You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, legal notices shall be served on Suchnetcom Solar Website/Legal, or to the email address you provide to Suchnetcom Solar during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
4.3 Legal Disputes
If a dispute arises, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Suchnetcom Solar agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the Customer Support page of www.suchnetcomsolar.com. We will consider reasonable requests to resolve the dispute through
alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
4.4 Law and Forum for Legal Disputes
This Agreement shall be governed in all respects by the laws of Nigeria as they apply to agreements entered into and to be performed entirely within Nigeria between Nigerian residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Suchnetcom Solar must be resolved exclusively by a state or federal court located in Lagos, Nigeria, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Lagos, Nigeria for the purpose of litigating all such claims or disputes.
4.5 Arbitration Option
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than N50,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
4.6 Improperly Filed Claims
All claims you bring against Suchnetcom Solar must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to the Legal Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Legal Disputes Section, Suchnetcom Solar may recover attorneys' fees and costs up to N20, 000, provided that Suchnetcom Solar has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others doesn't waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the Suchnetcom Solar site email.This Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, writing doesn't include an email message and a signature doesn't include an electronic signature.
This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Legal Disputes.