the liability is limited to the amount that the Contractor has received for the Assignment, whereby for assignments with a longer lead time, the liability is limited to a maximum of the invoice amount of the last month.
10. The Contractor is entitled to have (part of) work performed by third parties without the Client’s prior consent. The Contractor is not liable for damage as a result of technical failures or problems with web hosting.
Section 7: Intellectual property rights.
1. All (intellectual) property rights, such as the copyright and property right to products manufactured by the Contractor such as films, sketches, drawings, software, designs, ideas, concepts, websites, etc., remain with the Contractor at all times and are not transferred in whole or in part. to the Client. The Client will receive the right of use when the Contractor has completed the Assignment and all claims of the Contractor against the Client have been paid. Unless otherwise agreed in writing.
2. The Client is prohibited from copying, publishing, editing or using material designed or made by the Contractor for a purpose other than that agreed with the Contractor, unless the Contractor has given its prior written consent.
3. The Contractor reserves the right to state its name as the Author on products that it has (partially) manufactured as described in point 1, possibly with a hyperlink to the Contractor’s web page. The Contractor also reserves the right to use products manufactured by it for its own promotional purposes insofar as no confidential information is made public.
4. The Client indemnifies the Contractor against claims from third parties as a result of materials and data processed by the Contractor and provided or used by or at the request of the Client.
Section 8: Final provisions
1. The Contractor and the Client are both obliged to maintain confidentiality with regard to all confidential information and data that have been provided to each other in the context of the Assignment.
2. If the Contractor is unable to fulfill its obligations under the Assignment and/or these general terms and conditions, or cannot fulfill them on time or properly, as a result of force majeure, this cannot be attributed to the Contractor.
3. Third parties cannot derive any rights from agreements made between the Contractor and the Client.
4. All legal relationships between the Client and the Contractor are exclusively governed by Indian law. In case of disputes, the Court of Bangalore has jurisdiction.
Terms and Conditions for Social Media Management 2022
Section 1: Applicability
1.1 These terms and conditions apply to every offer, quotation and agreement between DigitalAnanth and the client to which DigitalAnanth has declared these terms and conditions applicable, insofar as the parties have not expressly deviated from these terms and conditions in writing.
1.2 The present terms and conditions also apply to agreements with DigitalAnanth for the execution of which third parties must be involved by DigitalAnanth.
1.3 In these terms and conditions, Social Media is understood to mean: all internet applications with which it is possible to share information in the form of text, sound, images and music with each other in a user-friendly manner. Online marketing in these terms and conditions means the marketing of products or services via the internet. Content in this context is: the content of expressions to be placed on social media, including image and sound material.
1.4 Deviations from and additions to these general terms and conditions are only valid if agreed in writing between the parties.
1.5 The applicability of purchase or other conditions of the client is expressly rejected.
1.6 If any provision of these general terms and conditions is void or voided, the other provisions of these general terms and conditions will remain in full force and effect. DigitalAnanth and the client will then enter into consultation in order to agree on new provisions to replace the void or voided provisions, taking into account as much as possible the purpose and intent of the original provisions.
1.7 If there is a lack of clarity regarding the interpretation of one or more provisions of these general terms and conditions, the explanation must be given ‘in the spirit’ of these provisions.
1.8 If a situation arises between the parties that is not regulated in these general terms and conditions, this situation must be assessed ‘in the spirit’ of these general terms and conditions.
1.9 If DigitalAnanth does not always require strict compliance with these terms and conditions, this does not mean that the provisions thereof do not apply, or that DigitalAnanth would to any extent lose the right to demand strict compliance with the provisions of these terms and conditions in other cases.
Section 2: Quotations and offers
2.1 The Client guarantees the correctness and completeness of the information provided to DigitalAnanth by or on behalf of it on which DigitalAnanth bases its offer. The Client always takes the utmost care that the requirements that the performance of DigitalAnanth must meet are correct and complete.
2.2 All quotations and offers from DigitalAnanth are without obligation, unless a term for acceptance has been set in the quotation. If no acceptance period has been set, no rights can be derived in any way from the quotation or offer if the product to which the quotation or offer relates is no longer available in the meantime.
2.3 DigitalAnanth cannot be held to quotations or offers if the client can reasonably understand that the quotations or offers, or a part thereof, contain an obvious mistake or error.
2.4 If the acceptance (whether or not on minor points) deviates from the offer included in the quotation or offer, DigitalAnanth is not bound by it. The agreement will then not be concluded in accordance with this deviating acceptance, unless DigitalAnanth indicates otherwise.
2.5 A composite quotation does not oblige DigitalAnanth to perform part of the assignment for a corresponding part of the stated price. Offers or quotations do not automatically apply to future orders.
Section 3: Price, payment and collection costs
3.1 All prices are exclusive of turnover tax (VAT) and other levies that have been or will be imposed by the government.
3.2 If the client consists of several natural persons and/or legal persons, each of those persons is jointly and severally liable to pay the amounts owed under the agreement.
3.3 In the event of a periodic payment obligation on the part of the client, DigitalAnanth is entitled to adjust the applicable prices and rates in writing, with due observance of a term of three months. If the client does not wish to agree to such an adjustment, the client is entitled to terminate the agreement in writing within thirty days of the notification, with effect from the date on which the adjustment would take effect. However, the Client is not entitled to such termination if it has been agreed between the parties that the applicable prices and rates can be adjusted with due observance of an agreed index or other standard.
3.4 All invoices must be paid by the client in accordance with the payment conditions stated on the invoice (such as currency). In the absence of specific conditions, the client must pay within fourteen days of the invoice date at the latest by transferring the amount to a bank account number specified by DigitalAnanth, stating the invoice number. Monthly amounts are billed at the beginning of each month.
3.5 The Client is not entitled to set off amounts owed.
3.6 If no fixed price has been agreed, DigitalAnanth will charge an hourly rate as applicable excl. VAT, travel and accommodation costs and any other costs. If third parties increase prices outside the sphere of influence of DigitalAnanth, DigitalAnanth is entitled to pass on this price increase to the customer. This includes raising taxes, levies and material costs.
3.7 If the client does not pay the amounts owed or does not pay them on time, the client will owe statutory commercial interest on the outstanding amount, without any reminder or notice of default being required. If the client continues to fail to pay the claim after a reminder or notice of default, DigitalAnanth can hand over the claim, in which case the client is also obliged to pay all judicial and extrajudicial costs in addition to the total amount owed.
3.8 DigitalAnanth is entitled to transfer its claims for payment of compensation to a third party.
3.9 Objections to the amount of an invoice do not suspend the payment obligation.
3.10 If the client is in default or in default in the (timely) fulfillment of its obligations, then all reasonable costs incurred in obtaining payment out of court will be borne by the client. The extrajudicial costs are calculated on the basis of what is customary in Indian collection practice. However, if DigitalAnanth has incurred higher costs for collection that were reasonably necessary, the costs actually incurred will be eligible for reimbursement. Any judicial and enforcement costs incurred will also be recovered from the client. The client also owes interest on the collection costs owed.
Section 4: Execution of online marketing
4.1 The Client always guarantees the correctness, completeness and consistency of the information provided to DigitalAnanth. Inaccuracies, incompleteness and inconsistencies are at the expense and risk of the client.
4.2 The client shall ensure that all information, which DigitalAnanth indicates is necessary or which the client should reasonably understand to be necessary for the execution of the agreement, is provided to DigitalAnanth in a timely manner. If the information required for the execution of the agreement has not been provided to DigitalAnanth in a timely manner, DigitalAnanth has the right to suspend the execution of the agreement and/or to charge the client for the additional costs resulting from the delay in accordance with the then customary rates. bring. The execution period will not commence until after the client has made the data available to DigitalAnanth. DigitalAnanth is not liable for damage of any kind,
4.3 DigitalAnanth will perform the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. All this on the basis of the state of science known at that time.
4.4 If and insofar as required for the proper execution of the agreement, DigitalAnanth has the right to have certain activities performed by third parties.
Section 5: Commencement, duration, amendment and termination of the agreement
5.1 Unless a start date is included in the agreement, an agreement is concluded on the day DigitalAnanth has received the agreement signed by the client.
5.2 Unless a date of termination is included in the agreement, an agreement for (support of) online marketing has a minimum term of one year and is tacitly renewed every year for one year, unless otherwise agreed. The agreement can be terminated in writing at any time after one year, subject to a notice period of 12 weeks. These 12 weeks start on the date on which the next contract month starts. The agreement between DigitalAnanth and the client is entered into for an indefinite period of time, unless the nature of the agreement dictates otherwise or if the parties expressly agree otherwise in writing.
5.3 If during the execution of the agreement it appears that it is necessary for a proper execution to change or supplement it, the parties will proceed to adjust the agreement in good time and in mutual consultation. If the nature, scope or content of the agreement, whether or not at the request or direction of the client, of the competent authorities, etc., is changed and the agreement is changed in qualitative and/or quantitative terms as a result, this may have consequences. for what was originally agreed. As a result, the originally agreed amount can also be increased or decreased. DigitalAnanth will quote as much of this in advance as possible. Furthermore, by changing the agreement, the originally stated term of execution can be changed. The client accepts the possibility of amending the agreement, including the change in price and term of execution.
5.4 If a price increase of more than 30% is exceeded or if the activities of either party are contrary to the law or morality, both the client and the contractor are entitled to terminate the agreement with immediate effect.
5.5 If the agreement is amended, including an addition, DigitalAnanth is entitled to implement it only after approval has been given by the authorized person within DigitalAnanth and the client has agreed to the price and other conditions stated for the implementation, including the time to be determined at which time it will be implemented. Not or not immediately executing the amended agreement does not constitute a breach of contract on the part of DigitalAnanth and is no ground for the client to terminate or cancel the agreement.
5.6 Without being in default, DigitalAnanth may refuse a request to amend the agreement if this could have qualitative and/or quantitative consequences, for example for the work to be performed or goods to be delivered in that context.
5.7 If the client should be in default in the proper fulfillment of what he is obliged to towards DigitalAnanth, then the client is liable for all damage on the part of DigitalAnanth that arises directly or indirectly as a result.
5.8 If the agreement is executed in phases, DigitalAnanth can suspend the execution of those parts that belong to a following phase until the client has approved the results of the preceding phase in writing.
Section 6: Confidentiality
The parties will ensure that all information received from the other party that is known or should reasonably be known to be of a confidential nature will remain secret. The party that receives confidential information will only use it for the purpose for which it was provided. Information is in any case considered confidential if it is designated as such by one of the parties.
Section 7: Intellectual property rights
7.1 DigitalAnanth reserves the intellectual property rights to the texts, designs, images, drawings, sketches and all other plans and ideas that have come to the attention of the Client in the context of the assignment, unless otherwise agreed. The Client must therefore handle this data / information in such a way that it cannot / cannot be used improperly by third parties. In connection with this, the client is obliged to only use the designs in the manner as agreed and the client will, if and insofar as applicable, state the full name of the contractor in its publications / expressions.
7.2 DigitalAnanth reserves the right to use the knowledge gained through the performance of the work for other purposes, insofar as no confidential information is disclosed to third parties.
7.3 DigitalAnanth reserves the right to use parts of developed content in later projects.
7.4 DigitalAnanth and any subcontractors (third parties) reserves the right to use the content developed for the client in whole or in part for promotional, acquisition and/or demonstration purposes.
7.5 The Client is responsible for ensuring that no rights of third parties preclude the provision to DigitalAnanth of material for the purpose of use, processing, installation or incorporation. The Client indemnifies DigitalAnanth against claims from third parties with regard to any infringement of intellectual property rights of that third party.
Section 8: Dissolution and termination of the agreement
8.1 If the client, after an agreement has been concluded, cancels the assignment in whole or in part, DigitalAnanth is entitled to charge all costs incurred in connection with that assignment to the client, with a minimum of 50% of the outstanding amount ( residual) value of the full contract value. After payment of the costs, DigitalAnanth will hand over to the client what has already been developed in the context of that assignment, all this with due observance of the other provisions of these terms and conditions.
8.2 If the client does not fulfill its obligations, DigitalAnanth has the right to suspend the execution of the agreement in whole or in part and to charge the costs incurred as a result in accordance with its usual rates, without prejudice to the right of DigitalAnanth to exercise any other statutory and/or agreed right.
8.3 The mere exceeding of a (delivery) term or (delivery) date does not cause DigitalAnanth to be in default. In all cases, DigitalAnanth will only be in default due to exceeding time after the client has given it written notice of default. The notice of default must contain a description of the shortcoming that is as complete and detailed as possible. DigitalAnanth must be offered a reasonable term to still implement the agreement.
8.4 If one of the parties, after written summons by the other party, fails to fulfill an obligation, the other party is entitled, without further notice of default or judicial intervention, to terminate the agreement in question with immediate effect, and without compensation to the other party. be obliged to dissolve any damage by means of a registered letter, without prejudice to the right of the terminating party to exercise its legal rights and without prejudice to the right of DigitalAnanth to payment for goods already delivered, work performed and/or services rendered.
8.5 Each of the parties may terminate the agreement in writing with immediate effect, in whole or in part, without notice of default, if the other party is granted a moratorium – whether or not provisionally – if the other party is declared bankrupt, if the other party’s company is liquidated or terminated other than for the purpose of reconstruction or amalgamation of companies, or if the decisive control over the client’s company changes. As a result of this termination, DigitalAnanth is never obliged to refund any monies already received or to pay compensation. In the event of bankruptcy of the client, the right to use software, websites and the like made available to the client lapses by operation of law.
Section 9: Liability of DigitalAnanth
9.1 Google, Facebook, Linkedin, Instagram, YouTube, Pinterest, Google and Twitter, among others, are external, open source web applications. DigitalAnanth is not liable for errors in the systems or functionalities concerned.
9.2 Any liability of DigitalAnanth due to an attributable shortcoming in the fulfillment of the agreement or for any other reason is limited to compensation for direct damage up to a maximum of four times the monthly invoice value (excl. TAX), but in all cases only insofar as the damage is covered.
9.3 Direct damage is exclusively understood to mean the reasonable costs to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these terms and conditions, any reasonable costs incurred to compensate the defective performance of DigitalAnanth to the the agreement, insofar as these can be attributed to DigitalAnanth and reasonable costs incurred to prevent or limit damage, insofar as the client demonstrates that these costs have led to limitation of direct damage as referred to in these general terms and conditions. For damage, such as but not limited to lost profit and/or stagnation damage, which is an indirect consequence of the goods and/services delivered by DigitalAnanth, DigitalAnanth is liable, barring intent or gross negligence,
9.4 The exclusions and limitations referred to in this section will lapse if and insofar as the damage is the result of intent or willful recklessness on the part of team associated to DigitalAnanth.
9.5 Unless performance by DigitalAnanth is permanently impossible, liability of DigitalAnanth due to an attributable shortcoming only arises if the client gives DigitalAnanth notice of default in writing without delay, whereby a reasonable term is set for the remedying of the shortcoming, and DigitalAnanth also continues to imputably fail to meet the obligations after that term. fulfillment of its obligations. The notice of default must contain a detailed description of the shortcoming, so that DigitalAnanth is given the opportunity to respond adequately.
9.6 A condition for the existence of any right to compensation is always that the client reports the damage in writing to DigitalAnanth within 96 hours of its occurrence.
9.7 The provisions of this section as well as all other limitations and exclusions of liability referred to in these general terms and conditions also apply to the benefit of all (legal) persons that DigitalAnanth uses in the execution of the agreement.
Section 10: Force majeure
10.1 Neither of the parties is obliged to fulfill any obligation if it is prevented from doing so as a result of force majeure, i.e. a shortcoming, which cannot be attributed to one of the parties and is not due to its fault, nor is it by virtue of the law, legal acts or in society for his account. In the event of force majeure, the relevant party will inform the other party in writing, stating the cause, nature, expected duration of the force majeure and the provisions of the agreement that cannot be fulfilled as a result. The implementation of the relevant provisions is suspended during the force majeure.
10.2 Force majeure also includes: (I) force majeure of suppliers of DigitalAnanth (II) defects in goods, equipment, software or materials of third parties, the use of which has been prescribed by the client to DigitalAnanth, (III) government measures, (IIII) electricity failure, malfunction of the Internet, computer network or telecommunications facilities, (IIII) war, work occupation, strike and general transportation problems.
10.3 If the force majeure situation lasts longer than two months, the parties will try to reach an agreement on amendment of the provision(s) of the agreement suspended due to force majeure. In the absence of such an agreement within one month, either party may terminate this agreement without being liable to pay any compensation to the other party. DigitalAnanth, however, retains the right to payment for goods already delivered, work performed and/or services rendered.
Section 11: Changes and additional work
11.1 If DigitalAnanth has performed work or other performances at the request or with the prior consent of the client that fall outside the content or scope of the agreed activities and/or performances, these activities or performances will be reimbursed by the client in accordance with the agreed rates and in the absence thereof at the usual rates of DigitalAnanth. DigitalAnanth is never obliged to comply with such a request and it may require that a separate written agreement be concluded for this purpose.
11.2 The agreed or expected time of completion of the services and the mutual responsibilities of the parties may be influenced by work or performance as referred to in this section. The fact that (the demand for) additional work arises during the execution of the agreement is never a ground for the client to terminate or dissolve the agreement.
11.3 DigitalAnanth will inform the client about the financial consequences of the extra work or performance as referred to in this section.
Section 12: Indemnification
The client indemnifies DigitalAnanth against any claims from third parties who suffer damage in connection with the execution of the agreement and the cause of which is attributable to parties other than DigitalAnanth. If DigitalAnanth should be addressed by third parties on this basis, the client is obliged to assist DigitalAnanth both in and out of court and to immediately do everything that may be expected of him in that case. Should the client fail to take adequate measures, DigitalAnanth is entitled to do so itself, without notice of default. All costs and damage on the part of DigitalAnanth and third parties arising as a result will be entirely at the expense and risk of the client.
Section 13: Applicable law and disputes
13.1 The agreements between DigitalAnanth and the client are exclusively governed by Indian law.
13.2 The District Court in the district of Bangalore has exclusive jurisdiction to hear disputes arising from or related to agreements between DigitalAnanth and the client.
13.3 The parties will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation.