Terms of Services

User Agreement

Please carefully go through the following terms & conditions (“T&C”) before you decide to access and use our Site & Jupitice Site Services. This is a User Agreement (this “Agreement”) between you (“You” or “User”) &Jupitice Justice Technologies Private Limited, (“Jupitice”, “we” or “us”). The User must read, agree to, and accept all of the terms and conditions contained in this Agreement to be a User and to enjoy the services provided by our website located at www.jupitice.com.By clicking the “AGREE” button when you create your account or subscribe the Jupitice Platform or file your disputes or when you otherwise access or use the Site and/ or Site Services, such action constitutes your confirmation & agreement with these T&C. If you are accessing & using the Site & Site Services, these terms are binding on you personally. If you are accessing & using the Site & Site Services in your capacity as the representative of a body corporate, you represent, warrant & confirm that you are dully authorized and have the authority to bind that body corporate.

This Agreement includes of and hereby incorporates by reference the following important agreements, as they may be in effect and modified from time to time; Term of Use, Jupitice Platform License Agreement, Jupitice Platform License Subscription Agreement, Additional Service Contract Terms, ODR Services Agreement, Fee Agreement; Cookie Policy; Privacy Policy; Mark Use Guidelines; Fixed Price & Tiered Price Service Contract Escrow Instruction, Hourly Agreement with Escrow Instructions, , IP Rights infringement reporting procedure and, all these agreements are collectively, including this Agreement, called the “Terms of Service”.

You understand that by using the Jupitice site or site services after the effective date, your consent to be bound by the terms of service. If you do not agree to the terms of service in its entirety, you must not access or use the Jupitice site services after the effective date.

The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

i) the Indian Contract Act, 1872,

ii) the (Indian) Information Technology Act, 2000, and

iii) the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).

Interpretation Clause

“Jupitice” means Jupitice Justice Technologies Private Limited that owns, operates & manages the Site, Jupitice site services.

“Site” means Platform including collectively our Website located at www.jupitice.com, Applications, Mobile Websites, Mobile Applications, owned & operated by us.

“Jupitice Site Services” means, collectively all Services, Software, Products, Applications, Tools, Services, Jupitice Platform etc. that includes but not limited to various types of Digital Courts & Digital Court Rooms, Complaint Redressal System, ADR Services, ODR Services, etc. that are accessible through the Site i.e. including the Public Jupitice site services and all Jupitice Mobile Applications.

“Jupitice Platform” means a system for generating, sending, receving, storing, exchanging or otherwise processing data, information and communication and is software that integrates several applications & tools seamlessly that includes Applications, Products, Solutions, Processes, Knowledge, Data and Technology and is a foundational Digital Infrastructure combined with various Services & Solutions where various entities can interact, allowing for a resolution and which can enhance access, amplify the capacity & enable the efficiency of the dispute resolution system.

"Foundational Digital Infrastructure" means digital infrastructure which is a shared underlined technological framework that provides the contexts – independent components (such as knowledge, process, technology, connection & data) to develop solutions/ services needed for the users.

“Jupitice Mobile Applications” means all Mobile Applications published by Jupitice for access to or use of site and site services.

“Client” means any authorized User utilizing site to seek or obtain site services.

“Disputant” means Claimant & Respondent.

“ADR Practitioner” means any authorized User utilizing the Site to create their webpage (online global ADR office) to provide ADR Practitioner services to Clients. They are independent Arbitrators, Mediators, Conciliators, Assisted Negotiators, Attorneys& Domain Experts, not forming part of Jupitice Boutique Global Panel. An ADR Practitioner is a customer of Jupitice with respect to use of the site and site services

“ADR Practitioner Services” mmeans any site services, provided by ADR Practitioner

“Jupitice Boutique Global Panel” means a panel that is comprised of independent ADR Practitioners specially selected by Jupitice to provide Jupitice ADR services.

“Escrow Account” means dedicated bank account set up by Jupitice separate from its operating bank accounts to hold and disburse fee for and on behalf of Client and ADR Practitioner Escrow Account as per escrow instructions.

“Escrow Instructions” means the Escrow Instructions pertaining to Fixed-Price, Hourly Price & Tiered Pricing Escrow Instructions or the Hourly, Bonus, and Expense Payment Agreement with Escrow Instructions.

“Service Contract” means, as applicable, the contractual provisions between a Client and an ADR Practitioner governing the ADR Practitioner Services for a Case.

“Jupitice Service Contract” means, as applicable, the contractual provisions between a Client and Jupitice governing the Jupitice Services for a Case.

“Substantial Change” means a change to the terms of the Terms of Service that goes contrary to your rights or increases your responsibilities.

“Work Product” means any tangible or intangible results or deliverables that ADR Practitioners and/or Jupitice agree to create for, or actually delivers to, Client.

“ADR Practitioner’s Fee” means the fee under Hourly price rate or a Fixed contract price or Tiered pricing agreed between the Disputing Parties and ADR Practitioners as contained in the Service Contracts entered by them and includes any further modifications, amendments etc.

“Jupitice Fee” means the fee under Hourly price rate or a Fixed contract price or Tiered pricing agreed between the Jupitice Client and Jupitice.

“Fixed-Price Contract” means a Service Contract for which Client or Jupitice Client is charged a fixed fee, prior to the commencement of a Service for the completion of all Jupitice site services contracted by Client or Jupitice Client for such Service Contract.

“Hourly Contract” means a Service Contract for which Client/ Jupitice Client is charged based on the hourly rate charged by ADR Practitioner/ Jupitice.

“Tiered Pricing” means a Model where a Fixed Fee is charged according to the tier you belong to. Once you fill-up a tier you move to the next tier and you will be built account the next tier. The tier is based on the Claim Value.

“Payment Method” means a valid credit card issued by a bank acceptable to Jupitice, a bank account linked to your Account, a PayPal account, a debit card, or such other method of payment as Jupitice may accept from time to time in our sole discretion.

“Case” means an engagement for Dispute Resolution services that an ADR Practitioners or Jupitice provides to a Disputing Parties.

“User Content” means in this context any type of comments, remarks, data/information, feedback, content, text/message, photographs, images, video, music, or other content or information that you or any Site Visitor or User post to any part of the Site or provide to Jupitice, including such content or information that is posted as a result of questions.

“Intellectual Property Rights” meameans all patent, copyright, mask work, moral related rights, rights of publicity, trademark and service mark related rights, goodwill, trade secret related rights and other intellectual property related rights as may now exist or hereafter comes into existence, and all applications therefore and registrations, renewals and extensions thereof, in each case, under the laws of any state, country, territory or other jurisdiction.

“Confidential Information” means any material or information provided to, or created by, a User to evaluate a Case or the suitability of another User for the Case, regardless of whether the information can be in any form like information can be tangible, electronic, verbal, graphic, visual, or other form. Confidential Information does not include material or information that: (a) is generally known by third parties as a result of no act or omission of ADR Professional or “Disputing Parties ; (b) was lawfully received by User without restriction from a third party having the right to disseminate the information; (c) was already known by User prior to receiving it from the other party and was not received from a third party in breach of that third party’s obligations of confidentiality; or (d) was independently developed by User not requiring the use of another person’s Confidential Data.

“Personal information” and “sensitive personal data or information” are defined under (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011.

1. Account Registration n
1.1 Registration and Acceptance

By registering for an account to use the Site or Site Services (an “Account”), by using the Site or Site Services after the Effective Date if you had an Account on the Effective Date, or by clicking to accept the Terms of Service when prompted on the Site, you agree to abide by this Agreement and the other Terms of Service.

To access and use certain portions of the Site and the Site Services, you must register for an Account. Subject to the Site Terms of Use, certain portions of the Site are available to Site Visitors, including those portions before your Account registration is accepted. Jupitice reserves the right to decline a registration to join Jupitice or to add an Account of any type (i.e., as a Client or ADR Practitioner), for any lawful reason, including supply and demand, cost to maintain data, or other business considerations.

If you create an Account as an employee on behalf of an individual or organization or other entity, you represent and warrant that you are authorized to enter into binding contracts, including the Terms of Service, on behalf of yourself and the organization. Your privacy is important to Jupitice and your information will be handled in accordance with our Privacy Policy, which is part of the Terms of Service, and applicable law.

1.2 Account Eligibility

Jupitice offers the Site and Site Services for resolution of disputes whether business & personal purposes. To register for an Account or use the Site and Site Services, you must, and hereby represent that you: (a) are an individual, b) are an employee of and authorized to act for and bind an independent organization or any entity; (c) will use the Site and Site Services for business & personal purposes only; (d) will comply with any licensing, registration, or other requirements with respect to your business, or the business for which you are acting, and the provision of ADR Practitioner Services; and (e) are either a legal entity or an individual who is 18 years or older (or have otherwise reached the age of majority in the jurisdiction in which you conduct business) in each case who can form legally binding contracts (f) will comply the following conditions being ADR Practitioner

A person with minimum Bachelor's degree in any field with following qualifications shall be eligible:-

a. Should not have been under disability affecting discharge of duty by virtue of statutory provision or by reason of public policy or dismissal or removal from service as a result of any disciplinary proceeding or offence involving moral turpitude.

b. Should not have been convicted or facing criminal prosecution.

c. ShShould not be more than 80 years of age.

d. Should preferably have experience of conducting or associated with at least one ad hoc or institutional ADR.

e. Should be physically and mentally fit to act as ADR Practitioner.

1.3 Users Profile

To register for an Account to join the Jupitice, you must complete a User profile i.e. you must fill up all the credentials (“Profile”), which you consent to be shown to other Users and to Public. You consent to willfully provide true, accurate, and complete information on your Profile and all registration and other forms you access on the Site or provide to us and to update your information and to maintain its reliability, accuracy, and extensiveness. You accept not to provide any misleading information about your identity or location, business, skills, or the Jupitice site services and to be precise any such information that is or becomes false or misleading.

1.4 Account Registration Types

As described in this Section, there are a number of different Account/Login types. We reserve the right to revoke the privileges of the Account or access to or use of the Jupitice site or site services in our sole discretion, without warning, if false or misleading information has been provided in creating, marketing, or maintaining your Login Profile or Account.

1.4.1 Neutral: You can register for an Account or add an Account type to use the Site, or site services and/ or as a Neutral (a “Neutral Account”).

1.4.2 Attorney: You can register for an Account or add an Account type to use the Site, or site services as an Attorney (“Attorney Account”).

1.4.3 Disputant: You can register for an Account or add an Account type to use the Site, or site services as a Disputant (a “Disputant Account”). Each User under a Disputant Account can be given different permissions to act as Disputant.

1.4.4 Other: You can register for an Account or add an Account type to use the Site, or site services and/ or as other (“Other Account”). Each User under Other Account can be given different permissions to act as per following list of professionals:

1.4.4.1 Expert

1.4.4.2 Witness

1.4.4.3 Case manager

1.4.4.4 Paralegal

1.4.4.5 Representative of parties other than Attorney

1.4.4.6 Interpreters

1.4.4.7 Transcribers

1.4.4.8 Tribunal Secretary

1.4.4.9 Clerk

1.4.4.10 Etc.

1.5 Account Permissions

You agree to not request or allow another person (who has been authorized by you) to create an Account on your behalf, for your use, or for your benefit, except that an authorized employee or representative may create an Account on behalf of you. By granting permissions to Users under your Account, you represent and warrant that: (a) the User is authorized to act on your behalf; and (b) you are fully responsible as well as liable for the User’s acts and omissions, comprising of obligations and liabilities relating to making payments and entering into Service Contracts and the Terms of Service. If any such User violates the Terms of Service, it may affect your ability to use the Jupitice site services. Upon closure of an Account, Jupitice may close any or all related Accounts..

1.6 Identity and Location Verification

When you register yourself as User for an Account and from time to time thereafter, your Account will be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirms your identity, your location, and your ability to act on behalf of your business on Jupitice. You authorize Jupitice, directly or through third parties, to make any inquiries necessary to validate your identity, your location, and confirm the ownership of your email address or financial accounts, subject to applicable law. When requested, you must expediently provide us with the complete information about your own self and your business, which includes, but is not limited to, providing official government or legal documents. During the verification process some Account features may be temporarily limited. When verification will be successfully completed, Account features will be restored.

1.7 Usernames and Passwords

Each person who uses the Site must register for their own Account. When you register for an Account, you will be asked to choose a username and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of your username and password. You agree not to share your username or password with any person. You authorize Jupitice to assume that any person using the Site with your username and password, either is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to the password for any Account. You further agree not to use the Account or log in with the username and password of another User of the Site if (a) you are not authorized to use both or (b) the use would violate the Terms of Service.

2. Jupitice Services

2.1 Jupitice owns, operates, manages & administers the website, Jupitice Platform, and any other Digital, Online or Mobile interfaces (current & future) for the resolution of disputes through which disputes may be processed and settled between the Disputants by negotiation, mediation, conciliation & arbitration heard before Arbitrator, Conciliator, Mediator as the case may be in accordance with Jupitice Online Administered Arbitration Rules, UNCITRAL Arbitration Rules & Non-Jupitice Arbitration Rules.

2.2 The Site is a Marketplace where clients & ADR Practitioners can connect with each other to buy & sell Dispute Resolution Services Online. Subject to the Terms of Service, Jupitice provides the Site Services to Users, including hosting and maintaining the Site, facilitating evaluation, negotiation & the formation of Service Contracts, and assisting Users in resolving disputes which may arise in connection with those Service Contracts, or Escrow Services or Online Payment Support, creation & maintenance of webpage (Online ADR Office) for ADR Practitioners under free plan, use of Communication & Invoice & Payment Tools by ADR Practitioners for their Online ADR Office as permitted by Jupitice under free plan etc. When a User enters a Service Contract, the User uses the Site to invoice and pay any amounts owed under the Service Contract (here-in after referred to as “Market Place Services”).

2.2.1 Jupitice makes the Site and Site Services available to enable ADR Practitioners and Clients to find and transact directly with each other. Jupitice does not introduce ADR Practitioners to Clients, select Cases for ADR Practitioners, or select ADR Practitioners for Clients. Through the Site and Site Services, ADR Practitioners may get notification from the Clients that may be seeking the Site Services they offer, and Clients may be notified of ADR Practitioners that may offer the Site Services they seek; at all times, however, Users are responsible for evaluating and determining the suitability of any Case, Client or ADR Practitioner on their own. If Users decide to enter into a Service Contract, the Service Contract is directly between the Users i.e. Client and ADR Practitioners and Jupitice is not a party to that Service Contract between Client and ADR Practitioners.

2.2.2 You acknowledge, consent, and understand that Jupitice is not a party to the relationship or any dealings between Client and ADR Practitioner. Without limitation, Users are only responsible for: (a) ensuring the authenticity and legality of any User Content; (b) determining the reliability of other Users for the purpose of Service Contract, (c) negotiating, consenting to, and executing any terms or conditions of Service Contracts; (d) performing ADR Practitioner Site Services; and/or (e) paying for ADR Practitioner Services. You further acknowledge, consent, and understand that you are only responsible for assessing whether to execute a Service Contract with another User and for the purpose of verifying any information about another User. Jupitice does not make any representations about or guarantee the truth or accuracy of any ADR Practitioner’s or Client’s listings or other User Content on the Site; does not verify any feedback or information provided by Users about ADR Practitioners or Clients; and does not perform background checks on or guarantee the work of ADR Practitioners or Clients. You acknowledge, agree, and understand that Jupitice does not, in any way, supervise, direct, control, or evaluate ADR Practitioners or their work and are not responsible for any Case, Case terms or Work Product. Jupitice makes no representations about and does not guarantee, and you agree not to hold Jupitice responsible for, the quality, safety, or legality of ADR Practitioner Site Services; the qualifications, background, or identities of Users; the ability of ADR Practitioners to deliver ADR Practitioner Services; the ability of Clients to pay for ADR Site Services; User Content and statements or posts made by Users; or the ability or willingness of a Client or ADR Practitioners to actually complete a transaction. While Jupitice may provide certain badges on ADR Practitioners or Client profiles, such badges are not a guarantee or warranty of quality or ability or willingness of the badged ADR Practitioners or Client to complete a Service Contract and is not a guarantee of any kind, including, the quality of ADR Site Services or Client Project.

2.2.3 You also acknowledge, consent, and understand that ADR Practitioners are solely responsible for determining, and have the only right to determine, which Cases to accept; the time, manner, and means of providing any ADR Site Services; the type of Site Services they provide; and the price they charge for their Site Services or how that pricing is determined or set. You further acknowledge, agree, and understand that: (i) you are not an employee of Jupitice, and you are not eligible for any of the rights or benefits of employment (including unemployment and/or workers compensation insurance); (ii) Jupitice will not have any liability or obligations, including under or related to Service Contracts and/or ADR Site Services for any acts or omissions by you or other Users; (iii) Jupitice does not, in any way, supervise, direct, or control any ADR Practitioners or ADR Site Services; does not impose quality standards or a deadline for completion of any ADR Site Services; and does not dictate the performance, methods or process ADR Practitioners uses to perform Site Services; (iv) ADR Practitioners is free to determine when and if to perform ADR Site Services, including the days worked and time periods of work, and Jupitice does not set or have any control over ADR Practitioner’s pricing, work hours, work schedules, or work location, nor is Jupitice involved in any other way in determining the nature and amount of any compensation that may be charged by or paid to ADR Practitioners for a Case, (v) ADR Practitioner will be paid at such times and amounts as agreed with a Client in a given Service Contract, and Jupitice does not, in any way, provide or guarantee ADR Practitioners a regular salary or any minimum, regular payment; (vi) Jupitice does not provide ADR Practitioners with training or any equipment, labor, tools, or materials related to any Service Contract; (vii) Jupitice does not provide the premises at which ADR Practitioners will perform the work; (viii) unless otherwise agreed with their Client, ADR Practitioners may use subcontractors or employees to perform ADR Site Services by delegating work on fixed-price contracts or by agreeing with their Clients to have hourly contracts for ADR Practitioner’s subcontractor(s) or employee(s); and (ix) Jupitice does not provide shipping Site Services for any physical Work Product. If an ADR Practitioner uses subcontractors or employees, ADR Practitioners further agrees and acknowledges that this Section applies to Jupitice’s relationship, if any, with ADR Practitioner’s subcontractors and employees as well and ADR Practitioner is solely responsible for ADR Practitioner’s subcontractors and employees..

2.2.4 Nothing in this Agreement is intended to prohibit or discourage (nor should be construed as prohibiting or discouraging) any User from engaging in any other business activities or providing any Site Services through the other channels they choose, provided, if applicable, Users comply with the Opt Out provisions described in Section 11.2. If Users deems it to be fit, they are free at all times to be a part in such other business activities and Site Services and are encouraged to do so.

2.2.5 Taxes & Benefits

ADR Practitioners acknowledges and consent that ADR Practitioner is solely responsible (a) for all liabilities associated tax payments received from ADR Practitioner’s Clients and through Jupitice, and that Jupitice will not withhold any taxes from payments to ADR Practitioners; (b) to obtain any liability, health, workers’ compensation, disability, unemployment, or other insurance needed, desired, or required by law, and that ADR Practitioner is not covered by or eligible for any insurance from Jupitice; (c) for determining whether ADR Practitioner is required by applicable law to issue any particular invoices for the ADR Practitioners Fees and for issuing any invoices so required; (d) for determining whether ADR Practitioner is required by applicable law to remit to the appropriate authorities any value added tax or any other taxes or similar charges applicable to the ADR Practitioner’s Fees and remitting any such taxes or charges to the appropriate authorities, as appropriate; and (e) if outside of the India, for determining if Jupitice is required by applicable law to withhold any amount of the ADR Practitioner’s Fees and for notifying Jupitice of any such requirement and indemnifying Jupitice for any requirement to pay any withholding amount to the appropriate authorities (including penalties and interest). In the event of an audit of Jupitice, ADR Practitioners agrees to promptly cooperate with Jupitice and provide copies of ADR Practitioner’s tax returns and other documents as may be reasonably requested for purposes of such audit, including but not limited to records showing ADR Practitioner is engaging in an independent business as represented to Jupitice

2.3 Jupitice also provides various types of Jupitice Site Services to its clients relating to the dispute resolution whether business or personal under ADR Mechanism including by using its proprietary Platform, Software, Application etc which are accessible through the site. Such Site Services includes Dispute Resolution Platform as a Service, Private Digital Court as a Service, ADR Services, ODR Services, Value Added Services etc. as independent Contractor/ Service Provider to the clients. Jupitice & Clients have Buyer & Seller.

2.3.1 Such Services are subject to additional terms & conditions governing their provisions which form part of the User Agreement.

2.3.2 In case of ADR Services, Jupitice may engage independent ADR Practitioner out of its “Boutique Global Neutrals Panel” to provide its ADR Service. In such situation, the clients shall not have Buyer & Seller relationship with such Neutral engaged by Jupitice to provide ADR Services.

2.3.3 In case of Value-Added Services, Jupitice may engage the required independent service provider from its Panel created for such services. In such situation, the client shall not have Buyer & Seller relationship with such Service provider engaged by Jupitice.

3. Jupitice’s Site &Site Service

3.1 The Jupitice’s Site Services together with any and all Content (as further defined below) created for, contained in and/or otherwise provided or made available as part of our Site &Site Services and/(including but not limited to all versions, medium, forms and formats thereof, and all improvements, modifications, amendments, adaptations, new and/or derivative works created there from and thereto) is our property which is owned by us, or is authorized by us from our relevant authorizers. All the aforesaid works are owned by us and/or our authorizers (as the case may be) and are protected by intellectual property rights (including but not limited to copyright, trademark, patent, design, rights in computer software and databases) and/or any other intellectual property rights, proprietary rights, and equivalent or similar rights anywhere in the world.

3.2 For the purpose of these T&C, “Content” means any and all information, data, text, software, computer programs (including source codes, object codes and HTML codes), music, sound, photographs, graphics, still pictures, trademarks, service marks, trade dress, get-up, marks, signs, logos, icons, button icons, clips, database, tables and data compilations, templates, forms, directories, links, video, audio-visual contents, moving pictures (whether animated or not), animations, graphical user interface, merchandise, business materials, advertisements, messages and/or any other materials (or any compilations or combinations of them) that may be developed for, or incorporated or contained in the Jupitice’s Site by Jupitice (and/or its licensors) or that may otherwise be created, published, displayed on or made available by Jupitice to Users on or through the Jupitice’s site or site services

3.3 Subject to the provisions of these T&C, Jupitice grants Users with a limited, non- exclusive and revocable license to access and use the Jupitice’s site or site services only for the purpose of browsing the relevant services and for online dispute resolution with the relevant claimant or respondent parties involved in your dispute under the Private Justice System. Save for such limited permissible use under license, you have no rights in or to the Jupitice’s site or site services and/or the Content (or any part thereof), and you will not use the Jupitice’s site or site services and/or the Content (or any part thereof) in any way or manner for any other purposes. Nothing in these T&C shall be construed or operate to grant any rights of ownership or other proprietary rights or interest in or to the Jupitice’s site or site services or Content (or any part thereof) to any User.

3.4 Unless you have obtained our prior expressed written permission, you must not copy, reproduce, issue or make available copies, alter, adopt, extract, mirror, reverse engineer, decompile, disassemble, modify, publish, Jupitice’s site or site services together with any and all Content (as further defined below) created for, contained in and/or otherwise provided or made available as part of our Site &Site Services and/or the Jupitice Services (including but not limited to all versions, medium, forms and formats thereof, and all improvements, modifications, amendments, adaptations, new and/or derivative works created there from and thereto) is our property that is owned by us, or is authorized by us from our relevant authorizers. All the aforesaid works are owned by us and/or our authorizers (as the case may be) and are protected by intellectual property rights (including but not limited to copyright, trademark, patent, design, rights in computer software and databases) and/or any other intellectual property

3.5 For any materials or documents downloaded on or through the Jupitice’s site or site services to you (“Downloaded Materials”), if any, you hereby consent and accept that you will only use those Downloaded Materials for the permitted licensed purposes set out in Section 3.3 above, or otherwise for the purposes of facilitating your rights protection and/or enforcement in relation to your disputes with the relevant claimant or respondent parties involved in the Private Justice System.

3.6 Your mobile network operator may charge you the relevant local, international and/or data roaming fees, costs and charges (as applicable) for accessing and/or using the Jupitice’s site or site services and these charges may vary accordingly. You are only responsible for making the arranging the relevant data plan for your device and for all of these data fees, costs and charges with your mobile network operator.

3.7 We recognize and understand that Users are concerned about their privacy and how their personal data are being handled and processed. We pledge to comply with the applicable requirements of applicable data protection laws. Before providing your personal data to us (whether on or through the Jupitice’s site or site services or otherwise), please refer to Jupitice PICS for further details about our personal data privacy policy and practices in relation to the collection, use, transfer, processing and handling of personal data on or through the Jupitice’s site or site services.

4. User Covenants.

4.1 You are fully responsible for your access and use of the Jupitice’s site or site services, your conduct and activities on the Jupitice’s site or site services and all your User-Generated Contents (as further defined below) whether publicly posted or privately transmitted by you (or on your behalf) on the Jupitice’s site or site services

You shall comply with all applicable laws, statutes, ordinances and regulations in your use of the Site & Site Services.

4.3 You understand that not solely Jupitice is responsible for any information submitted about a case (“Case Information”) through the use of any of the Site Services. Jupitice does not control the Case Information posted on the Site or transmitted through the use of any of the Site Services and, as such, does not guarantee the accuracy, reliability or quality of such Case Information. Jupitice has no obligation to pre-screen Case Information that is displayed on the Site or transmitted through the use of any of the Online Services. In general, Jupitice will not be liable in any way for any Case Information, unless otherwise indicated in these or any other Jupitice Terms of Service, including, but not restricted to, any kind of errors or omissions in any Case Information, or any loss or damage of any kind acquired as a result of use or loss of use of any Case Information posted, emailed, transmitted or otherwise made available on the Site or through the Online Services. You agree that Jupitice may, in its sole discretion, refuse to post, store or transmit any Case Information submitted by you and may move, remove, edit or modify any such kind of Case Information for any particular reason at any time. Additional Terms of Service are applicable to use of Jupitice Access as indicated therein.

4.4 As a condition of your access and use of the Jupitice’s site or site services agree that you will not access and use the Jupitice’s site or site services for any purpose which is illegal or forbidden under any applicable laws or these T&C. Without limiting the generalization of the foregoing, you agree not to:

4.4.1 access or use the Jupitice’s site or site services (or any parts thereof) for any unauthorized purposes; or trespass, hack, break into, access, use, or attempt to trespass, hack, break into, access or use any restricted parts of the Jupitice’s site or site services, and/or the computer systems, servers, networks and/or any data areas hosting or operating the Jupitice’s site or site services for which you have not been authorized by us;

4.4.2 upload, submit, post, disseminate, reproduce, share, transfer, publish, distribute or otherwise transmit in any way, medium, form or manner whatsoever, any unlawful, fraudulent, misleading, libelous, defamatory, indecent, obscene, pornographic, profane, intimidating, offensive, vicious, prejudicial, abusive, infringing or otherwise objectionable or unreasonable User-Generated Contents of any type, nature, including without limitation any transmissions constituting, or encouraging conduct that may constitute or give rise to, any criminal and/or civil liability, or otherwise may go in contravention with any applicable laws, or infringe our rights and/or any rights of our authorizers and/or any other third party (including but not restricted to any intellectual property rights, proprietary rights, or confidentiality obligations);

4.4.3 post, disseminate, publish, distribute or transmit any information or contents that may relate to or otherwise contain any advertisement, solicitation, chain letter, pyramid ODR Mechanism, investment ODR Mechanism or opportunity, or other uninvited electronic commercial communications, or otherwise get involved in spamming or flooding;

4.4.4 post, publish, transmit, reproduce, copy, extract, use, distribute, exploit, translate, or otherwise deal in or with any Content (or any parts thereof) obtained through the Jupitice’s site or site services in any way for any unauthorized purposes;

4.4.5 upload, download, post, publish, transmit, reproduce, copy, extract, adapt, modify, exploit, translate, distribute or otherwise deal in or with in any way, any works or component of the Jupitice’s site or site services itself or any Content (or any parts thereof) obtained or otherwise available through the Jupitice’s site or site services which is protected by any intellectual property rights or any other proprietary right, or create a new or derivative works there from, not having the prior written authorization from us and/or the relevant third party rights owners of those works;

4.4.6 transmit, post, disseminate or upload any User-Generated Contents the Jupitice’s site or site services that contain viruses, Trojan horses, worms, time bombs, cancel bots, malware, spyware, or any other malicious, harmful or deleterious elements or programs designed or worked to interrupt, disrupt, destroy or limit the operation and/or functionality of the Jupitice’s site or site services (or any parts thereof), or any computer programs, applications, software, hardware, telecommunication equipment and/or any computing devices, systems, networks, servers or infrastructure through the Jupitice’s site or site services ;

4.4.7 post, publish, transmit, distribute, post or upload to the Jupitice’s site or site services any documents, materials or works in any of your User- Generated Contents that may be protected by intellectual property related laws, rights to privacy, rights to publicity, other proprietary related rights and/or any other type of rights protected under any applicable laws, unless you are the particular owner or have control of the rights thereto, or have otherwise received all relevant consent, authorization, approval or license for your dealings with those documents, materials or works;

4.4.8 interfere with or disrupt networks connected to the Jupitice’s site or site services or violate the regulations, policies or procedures of such networks;

4.4.9 attempt to gain unauthorized access to the Jupitice’s site or site services, computer systems or networks connected to the Jupitice’s site or site services, through password mining or any other means;

4.4.10 disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other Users of the Jupitice’s site or site services are able to type or interact, or otherwise act in a manner that negatively affects other Users’ ability to access and/or use the Jupitice’s site or site services or the normal operation of the Jupitice’s site or site services;

4.4.11 “stalk” or otherwise harass any other person (including but not limited to any other Users), whether online or offline; or

4.4.12 collect, provide, use, upload, transmit or store on the Jupitice’s site or site services any personal data of any other person (including but not limited to any other Users) without obtaining their prior permission or consent, unless and until your dealings of such data are excused under any applicable laws (if any).

4.5 We reserve the rights from time to time, without notice, to monitor, observe and record your access to and use of the Jupitice’s site or site services to investigate and determine if you are obeying these T&C and/or for the purposes of the protection and/or enforcement of our relevant rights and interests in the event where it may be contrary to any Users of T&C and any solicitation laws, as the case may be.

5. User Generated Contents

5.1 For the purpose of these T&C, “User-Generated Contents” means any and all information, documents, data, files, messages, posts, texts, photographs, videos and/or any other works or materials (in any format, mode, media or medium) that Users may provide, make available, upload, transmit, send, post, publish, disseminate, submit to, or share with Jupitice on or through the Jupitice’s site or otherwise in relation to Jupitice’s provision of the Site Services.

5.2 We do not monitor, preview, edit, screen or vet any User-Generated Contents that may be submitted, provided, posted, published, disseminated, uploaded, shared, transmitted or otherwise sent by (or derogating it to) any Login Users to, on or through the Jupitice’s site or site services. Users shall remain fully liable and responsible for their acts, omissions, conduct, interactions, activities, access and use of the Jupitice’s site or site services, including but not limited to any and all of their Login User-Generated Contents and the reliability, lawfulness, integrity and/or quality of such contents. We are not responsible for, and shall not empower, warrant or otherwise guarantee any information contained in any such User-Generated Contents and the precision, legality, integrity and the quality of any such User-Generated Contents.

5.3 Should any rights owners intend to file any complaints concerning any illegal, infringing or inappropriate User-Generated Contents displayed on the Jupitice’s site or site services, please contact us by post (marked “Attention i.e. in a way of warning: The Jupitice’s site or site services– Complaint on User-Generated Contents”), with the relevant documentations for rights asserted and credentials of the complaint by email to complaint@Jupitice.com.

5.4 We reserve the right to remove, without warning or prior notice, any User- Generated Contents from the Jupitice’s site or site services in our sole and absolute discretion.

Under no circumstances will we be liable or responsible in any way whatsoever for any User-Generated Contents, including but not limited to any errors or omissions in any User-Generated Contents, or for any kind of loss, damage, cost or expense of any kind that might be suffered or incurred by any Login Users as a result of their communications with, reliance or use of any User-Generated Contents on, through or from the Jupitice’s site or site services.

6. Third Party Links

6.1 The Jupitice’s site or site services include links to other sites, pages or contents from the third parties on the Internet (“Linked Sites”), which are as long as operated and managed by their corresponding third party service operators/providers, and are not maintained or controlled by Jupitice. Jupitice is not responsible or liable for the information, links and contents of any Linked Site, or any information, products or Site Services that those third party service operators may offer on or through any Linked Sites. That the linked sites are provided by us to the users for their general information, reference and sake of convenience only. The provisions of any information or listing of Linked Sites the Jupitice’s site or site services do not in any way constitute our association, affiliation, advice, recommendation, suggestion and/or approval of any Linked Sites and/or their operator/service providers, and we do not endorse any Linked Sites or its/their information, contents or any products or Site Services offered on or through any Linked Sites.

6.2 When you activate any such links to the Linked Sites, you leave the Jupitice’s site or site services and access any such Linked Sites at your own risk. You are responsible for your own activities on any Linked Sites, and for relying or using any kind of information provided on any Linked Sites, and for using or purchasing any contents, products or Site Services that may be offered on or via any Linked Sites. Any transactions or disputes in reference to any Linked Sites shall be dealt between Login User and the relevant third party service operators or providers of those Linked Sites, and shall be completely on your own risks and decision.

6.3 You accept that Jupitice shall not be responsible or liable, in any means, for any mutilation or loss caused or alleged to be caused by or in connection with the access and/or use of any Linked Sites, the use of or reliance on any such content, information, materials, goods or Site Services available on or by any Linked Sites, and/or any transactions and/or disputes with those third party service operators/providers in relation to any Linked Sites.

7. Users Feedback Content

7.1 You own your content, but you allow us certain rights to it, so that we can display and share the content you post. We have the right to remove the content if there is need to.

7.2 You hereby acknowledge and agree that you may create content, written or otherwise, while using the Service (“User-Generated Content”) and/ or request Jupitice to publish on their behalf information on the Site about the User, such as feedback, composite response, physical location, or verification of identity and qualifications, case information etc. However, such information is based solely on unverified data that ADR Practitioners and Clients voluntarily submit to Jupitice and does not constitute and will not be construed as an introduction, endorsement, or recommendation by Jupitice; Jupitice provides such information solely for the convenience of Users.

7.3 You acknowledge and agree that User feedback benefits the marketplace, all Users, and the efficiency of the Site and you specifically request the Jupitice to post composite or compiled feedback about Users, including yourself, on the Site. You acknowledge and agree that feedback results for you, including your Case Success Score, wherever referenced, and other User Content highlighted by Jupitice on the Site or otherwise (“Composite Information”), if any, may include User’s observations, rankings, signs of User satisfaction, and other feedback left completely by other Users. You further acknowledge and agree that Jupitice will make Composite Information available to other Users, including composite or compiled feedback. Jupitice provides its feedback system as a means through which Users can share their opinions of other Users publicly, and Jupitice does not monitor, influence, contribute to or censor these opinions. You acknowledge and agree that composite which is posted or compiled for the feedback and any other Composite Information relates only to the business advertised in the Profile and not to any individual person. You agree not to use the Combined Information for making any employment, credit, credit valuation, underwriting, or other similar decision about any other User.

7.4 Jupitice does not generally investigate any remarks posted by Users or other User Content for accuracy or reliability and does not guarantee that User Content is accurate. You are responsible for your User Content, including the exactitude of any User Content, and are solely responsible for any legal action that may be instituted by other Users or third parties as a result of or in connection with your User Content. Jupitice is not legally responsible for any feedback or comments posted or made available on the Site by any Users or third parties, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the feedback system and protect Users from abuse, Jupitice reserves the right (but is under no obligation) to modify or remove posted feedback or information that, in Jupitice’s sole judgment, violates the site or site services, diminishes the integrity of the feedback system or otherwise is inconsistent with the business interests of Jupitice. You acknowledge and agree that you will notify Jupitice of any error or inaccurate statement in your feedback results, including the Composite Information, and that if you do not do so, Jupitice may rely on the accuracy of such information.

7.5 Except for Content that originates from Jupitice, we do not claim ownership of any Content that is transmitted, stored, or processed in your account. You preserve all ownership of, control of, and responsibility for User-Generated Content you post. You may control admittance to your User-Generated Content via settings in your user account.

7.6 You Grant License to Jupitice so as to Solely to allow Jupitice to use Content you upload to the Service reasonably without violating any rights you have in it, you grant us the following rights: by posting any Content via the Website, you expressly grant Jupitice and our successors a worldwide, sublicense able, fully- paid and royalty-free, and non-exclusive license to use, reproduce, display, modify, adapt, distribute, and perform the Content in connection with Jupitice’s business purpose. This license does not grant Jupitice the right to sell User- Generated Content or otherwise distribute it outside of our Website. This license will dismiss at the time when the Content is removed from the Website.

7.7 The role of Jupitice in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Jupitice disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act.

7.8 All Critical Content is created by the Users of the (“Website”) and the clients of Jupitice and ADR Practitioners, including the End-Users. As a platform, Jupitice does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000.

8. Contractual Relationship Between Client & ADR Practitioner
8.1 Service Contracts

If a client & ADR Practitioner decide to enter into a Service Contract, the Service Contract is a contractual relationship directly between the Client and ADR Practitioner. Client and ADR Practitioner have complete discretion with regard to (1) whether to enter into a Service Contract with each other and/or (2) the terms of any Service Contract. You acknowledge, agree, and understand that Jupitice is not a party to any Service Contract, that the formation of a Service Contract between Users will not, under any circumstance, create an employment or other service relationship or a partnership or joint venture between Jupitice and User.

With respect to any Service Contract, Clients and ADR Practitioners may enter into any written agreements that they deem appropriate (e.g., confidentiality agreements, invention assignment agreements, assignment of rights, etc.) provided that any such agreements do not conflict with, narrow, or expand Jupitice’s rights and obligations under the Terms of Service, including this Agreement and the applicable Escrow Instructions. Only to the extent that they have not entered into another agreement or terms w.r.t. a Service Contract, the parties to the Service Contract agrees that the Service Contract Terms contained in the “Alternate Service Contract” prepared by Jupitice apply to their Services. The Service Contract prepared by Jupitice is a sample only and may not appropriate for all Jurisdictions or all contracts. Users are responsible for complying with any local requirements, including applicable laws, rules and regulations. Jupitice does not assume any responsibility for any consequence of using the Alternate Service Contract Terms. The Alternate Service Contract Terms are not intended to and do not (a) constitute legal advice, (b) create an attorney-client relationship, or (c) constitute advertising or a solicitation of any type. Each situation is highly fact-specific and requirements vary by situation and jurisdiction and therefore any party should seek legal advice from a licensed attorney in the relevant jurisdictions. Jupitice expressly disclaims any and all liability with respect to actions or omissions based on the Alternate Service Contract Terms.

8.2 Disputes Among Users

For disputes arising between Clients and ADR Practitioners, you agree to abide by the dispute process that is explained in the Escrow Instructions that apply to your particular Service Contract. If the dispute process does not resolve your dispute, you may pursue your dispute independently, but you acknowledge and agree that Jupitice will not and is not obligated to provide any dispute assistance beyond what is provided in the Escrow Instructions.

If ADR Practitioner or Client intends to obtain an order from any arbitrator or any court that might direct Jupitice to take or refrain from taking any action with respect to an Escrow Account, that party will (a) give us at least five business days’ prior notice of the hearing; (b) include in any such order a provision that, as a precondition to obligation affecting Jupitice or Jupitice Escrow, we be paid in full for any amounts to which we would otherwise be entitled; and (c) include in any such order a provision that, as a precondition to any obligation affecting Jupitice or Jupitice Escrow, Jupitice be paid for the reasonable value of the services to be rendered pursuant to such order.

8.3 Confidential Information

Users may agree to any terms they deem appropriate with respect to confidentiality, including those. If and to the extent that the Users do not articulate any different agreement with regard to confidentiality, then they agree that this Section 8.3 (Confidential Information) applies.

To the extent a User provides Confidential Information to another User, the recipient will protect the secrecy of the discloser’s Confidential Information with the same degree of care as it uses to protect its own Confidential Information, but in no event with less than due care. On a User’s written request, the party that received Confidential Information will promptly destroy or return the disclosing party’s Confidential Information and any copies thereof contained in or on its premises, systems, or any other equipment otherwise under its control.

9. Jupitice Fees
9.1 Fees for ADR Practitioners

9.1.1 Service Fees: As set-forth in the Fee Agreement, ADR Practitioners will pay Jupitice a service fee for the use of the Site Services, including the use of Marketplace, invoicing,, collaboration & communication tools, creation & maintenance of webpage/ Online ADR Office, building Service Contracts, Escrow Service dispute resolution, Seller protection, Jupitice Guarantee etc. (the “Service Fees”). The Service Fees (to use the Site Services) are paid solely by ADR Practitioner. When a Client pays a ADR Practitioner for a Case or when funds related to a Case are otherwise released to a ADR Practitioner as required by the applicable Escrow Instructions (See Section 10), Jupitice Escrow will credit the ADR Practitioner Account for the full amount paid or released by the Client, and then substract and disburse to Jupitice the Service Fee. ADR Practitioner hereby irrevocably authorizes and instructs Jupitice to deduct the Service Fee from the ADR Practitioner Account and pay Jupitice on ADR Practitioner’s behalf. In the event the ADR Practitioner chooses funds in a currency other than U.S. dollars, there may also be a foreign currency conversion charge enacted by Jupitice or an affiliate and the rate may differ from the rates that are in effect on the date of the payment and you may be able to attain a better rate from your bank or financial institution.

9.1.2 Disbursement Fees: ADR Practitioners will pay Jupitice a disbursement fee for remitting payments to their preferred payment method (“Disbursement Fee”). The Disbursement Fee is paid to Jupitice in consideration of costs incurred and administration of disbursements via the disbursement method requested by ADR Practitioner and varies by disbursement method. The Disbursement Fee for each disbursement method is mentioned under Fees and Schedules on the Site as updated from time to time.

In addition to fees charged by Jupitice, your disbursement method may also charge activation, maintenance, or other account fees.

9.2 Fees for Clients

9.2.1 Clients do not pay fees if they use the Site solely for finding & hiring ADR Practitioners by themselves except a fee for payment processing and administration related to the ADR Practitioner Fees they pay to ADR Practitioners through the Site and they engage them through the Site, as described in the Fee.

9.2.2 Client shall pay fee “as stated in the Service Order” in respect of the Site Services provided by Jupitice to the clients subject to Clause 9.2.1.

9.3 Vat & Other Taxes

Jupitice may be required by applicable law to collect taxes or levies including, without limitation, withholding income tax or VAT (while some countries may refer to VAT using other terms, e.g. GST, we will just refer to VAT, GST and any local sales taxes collectively as “VAT”) in the jurisdiction of the ADR Practitioner (the "Taxes"). In such instances, any amounts Jupitice is required to collect or withhold for the payment of any such Taxes shall be collected in addition to the fees owed to Jupitice under the Terms of Service.

9.4 No Fee for Introducing or for Finding Cases

Jupitice does not introduce Clients to ADR Practitioners and does not help ADR Practitioners Secure Cases. Jupitice merely makes the Site and Site Services available to enable ADR Practitioners to do so they may from time to time highlight Projects that may be of interest. Therefore, Jupitice does not charge a fee when an ADR Practitioner finds a suitable Client or finds a Case. In addition, Jupitice does not charge any fee or dues for posting public feedback and composite or compiled feedback, including Composite Information.

10. Payment Terms &Escrow Services.
10.1 Escrow Services

Jupitice provides escrow services to Users to deliver, hold, and/or receive payment for a Case, and to pay fees to Jupitice (“Escrow Services”). Jupitice provide Escrow Services either by opening a separate dedicated account or by using the Third Party Escrow Services. Jupitice do not charge any fee for providing Escrow Services. If ADR Practitioners & Clients have chosen to avail the Escrow Services through the Third Party empanelled with Jupitice then both the Parties will pay the fee, cost & expenses as charged by the Third Party directly.

10.2 Client shall deposit the fee in advance in the Escrow Account as per the Term Sheet agreed between Client & ADR Practitioners for further disbursement to the ADR Practitioners subject to Escrow Instructions.

10.3 Escrow Instructions

Jupitice Escrow will use and release funds deposited in an Escrow Account only in accordance with this Agreement and the applicable Escrow Instructions. You acknowledge and agree that Jupitice acts merely as an Internet escrow agent. Jupitice has fully delivered the Escrow Services to you if Jupitice provides the Escrow Services described in this Agreement and the applicable Escrow Instructions. Jupitice is only obligated to perform those duties expressly described in this Agreement and any applicable Escrow Instructions.

Fixed-Price or Tiered Pricing Cases: If Users choose fixed-price or Tiered Pricing compensation, then the Users agree that they will be bound by, and Jupitice will follow, the Fixed-Price or Tiered Pricing Escrow Instructions.

Hourly Cases: If Users choose hourly compensation, and/or if the Client makes bonus or expense payments, then the Users agree that they will be bound by, and Jupitice will follow, the Hourly, Bonus and Expense Payment Agreement with Escrow Instructions.

10.4 Escrow Accounts

Jupitice Escrow Accounts will use & release funds deposited in an Escrow Account in accordance with this Agreement and the applicable Escrow Instructions. Jupitice will establish & maintain a dedicated account for escrow purposes.

The above Escrow bank account shall be separate from Jupitice Operating Accounts, to receive, hold, and release payments subject of Service Contract in accordance with escrow instruction.

Under no circumstances, any fund deposited in the Escrow Account will be transferred to the operating accounts of Jupitice except those authorized and instructed by the Client.

You hereby authorize and instruct Jupitice to act as escrow agent in connection with the Escrow Accounts and the payment, holding & receipt of funds for each Case and other specified purposes in accordance with the terms of Service and applicable Escrow Instructions.

10.5 Jupitice Appointment as Escrow Agent of ADR Practitioners

ADR Practitioners hereby appoint Jupitice as their Escrow Agent to obtain funds on their behalf and credit them to their ADR Practitioner’s Escrow Account. ADR Practitioners must, and hereby does, fully discharge and credit ADR Practitioner’s Client for all payments and releases that Jupitice receives on ADR Practitioner’s behalf from or on behalf of such Client.

10.6 Title to Funds

Jupitice is not bank. Jupitice deposits and maintains all Escrow Account funds in a separate bank account which is separate from the operating accounts of Jupitice.

Jupitice holds only legal title to, and not any equitable interest in, the escrow bank accounts and any funds deposited therein. This Agreement is supplementary to the Service Contract and to any other agreement between Client and ADR Practitioners concerning the Case.

10.7 No Interest

You agree that you will not receive interest or other earnings on the funds held in your Escrow Bank Accounts.

10.8 Escrow Agent Duties

We undertake to perform only such duties as are specifically set out in this Agreement, the appropriate Escrow Instructions, and the other Terms of Service, and no other duties will be implied. We have no liability under, and no duty to inquire as to, the provisions of any agreement, other than the Terms of Service, including this Agreement and the applicable Escrow Instructions. We will be under no duty to inquire about or investigate any agreement or communication between Client and ADR Practitioner, even if posted to the Site. We have the right to depend upon, and will not be liable for performing or refraining from acting upon, any written notice, instruction, or request made to us by Client or ADR Practitioner in accordance with this Agreement or the applicable Escrow Instructions, if we practically believe that such notice, instruction, or request is genuine and that it is signed or presented by the proper party or parties. We have no duty to question about or inspect the validity, accuracy, or content of any such notice, instruction, or request. We have no burden to solicit any payments or releases that may be due to or from any Escrow Account. We may execute any of our powers and accomplish any of our duties under this Agreement and the applicable Escrow Instructions directly or through agents or attorneys (and will be responsible only for the careful selection of any such agent or attorney) and may consult with counsel, accountants, and other skilled persons to be selected and retained by us. To the extent permitted by applicable law, we will not be answerable for anything done, suffered, or omitted in good faith by us in accordance with the guidance or opinion of counsel, accountants, or other skilled persons. If we are ambiguous as to our duties or rights hereunder or receive directions, rights, or demands from any party hereto that, in our opinion, conflict with any of the provisions of this Agreement or the applicable Escrow Instructions, we will be entitled to refrain from taking any action, and our only responsibility will be to keep safely all property held in the Escrow Account until we are directed otherwise in writing by Client and ADR Practitioner or by a final order or judgment of an arbitrator or court of competent jurisdiction.

10.9 Escrow Agent Right

We have the right, in our own preference, but not the requirement, to institute arbitration or, if no arbitration provision applies, other legal proceedings, including depositing funds held in the Escrow Account with a court of competent jurisdiction, and to resolve any dispute between Client and ADR Practitioner related to the Escrow Account. Any provision of this Agreement and the applicable Escrow Instructions to the conflicting notwithstanding and irrespective whether we are recognized as a party in interest in any dispute, arbitration, or other legal proceeding, nothing herein will be interpreted to limit our legal and equitable rights, including, but not restricted to, depositing funds held in the Escrow Account with a court of competent jurisdiction.

10.10 Client Payments On Service Contracts
10.10.1 Hourly Contracts

ADR Practitioner will invoice Client for ADR Practitioner’s Fees on agreed terms through Jupitice, and Client will pay invoices consistent with the Hourly Escrow Instructions. When Client approves an Hourly Invoice for an Hourly Contract, Client automatically and irrevocably authorizes and instructs Jupitice to charge Client’s Payment Method for the ADR Practitioner Fees.

10.10.2 Fixed Price or Tiered Pricing Contracts

Client becomes obliged to pay valid amount into the Escrow Account immediately upon sending a Fixed-Price or Tiered Pricing Contract offer (for the full amount or for the first milestone, if milestones are used) or upon activating any additional milestone. When Client authorizes the payment of the ADR Practitioner Fees for a Fixed-Price or Tiered Pricing Contract on the Site, Client automatically and irrevocably authorizes and instructs Jupitice, to charge Client’s Payment Method for the ADR Practitioner Fees.

10.10.3 Client acknowledges and agrees that for Hourly Contracts, Fixed-Price Contracts & Tiered Pricing Contracts, failure by Client to decline or dispute an Invoice or demand for payment is an authorization and instruction to discharge the payment, as described more fully in the applicable Escrow Instructions.

10.11 Disbursements to ADR Practitioners on Service Contracts

Under the relevant Escrow Instructions, Jupitice disburses funds that are available in the ADR Practitioner Escrow Account and payable to an ADR Practitioner upon ADR Practitioner’s request. An ADR Practitioner can request disbursement of available funds any time on a one-time basis or by setting up an automatic disbursement schedule. If ADR Practitioner does not request a disbursement, Jupitice will automatically disburse available funds no more than 90 days after the ADR Practitioner Fees are released to the ADR Practitioner Escrow Account.

a. Hourly Contracts:

ADR Practitioner Fees become available to ADR Practitioners following the expiration of the dispute period and the five-day security

b. Fixed-Price or Tiered Pricing Contracts:

ADR Practitioner Fees become available to ADR Practitioners following the expiration of the dispute period and the five-day security period after the funds are released as provided in the applicable Escrow Instructions. The security period begins after Client accepts and approves work submitted by ADR Practitioner.

Notwithstanding any other provision of the Terms of Service or the Escrow Instructions, Jupitice, in its sole discretion and except as prohibited by applicable law, may refuse to process, may hold the disbursement of the ADR Practitioner Fees or any other amounts and offset amounts owed to us, or take such other actions with respect to the Escrow Account as we deem appropriate in our sole discretion if: (a) we require additional information, such as ADR Practitioner’s tax information, government-issued identification or other proof of identity, address, or date of birth; (b) we have reason to believe the ADR Practitioner Fees may be subject to dispute or chargeback; (c) we suspect a User has committed or attempted to commit fraud or other illicit acts through the Site; (d) we accept as true that there are reasonable grounds for insecurity with respect to the performance of obligations under this Agreement or other Terms of Service; or (e) we deem it necessary in connection with any investigation or required by applicable law. If, after investigation, we determine that the hold on the disbursement of the ADR Practitioner Fees is no longer necessary, Jupitice will release such hold as soon as practicable.

In addition, any other provision of the Terms of Service or the Escrow Instructions and to the extent allowed by applicable law, we reserve the right to pursue reimbursement from you, , if we: (i) suspect fraud or criminal activity associated with your payment, withdrawal, or Project; (ii) discover inaccurate or duplicate transactions; or (iii) have supplied our services in accordance with this Agreement yet we obtain any chargeback from the Payment Method used by you, or used by your Client if you are a ADR Practitioner, despite our provision of the Site Services in accordance with this Agreement. You agree that we have the right to acquire such reimbursement by instructing Jupitice to (and Jupitice will have the right to) charge the applicable Escrow Account, and any other accounts you hold with us, balancing any amounts determined to be owing, decreased amounts from future payments or withdrawals, charging your Payment Method, or obtaining reimbursement from you by any other lawful means. If we are incapable to obtain such reimbursement, we may, in addition to any other remedies available under applicable law, temporarily or permanently cancel your access to the Site and Site Services & and close your Account.

10.12 Non-Payment

If Client is in “default”, meaning the Client fails to pay the ADR Practitioner Fees or any other amounts when due under the Terms of Service, or a written agreement for payment terms incorporating the Terms of Service (signed by an authorized representative of Jupitice), Jupitice will be entitled to the remedies described in this Section 10.12 in addition to such other remedies available under applicable law or in such written agreement. For the avoidance of doubt, Client will be deemed to be in default on the earliest occurrence of any of the following: (a) Client fails to pay the ADR Practitioner Fees when due; (b) Client fails to pay a balance that is due or to bring, within a reasonable period of time but no more than 30 days after accrual of the charge, an account current after a credit or debit card is declined or expires; (c) Client fails to pay an invoice issued to the Client by Jupitice within the time period decided or, if no period is decided, within 30 days; (d) Client initiates a chargeback with a bank or other financial institution resulting in a charge made by Jupitice for ADR Practitioner Fees or such other amount due being reversed to the Client; or (e) Client takes other actions or fails to take any action that results in a undesirable or past-due balance on the Client’s account.

If Client is in default, we may, without notice, temporarily or permanently close Client’s Account and cancel Client’s right to use the Site and Site Services, including Client’s authority to use the Site to process any additional payments, enter into Service Contracts, or obtain any additional ADR Practitioner Services from other Users through the Site. However, Client will endure answerable for any amounts that accrue on any open Projects at the time a limitation is put on the Client’s Account as a result of the default. Without limiting other available remedies, Client must pay Jupitice upon demand for any amounts owed, plus interest on the outstanding amount at the lesser of one and one-half percent (1.5%) per month or the supreme interest permitted by applicable law, with attorneys’ fees and other costs of collection to the extent allowed by applicable law.

At our discretion and to the extent permitted by applicable law, Jupitice may, without notice, charge all or a portion of any amount that is owed on any Account to Jupitice or as ADR Practitioner Fees or otherwise to any Payment Method on file on the Client’s Account; set off amounts due against other amounts received from Client or held by for Client by Jupitice, make proper reports to credit reporting agencies or law enforcement authorities; and cooperate with credit reporting agencies and law enforcement authorities in any investigation or prosecution.

Jupitice does not guarantee that Client is able to pay or will pay ADR Practitioner Fees and Jupitice is not liable for ADR Practitioner Fees if Client is in default. ADR Practitioner may use the dispute process as described in the applicable Escrow Instructions in order to recover funds from Client in the event of a default or may pursue such other remedies against Client as ADR Practitioner chooses. If Jupitice recovers funds from a Client in default pursuant, Jupitice will disburse any portion attributable to ADR Practitioner Fees to the applicable ADR Practitioner to the extent not already paid by Client or credited by Jupitice through any Payment Protection program.

10.13 No Return of Funds &No Chargeback

Client acknowledges and agrees that Jupitice will charge or debit Client’s designated Payment Method for the ADR Practitioner Fees incurred as described in the applicable Escrow Instructions and the Fee Agreement and that once Jupitice charges or debits the Client’s designated Payment Method for the ADR Practitioner Fees, the charge or debit is non-refundable, except as otherwise required by applicable law. Client also recognizes and agrees that the Terms of Service provide a dispute resolution process as a way for Client resolve disputes. To the extent allowed by applicable law, Client decides not to ask its credit card company, bank, or other Payment Method provider to charge back any additional fees pursuant to the Terms of Service for any reason. A chargeback in breach of the former obligation is a material breach of the Terms of Service. If Client initiates a chargeback in violation of this Agreement, Client agrees that Jupitice may dispute or appeal the chargeback and institute collection action against Client and take such other action it deems appropriate.

10.14 Payment Methods

In order to practice certain Site Services, Client must make available account information for at least one valid Payment Method.

Client hereby authorizes Jupitice to run credit card authorizations on all credit cards provided by Client, to store credit card and banking or other financial details as Client’s method of payment consistent with our Privacy Policy, and to charge Client’s credit card (or any other Payment Method) for the ADR Practitioner Fees and any other amounts owed under the Terms of Service. To the level permitted by applicable law and subject to our Privacy Policy, you acknowledge and agree that we may use certain third-party vendors and service providers to process payments and manage your Payment Method information.

By the Payment Method information through the Site and authorizing payments with the Payment Method, Client represents, warrants, and covenants that: (a) Client is legally authorized to provide such information; (b) Client is legally authorized to make payments using the Payment Method(s); (c) if Client is an employee or agent of an individual, company, organization, corporation, firm or other entity or person that owns the Payment Method, that Client is authorized by the company or person to use the Payment Method to make payments on Jupitice; and (d) such actions do not violate the terms and conditions applicable to Client’s usage of such Payment Method(s) or applicable law.

When Client permits a payment using a Payment Method via the Site, Client represents and warrants that there are sufficient funds or credit available to complete the payment using the designated Payment Method. To the extent that any amounts allocated under this Agreement or the other Terms of Service can’t be collected from Client’s Payment Method(s), Client is solely responsible for paying such amounts by other means.

Jupitice is not liable to any User if it does not complete a transaction as a result of any limit by applicable law or your financial institution, or if a financial institution unable to honor any credit or debit to or from an account associated with such Payment Method. Jupitice will make commercially reasonable efforts to work with any such affected Users to resolve such transactions in a manner consistent with this Agreement and any applicable Escrow Instructions.

10.15 INR or U.S. Dollars and Foreign Currency Conversion

The Site and the Site Services operate in Indian Rupees or U.S. Dollars. If a User's Payment Method is denominated in a currency other than Indian Rupees or U.S. Dollars, the Site may display foreign currency conversion rate that Jupitice currently make available to convert supported currencies to US Dollar. These foreign currency conversion rates modify regularly on the basis of market conditions. The wholesale currency conversion rates at which we hold foreign currency will usually be different than the foreign currency conversion rates offered on the Site. Each User, at its own discretion and threat, may empower the charge, debit, or credit of its Payment Method in a supported foreign currency and the conversion of the payment to U.S. Dollars at the foreign currency conversion rate shown on the Site. A list of assisted foreign currencies is available on the Site. If foreign currency conversion is essential to make a payment in U.S. Dollars and Jupitice, as applicable, does not support the foreign currency or the User does not authorize the conversion of such payment at the foreign currency conversion rate presented on the Site, Jupitice will charge, arrears, or acclaim the User's Payment Method in U.S. Dollars and the User's Payment Method worker will exchange the payment at a foreign currency conversion rate selected by the User's Payment Method provider. The User's Payment Method supplier may direct to make payment even when no currency conversion is involved. The User's authority of a payment using a foreign currency conversion rate displayed on the Site is at the User's sole risk. Jupitice, are not liable for currency variations that occur when billing or crediting a Payment Method denominated in a currency other than U.S. Dollars. Jupitice, are not responsible for currency fluctuations that occur when receiving or sending payments to and from the Escrow Account.

11. Non-Circumvention

Section 11 discusses your agreement to make and receive payments only through Jupitice for two years from the date you first identify or meet your Client or ADR Practitioner on the Site, unless you pay a Conversion Fee; violating this Section 11 is a serious breach and your Account may be permanently suspended for violations, as detailed below.

11.1 Making Payments Through Jupitice

You acknowledge and agree that a substantial portion of the compensation Jupitice receives for making the Site available to you is collected through the Service Fee described in Section 9.1.1 and that in exchange a substantial value to you is the relationships you make with other Users when you identify or are identified by another person through the Site or Site Services (the “Jupitice “Jupitice Relationship”). Jupitice only receives the Service Fee when a Client and an ADR Practitioner pay and receive payment through the Site. Therefore, except as set out in Section11.2, for 24 months from the start of an Jupitice Relationship (the “Non-Circumvention Period”), you agree to use the Site as your exclusive method to request, make, and receive all payments for work directly or indirectly with that person or arising out of your relationship with that person andnottocircumventthePaymentMethodsofferedontheSiteunlessyoupayafeetot aketherelationshipoffoftheSite (the “Conversion Fee”). For the avoidance of doubt, if you, or the business you represent, did not identify and were not identified by another person through the Site, such as if you and another User worked together before meeting on the Site, then the Non-Circumvention Period does not apply. If you use the Site as an employee, agent, or representative of another business, then the Non-Circumvention Period applies to you and other employees, agents, or representatives of the business or its successor when acting in that capacity with respect to the other User.

By way of illustration and not in limitation of the foregoing, you agree not to:

  • Offer or solicitor accept any offer or solicitation from parties identified through the Site to contract, hire, invoice, pay, or receive payment in any manner other than through the Site.
  • Invoice or report on the Site or in a Conversion Fee request an invoice or payment amount lower than that actually agreed, made, or received between Users.
  • Refer a User you identified on the Site to a third-party who is not a User of the Site for purposes of making or receiving payments other than through the Site.

You agree to notify Jupitice immediately if a person suggests to you making or receiving payments other than through the Site in violation of this Section 11.2or if you receive unsolicited contact outside of the Site. If you are aware of a breach or potential breach of this non-circumvention agreement, please submit a confidential report to Jupitice here.

You acknowledge and agree that a violation of any provision in this Section 11.1 is a material breach of the Terms of Service. Your Account may be permanently suspended and charged the Conversion Fee (defined above) if you violate this Section 11.1. If you refuse to accept any new version of the Terms of Service or elect not to comply with certain conditions of using the Site, such as minimum rates supported on the Site, and therefore choose to cease using the Site, you may pay the Conversion Fee for each other User you wish to continue working with on whatever terms you agree after you cease using the Site.

11.2 Opting Out

You may opt out of the obligations in Section 11.2with respect to each Jupitice Relationship only if the Client or ADR Practitioner pays Jupitice a Conversion Fee. You agree that the Conversion Fee is 12.50% of the estimated earnings over a twelve (12) month period subject to minimum of 7,500. Upon payment of the aforementioned fees described in this Section, Jupitice shall provide written consent for the Consultant User to provide legal Site Services to Legal Client off of the Jupitice Platform or site.

You understand and agree that if Jupitice determines, in its sole discretion, that you have violated 12 ,Jupitice may, to the maximum extent permitted by law (i) charge your Payment Method the Conversion Fee (including interest) if acceptable by law or send you an invoice for the Conversion Fee (including interest), which you agree to pay within 30 days, (ii) close your Account and repeal your authority to use the Site and Site Services, and/or (iii) charge you for all losses and costs (including any and all time of Jupitice’s employees) and reasonable expenses (including attorneys’ fees) related to investigating such breach and collecting such fees.

12. Records of Compliance

Users will each (a) create and keep records to document satisfaction of their respective obligations under this Agreement, including, without limitation, their respective payment obligations and compliance with tax and employment laws, and (b) provide copies of such records to Jupitice upon request. Nothing in this subsection requires or will be construed as requiring Jupitice to supervise or monitor a User’s compliance with this Agreement, the other Terms of Service, or a Service Contract. You are exclusively responsible for formation, storage, and backup of your business records. This Agreement and any registration for or subsequent use of the Site will not be construed as creating any responsibility on Jupitice’s part to store, backup, retain, or grant access to information or data of any period.

13. Modifications to Site Services

13.1 Jupitice reserves the right at any time and from time to time, for any reason in our sole and absolute discretion, to update, improve, modify, suspend or discontinue, whether temporarily or permanently, the Jupitice’s site or site services (or any part thereof) with or without notice. For evasion of doubt, to whole of the extent allowed under applicable laws, no warranty, guarantee or representation (whether it is expressed, implied or otherwise) is provided as to the availability, service levels or up-time of the Jupitice’s site or site services. You agree that Jupitice shall not be liable to you or to any third party for any such modification, unavailability, downtime, suspension or discontinuance of the Service and/or the Jupitice’s site or site services (or any parts thereof).

13.2 We may, in our sole and absolute discretion, from time to time update any Contents (including but not limited to any information on the Site or Site Services and/or any links to any Linked Sites, as further defined below) that we may make available for your general information and reference. We may, in our sole and absolute discretion, provide Jupitice Site or Site Services to the Users or any other means/channels as we may consider appropriate. We are under no obligation to provide or arrange for any of the Site Services requested or applied by you, and we may revise, suspend, terminate, extend or reduce the availability, types or scope of the Site Services and/or the relevant features or functions of the Jupitice’s site or site services as we consider appropriate from time to time. To the fullest extent as permitted under applicable laws, we are not liable for any delay or failure in providing or arranging for the Jupitice’s site or site services.

13.3 Jupitice may, in its sole discretion amend this Agreement and any of the other Agreements that comprise the Terms of Service at any time by posting a revised version on the Site. Jupitice will provide reasonable advance notice of any amendment that includes substantial changes (defined below), by posting the updated terms of service on the Site, providing notice on the Site and/ or sending you notice by email. If substantial change includes any increase to fee charged by Jupitice, Jupitice will provide at least 30 days advance notice of the change but may not provide any advance notice for changes resulting in a reduction in fee. Any revision to the Terms of Service will take effect on the noted effective date (“Effective Date”)

14. Disclaimer

14.1 Site & Site & Site Services, together with any new functions or features that augment or enhance the currently offered service, shall, unless explicitly mentioned otherwise, be subject to the T&C and the other similar and related policies and documents forming a part of the agreement between Jupitice and Login Users as stated above. You acknowledge and agree that the Jupitice’s site or site services are provided on an "AS-IS" and “AS AVAILABLE” basis. To the whole extent allowed under applicable laws, we disclaim and make no representations, guarantees or warranties of any kind (and it can be either express, implied, statutory or otherwise) for or in relation to the operation, functionalities, features, , any information, Contents, and/or the accuracy, adequacy, timeliness, availability, usefulness and/or completeness, access and use of the Jupitice’s site or site services , Any information provided on the Jupitice’s site or site services is for reference only. Without any kind of preconception to the generality of the foregoing, to the whole of its extent allowed under applicable laws, we disclaim any and all guarantees, any kind of representations or warranties (whether express, implied, statutory or otherwise), nature or character, including which is not limited to any representations, guarantees or warranties as to:

14.1.1 the availability and compatibility of the Jupitice’s site or site services with the device and equipment (hardware or software) that you may use to access or use the Jupitice’s site or site services or that access and/or use of it will be uninterrupted or secure, or defect/error-free, or that defects and/or faults will be corrected;

14.1.2 the accuracy, adequacy or completeness of any information or Content the Jupitice’s site or site services;

14.1.3 the merchantability, standard of quality or fitness for any particular purpose of any Contents and/or Site Services available or provided on or through the Jupitice’s site or site services;

14.1.4 non-infringement of any third party rights (including but not limited to intellectual property rights) by the Jupitice’s site or site services; or

14.1.5 The Jupitice’s site or site services , and/or the relevant systems, networks and servers that host and make the Jupitice’s site or site services available, are free of viruses, malware and/or any other harmful, hostile, tarnishing, insecure or disastrous properties, or that there is no loss or damage (including but not restricted to any kind of data loss or data corruption) will occur to your computer or mobile device (including but not limited to electronic devices, mobile phones, smart-phones, tablet computers, laptops and computers).

14.2 To the fullest extent permissible under applicable laws, no warranty, guarantee and/or representation (whether expressed, implied or otherwise) is provided as to the availability, the service levels or up-time of the Jupitice’s site or site services, and that Jupitice assumes no responsibility for the timeliness, deletion, wrong delivery or failure of the provision of any functions of the Jupitice’s site or site services and/or the delivery of the Site Services. You acknowledge that the technical processing and transmission of the Site Services might involve (a) transmissions over other different networks; and (b) changes to obey and adapt to technical requirements of connecting systems, networks or devices. Jupitice shall, accordingly, in no circumstances, be liable for any failure of any functions the Jupitice’s site or site services or the delivery of the Site Services (whether in whole or in part) or for your inability to gain access (whether in whole or in part) to any or all such functions or Site Services due to the delay or failure of any type interacting networks or any of the party providing any such access.

14.3 You further acknowledge and agree that, given the nature of the Internet, we cannot guarantee that any transmission of personal data or other identifiable information, other information, documents, or other communications on or through the Jupitice’s site or site services and/or otherwise under, relating to, or in connection with the Site Services is completely secure.

15. Limitation of Liability

Jupitice is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the Terms of Service, including, but not limited to:

a. your use of or your inability to use our Jupitice site services;delays or disruptions in our Jupitice site services;viruses or other malicious software obtained by editing or connecting to our Jupitice site services; glitches, bugs, errors, or inaccuracies of any kind in our Jupitice site services;damage to your hardware device from the use of the Jupitice site services;the content or actions or inactions of third parties’ use of the Jupitice site services;a suspension or other action taken with respect to your Account;

b. your reliance on the quality, accuracy, or reliability of job postings, Profiles, ratings, recommendations, and feedback (including their content, order, and display), Composite Information, or metrics found on, used on, or made available through the Site; and

c. your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to the Terms of Service.

Additionally, in no event will Jupitice, our affiliates, our licensors, or our third- party service providers be liable for any special, consequential, incidental, punitive, exemplary, or indirect costs or damages, including, but not restricted to, litigation costs, installation and elimination costs, or loss of data, production, profit, or business opportunities. The liability of Jupitice, our affiliates, our licensors, and our third-party service providers to any user for any claim arising out of or in connection with this agreement or the other terms of service will not exceed the lesser of: (a) $2,500; or (b) any fees retained by Jupitice with respect to service contracts on which user was involved as client or ADR practitioner during the six-month period preceding the date of the claim. These limitations will request to any responsibility, arising from any cause of action whatsoever arising out of or in connection with this agreement or the other terms of service, whether in contract, tort (including negligence), strict legal responsibility, or otherwise, even if suggested of the possibility of such costs or damages and even if the limited remedies provided herein fail of their essential purpose. Some states and jurisdictions do not sanction for all of the former exclusions and limitations, so to that extent, some or all of these limitations and exclusions may not apply to you.

16. Release

In addition to the recognition that Jupitice is not a party to any contract between Users, you hereby release Jupitice, our Affiliates, and our respective officers, directors, agents, subsidiaries, joint ventures, employees and other service providers from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute have with another User, whether it will be of law or in equity that exist as of the time you enter into this agreement. This release includes, for example and without limitation, any disputes regarding the performance, functions, and quality of the ADR Practitioner Jupitice site services provided to Client by an ADR Practitioner and requests for refunds based upon disputes. Procedures regarding the handling of certain disputes between Users are discussed in the Escrow Instructions.

This release will not apply to a claim that Jupitice failed to meet our obligations under the Terms of Service.

17. Indemnification

You will guarantee, protect, and hold harmless Jupitice, our Affiliates, and our directors, officers, employees, representatives, and agents (each an “Indemnified Party”) for all Indemnified Claims (defined below) and Indemnified Liabilities (defined below) involving or arising out of: (a) the use of the Site and the Jupitice site services by you or your agents, including any payment obligations or default (described in Section 10.12(Non- Payment)) sustained through use of the Jupitice site services; (b) any Work Product or User Content developed, provided, or otherwise related to your use of the Jupitice site services; (c)any Service Contract come into by you or your agents, including, but not limited to, the classification of a ADR Practitioner as an independent contractor; the classification of Jupitice; any employment-related claims, such as those relating to employment termination, employment discrimination, harassment, or retaliation; and any claims for unpaid wages or other compensation, overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits; (d) failure to follow with the Terms of Service by you or your agents; (e) disappointment to comply with appropriate law by you or your agents; (f) negligence, willful misconduct, or fraud by you or agents; and (g) defamation, abuse of privacy rights, partial competition, or infringement of Intellectual Property Rights or allegations thereof to the extent caused by you or your agents. For purposes of this Section 17, your agent includes any person who has apparent authority to access or use your account demonstrated by using your username and password.

a. “Indemnified Claim” refers to any and all dues, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or about any assert, suit, proceeding, request, or action carried by you or a third party or other User against an Indemnified Party.

b. “Indemnified Liability” refers to any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to assert, suit, proceeding, request, or action brought by an Indemnified Party against you or a third party or other User.

18. Agreement Term &Termination
18.1 Termination

Unless both you and Jupitice clearly agrees otherwise in writing, either of us may terminate this Agreement in our sole discretion, at any time, without explanation, upon written notice to the other, which results in the termination of the other Terms of Service as well, except as otherwise provided herein. You may provide written notice to legalnotices@Jupitice.com. In an instance you dismiss this Agreement, you have a right to use the Site and Jupitice site services is automatically revoked, and your Account will be closed. Jupitice is not a party to any Service Contract between Users. Accordingly, the user identifies that termination of this Agreement (or attempt to terminate this Agreement) does not terminate or otherwise impact any Service Contract or Project entered into between Users. If you try to dismiss this Agreement while having one or more open Projects, you agree (a) you hereby initiate Jupitice to close any open contracts; (b) you will remain to be bound by this Agreement and the other Terms of Service until all such Projects have closed on the Site; (c) Jupitice will continue to do those Jupitice site services necessary to conclude any open Project or related transaction between you and another User; and (d) you will continue to be obliged to pay any amounts accrued but unpaid as of the date of termination or as of the closure of any open Service Contracts, whichever is later, to Jupitice for any Jupitice site services or such other amounts owed under the Terms of Service and to any ADR Practitioners for any ADR Practitioner Jupitice site services.

Deprived of any restrictions Jupitice’s other rights or cures, we may, but are not obligated to, temporarily or indefinitely revoke or limit access to the Jupitice site services, deny registering yourself, or permanently revoke your access to the Site and refuse to provide any or all Jupitice site services to you if: (i) you breach any terms and conditions of this Agreement or other provisions of the Terms of Service; (ii) we suspect or become aware that you have provided false or misleading information to us; (iii) we believe, in our sole discretion, that your actions may cause legal liability for you, our Users, or Jupitice or our Affiliates; may be contrary to the benefits of the Site or the User community; or may involve dishonest or illegal activity; or (iv) we are required to by law, legal process, or law enforcement. If your Account is temporarily or permanently shut, you may not use the Site under the same Account or a different Account or re- register under a new Account without Jupitice’s prior written consent. If you try to use the Site under a different Account, we set aside the right to reclaim available funds in that Account and/or use an available Payment Method to pay for any amounts allocated by you to the extent permitted by applicable law.

You acknowledge and approve that the value, status, and goodwill of the Site depend on transparency of User’s Account status to all Users, including both yourself and other Users who have entered into Service Contracts with you. You therefore agree as follows: if Jupitice decides to temporarily or permanently close your account, Jupitice has the right where allowed by law but not the obligation to: (a) inform other users that have entered into service contracts with you to inform them of your closed account status, (b) provide those users with a summary of the reasons for your account closure. You approved that Jupitice will have no accountability arising from or relating to any notice that it may provide to any user regarding closed account status or the reason(s) for the closure.

19. Account Data On Closure

Except as otherwise prescribed by law, if your Account is shut for any reason, you will no longer have access to data, messages, files, or other material you keep on the Site and any closure of your Account may involve deletion of any content stored in your Account for which Jupitice will have no liability whatsoever. Jupitice, in its sole discretion and as permitted or required by law, may retain some or all of your Account information.

20. Survival

After this Agreement ends, the terms of this Agreement and the other Terms of Service that specifically or by their nature contemplate performance after this Agreement terminates or expires will survive and continue in full force and effect. For example, the provisions providing arbitration, authorizing audits, protecting intellectual property, requiring non- circumvention, indemnification, payment of fees, reimbursement and setting forth limitations of liability each, by their nature, contemplate performance or observance after this Agreement terminates. Without limiting any other provisions of the Terms of Service, the termination of this Agreement for any reason will not release you or Jupitice from any obligations incurred prior to the end of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination.

21. Disputes Between You &Jupitice
21.1 Dispute Process, Arbitration and Scope

If a dispute arises between you and Jupitice or our Affiliates, our goal is to resolve the dispute quickly and cost-effectively. Accordingly, unless you opt out as provided in Section 21below, you, Jupitice, and our Affiliates agree to resolve any claim, dispute, or controversy that arises out of or relates to this Agreement, Jupitice Service Contract the other Terms of Service.

Claims covered by this Arbitration Provision include, but are not limited to, all claims, disputes, or controversies arising out of or relating to this Agreement, the Site, Jupitice site services, the Terms of Service, Jupitice Service Contract any Service Contract, escrow payments or agreements, any payments or monies you claim are due to you from Jupitice or our Affiliates or successors, trade secrets, unfair competition, false advertising, consumer protection, privacy, compensation, classification, minimum wage, seating, expense reimbursement, overtime, breaks and rest periods, termination, discrimination, retaliation or harassment and claims state statutes or regulations addressing the same or similar subject matters, and all such other claims under all applicable Central or State Acts arising out of or relating to your relationship with Jupitice or the termination of that relationship.

21.2 Choice of Law

The Site Terms of Use, Jupitice Service Contract the other Terms of Service, and any Claim will be governed by and construed in accordance with the laws of India.

21.3 Informal Dispute Resolution

Before serving a demand for arbitration of a Claim, you and Jupitice agree to first notify each other of the Claim. You agree to notify Jupitice of the Claim at Plot No. 14, Rajiv Gandhi Chandigarh Technology Park, Chandigarh (UT), India, 160101 or by email to legalnotices@jupitice.com, and Jupitice agrees to provide to you a notice at your email address on file (in each case, a “Notice”). You and Jupitice then will seek informal voluntary resolution of the Claim. Any Notice must include pertinent account information, a brief description of the Claim, and contact information, so that you or Jupitice, as applicable, may evaluate the Claim and attempt to informally resolve the Claim. Both you and Jupitice will have 60 days from the date of the receipt of the Notice to informally resolve the other party’s Claim, which, if successful, will avoid the need for further action.

21.4 Binding Arbitration

In the unlikely event the parties are unable to resolve a Claim within 60 days of the receipt of the applicable Notice, you, Jupitice, and our Affiliates agree that Any dispute, claim or controversy arising out of or relating to this Agreement, Jupitice Service Contract and any other Terms of Service including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Indian Council of Arbitration. ICA may be contacted at http://www.icaindia.co.in/. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Chandigarh. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.

Subject to the above provision, the courts at Chandigarh shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.

21.5 Enforcement of This Arbitration Provision

This Arbitration Provision substitutes all prior agreements concerning the arbitration of disputes and is the full and complete agreement relating to the formal resolution of disputes covered by this Arbitration Provision. In the event, any portion of this Arbitration Provision is considered to be unenforceable; the remainder of this Arbitration Provision will be enforceable.

22. General
22.1 Entire Agreement

This Agreement, together with the other Terms of Service, sets forth the entire agreement and understanding between you and Jupitice relating to the subject matter hereof and thereof and terminates and succeeds any prior or simultaneous discussions, agreements, representations, warranties, and other communications between you and us, written or oral, to the extent they relate in any way to the subject matter hereof and thereof. The section headings in the Terms of Service are comprised for simplicity of reference only and have no binding effect. Even though Jupitice enlisted the Terms of Service, you signify that you had plenty of time to review and choose whether to agree to the Terms of Service. If an ambiguity or query of intent or interpretation of the Terms of Service arises, no presumption or burden of proof will arise favoring or disfavoring you or Jupitice because of the composition of any provision of the Terms of Service.

22.2 Modifications; Waiver

No modification or amendment to the Terms of Service will be binding upon Jupitice unless they are agreed in a written instrument signed by a duly authorized representative of Jupitice or posted on the Site by Jupitice. Email will not create a written instrument as contemplated by this Section 22.2. Our disappointment to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not assure we will take action in contrary to all breaches of this User Agreement.

22.3 Assignability

If and to the scope of any provision of this Agreement or the other Terms of Service is held unlawful, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffectual as to the jurisdiction in which it is unlawful, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and will be deemed revised to the extent necessary to obey the applicable law so as to give the maximum effect to the intent of the parties. The impropriety, inaccuracy, or unenforceability of such provision in that jurisdiction will not in any way affect the validity, legitimacy, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.

22.4 Severability, Interpretation

If and to the scope of any provision of this Agreement or the other Terms of Service is held unlawful, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffectual as to the jurisdiction in which it is unlawful, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and will be deemed revised to the extent necessary to obey the applicable law so as to give the maximum effect to the intent of the parties. The impropriety, inaccuracy, or unenforceability of such provision in that jurisdiction will not in any way affect the validity, legitimacy, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.

22.5 Force Majeure

The parties to this Agreement will not be liable for the failure to perform, or any delay in enactment of, any obligation hereunder for a reasonable period due to labor conflicts, misfortunes, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other conditions beyond the reasonable control of such party.

22.6 Prevailing Language &Location

The English language description of the Terms of Service will be directing in all respects and will succeed in case of any inconsistencies with translated versions, if any. The Site is organized and functioned from our facilities in the United States.

22.7 Access of the Site Outside India

22.7.1 Jupitice makes no representations that the Site is suitable or available for use outside of India. Those who have right to use the Site from other jurisdictions do so at their own risk and are entirely responsible for compliance with all applicable Laws

22.7.2 In order to access or use the Jupitice site services, you must and hereby represent that you are not: (a) a citizen or resident of a geographic area in which has a right to use the Jupitice site services is barred by applicable law, decree, regulation, treaty, or administrative act; (b) a citizen or resident of, or sited in, a geographic area that is subject to U.S. or other sovereign country authorized or restricted; You approve that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will instantly stop using the Site and Jupitice site services and your license to use the Jupitice site services will be immediately cancelled.

22.8 Consent to Use Electronic Records

22.8.1 In connection with the Site Terms of Use, you may be authorized to receive, or we may otherwise provide, certain records from Jupitice or our Affiliates, such as contracts, notices, and communications, in writing. To assist your use of the Site and the Jupitice site services, you give us approval to provide these records to you electronically instead of in paper form.

22.8.2 The Parties hereby confirm their agreement and acceptance of the above provisions, and have duly executed this Agreement (either in his/her own capacity, where the Party is an individual; or in his/her ability as the duly authorized signatory/representative of a body corporate, where the Party is a body corporate, as the case may be).

23. Contact Information Grievance Officer

23.1 If a User has any questions concerning Jupitice, the Website, this Agreement, the Services, or anything related to any of the foregoing, Jupitice customer support can be reached at the following email address: contact@jupitice.com.

23.2 In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:

Name: Mrs. Neelam

Jupitice Justice Technologies Private Limited

Plot No. 14, Rajiv Gandhi Chandigarh Technology Park,

Chandigarh – 160101, India.

Phone: +91-172 5026058

Email: neelam@Jupitice.com

In the event you suffer as a result of access or usage of our Website by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.

I acknowledge that I have read and fully understand the above document namely, Terms and Conditions of Jupitice Site& Site Services for Online Dispute Resolution under ADR Mechanism and I confirm my agreement to all the terms contained therein.

Terms of Use

1. OVERVIEW

The Jupitice Site Terms of Use depict when and the conditions under which you are permitted to access or utilize the Site (characterized in Section 5 underneath). Kindly read these Site Terms of Use cautiously prior to visiting our Site. Some visitors to our Site simply visit the openly accessible portions of our Site or utilize the Public Site Services (characterized in Section 5 underneath) ("you" or "Site Visitors"). By gaining access to and additionally utilizing our Site or Services, you consent to these Site Terms of Use. If you don't consent to these Site Terms of Use, you may not visit, use, or access the Site or Site Services as a Site Visitor, User or something else may not click to accept the Terms of Service when prompted on the Site.

2. LICENSES AND THIRD-PARTY CONTENT
2.1 JUPITICE ’S PROVISION OF THE SITE AND LIMITED SITE LICENSE

Section 2.1 talks about the rights we provide to permit you to utilize the Site, as itemized underneath:

As we depict in this Section 2.1, Jupitice allows you a restricted permit to get to the Site and Site Services. This permit is dependent upon and conditioned on compliance with the Site Terms of Use and, to the degree relevant, the remainder of the Terms of Service.

We attempt to keep our Site and the Site Services protected, secure, and working appropriately, however we can't ensure the nonstop operation of or admittance to our Services. In actual fact, we may even discontinue giving the Site or Site Services totally or quit giving certain features without notice.

2.2 TERMINATION OF THE LIMITED SITE LICENSE

Section 2.2 clarifies that we can stop permitting you to utilize the Site, as itemized underneath:

Jupitice may end any permit it has allowed to any Site Visitor or User to get to the Site and Site Services by giving notification, and the end of such permit will be taking effect right now upon Jupitice giving such notification.

2.3 JUPITICE 'S INTELLECTUAL PROPERTY

Section 2.3 clarifies that despite the fact that we let you utilize the Site, we actually hold every one of our rights, as itemized beneath:

Jupitice and our licensors hold all rights, title, privileges and interest in and to all Intellectual Property Rights related in and to the Site and the Site Services. The Jupitice logos and names are brand names of Jupitice and are registered in specific jurisdictions. Any remaining product names, organization names, imprints, logos, and images on the Site or Site Services might be the brand names/ trademarks of their particular owner.

Nothing in the Terms of Service grants you an option to utilize any Jupitice Marks.

2.4 YOUR INTELLECTUAL PROPERTY
2.4.1 YOUR OBLIGATIONS AND YOUR INDEMNIFICATION OF JUPITICE

Section 2.4.1 clarifies that you are exclusively answerable for your utilization of the Site and any substance you post on the Site and that in the event that somebody makes a case against Jupitice due to your substance that you will pay Jupitice for our charges and costs, as itemized underneath:

At the point when you post User Content on the Site or through the Site Services or give Jupitice User Content, you comprehend and recognize that you are exclusively liable for such User Content. Further, you address and warrant that you have the right, force, and position to (a) post that User Content without abusing the rights of outsiders, and (b) grant the licenses itemized underneath:

You recognize and concur that the one who post the User Content, and not Jupitice, is liable for any User Content including any damages caused to you, another User, or an outsider by such User Content.

You will repay, guard, and hold harmless Jupitice , our Affiliates, and our director, officials, employees, delegates, agents and specialists (each an "Indemnified Party") from all cases, harms, liabilities, expenses, misfortunes, and costs (counting, however not restricted to, lawyers' charges and all connected expenses and costs) emerging from or identifying with any case, suit, continuing, request, or action brought by you or an outsider or other User against an Indemnified Party identifying with or emerging out of any User Content you post.

2.4.2 YOUR RIGHTS AND LICENSE TO JUPITICE AND OTHER SITE VISITORS

Section 2.4.2 clarifies that by posting content on the Site, you give others certain restricted rights to that content, as indicated underneath:

You hold all possession rights in any User Content you post on Jupitice. To the degree allowed by appropriate law, you additionally award to Jupitice and our successor and Affiliates a royalty free, sub-licensable, exchangeable, continuous, irreversible, non-exclusive, overall permit to utilize, replicate, change, distribute, list data with respect to, alter, interpret, disperse, publicly perform, publicly display, and make subsidiary works of all such User Content and your name, voice, as well as similarity as contained in your User Content, in entire or partially, and in any structure, media, or innovation, regardless of whether currently known or from now on created, for use regarding the Site and Jupitice 's, our successors' and Affiliates' organizations, including, without restriction, for advancing and redistributing part or the entirety of the Site (and derivative works thereof) in any media designs and through any media networks. You additionally therefore grant every User and each Site Visitor a non-exclusive permit to access your User Content through the Site and to utilize, imitate, disseminate, and show such User Content to the degree allowed through the ordinary usefulness of the Site and subject to all appropriate confidentiality and other provisions of the Terms of Service, our Privacy Policy, and material law.

2.4.3 YOUR COMMENTS AND IDEAS

Section 2.4.3 clarifies when you can and what occurs in the event that you send your ideas or concepts or thoughts to Jupitice, as itemized underneath:

You may submit remarks or thoughts regarding the Site and Site Services, including without impediment about how to improve the Site or Site Services (on the whole, "Thoughts or ideas"). By presenting any Ideas, you concur that: (a) your exposure is intentional, needless, spontaneous, and without limitation and won't put Jupitice under any fiduciary or other commitment, (b) your Ideas don't contain the classified or exclusive data of outsiders, and (c) you award us an everlasting and royalty free permit to utilize the Ideas with no extra pay to you and to unveil the Ideas on a non-confidential premise or in any case to anybody. You further recognize and concur that, by acknowledgment of your proposal or submission, Jupitice doesn't forgo any rights to utilize alike or related thoughts, including those known or created by Jupitice or got from sources other than you.

2.5 THIRD-PARTY INTELLECTUAL PROPERTY

Section 2.5 clarifies that outsiders, including different Users, are answerable for content posted or connected on the Site, as itemized underneath:

Any data or substance communicated or made accessible by an outsider or some other Site Visitor or User is that of the separate author(s) or distributor(s) and not of Jupitice. Jupitice neither authorize, validates or certifies nor is liable for the exactness or dependability of any assessment, opinion, advice, data, or explanation made on the Site by anybody other than Jupitice 's authorized agents acting in their authority limits.

The Site may contain links to outsider or third party sites. The Site may likewise contain applications that permit you to right to use outsider sites through the Site. Such outsider sites or applications are possessed and functioned by the outsiders and additionally their licensors. The incorporation of any connection or link or application on the Site doesn't infer that we support the connected site or application. You utilize the connections or links and outsider sites at your own risk and concur that your utilization of an application or outsider site got to through the Site is on an "with no guarantees" and "as accessible" premise with no guarantee from Jupitice for any reason.

3. DISCLAIMER

All Services together with any new features that boost or improve the Services currently offered shall, explicitly stated otherwise, be subject to the T&C. You cognize and approve that the Services are provided "AS-IS" and that the Jupitice assumes no responsibility for the timeliness, deletion, mis-delivery or failure of the provision of any functions of the Websites or the delivery of the Services. You recognize that the technical processing and transmission of the Services may involve (a) transmissions over various networks; and (b) changes to obey and adapt to technical requirements of connecting networks or devices. The Jupitice shall, accordingly, in no circumstances, be liable for any miscarriage of any type of roles in the Websites or the delivery of the Services in whole or in part for your inability to increase access in whole or in part to such type of functions or Services due to the postponement or failure of any communication networks or any party providing such access.

By Using or accessing the Services which in consideration of such access and Use, you concede that, given the nature of the Internet, we cannot guarantee that any kind of transmission for the personally identifiable information, other information, documents, or other communications under or in connection with the Services is completely secure and safe.

4. PASSWORD AND SECURITY

In the event that you are a Claimant, a Respondent, or a representative of one or the other, and if you are a mediator or arbitrator involved with any dispute proceeding which is administered by Jupitice, Jupitice may issue a password to you. You are the one who will be responsible for maintaining the confidentiality of the said password and shall be fully accountable for all activities that occur under the given passwords. You agree to (a) immediately notify the Jupitice of any unauthorized use of your password or any other breach of security and (b) ensure that your exodus from your password at the end of all the visit to the Websites. The Jupitice shall not be liable for any loss or damage arising from your failure to comply with this Section 4.

You acknowledge that the passwords which are issued to you by the Jupitice are confidential and you shall take all necessary precautions to maintain the confidentiality of the said passwords. You agree that under no circumstances will you disclose such password to any other person(s), other than the Jupitice, without the prior written consent of the Jupitice. Any words, action or conduct whether intentional or unintentional, by you breaching that confidentiality shall render you liable to the Jupitice for all losses and damages thereby caused. You hereby agree and acknowledge that the use of the Services by any person whatsoever (whether authorized by you or not) with the password issued to you by the Jupitice shall constitute and be deemed use of the Services by you. You shall notify the Jupitice immediately of any actual or possible unauthorized use of the password issued to you and shall confirm the same in writing without delay to the Jupitice. You shall be liable to the Jupitice for all losses and damages incurred by the Jupitice in respect of any Use of the Services whether authorised by you or not.

You acknowledge and agree that the only duty of the Jupitice is to verify the passwords issued to you and the Jupitice shall not be liable in respect of:

  • a) any kind of damage suffered by you or any other person as a result of any failure to effect or to perform instructions through various electronic delivery channels or perform any responsibility thereunder where such miscarriage is attributable either directly or indirectly to any circumstances or events outside our control: or
  • b) any other damage of any kind suffered by you or by any other person as a result of any directives through various electronic delivery channels given with the accurate password.
5. PERMITTED SITE USES

Section 5 clarifies how you are permitted to utilize the Site, as itemized underneath:

Jupitice offers the Site and Site Services for your dispute resolution purposes only. Jupitice makes the Site and Site Services accessible for Users to discover each other, go into service relationships, make and get payments, and receive and provide ADR Services. Moreover, certain Visitor Site Services, for example, the Jupitice Blog give, and might be utilized to acquire, general data and articles that we accept might hold any importance with Site Visitors and Users. While we attempt to guarantee that any data we post is both opportune and exact, mistakes may show up now and again. We don't make any portrayals or guarantees as for any data that is posted on the Site by us or any other individual. In no occasion should any substance be depended on or understood as tax or legal guidance or something else. You ought to freely verify the accuracy of any content.

6. Restricted SITE USES

Section 6 clarifies use of the Site that are not permitted, as itemized beneath:

You may not utilize, or support, advance, encourage, or train, initiate, or in any case impact or cause others: (1) to utilize the Site or Site Services for any exercises that disregard any law, rule, mandate or guideline; for some other illicit or false reason or any reason that is unsafe to other people, or (2) to send, store, show, appropriate or in any case make accessible substance that is unlawful, fake or destructive to other people.

6.1 EXAMPLES OF PROHIBITED USES OF THE SITE

Coming up next are instances of uses that are precluded on the Site or when utilizing the Site Services:

Seeking, offering, advancing, supporting, or underwriting services, substance, or exercises that:

  • are abusive, illicit, savage, profane, indecent, undermining, unlawfully oppressive, illicit, obscene, disgusting, or explicitly express in nature;
  • would abuse the intellectual property rights, for example, and including copyrights, of someone else, element, service, product, or site;
  • would abuse (a) Jupitice's Terms of Service, (b) the terms of service of another site or any comparative contractual commitments;
  • regard the creation, buy, or publication of a review for an outsider site;
  • regard the creation, distribution, or circulation of "false news", "hoax news", Deep Fake substance or comparative substance, which is, in Jupitice's sole decision, resolved to be expected to deceive beneficiaries for individual, monetary, political or other gain or advantage;
  • regard or advance in any capacity any escort services, prostitution, or sexual acts; or
  • any direct that is, in Jupitice's assurance, fierce or annoying toward someone else or supports or energizes fierceness or provocation towards others, including based on the individual's or group's inclusion in a protected class as characterized by pertinent law;

Fraudulent or deceptive uses or substance, including:

  • fraudulently charging or endeavoring to deceitfully charge any Disputing parties including by (I) distorting or controlling or endeavoring to falsify or manipulate the hours, Events, recorded in the Jupitice Software, (ii) revealing, recording, or in any case charging Disputing parties for time that was not really worked, or (iii) on an hourly agreement, detailing, recording, or in any case charging hours worked by someone else as hours worked by you in a manner that is misdirecting or bogus;
  • misrepresenting your experience, abilities, or data, including by addressing someone else's profile, or parts of someone else's profile, as your own;
  • using a profile photograph that isn't you, distorts your character or addresses you as another person, or whatever other activity that distorts your personality;
  • impersonating any individual or element, including, yet not restricted to, a Jupitice representative, or dishonestly expressing or in any case distorting your alliance with an individual or substance;
  • falsely accrediting explanations to any Jupitice representative, guide or host;
  • falsely expressing or inferring a relationship with Jupitice or with another organization with whom you don't have a relationship;
  • allowing someone else to utilize your record, which is deluding to different Users; or
  • falsely expressing that one ADR Professional will perform the work on a case when another will infact perform the work, including presenting a proposition for an ADR Professional that is unable, reluctant, or inaccessible to accomplish the work;

Inciting or empowering viciousness;

Posting identifying data concerning someone else;

Spamming different Users with offers or solicitations, including by connecting of Users off the Jupitice platform, or by posting a similar case on various occasions so more than one version remains active at a given time;

Making or requesting bribes or requesting other payments without the goal of or without really offering services in return for the payment;

Requesting or demanding free services, including requesting ADR Professional to perform work as part of the proposal process for very little or no money or posting contests in which ADR Professional perform work with no or very little pay, and only the winning submission is paid the full amount;

Requesting an expense prior to permitting a User to present an offer

Attempting to or really controlling or abusing the input framework, including by:

  • withholding payment or Order or participating in some other lead to acquire positive input from another User;
  • attempting to force another User by taking steps to give negative criticism;
  • expressing views irrelevant to the work, for example, political, spiritual, or social critique, in the feedback framework;
  • providing anything of significant worth to any individual (counting to an outsider who gives help with getting input) or utilizing any assistance of any sort to obtain feedback; or
  • offering administrations for the sole reason for getting positive criticism of any sort;

Duplicating or sharing records;

Selling, exchanging, or giving a record to someone else without Jupitice 's assent;

Sharing or requesting Means of Direct Contact with or from another User either straightforwardly through messages or by comprising Means of Direct Contact for a case post, profile, proposition or other User Content prior going into a Service Contract with such User, besides as explicitly considered Enterprise Clients;

Directly or by implication, publicizing or advancing another site, item, or administration or requesting different Users for different sites, items, or administrations, remembering promoting for Jupitice to enroll ADR Professional or potentially Disputing gatherings to join another site or organization;

Interfering or endeavoring to interfere with the appropriate operation of the Site or Site Services or any exercises directed on the Site, including by:

  • passing any measures we may use to avert or confine access to the Site or any subparts of the Site, including, without limit, features that avert or confine use or duplicating of any substance or uphold impediments on utilization of the Site or the content in that;
  • attempting to interfere with or compromise, or actually interfering with or compromising, the system integrity or security of the servers running the Site, or endeavoring to or translating any transmissions to or from the servers running the Site;
  • using any robot, spider, scraper, or other automated means to get the access to the Site for any reason without our express composed consent;
  • collecting or gathering any personally recognizable data, including Account names, from the Site;
  • attempting to or forcing an irrational or excessively huge burden (as decided in Jupitice 's sole prudence) on the Site's structure;
  • introducing any invalid information, virus, worm, or other destructive or malignant programming code, agent, secreted technique, schedule, or instrument through or to the Site that is intended to or known to cause to stop working, upset, debilitate, hurt, or in any case impede in any way, including aesthetic disruptions or distortions, the activity of (or to permit you or some other individual to access or harm or degenerate information, storage media, projects, equipment, or correspondences or otherwise interfere with operations of or on) the Site or any product, software, firmware, equipment, hardware, computer system, network or organization of Jupitice or any outsider;
  • accessing or endeavoring to get access to the Site or Site Services using any and all means or innovation other than the interface provided; or

Conduct or activities that could imperil the respectability of or go around the Site, Site Services or Jupitice 's exclusive data, including:

  • attempting to or really figuring out, changing, adjusting, interpreting, getting ready subsidiary works from, decompiling, or meddling with the activity of, or in any case endeavoring to get source code from, any piece of the Site or Site Services except if explicitly allowed by appropriate law or Jupitice ; or
  • Accessing or utilizing the Site or Site Services to construct a similar service or application, distinguish or request Jupitice Users, or distribute any presentation or any benchmark test or exploration relating to the Site.
6.2 ENFORCEMENT

We save the right, however don't expect the commitment, to research any likely infringement of this Section 4 or some other possible infringement of these Site Terms of Use and to eliminate, debilitate admittance to, or alter any content on the Site. Our inability to act as for a breach by you or others doesn't postpone our right to act concerning following or similar breaches. We don't ensure we will make a move against all breaches of these Terms of Use or the User Agreement.

6.3 REPORTING AND CORRECTING VIOLATIONS

In the event that you become mindful of any infringement of these Site Terms of Use, you should quickly report it to Customer Service. You consent to help us with any inquiry we embrace and to make any remedial steps we need to address an infringement of these Site Terms of Use.

7. GOVERNING LAW

These T&C shall be construed in accordance with, and this agreement is governed by the laws of India, without regard to the conflict of legal provisions thereof.

8. SEVERABILITY

If any one of these T&C, or the application in any event, is held void, illicit or unenforceable for any reason, the legitimacy, lawfulness and enforceability of that term and condition in any respect and the residual T&C shall not in any way be diminished.

9. INDEMNITY

You agree to indemnify, defend and hold harmless Jupitice, its Offices, its affiliates, officers, agents, partners, staff and employees against any and all claims, proceedings, damages, injuries, liabilities arising from (i) your actions or indecisiveness in the breach of these T&C, and/or (ii) use of the Service.

10. MODIFICATIONS TO SERVICES

Jupitice reserves the veracious at the point of any time and from time to time to amend or terminate, provisionally or enduringly, the Service with or without notice. You agree that Jupitice shall not be responsible to you or to any third party for any alteration, interruption or discontinuance of the Service.

11. LINKS

The Websites contain links to other sites or pages on the Internet, which are not maintained or controlled by Jupitice and for which Jupitice is not responsible. When you activate any such links, you leave the Websites and access such sites or pages at your own risk and Jupitice shall not be responsible or liable for any content, evidence, resources, goods or services on or accessible from such sites. You further acknowledge and approve that the Jupitice shall not be accountable or answerable, directly or indirectly, for any loss caused or assumed to be caused by or in connection with the use of or dependence on any such content, evidence, resources, goods or services available on or over and done with any such sites.

12. DEFINITIONS

Section 12 gives you some definitions of terms that appear in the Site Terms of Use.

“Affiliate” means any entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with Jupitice.

“Disputing parties” means any authorized User utilizing the Site to seek and/or obtain ADR Practitioner Services from another User.

“Deep Fake” means media that is changed in order to substitute a person in an existing image or video with someone else’s likeness in a realistic manner without permission or authorization of the person whose likeness is used.

"ADR Practitioner” means any authorized User utilizing the Site to create their webpage (online global ADR office) to provide ADR Practitioner services to Clients. They are independent Arbitrators, Mediators, Conciliators, Assisted Negotiators, Attorneys& Domain Experts, not forming part of Jupitice Boutique Global Panel. An ADR Practitioner is a customer of Jupitice with respect to use of the site and site services

“ADR Services” means any services provided by ADR Professional.

“Intellectual Property Rights” means all patent, copyright, mask work, moral related rights, rights of publicity, trademark and service mark related rights, goodwill, trade secret related rights and other intellectual property related rights as may now exist or hereafter comes into existence, and all applications therefore and registrations, renewals and extensions thereof, in each case, under the laws of any state, country, territory or other jurisdiction.

“Public Site Services” means, collectively, all services, applications and products that are accessible by any Site Visitor who has not become a User through the Site, to the extent they are available to a Site Visitor who has not become a User.

“Site” means Platform including collectively our Website located at www.jupitice.com, Applications, Mobile Websites, Mobile Applications, owned & operated by us.

Escrow Services

Hourly Agreement with Escrow Instructions

If a Client and ADR Practitioner enters into an Hourly Contract, if Client makes a bonus or expense payment to ADR Practitioner, this Agreement will also apply to Bonus, and Expense Payment (“Agreement”).

To the extent permitted by appropriate law, we may amend this Agreement, and therefore the Escrow Instructions it contains, without prior notice or intimation to you, and any revisions to the Agreement will become effective immediately when published on the site unless otherwise stated. For further updates, go to our site.

This Agreement hereby integrates by reference the Terms of Service. Capitalized terms not defined during this Agreement are defined within the User Agreement, elsewhere within the Terms of Service, or have the same meaning given to such term on the site. The Escrow Instructions during this Agreement don't apply to Fixed-Price Escrow Accounts, except making and receiving of bonus, expense and other miscellaneous payments for Fixed-Price Contracts.

1. DIGITAL SIGNATURE

By clicking to accept an Hourly Contract or make a bonus payment, Client and ADR Practitioner are deemed to have executed this Agreement electronically, effective on the date ADR Practitioner clicks to accept an Hourly Contract pursuant to as per Indian Law(s) including Information Technology Act 2000, as amended from time to time. Doing so creates an acknowledgement that you are capable to electronically receive, download, and print this Agreement and the Escrow Instructions it contains.

2. MAKING OR RECEIVING AN HOURLY PAYMENT
2.1 WEEKLY HOURLY INVOICES

For Hourly Contracts, the weekly billing cycle starts Monday at 00:00 midnight IST and ends Sunday at 23:59 IST. Invoices for hours recorded on Jupitice in the Work Diary are generated each Monday following the week in which the hours were billed (the "Hourly Invoice Deadline"). ADR Practitioner irrevocably authorizes and instructs Jupitice, as its agent, to

i. create an invoice on behalf of ADR Practitioner for payment due based upon the hours that the ADR Practitioner recorded in the Work Diary before the Hourly Invoice Deadline (such invoice, the "Hourly Invoice"); and

ii. submit the Hourly Invoice on behalf of ADR Practitioner to ADR Practitioner's Client for payment. For avoidance of any doubt, “Work Diary” is a section at Jupitice where hours can be recorded in an Hourly Contract.

By recording time in the Work Diary and allowing an Hourly Invoice to be created based on the time recorded, ADR Practitioner represents and warrants that (a) ADR Practitioner has rendered the applicable ADR Services to fully and satisfactorily; and (b) the hours ADR Practitioner reports are true, accurate, and complete.

2.2. INVOICE REVIEW

Client must review and approve or dispute the Hourly Invoice by 11:59 PM IST of the Friday following submission of the Hourly Invoice. Payments are accepted to be held in escrow during the Dispute Period (defined below), providing four additional days to review the dispute pertaining to the invoice before funds are released. During the Dispute Period, Client may initiate a Dispute on some or all of the time invoiced on the Hourly Invoice.

On the Friday of the week following submission of the Hourly Invoice, Client will be deemed to have approved all undisputed amounts on the Hourly Invoice, and irrevocably instructed Jupitice Escrow to release escrow funds as defined in this Agreement.

3. MAKING OR RECEIVING A BONUS OR EXPENSE PAYMENT

Client may also make a Bonus, Tip, Expense, or Other miscellaneous payment to ADR Practitioner using the Site. To make such a payment to a ADR Practitioner, Client must follow the instructions and links on the Site and provide the information requested. If Client clicks to pay such a payment to ADR Practitioner, Client irrevocably instructs Jupitice Escrow to release the funds and Jupitice Escrow will release escrow funds as described in this Agreement.

4. INSTRUCTIONS TO PAY IRREVOCABLE

Client’s instruction to Jupitice Escrow and/ or its wholly owned subsidiaries to pay a ADR Practitioner is irrevocable. Such instruction is Client’s authorization to transfer funds to ADR Practitioner from Jupitice Escrow Account or authorization to charge Client’s Payment Method. Such instruction is additionally Client’s representation that Client has received, inspected, and accepted the subject work or expense. Client acknowledges and agrees that upon receipt of Client’s instruction to pay ADR Practitioner, Jupitice Escrow will transfer funds to the ADR Practitioner which Jupitice haven't any responsibility to and may not be capable to improve such funds. Therefore, and in consideration of services described in this Agreement, Client agrees that once Jupitice Escrow or its subsidiary has charged Client’s Payment Method, the charge is non-refundable.

5. RELEASE AND DELIVERY OF AMOUNTS IN ESCROW

In addition, Jupitice Escrow is authorized to and will release applicable portions of the Client (each portion, a “Release”) to the ADR Practitioner, upon the happening of and according to the one or more Release Conditions mentioned below or as otherwise required by applicable law or the Terms of Service. The amount of the Release will be delivered to the ADR Practitioner, according to the ADR Practitioner’s and Client’s instructions, as applicable, these Escrow Instructions, and the other Terms of Service.

5.1 RELEASE CONDITIONS

It means any of the following:

1. Client and ADR Practitioner have submitted joint written instructions for a Release.

2. Client has approved all or a portion of the ADR Practitioner's Hourly Invoice. This Release Condition will only apply to amounts invoiced by the ADR Practitioner that Client has approved. Client’s failure to dispute an Hourly Invoice, or a share of an Hourly Invoice, within the Dispute Period pursuant to this Agreement, or as otherwise provided in the Escrow Instructions, constitutes support by the Client for resolutions of this Release Condition.

3. Jupitice reviews Client's dispute of amounts invoiced on ADR Practitioner's Hourly Invoice for an Hourly Contract with Work Diaries pursuant to this Agreement and determines whether the time is related to the Hourly Contract requests or Client's instructions.

4. Client initiates a Dispute with respect to ADR Practitioner's Hourly Invoice for an Hourly Contract with Work Diaries pursuant to this Agreement and Client and ADR Practitioner resolve the dispute without the assistance of Jupitice.

5. Issuance of a final order of a court or arbitrator of competent jurisdiction from which appeal is not taken, in such case the funds will be unconfined in accordance with such order

6. If we believe, in our sole discretion that fraud, an illegal act or violation of Jupitice's Terms of Service has been committed or is being committed or attempted, in such case Client and ADR Practitioner hereby irrevocably authorize and instruct Jupitice Escrow to take such actions as we deem suitable in our sole preference and in accordance with applicable law, in order to prevent or remedy such acts, including without limitation to return the funds accompanying with such acts to their source of payment.

6. HOURLY PAYMENT PROTECTION

Jupitice provides limited payment protection to Users as detailed in this Section 6 ("Hourly Payment Protection").

6.1 FOR ADR PRACTITIONERS

In a rare event where ADR Practitioner’s client doesn't make payment for legitimate services performed by ADR Practitioner, Jupitice won't charge commission upto USD 2500 or the particular payment not made by the client whichever is a smaller amount, to foster fairness, reward loyalty, and encourage the ADR Practitioner to still use the site Services for his or her or its business needs. Hourly Payment Protection is going to be offered to ADR Practitioner as long as all of the subsequent criteria are met in Jupitice's sole discretion:

1. Both Client and ADR Practitioner must have agreed to use Work Diaries upon acceptance of the Hourly Contract, as part of the terms.

2. Client must have an Account in good standing and a valid and verified Payment Method at the start of the Hourly Contract, and must agree to automatically pay for hours billed by ADR Practitioner through Work Diaries.

3. ADR Practitioner's Account must be in good standing.

4. ADR Practitioner must have used Work Diaries enabled to document any and all hours covered by the Hourly Payment Protection for ADR Practitioners.

5. Prior to any Hourly Invoice being submitted, ADR Practitioner must have annotated the screenshots documented in Work Diaries sufficient to demonstrate the work relates to the Hourly Contract.

6. The screenshots documented by Work Diaries must be undoubtedly linked to the applicable Hourly Contract requirements or Client instructions.

7. The number of hours billed in the Work Diaries must be within the hours sanctioned in the Hourly Contract for the week.

8. Within five days after notification of rejected or unpaid time, ADR Practitioner must submit a Dispute specifically identifying the documented work not otherwise paid for by the Client through the Escrow Services.

Jupitice will investigate & determine in its sole discretion whether above terms & conditions are met.

Hourly payment protection does not apply to:

(a) hours invoiced for work not agreed to or authorized or authorized by client;

(b) bonus payments;

(c) refunds;

(d) manual time;

(e) time added after Client has disputed a billing and before the resolution of that dispute;

(f) Fixed-Price Contracts;

(h) any payments on Hourly Contracts where the Hourly Contract or the services provided thereunder are prohibited by the Terms of Service;

(i) hours billed by ADR Practitioners whom Jupitice believes, in its sole discretion, to be aware of or complicit in another User’s violation of this Agreement or the other Terms of Service; or

(j) ADR Practitioners whom Jupitice believes, in its sole discretion, to be involved in actual fraudulent activities or abuse of this Payment Protection.

TThe maximum rate per hour protected by Jupitice to ADR Practitioner under the Hourly Payment Protection for ADR Practitioners is that the lesser of:

(i) the rate provided in the Hourly Contract terms;

(ii) the usual hourly rate billed by ADR Practitioner on the Site across all Clients; and

(iii) the going rates for the same skills on the Site in ADR Practitioner's area (such determination to be made in Jupitice's sole discretion).

The maximum amount of coverage under the Hourly Payment Protection for ADR Practitioners for the life of a relationship between the same Client and ADR Practitioner is $2,500 or 50 hours logged/listed in Work Diary, whichever is less.

6.2. FOR CLIENTS

ADR Practitioner authorizes and instructs Jupitice to regulate the Hourly Invoice to adjust the hourly invoice to remove invoiced hours that aren't (a) clearly associated with either the Hourly Contract terms or work agreed to by the Client, and (b) within the hours authorized within the Hourly Contract for the week, subject to and conditioned on the subsequent terms:

  • Both Client and ADR Practitioner must agree to use Work Diaries as a part of the Hourly Contract terms.
  • Client must have an Account in good standing and a valid and verified default Payment Method, and Client must agree with automatically pay for hours billed by ADR Practitioner within the Hourly Invoices. Within the Hourly Invoice Review Period, Client must submit a Dispute specifically identifying the time billed that's not clearly associated with either the Hourly Contract requirements or Client instructions within the Work Diaries.

Jupitice will investigate and determine in its sole discretion whether the above terms and conditions are met.

Hourly Protection for Clients only protects Client from the obligation to pay for ADR Practitioner’s work if the documented hours worked aren't clearly associated with the Hourly Contract requirements or Client instructions in the Work Diaries. If Client has requested that the ADR Practitioner use functionality of the site or third-party software that hides, blurs, or distorts images within the Work Diary, the screenshots will be deemed to be “clearly related” to the Hourly Contract requirements for purposes of the Client's eligibility for Hourly Payment Protection. Hourly Payment Protection for Clients doesn't generate any warranties, express or implied, beyond those specifically stated in the User Agreement.

Hourly Protection for Clients doesn't apply to:

(1) Fixed-Price Contracts;

(2) hours billed by ADR Practitioners who are conscious of or complicit in another User's violation of this Agreement or the Terms of Service.

7. DISPUTES BETWEEN CLIENT AND ADR PRACTITIONER

7.1 DISPUTES INITIATED VIA THE PLATFORM

For Hourly Contracts, Client may dispute ADR Practitioner’s hours invoiced on the Hourly Invoice for the prior week (Sunday 12:00 a.m. midnight IST to Sunday 11:59 p.m. IST) during the five days following the close of the weekly invoice period (Monday 12:00 a.m. midnight IST to Friday 11:59 p.m. IST) (the “Dispute Period “). It's Client’s responsibility to review the Hourly Invoice of each Hourly Contract on a weekly basis and to file any disputes during the Dispute Period. Once the Dispute Period expires, Client are going to be deemed to have accepted the ADR Practitioner Services and ADR Practitioner Fees and can no longer dispute them. Disputes handled by Jupitice can only address the hours billed, not the quality of the ADR Practitioner Services or the Work Product provided under Hourly Contracts. If Client disputes ADR Practitioner’s hours invoiced within the Hourly Invoice under an Hourly Contract during the Dispute Period, Client and ADR Practitioner are encouraged to resolve the dispute between themselves. If Client and ADR Practitioner fail to come to a resolution, Jupitice will promptly investigate the Hourly Invoice and determine in its sole discretion, whether an adjustment is appropriate consistent with Client’s and ADR Practitioner’s instructions in these Escrow Instructions. Jupitice's determination of such dispute shall be final.

If Client’s payment is unsuccessful, Jupitice will review the Weekly Invoice to determine if it qualifies for Hourly Payment Protection. If Jupitice, in its sole discretion, determines that the Weekly Invoice qualifies for Hourly Payment Protection, it'll make payment to the ADR Practitioner to cover the Hourly Invoice on behalf of the Client. In the event that Jupitice makes payment on behalf of the Client, ADR Practitioner hereby irrevocably assigns any right, title or interest in any payment from Client to Jupitice for the amount paid by Jupitice. Client may choose to approve ADR Practitioner’s Weekly Invoice prior to the end of the Dispute Period thereby releasing payment for the Weekly Invoice. If Client releases payment to ADR Practitioner prior to the end of the Dispute Period, Client certifies that it approves the Weekly Invoice, accepts the work, and waives any further right to dispute the work or Weekly Invoice through Jupitice's Dispute Assistance (defined below).

You acknowledge and agree that Jupitice Escrow or its Affiliates may, at its sole discretion, withhold or delay payment in the event of dispute between a Client and a ADR Practitioner. You further acknowledge and agree that Jupitice and Affiliates aren't and will not be a party to any dispute between a Client and ADR Practitioner over an Hourly Invoice or Hourly Contract.

7.2 JUPITICE DISPUTE ASSISTANCE

Non-binding dispute assistance (“Dispute Assistance”) is available within 30 days of the date of the last release of funds from Client to ADR Practitioner. If Client or ADR Practitioner contacts Jupitice via support ticket within 30 days of the date of the last payment from Client to ADR Practitioner and requests non-binding dispute assistance for any dispute among them (a “Dispute”), Jupitice will attempt to assist Client and ADR Practitioner by reviewing the Dispute and proposing a mutual, non-binding resolution. Jupitice will only review the 30 days of work performed prior to the date a user requests Dispute Assistance.

  • The Jupitice Disputes team will notify Client and ADR Practitioner via ticket by providing a notice of dispute along with a request for information and supporting documentation.
  • If both Client and ADR Practitioner respond to the notice and request for information, then the Disputes team will review the documentation submitted and any information available on the site that pertains to the Dispute. After review, the Dispute Assistance team will put forward a mutual, non-binding determination on the basis of the outcomes of the review.
  • The proposed resolution is non-binding; Client and ADR Practitioner can choose whether or to not comply with it. If Client and ADR Practitioner agree in writing to the proposed resolution, Client and ADR Practitioner agree that Jupitice Escrow is authorized and irrevocably instructed to immediately release escrow funds in accordance with the proposed resolution.
  • If Client or ADR Practitioner rejects Jupitice’s proposed, non-binding resolution then Client and/or ADR Practitioner must pursue the Dispute independently.
  • Jupitice reserves the right to review the ADR Practitioner’s work for 30 days prior to the date of the request for Dispute Assistance for compliance with Hourly Payment Protection requirements, and in its sole discretion, to form adjustments to invoices, and to direct Jupitice Escrow to make appropriate releases to Client if it finds that work doesn't clearly relate to the Hourly Contract requirements or Client instructions in the Work Diaries or violate the Terms of Service during review of the work.
8. NO RESPONSIBILITY FOR SERVICES OR PAYMENTS

Jupitice and Affiliates merely provide a platform for Internet payment services. Jupitice and Affiliates don't have any responsibility or control over the ADR Practitioner Services that Client purchases. Nothing in this Agreement deems or will be interpreted to deem Jupitice or any Affiliate as Client’s or ADR Practitioner’s agent with reference to any ADR Practitioner Services, or enlarge or alter any warranty, liability or indemnity stated in the Terms of Service for instance, Jupitice doesn't guarantee the performance, functionality, quality, or timeliness of ADR Practitioner Services or that a Client can or will make payments.

Fixed Price Service Contract & Tiered Price Service Contract Escrow Instructions

If a Client and a ADR Practitioner enter into a Fixed-Price Contract on the Jupitice site, these Fixed Price service contract Escrow Instructions (“Escrow Instructions”) apply. These Escrow Instructions govern Fixed-Price Escrow Accounts. If you've got a Fixed-Price Contract and willing to make or accept miscellaneous or bonus payment, those activities are governed by the Hourly, Bonus, and Expense Payment Agreement with Escrow Instructions.

To the extent permitted by applicable law, we may amend these Escrow Instructions without prior notice to Client/s and/or ADR Practitioners, and any changes or modifications to those Escrow Instructions will come in to immediate effect when published on the site unless otherwise stated. The version of those Escrow Instructions in effect on the date any Fixed-Price Contract is entered into apply to that contract. For further updates feel free to visit our site.

These Escrow Instructions hereby integrate by reference the Terms of Service (“Terms of Service”). Capitalized terms not well-defined in these Escrow Instructions are defined in the User Agreement or elsewhere in the Terms of Service, or have the same meaning given to such terms on the site. For purposes of these Escrow Instructions, the term “ADR Practitioner” means a User with a ADR Practitioner and/or Agency account.

1. DIGITAL SIGNATURE AND COMMUNICATIONS

By clicking to fund Escrow (a “Funding Approval”) or to accept a Fixed-Price Contract, Client and ADR Practitioner are supposed to possess and execute these Escrow Instructions electronically, in effect on the date ADR Practitioner clicks to accept the engagement, pursuant to Indian Law(s) including Information Technology Act 2000, as could also be amended from time to time (the "E-Sign Act"). Doing so establishes an acknowledgement that you are able to electronically receive, download, and print these Escrow Instructions. All references to the Escrow in these Escrow Instructions will include the preliminary Funding Approval and any additional Funding Approval for a Fixed-Price Contract.

Client and ADR Practitioner agrees that any written communications required herein could also be provided electronically, including by email or support ticket, if applicable. Any communication sent to Jupitice via India mail or similar service are going to be deemed timely if received by Jupitice by the applicable deadline.

2. ACCEPTANCE OF ESCROW INSTRUCTIONS

Once a Client and ADR Practitioner have agreed to a contract, and therefore the Client and ADR Practitioner have selected “Agree” on the send offer, accept offer, or pages concerning the contract to simply accept the Terms of Service (including these Escrow Instructions), these Escrow Instructions constitute a binding agreement between Client, ADR Practitioner, and Jupitice (“Jupitice”) (collectively, the “Parties”). Client and ADR Practitioner must perform (by digital signature or mutually prescribed by both parties), and Jupitice must act in accordance with, any supplemental instruction or adding, abstraction or alteration thereto in writing (collectively the “Supplemental Escrow Instruction”). Jupitice retains the right to reject any Supplemental Escrow Instruction.

3. DEPOSIT OF FUNDS INTO ESCROW

By sending a contract offer to ADR Practitioner or accepting a contract offer from ADR Practitioner, Client agrees to deposit funds for the amount of the First Milestone (as defined on the Site), or, if there are not any Milestones, the complete amount of the service contract. Additional Milestones could also be funded on an equivalent contract by Client by selecting the button to add an additional Milestone or to activate subsequent Milestone on the site. Funds deposited by Client remain in the Jupitice Account until they're released to the ADR Practitioner or released to Client. Jupitice will release funds held in escrow pursuant to Section 4 of those Escrow Instructions (Release and Delivery of Amounts in Escrow).

4. RELEASE AND DELIVERY OF AMOUNTS IN ESCROW

Client and ADR Practitioner irrevocably authorize and instruct Jupitice to release applicable portions of the Fixed-Price Escrow Account (each portion, a “Release”) to the ADR Practitioner or Client, as applicable, supported the instructions described in this Section 4 (each such instruction, a “Release Condition”), or as otherwise required by applicable law or expressly permitted by the Terms of Service. The amount of each Release will be delivered to the applicable Escrow Account in accordance with ADR Practitioner’s or Client’s instructions, these Escrow Instructions, and other Terms of Service. All funds released pursuant to those Escrow Instructions are subject to applicable fees as described in the Fee Agreement.

4.1 RELEASE OF FUNDS TO ADR PRACTITIONER

ADR Practitioner and Client authorize and instruct Jupitice to release funds immediately to the ADR Practitioner on the occurrence of any of the subsequent Release Conditions, such authorization and instruction to be irrevocable except as expressly provided in these Escrow Instructions:

1. Client affirmatively selects the choice to release funds for a Milestone or service contract to ADR Practitioner.

2. Client doesn't take any action for 14 calendar days from the date of ADR Practitioner’s Release request, in such case ADR Practitioner and Client agrees that Jupitice is authorized and instructed to immediately release to ADR Practitioner the amount associated with the applicable Milestone in reference to such Release request. 3. 3. Client and ADR Practitioner have jointly submitted Supplemental Escrow Instructions in writing and signed by both Client and ADR Practitioner to Jupitice at legalnotices@Jupitice.com requesting a Release to ADR Practitioner, and Jupitice has agreed to the Supplemental Escrow Instructions.

4. Client has declined Arbitration or failed to make its Arbitration Payment (defined below) pursuant to the Dispute Assistance Program, and ADR Practitioner has agreed to Arbitration and submitted its Arbitration Payment.

5. Client has failed to reply timely to a Notice of Dispute (defined below) or otherwise failed to comply with the Dispute Assistance Program, by the Escrow Disputes Team.

6. Submission of a final award of an arbitrator chosen pursuant to the Dispute Assistance Program in favor of ADR Practitioner or to the extent of the award of ADR Practitioner.

7. Issuance of an order by a court, arbitrator, or other judicial body of apparent competent jurisdiction in favor of ADR Practitioner, in whole or partially, to the extent required by the order.

8. A condition to release funds to ADR Practitioner described elsewhere in these Escrow Instructions applies.

4.2 RELEASE OF FUNDS TO CLIENT

ADR Practitioner and Client authorize and instruct Jupitice to immediately release funds to the Client on the occurrence of any of the subsequent Release Conditions, such authorization and instruction to be irreversible except as specifically provided in these Escrow Instructions:

1. ADR Practitioner cancels the service contract or accepts Client’s request to cancel the service contract (as described in Section 4.4), and funds for a Milestone or the service contract are held in Escrow.

2. 2. Client and ADR Practitioner have jointly submitted Supplemental Escrow Instructions in writing and signed by both Client and ADR Practitioner to Jupitice at legalnotices@Jupitice.com a Release to the Client, and Jupitice has agreed to the Supplemental Escrow Instructions.

3. Client and ADR Practitioner agree to close the service contract without release of funds to the ADR Practitioner.

4. ADR Practitioner has declined Arbitration or failed to make its Arbitration Payment pursuant to the Dispute Assistance Program.

5. ADR Practitioner has failed to reply to a request timely for a refund submitted through the platform, Notice of Dispute, or otherwise failed in accordance with the Dispute Assistance Program, by the Escrow Disputes Team.

6. Submission of a final award of an arbitrator appointed pursuant to the Dispute Assistance Program in favor of Client or to the extent of the award is in favor of Client.

7. Issuance of an order of a court, arbitrator, or other judicial body of apparent competent jurisdiction in favor of Client, in whole or partially, to the extent required by the order.

8. A condition to discharge funds to Client termed elsewhere in these Escrow Instructions applies.

4.4 REFUNDS AND CANCELLATIONS

Client and ADR Practitioner are encouraged to come to a mutual agreement if refunds or cancellations are necessary. If there are no funds in Escrow, Client and ADR Practitioner have the ability to cancel the service contract by clicking to close the service contract. If funds are held in Escrow, refunds and cancellations must be initiated by Client or ADR Practitioner by following the steps in this Section.

4.4.1 REFUNDS AND CANCELLATIONS BY ADR PRACTITIONER

If ADR Practitioner wants to cancel a service contract with funds held in Escrow, ADR Practitioner must select “End Contract” on the Jupitice platform. When ADR Practitioner ends the service contract on the Jupitice platform, ADR Practitioner and Client agree that Jupitice is authorized and irrevocably instructed to immediately release to the Client all funds held in Escrow on the contract at that time.

ADR Practitioner may issue a refund to Client up to the amount paid on a contract in the past 180 days by selecting “Give a Refund” on the Jupitice platform. ADR Practitioner may not issue a refund in an amount greater than the combined amount of funds held in ADR Practitioner account, funds for transactions pending to be placed in the ADR Practitioner account, and funds for submitted Milestones. By selecting the option to give a refund, ADR Practitioner agrees that Jupitice is authorized and irrevocably instructed to immediately release to the Client account all escrow funds currently held in the ADR Practitioner account and such funds as may be placed into the ADR Practitioner account once the funds are available, until the entire refund is provided to Client.

4.4.2 CANCELLATIONS BY CLIENT

If Client wants to cancel a contract with funds held in Escrow, Client must select “End Contract” on the Jupitice platform. ADR Practitioner must select the option to either approve or dispute Client’s cancellation within 7 calendar days. If ADR Practitioner approves the cancellation, ADR Practitioner and Client agrees that Jupitice is authorized and irrevocably instructed to immediately release to the Client account all funds held in Escrow on the contract at that time. If ADR Practitioner is using the site on a mobile device and doesn't have the ability to select the option to approve or dispute the cancellation on the mobile website or application, ADR Practitioner must dispute Client’s cancellation via support ticket within 7 calendar days. If ADR Practitioner takes no action within 7 calendar days from the date notification of the cancellation is sent to ADR Practitioner by Jupitice, ADR Practitioner and Client agrees that Jupitice is authorized and irrevocably instructed to immediately release to the Client account all funds held in Escrow on the contract at that time. If ADR Practitioner disputes the cancellation, ADR Practitioner and Client will be offered Jupitice Dispute Assistance (as described in Section 6).

4.5 VIOLATION OF JUPITICE TERMS OF SERVICE OR LAW

ADR Practitioner and Client acknowledge and agree that if, in Jupitice sole discretion, Jupitice believes that fraud, illegal activity, or a violation of the Terms of Service has been committed or is being committed or attempted, then Client and ADR Practitioner irrevocably authorize and instruct Jupitice to take such actions as deemed appropriate, in Jupitice’s sole will and in accordance with applicable law, in order to avoid or cure such acts, including without limitation, to return the funds associated with such acts to their source of payment, as described in Section 6.3 of the User Agreement. This Section 4.5 allows Jupitice as permitted by law but otherwise in its sole discretion—to return funds to Client’s Payment Method, continue to hold funds in Escrow, release funds to the ADR Practitioner account, or to turn funds over to third parties such as law enforcement.

5. INSTRUCTIONS IRREVOCABLE

Client and ADR Practitioner are deemed to and hereby agree that the instruction to Jupitice and its wholly owned subsidiaries to release funds is irrevocable, except as explicitly provided in these Escrow Instructions. Without limiting the foregoing, Client’s instruction to Jupitice and its wholly owned subsidiaries to release payment to ADR Practitioner is irrevocable. Such instruction is Client’s authorization to transfer funds to the ADR Practitioner account from the Client account or authorization to charge Client’s Payment Method. Such instruction is additionally Client’s representation that Client has received, inspected, and accepted the subject work or expense. Client acknowledges and agrees that upon receipt of Client’s instruction to release payment to the ADR Practitioner account, Jupitice will transfer funds to the ADR Practitioner account and that Jupitice, Jupitice, and other Affiliates have no responsibility to and may not be able to recover such funds. Therefore, and in consideration of the services described in these Escrow Instructions and the Terms of Service, Client agrees that once Jupitice or its subsidiaries or Affiliates have charged Client’s Payment Method, the charge is non-refundable. Client and ADR Practitioner further agree that the sole manner in which an instruction to Jupitice is revocable is that if Client and ADR Practitioner have jointly submitted Supplemental Escrow Instructions in writing and signed by both Client and ADR Practitioner to Jupitice at legalnotices@Jupitice.com requesting that Jupitice take specific action with respect to the funds in its possession, and Jupitice has agreed to the Supplemental Escrow Instructions.

6. DISPUTE ASSISTANCE PROGRAM

If Client and ADR Practitioner fail to come to a mutual resolution by way of the Refund and Cancellation process as stated in Section 4.4, Jupitice provides the dispute assistance program administered by Jupitice and described in this Section 6 (the “Dispute Assistance Program”) as a mechanism to resolve the dispute. If the funds in dispute are held in Escrow, the Dispute Assistance Program will continue as described in Section 6.1. If the funds in dispute have been unconfined, the Dispute Assistance Program will continue as described in Section 6.2. The Dispute Assistance Program isn't available for disputes filed or initiated past the Dispute Assistance deadlines, as set forth in Sections 6.1 and 6.2, as applicable. The Dispute Assistance Program is offered as a form of non-binding assistance to facilitate communication and potential resolution of disputes between clients and ADR Practitioners. The Dispute Assistance Program as administered by Jupitice in this Section 6 doesn't evaluate the quality or functionality of work and can't render binding judgment or determination as to the parties’ respective rights to the disputed funds.

6.1 DISPUTE OF FUNDS IN ESCROW

This Section applies to disputes filed by Clients or ADR Practitioners over funds that are held in Escrow as on the date the dispute is filed (“Escrow Dispute”). The scope of the Escrow Dispute may cover the whole of the Fixed-Price Contract and all Milestones earlier funded, approved, and released. In the event of an Escrow Dispute, funds in Escrow will remain in Escrow while the Dispute Assistance Program or Arbitration, as applicable, is being administered. The Dispute Assistance Program for an Escrow Dispute will be administered as mentioned below:

1. Escrow Dispute Assistance Deadline: Escrow Disputes must be initiated before the funds in Escrow have been released in order to be eligible for the Dispute Assistance Program under this Section. Disputes over funds that are released from Escrow may be eligible for the Dispute Assistance Program, as described in detail below in Section 6.2.

2. Filing A Dispute

a. ADR Practitioners: ADR Practitioners may initiate an Escrow Dispute when a Client ends the Case with an escrow balance or a Client fails to discharge a Milestone payment, despite any alleged delivery of work. More information on how to file a dispute on active or ended contracts are often found here.

b. Clients: Clients may initiate an Escrow Dispute by requesting an Escrow refund on the platform or by releasing a partial milestone payment. If the ADR Practitioner disputes the Escrow refund or offers a partial Escrow refund that's subsequently rejected by the Client, the case will be referred to the Dispute Assistance Program. More information regarding how to file a dispute on active or ended contracts can be found here.

3. Notice of Escrow Dispute: Once a dispute has been filed, the Escrow dispute team that administers the Disputes Assistance Program (“Escrow Disputes Team”) will notify Client and ADR Practitioner in writing of the Escrow dispute via ticket and request information and supporting documents from the parties (“Notice of Escrow Dispute”).

4. Lack of Participation: Client and ADR Practitioner must respond to the Notice of Escrow Dispute within 5 calendar days. If one party doesn't timely respond to the Notice of Escrow Dispute, Client and ADR Practitioner agrees that the lack of timely response acts as an irrevocable authorization and instruction to Jupitice to release the funds in Escrow from the non-responding party to the responding party.

5. Non-Binding Assistance: After both Client and ADR Practitioner respond to the Notice of Escrow Dispute, the Escrow Disputes Team will review the documentation submitted and any information available on the site that pertains to the dispute. The Escrow Disputes Team will simplify communication between the parties and help to assess whether mutual resolution is possible. The Escrow Disputes Team doesn't evaluate the quality or functionality of work and can't render binding judgment or determination as to the parties’ respective rights to the disputed funds.

6. Resolution of Escrow Dispute: If the Escrow Disputes Team is able to facilitate a resolution between Client and ADR Practitioner, and if Client and ADR Practitioner agrees in writing to the resolution, Client and ADR Practitioner agrees that Jupitice is authorized and irrevocably instructed to immediately release escrow funds in accordance with the agreed-upon resolution and the same will result in an end of the Escrow dispute ticket.

7. No Resolution: If no resolution of the Escrow dispute has been reached within 21 calendar days of the Notice of Escrow Dispute, or if the Escrow Disputes Team determines in its only discretion that no resolution between the parties is possible through the Dispute Assistance Program, the Escrow Disputes Team will issue a “Notice of Non-Resolution” and the Escrow dispute will be referred to Arbitration, as mentioned in Section 7 below.

6.2 DISPUTE OF FUNDS RELEASED

This Section applies to disputes filed by Clients or ADR Practitioners over funds that have been released from Escrow as on the date the dispute is filed (“Dispute Mediation”). The scope of the Dispute Mediation may cover any portion of or the entirety of the Fixed Price Contract and any Milestone earlier funded, approved, and unconfined. The Dispute Assistance Program for Dispute Mediation will be administered as mentioned below:

1. Dispute Mediation Deadline: Dispute Mediation must be initiated within 30 calendar days of the date that funds in Escrow have been released to the ADR Practitioner so as to be entitled for the Dispute Assistance Program under this Section 6.2. Any dispute over funds that have been released from Escrow more than 30 days prior to the date the dispute is filed is no longer eligible for submission to the Dispute Assistance Program.

2. Initiating Dispute Mediation:

a. Requesting a Refund: Clients may initiate Dispute Mediation for disputes over funds that have been released from Escrow by requesting a refund on the platform. If the ADR Practitioner rejects the request for a refund, grants a partial refund that's subsequently rejected by the Client, or takes no action, the dispute will be referred to the Dispute Assistance Program. More information on how to file a dispute on active or ended contracts can be found here.

b. Contacting Support: in addition to the above method, any User may contact Jupitice Support for assistance for initiating Dispute Mediation.

3. Notice of Dispute Mediation: Once a dispute has been initiated, the Jupitice Dispute Mediation team (“Dispute Mediation Team”) will notify Client and ADR Practitioner of the Dispute Mediation in writing and request information and supporting documentation from the parties (“Notice of Dispute Mediation”). Client and ADR Practitioner must respond to the Notice of Dispute Mediation within 5 calendar days. Failure to reply to the Notice of Dispute Mediation within 5 calendar days will result in the suspension of the non-participating party’s User account, as defined in Section 1.4 of the User Agreement, which may impact the non-participating party’s capacity to withdraw funds.

4. Non-Binding Assistance: Once both Client and ADR Practitioner respond to the Notice of Dispute Mediation, the Dispute Mediation Team will review the documentation submitted and any information available on the site that pertains to the dispute. The Dispute Mediation Team will facilitate communication between the parties and help to assess whether mutual resolution is possible. The Dispute Mediation Team doesn't evaluate the quality or functionality of work and can't render binding judgment or determination on the parties’ respective rights to the disputed funds.

5. Resolution of Dispute Mediation: If the Dispute Mediation Team is in a position to facilitate a resolution between Client and ADR Practitioner, and if Client and ADR Practitioner agree in writing to the resolution, the Dispute Mediation Team will direct the applicable party instructions on transferring payment, if any, to an Escrow Account. By agreeing in writing to the resolution, Client and ADR Practitioner agree that Jupitice is authorized and irrevocably instructed to immediately release escrow funds in accordance with the agreed-upon resolution. This will result in the end of the Dispute Mediation ticket.

6. No Resolution: If no resolution of the dispute has been reached within 21 calendar days of the Notice of Dispute Mediation, or if the Dispute Mediation Team determines in its sole discretion that there is uncertainty between the parties through the Dispute Assistance Program, the Dispute Mediation Team will issue a “Notice of Non-Resolution,” and the dispute will be referred to Arbitration, as mentioned in Section 7 below.

7. ARBITRATION

After a “Notice of Non-Resolution” is issued from the Jupitice Dispute Assistance Program, ADR Practitioner and Client each has the right to demand Arbitration of a Fixed-Price Contract if the Fixed-Price Escrow accompanying with the Fixed-Price Contract has been funded at least once. The request for Arbitration must be communicated to the Escrow Disputes Team or Dispute Mediation Team, as applicable, within 7 calendar days of the date of the Notice of Non-Resolution. In any Arbitration, each of you and the other User is a “Dispute Party,” and collectively you're the “Dispute Parties.” Any Arbitration under this Section 7 will be conducted by a neutral third-party Arbitration service, Indian Council of Arbitration (The “ICA”) unless Jupitice chooses another Arbitration service.

7.1 ARBITRATION INITIATION PROCEDURE

1. Notice of Arbitration Demand: Client and ADR Practitioner have 7 calendar days after receiving the Notice of Non-Resolution to notify Jupitice via a dispute ticket of their intent to initiate Arbitration. The Jupitice Dispute Team will then provide a “Notice of Arbitration Demand” to both Client and ADR Practitioner and provide the Dispute Parties with information on the way to submit Client’s or ADR Practitioner’s applicable portion of the costs of Arbitration (the “Arbitration Payment”). To proceed with Arbitration, Client and ADR Practitioner must each make the Arbitration Payment within 5 calendar days of the Notice of Arbitration Demand.

2. Jupitice Disputes:

a. Rejection of Arbitration or non-participation by both parties: If both Dispute Parties decline to take the matter to Arbitration or don't make the Arbitration Payment within 5 calendar days of the Notice of Arbitration Demand, Client and ADR Practitioner agree that Jupitice is authorized and irrevocably instructed to immediately release the funds in Escrow, if any, to the Client’s primary payment method on file, this will close the Escrow Dispute ticket. To the extent the parties wish to take legal action to enforce their contractual rights, Jupitice may provide contact information on file for Client or ADR Practitioner, consistent with Jupitice’s Privacy Policy.

b. Rejection of Arbitration or non-participation by one party: If one party elects to take the matter to Arbitration and has submitted the Arbitration Payment (“Participating Party”), and the other party rejects Arbitration, fails to submit the Arbitration Payment or doesn't respond within 5 calendar days of the Notice of Arbitration Demand (“Non-Participating Party”), ADR Practitioner and Client agree that Jupitice is authorized and irrevocably instructed to immediately discharge the funds in Escrow, if any, to the Participating Party. This will close the Escrow Dispute ticket. To the extent the parties wish to take legal action to implement their contractual rights, Jupitice may provide contact information on file for Client or ADR Practitioner, consistent with Jupitice’s Privacy Policy.

3. Jupitice Dispute Mediation

a. Rejection of Arbitration or non-participation by both parties: If both Dispute Parties decline to take the interest Arbitration or don't respond to Jupitice’s Notice of Arbitration Demand within 5 calendar days, the Dispute Mediation ticket will be shut. To the extent the parties wish to take legal action to enforce their contractual rights, Jupitice may provide contact information on file of Client or ADR Practitioner, consistent with Jupitice’s Privacy Policy.

b. Rejection of Arbitration or non-participation by one party: If one party elects to take the matter to Arbitration and has submitted the Arbitration Payment, and the other party rejects Arbitration, fails to submit the Arbitration Payment or doesn't respond within 5 calendar days of the Notice of Arbitration Demand, Jupitice will suspend the Non-Participating Party’s User account, as defined in Section 1.4 of the User Agreement, which effect the Non-Participating Party’s ability to withdraw funds.

4. Arbitration Instructions: If both parties timely submit the Arbitration Payment, Jupitice will instruct the parties on the process for initiating the Arbitration with the Arbitration service provider. After the parties have initiated the Arbitration, Jupitice will provide the arbitrator with relevant documentation, including information collected in the Escrow Dispute or Dispute Mediation process and contents of the Contract Room. The purview of Arbitration covers the Fixed-Price Contract and all Milestones previously funded, approved, and released.

7.2 AUTHORIZATION TO COLLECT ARBITRATION FEES

When you electronically authorize payment of the invoice for the Arbitration Payment as emailed to you by Jupitice, you irrevocably authorize and instruct (i) Jupitice or its Affiliates, as your agent, to charge your Payment Method for the amount of the payment for credit to your Escrow Account; and (ii) Jupitice, as escrow agent, to immediately release that amount from your Escrow Account and pay it to Jupitice. If Jupitice or its Affiliates cannot collect sufficient funds to satisfy the Escrow release instructions for any reason, Jupitice has no obligation with respect to making the payment to Jupitice on your behalf, and you'll be considered as not having paid the Arbitration Payment as required by this Section 7.2.

7.3 LIMITATIONS PERIOD FOR ARBITRATIONS

If both Client and ADR Practitioner fail to demand Arbitration within 7 calendar days of the Notice of Non-Resolution, fail to timely submit the Arbitration Payments, or fail to respond to the Notice of Arbitration Demand within 5 calendar days, then the dispute is no longer eligible for Arbitration under this process, and Client and ADR Practitioner will be deemed to have irrevocably authorized and instructed Jupitice to, and Jupitice will, release all funds in the Fixed-Price Escrow Account to the Client’s Escrow Account.

7.4 ARBITRATION AWARD

Client and ADR Practitioner agree that the arbitrator is authorized to make a decision the Escrow Dispute or Dispute Mediation within its discretion. You agree that the arbitrator’s award is final, that it may entered in and enforced by any court of competent jurisdiction, which if the arbitrator sends notice of any award to Jupitice, then Jupitice and Jupitice have the right to treat such notice as conclusive and act in reliance thereon.

8. SERVICE FEES FOR ESCROW FUNDS RELEASED FOLLOWING DISPUTE ASSISTANCE

All Escrow funds unconfined under the Dispute Assistance Program are subject to the normal Service Fees associated with Escrow Accounts, as comprehensive in the User Agreement and these Escrow Instructions.

9. NOTICES

All notices to a User required by these Escrow Instructions will be made via email sent by Jupitice to the User’s registered email address. Users are solely liable for maintaining a current, active email address registered with Jupitice, for checking their registered email address, and for responding to notices sent by Jupitice to the User’s registered email address.

10. COOPERATION WITH THE DISPUTE ASSISTANCE PROGRAM

All claims, disputes, or other disagreements between you and another User that are covered by the Dispute Assistance Program must be decided by the following terms in the Dispute Assistance Program. All claims filed or brought contrary to the Dispute Assistance Program will be considered improperly filed, unless otherwise required by law, and Jupitice will have the right to take any other action, including suspension or termination of your User Account, as defined in Section 1.4 of the User Agreement, which may impact your ability to withdraw funds, and the other legal action as Jupitice deems appropriate in its sole discretion.

11. ABUSE

Jupitice, in its sole discretion, reserves the right to suspend or terminate your User Account, as defined in Section 1.4 of the User Agreement, immediately upon giving notice to you if Jupitice believes you'll be abusing the Dispute Assistance Program or as otherwise permitted by the Terms of Service, which may impact your ability to withdraw funds. However, any disputes for any Fixed-Price Contracts that existed before conclusion will be subject to the Terms of Service.

Hourly Agreement with Escrow Instructions

If a Client and ADR Practitioner enters into an Hourly Contract, if Client makes a bonus or expense payment to ADR Practitioner, this Agreement will also apply to Bonus, and Expense Payment (“Agreement”).

To the extent permitted by appropriate law, we may amend this Agreement, and therefore the Escrow Instructions it contains, without prior notice or intimation to you, and any revisions to the Agreement will become effective immediately when published on the site unless otherwise stated. For further updates, go to our site.

This Agreement hereby integrates by reference the Terms of Service. Capitalized terms not defined during this Agreement are defined within the User Agreement, elsewhere within the Terms of Service, or have the same meaning given to such term on the site. The Escrow Instructions during this Agreement don't apply to Fixed-Price Escrow Accounts, except making and receiving of bonus, expense and other miscellaneous payments for Fixed-Price Contracts.

1. DIGITAL SIGNATURE

By clicking to accept an Hourly Contract or make a bonus payment, Client and ADR Practitioner are deemed to have executed this Agreement electronically, effective on the date ADR Practitioner clicks to accept an Hourly Contract pursuant to as per Indian Law(s) including Information Technology Act 2000, as amended from time to time. Doing so creates an acknowledgement that you are capable to electronically receive, download, and print this Agreement and the Escrow Instructions it contains.

2. MAKING OR RECEIVING AN HOURLY PAYMENT
2.1 WEEKLY HOURLY INVOICES

For Hourly Contracts, the weekly billing cycle starts Monday at 00:00 midnight IST and ends Sunday at 23:59 IST. Invoices for hours recorded on Jupitice in the Work Diary are generated each Monday following the week in which the hours were billed (the "Hourly Invoice Deadline"). ADR Practitioner irrevocably authorizes and instructs Jupitice, as its agent, to

i. create an invoice on behalf of ADR Practitioner for payment due based upon the hours that the ADR Practitioner recorded in the Work Diary before the Hourly Invoice Deadline (such invoice, the "Hourly Invoice"); and

ii. submit the Hourly Invoice on behalf of ADR Practitioner to ADR Practitioner's Client for payment. For avoidance of any doubt, “Work Diary” is a section at Jupitice where hours can be recorded in an Hourly Contract.

By recording time in the Work Diary and allowing an Hourly Invoice to be created based on the time recorded, ADR Practitioner represents and warrants that (a) ADR Practitioner has rendered the applicable ADR Services to fully and satisfactorily; and (b) the hours ADR Practitioner reports are true, accurate, and complete.

2.2. INVOICE REVIEW

Client must review and approve or dispute the Hourly Invoice by 11:59 PM IST of the Friday following submission of the Hourly Invoice. Payments are accepted to be held in escrow during the Dispute Period (defined below), providing four additional days to review the dispute pertaining to the invoice before funds are released. During the Dispute Period, Client may initiate a Dispute on some or all of the time invoiced on the Hourly Invoice.

On the Friday of the week following submission of the Hourly Invoice, Client will be deemed to have approved all undisputed amounts on the Hourly Invoice, and irrevocably instructed Jupitice Escrow to release escrow funds as defined in this Agreement.

3. MAKING OR RECEIVING A BONUS OR EXPENSE PAYMENT

Client may also make a Bonus, Tip, Expense, or Other miscellaneous payment to ADR Practitioner using the Site. To make such a payment to a ADR Practitioner, Client must follow the instructions and links on the Site and provide the information requested. If Client clicks to pay such a payment to ADR Practitioner, Client irrevocably instructs Jupitice Escrow to release the funds and Jupitice Escrow will release escrow funds as described in this Agreement.

4. INSTRUCTIONS TO PAY IRREVOCABLE

Client’s instruction to Jupitice Escrow and/ or its wholly owned subsidiaries to pay a ADR Practitioner is irrevocable. Such instruction is Client’s authorization to transfer funds to ADR Practitioner from Jupitice Escrow Account or authorization to charge Client’s Payment Method. Such instruction is additionally Client’s representation that Client has received, inspected, and accepted the subject work or expense. Client acknowledges and agrees that upon receipt of Client’s instruction to pay ADR Practitioner, Jupitice Escrow will transfer funds to the ADR Practitioner which Jupitice haven't any responsibility to and may not be capable to improve such funds. Therefore, and in consideration of services described in this Agreement, Client agrees that once Jupitice Escrow or its subsidiary has charged Client’s Payment Method, the charge is non-refundable.

5. RELEASE AND DELIVERY OF AMOUNTS IN ESCROW

In addition, Jupitice Escrow is authorized to and will release applicable portions of the Client (each portion, a “Release”) to the ADR Practitioner, upon the happening of and according to the one or more Release Conditions mentioned below or as otherwise required by applicable law or the Terms of Service. The amount of the Release will be delivered to the ADR Practitioner, according to the ADR Practitioner’s and Client’s instructions, as applicable, these Escrow Instructions, and the other Terms of Service.

5.1 RELEASE CONDITIONS

It means any of the following:

1. Client and ADR Practitioner have submitted joint written instructions for a Release.

2. Client has approved all or a portion of the ADR Practitioner's Hourly Invoice. This Release Condition will only apply to amounts invoiced by the ADR Practitioner that Client has approved. Client’s failure to dispute an Hourly Invoice, or a share of an Hourly Invoice, within the Dispute Period pursuant to this Agreement, or as otherwise provided in the Escrow Instructions, constitutes support by the Client for resolutions of this Release Condition.

3. Jupitice reviews Client's dispute of amounts invoiced on ADR Practitioner's Hourly Invoice for an Hourly Contract with Work Diaries pursuant to this Agreement and determines whether the time is related to the Hourly Contract requests or Client's instructions.

4. Client initiates a Dispute with respect to ADR Practitioner's Hourly Invoice for an Hourly Contract with Work Diaries pursuant to this Agreement and Client and ADR Practitioner resolve the dispute without the assistance of Jupitice.

5. Issuance of a final order of a court or arbitrator of competent jurisdiction from which appeal is not taken, in such case the funds will be unconfined in accordance with such order

6. If we believe, in our sole discretion that fraud, an illegal act or violation of Jupitice's Terms of Service has been committed or is being committed or attempted, in such case Client and ADR Practitioner hereby irrevocably authorize and instruct Jupitice Escrow to take such actions as we deem suitable in our sole preference and in accordance with applicable law, in order to prevent or remedy such acts, including without limitation to return the funds accompanying with such acts to their source of payment.

6. HOURLY PAYMENT PROTECTION

Jupitice provides limited payment protection to Users as detailed in this Section 6 ("Hourly Payment Protection").

6.1 FOR ADR PRACTITIONERS

In a rare event where ADR Practitioner’s client doesn't make payment for legitimate services performed by ADR Practitioner, Jupitice won't charge commission upto USD 2500 or the particular payment not made by the client whichever is a smaller amount, to foster fairness, reward loyalty, and encourage the ADR Practitioner to still use the site Services for his or her or its business needs. Hourly Payment Protection is going to be offered to ADR Practitioner as long as all of the subsequent criteria are met in Jupitice's sole discretion:

1. Both Client and ADR Practitioner must have agreed to use Work Diaries upon acceptance of the Hourly Contract, as part of the terms.

2. Client must have an Account in good standing and a valid and verified Payment Method at the start of the Hourly Contract, and must agree to automatically pay for hours billed by ADR Practitioner through Work Diaries.

3. ADR Practitioner's Account must be in good standing.

4. ADR Practitioner must have used Work Diaries enabled to document any and all hours covered by the Hourly Payment Protection for ADR Practitioners.

5. Prior to any Hourly Invoice being submitted, ADR Practitioner must have annotated the screenshots documented in Work Diaries sufficient to demonstrate the work relates to the Hourly Contract.

6. The screenshots documented by Work Diaries must be undoubtedly linked to the applicable Hourly Contract requirements or Client instructions.

7. The number of hours billed in the Work Diaries must be within the hours sanctioned in the Hourly Contract for the week.

8. Within five days after notification of rejected or unpaid time, ADR Practitioner must submit a Dispute specifically identifying the documented work not otherwise paid for by the Client through the Escrow Services.

Jupitice will investigate & determine in its sole discretion whether above terms & conditions are met.

Hourly payment protection does not apply to:

(a) hours invoiced for work not agreed to or authorized or authorized by client;

(b) bonus payments;

(c) refunds;

(d) manual time;

(e) time added after Client has disputed a billing and before the resolution of that dispute;

(f) Fixed-Price Contracts;

(h) any payments on Hourly Contracts where the Hourly Contract or the services provided thereunder are prohibited by the Terms of Service;

(i) hours billed by ADR Practitioners whom Jupitice believes, in its sole discretion, to be aware of or complicit in another User’s violation of this Agreement or the other Terms of Service; or

(j) ADR Practitioners whom Jupitice believes, in its sole discretion, to be involved in actual fraudulent activities or abuse of this Payment Protection.

TThe maximum rate per hour protected by Jupitice to ADR Practitioner under the Hourly Payment Protection for ADR Practitioners is that the lesser of:

(i) the rate provided in the Hourly Contract terms;

(ii) the usual hourly rate billed by ADR Practitioner on the Site across all Clients; and

(iii) the going rates for the same skills on the Site in ADR Practitioner's area (such determination to be made in Jupitice's sole discretion).

The maximum amount of coverage under the Hourly Payment Protection for ADR Practitioners for the life of a relationship between the same Client and ADR Practitioner is $2,500 or 50 hours logged/listed in Work Diary, whichever is less.

6.2. FOR CLIENTS

ADR Practitioner authorizes and instructs Jupitice to regulate the Hourly Invoice to adjust the hourly invoice to remove invoiced hours that aren't (a) clearly associated with either the Hourly Contract terms or work agreed to by the Client, and (b) within the hours authorized within the Hourly Contract for the week, subject to and conditioned on the subsequent terms:

  • Both Client and ADR Practitioner must agree to use Work Diaries as a part of the Hourly Contract terms.
  • Client must have an Account in good standing and a valid and verified default Payment Method, and Client must agree with automatically pay for hours billed by ADR Practitioner within the Hourly Invoices. Within the Hourly Invoice Review Period, Client must submit a Dispute specifically identifying the time billed that's not clearly associated with either the Hourly Contract requirements or Client instructions within the Work Diaries.

Jupitice will investigate and determine in its sole discretion whether the above terms and conditions are met.

Hourly Protection for Clients only protects Client from the obligation to pay for ADR Practitioner’s work if the documented hours worked aren't clearly associated with the Hourly Contract requirements or Client instructions in the Work Diaries. If Client has requested that the ADR Practitioner use functionality of the site or third-party software that hides, blurs, or distorts images within the Work Diary, the screenshots will be deemed to be “clearly related” to the Hourly Contract requirements for purposes of the Client's eligibility for Hourly Payment Protection. Hourly Payment Protection for Clients doesn't generate any warranties, express or implied, beyond those specifically stated in the User Agreement.

Hourly Protection for Clients doesn't apply to:

(1) Fixed-Price Contracts;

(2) hours billed by ADR Practitioners who are conscious of or complicit in another User's violation of this Agreement or the Terms of Service.

7. DISPUTES BETWEEN CLIENT AND ADR PRACTITIONER

7.1 DISPUTES INITIATED VIA THE PLATFORM

For Hourly Contracts, Client may dispute ADR Practitioner’s hours invoiced on the Hourly Invoice for the prior week (Sunday 12:00 a.m. midnight IST to Sunday 11:59 p.m. IST) during the five days following the close of the weekly invoice period (Monday 12:00 a.m. midnight IST to Friday 11:59 p.m. IST) (the “Dispute Period “). It's Client’s responsibility to review the Hourly Invoice of each Hourly Contract on a weekly basis and to file any disputes during the Dispute Period. Once the Dispute Period expires, Client are going to be deemed to have accepted the ADR Practitioner Services and ADR Practitioner Fees and can no longer dispute them. Disputes handled by Jupitice can only address the hours billed, not the quality of the ADR Practitioner Services or the Work Product provided under Hourly Contracts. If Client disputes ADR Practitioner’s hours invoiced within the Hourly Invoice under an Hourly Contract during the Dispute Period, Client and ADR Practitioner are encouraged to resolve the dispute between themselves. If Client and ADR Practitioner fail to come to a resolution, Jupitice will promptly investigate the Hourly Invoice and determine in its sole discretion, whether an adjustment is appropriate consistent with Client’s and ADR Practitioner’s instructions in these Escrow Instructions. Jupitice's determination of such dispute shall be final.

If Client’s payment is unsuccessful, Jupitice will review the Weekly Invoice to determine if it qualifies for Hourly Payment Protection. If Jupitice, in its sole discretion, determines that the Weekly Invoice qualifies for Hourly Payment Protection, it'll make payment to the ADR Practitioner to cover the Hourly Invoice on behalf of the Client. In the event that Jupitice makes payment on behalf of the Client, ADR Practitioner hereby irrevocably assigns any right, title or interest in any payment from Client to Jupitice for the amount paid by Jupitice. Client may choose to approve ADR Practitioner’s Weekly Invoice prior to the end of the Dispute Period thereby releasing payment for the Weekly Invoice. If Client releases payment to ADR Practitioner prior to the end of the Dispute Period, Client certifies that it approves the Weekly Invoice, accepts the work, and waives any further right to dispute the work or Weekly Invoice through Jupitice's Dispute Assistance (defined below).

You acknowledge and agree that Jupitice Escrow or its Affiliates may, at its sole discretion, withhold or delay payment in the event of dispute between a Client and a ADR Practitioner. You further acknowledge and agree that Jupitice and Affiliates aren't and will not be a party to any dispute between a Client and ADR Practitioner over an Hourly Invoice or Hourly Contract.

7.2 JUPITICE DISPUTE ASSISTANCE

Non-binding dispute assistance (“Dispute Assistance”) is available within 30 days of the date of the last release of funds from Client to ADR Practitioner. If Client or ADR Practitioner contacts Jupitice via support ticket within 30 days of the date of the last payment from Client to ADR Practitioner and requests non-binding dispute assistance for any dispute among them (a “Dispute”), Jupitice will attempt to assist Client and ADR Practitioner by reviewing the Dispute and proposing a mutual, non-binding resolution. Jupitice will only review the 30 days of work performed prior to the date a user requests Dispute Assistance.

  • The Jupitice Disputes team will notify Client and ADR Practitioner via ticket by providing a notice of dispute along with a request for information and supporting documentation.
  • If both Client and ADR Practitioner respond to the notice and request for information, then the Disputes team will review the documentation submitted and any information available on the site that pertains to the Dispute. After review, the Dispute Assistance team will put forward a mutual, non-binding determination on the basis of the outcomes of the review.
  • The proposed resolution is non-binding; Client and ADR Practitioner can choose whether or to not comply with it. If Client and ADR Practitioner agree in writing to the proposed resolution, Client and ADR Practitioner agree that Jupitice Escrow is authorized and irrevocably instructed to immediately release escrow funds in accordance with the proposed resolution.
  • If Client or ADR Practitioner rejects Jupitice’s proposed, non-binding resolution then Client and/or ADR Practitioner must pursue the Dispute independently.
  • Jupitice reserves the right to review the ADR Practitioner’s work for 30 days prior to the date of the request for Dispute Assistance for compliance with Hourly Payment Protection requirements, and in its sole discretion, to form adjustments to invoices, and to direct Jupitice Escrow to make appropriate releases to Client if it finds that work doesn't clearly relate to the Hourly Contract requirements or Client instructions in the Work Diaries or violate the Terms of Service during review of the work.
8. NO RESPONSIBILITY FOR SERVICES OR PAYMENTS

Jupitice and Affiliates merely provide a platform for Internet payment services. Jupitice and Affiliates don't have any responsibility or control over the ADR Practitioner Services that Client purchases. Nothing in this Agreement deems or will be interpreted to deem Jupitice or any Affiliate as Client’s or ADR Practitioner’s agent with reference to any ADR Practitioner Services, or enlarge or alter any warranty, liability or indemnity stated in the Terms of Service for instance, Jupitice doesn't guarantee the performance, functionality, quality, or timeliness of ADR Practitioner Services or that a Client can or will make payments.

Fixed Price Service Contract & Tiered Price Service Contract Escrow Instructions

If a Client and a ADR Practitioner enter into a Fixed-Price Contract on the Jupitice site, these Fixed Price service contract Escrow Instructions (“Escrow Instructions”) apply. These Escrow Instructions govern Fixed-Price Escrow Accounts. If you've got a Fixed-Price Contract and willing to make or accept miscellaneous or bonus payment, those activities are governed by the Hourly, Bonus, and Expense Payment Agreement with Escrow Instructions.

To the extent permitted by applicable law, we may amend these Escrow Instructions without prior notice to Client/s and/or ADR Practitioners, and any changes or modifications to those Escrow Instructions will come in to immediate effect when published on the site unless otherwise stated. The version of those Escrow Instructions in effect on the date any Fixed-Price Contract is entered into apply to that contract. For further updates feel free to visit our site.

These Escrow Instructions hereby integrate by reference the Terms of Service (“Terms of Service”). Capitalized terms not well-defined in these Escrow Instructions are defined in the User Agreement or elsewhere in the Terms of Service, or have the same meaning given to such terms on the site. For purposes of these Escrow Instructions, the term “ADR Practitioner” means a User with a ADR Practitioner and/or Agency account.

1. DIGITAL SIGNATURE AND COMMUNICATIONS

By clicking to fund Escrow (a “Funding Approval”) or to accept a Fixed-Price Contract, Client and ADR Practitioner are supposed to possess and execute these Escrow Instructions electronically, in effect on the date ADR Practitioner clicks to accept the engagement, pursuant to Indian Law(s) including Information Technology Act 2000, as could also be amended from time to time (the "E-Sign Act"). Doing so establishes an acknowledgement that you are able to electronically receive, download, and print these Escrow Instructions. All references to the Escrow in these Escrow Instructions will include the preliminary Funding Approval and any additional Funding Approval for a Fixed-Price Contract.

Client and ADR Practitioner agrees that any written communications required herein could also be provided electronically, including by email or support ticket, if applicable. Any communication sent to Jupitice via India mail or similar service are going to be deemed timely if received by Jupitice by the applicable deadline.

2. ACCEPTANCE OF ESCROW INSTRUCTIONS

Once a Client and ADR Practitioner have agreed to a contract, and therefore the Client and ADR Practitioner have selected “Agree” on the send offer, accept offer, or pages concerning the contract to simply accept the Terms of Service (including these Escrow Instructions), these Escrow Instructions constitute a binding agreement between Client, ADR Practitioner, and Jupitice (“Jupitice”) (collectively, the “Parties”). Client and ADR Practitioner must perform (by digital signature or mutually prescribed by both parties), and Jupitice must act in accordance with, any supplemental instruction or adding, abstraction or alteration thereto in writing (collectively the “Supplemental Escrow Instruction”). Jupitice retains the right to reject any Supplemental Escrow Instruction.

3. DEPOSIT OF FUNDS INTO ESCROW

By sending a contract offer to ADR Practitioner or accepting a contract offer from ADR Practitioner, Client agrees to deposit funds for the amount of the First Milestone (as defined on the Site), or, if there are not any Milestones, the complete amount of the service contract. Additional Milestones could also be funded on an equivalent contract by Client by selecting the button to add an additional Milestone or to activate subsequent Milestone on the site. Funds deposited by Client remain in the Jupitice Account until they're released to the ADR Practitioner or released to Client. Jupitice will release funds held in escrow pursuant to Section 4 of those Escrow Instructions (Release and Delivery of Amounts in Escrow).

4. RELEASE AND DELIVERY OF AMOUNTS IN ESCROW

Client and ADR Practitioner irrevocably authorize and instruct Jupitice to release applicable portions of the Fixed-Price Escrow Account (each portion, a “Release”) to the ADR Practitioner or Client, as applicable, supported the instructions described in this Section 4 (each such instruction, a “Release Condition”), or as otherwise required by applicable law or expressly permitted by the Terms of Service. The amount of each Release will be delivered to the applicable Escrow Account in accordance with ADR Practitioner’s or Client’s instructions, these Escrow Instructions, and other Terms of Service. All funds released pursuant to those Escrow Instructions are subject to applicable fees as described in the Fee Agreement.

4.1 RELEASE OF FUNDS TO ADR PRACTITIONER

ADR Practitioner and Client authorize and instruct Jupitice to release funds immediately to the ADR Practitioner on the occurrence of any of the subsequent Release Conditions, such authorization and instruction to be irrevocable except as expressly provided in these Escrow Instructions:

1. Client affirmatively selects the choice to release funds for a Milestone or service contract to ADR Practitioner.

2. Client doesn't take any action for 14 calendar days from the date of ADR Practitioner’s Release request, in such case ADR Practitioner and Client agrees that Jupitice is authorized and instructed to immediately release to ADR Practitioner the amount associated with the applicable Milestone in reference to such Release request. 3. 3. Client and ADR Practitioner have jointly submitted Supplemental Escrow Instructions in writing and signed by both Client and ADR Practitioner to Jupitice at legalnotices@Jupitice.com requesting a Release to ADR Practitioner, and Jupitice has agreed to the Supplemental Escrow Instructions.

4. Client has declined Arbitration or failed to make its Arbitration Payment (defined below) pursuant to the Dispute Assistance Program, and ADR Practitioner has agreed to Arbitration and submitted its Arbitration Payment.

5. Client has failed to reply timely to a Notice of Dispute (defined below) or otherwise failed to comply with the Dispute Assistance Program, by the Escrow Disputes Team.

6. Submission of a final award of an arbitrator chosen pursuant to the Dispute Assistance Program in favor of ADR Practitioner or to the extent of the award of ADR Practitioner.

7. Issuance of an order by a court, arbitrator, or other judicial body of apparent competent jurisdiction in favor of ADR Practitioner, in whole or partially, to the extent required by the order.

8. A condition to release funds to ADR Practitioner described elsewhere in these Escrow Instructions applies.

4.2 RELEASE OF FUNDS TO CLIENT

ADR Practitioner and Client authorize and instruct Jupitice to immediately release funds to the Client on the occurrence of any of the subsequent Release Conditions, such authorization and instruction to be irreversible except as specifically provided in these Escrow Instructions:

1. ADR Practitioner cancels the service contract or accepts Client’s request to cancel the service contract (as described in Section 4.4), and funds for a Milestone or the service contract are held in Escrow.

2. 2. Client and ADR Practitioner have jointly submitted Supplemental Escrow Instructions in writing and signed by both Client and ADR Practitioner to Jupitice at legalnotices@Jupitice.com a Release to the Client, and Jupitice has agreed to the Supplemental Escrow Instructions.

3. Client and ADR Practitioner agree to close the service contract without release of funds to the ADR Practitioner.

4. ADR Practitioner has declined Arbitration or failed to make its Arbitration Payment pursuant to the Dispute Assistance Program.

5. ADR Practitioner has failed to reply to a request timely for a refund submitted through the platform, Notice of Dispute, or otherwise failed in accordance with the Dispute Assistance Program, by the Escrow Disputes Team.

6. Submission of a final award of an arbitrator appointed pursuant to the Dispute Assistance Program in favor of Client or to the extent of the award is in favor of Client.

7. Issuance of an order of a court, arbitrator, or other judicial body of apparent competent jurisdiction in favor of Client, in whole or partially, to the extent required by the order.

8. A condition to discharge funds to Client termed elsewhere in these Escrow Instructions applies.

4.4 REFUNDS AND CANCELLATIONS

Client and ADR Practitioner are encouraged to come to a mutual agreement if refunds or cancellations are necessary. If there are no funds in Escrow, Client and ADR Practitioner have the ability to cancel the service contract by clicking to close the service contract. If funds are held in Escrow, refunds and cancellations must be initiated by Client or ADR Practitioner by following the steps in this Section.

4.4.1 REFUNDS AND CANCELLATIONS BY ADR PRACTITIONER

If ADR Practitioner wants to cancel a service contract with funds held in Escrow, ADR Practitioner must select “End Contract” on the Jupitice platform. When ADR Practitioner ends the service contract on the Jupitice platform, ADR Practitioner and Client agree that Jupitice is authorized and irrevocably instructed to immediately release to the Client all funds held in Escrow on the contract at that time.

ADR Practitioner may issue a refund to Client up to the amount paid on a contract in the past 180 days by selecting “Give a Refund” on the Jupitice platform. ADR Practitioner may not issue a refund in an amount greater than the combined amount of funds held in ADR Practitioner account, funds for transactions pending to be placed in the ADR Practitioner account, and funds for submitted Milestones. By selecting the option to give a refund, ADR Practitioner agrees that Jupitice is authorized and irrevocably instructed to immediately release to the Client account all escrow funds currently held in the ADR Practitioner account and such funds as may be placed into the ADR Practitioner account once the funds are available, until the entire refund is provided to Client.

4.4.2 CANCELLATIONS BY CLIENT

If Client wants to cancel a contract with funds held in Escrow, Client must select “End Contract” on the Jupitice platform. ADR Practitioner must select the option to either approve or dispute Client’s cancellation within 7 calendar days. If ADR Practitioner approves the cancellation, ADR Practitioner and Client agrees that Jupitice is authorized and irrevocably instructed to immediately release to the Client account all funds held in Escrow on the contract at that time. If ADR Practitioner is using the site on a mobile device and doesn't have the ability to select the option to approve or dispute the cancellation on the mobile website or application, ADR Practitioner must dispute Client’s cancellation via support ticket within 7 calendar days. If ADR Practitioner takes no action within 7 calendar days from the date notification of the cancellation is sent to ADR Practitioner by Jupitice, ADR Practitioner and Client agrees that Jupitice is authorized and irrevocably instructed to immediately release to the Client account all funds held in Escrow on the contract at that time. If ADR Practitioner disputes the cancellation, ADR Practitioner and Client will be offered Jupitice Dispute Assistance (as described in Section 6).

4.5 VIOLATION OF JUPITICE TERMS OF SERVICE OR LAW

ADR Practitioner and Client acknowledge and agree that if, in Jupitice sole discretion, Jupitice believes that fraud, illegal activity, or a violation of the Terms of Service has been committed or is being committed or attempted, then Client and ADR Practitioner irrevocably authorize and instruct Jupitice to take such actions as deemed appropriate, in Jupitice’s sole will and in accordance with applicable law, in order to avoid or cure such acts, including without limitation, to return the funds associated with such acts to their source of payment, as described in Section 6.3 of the User Agreement. This Section 4.5 allows Jupitice as permitted by law but otherwise in its sole discretion—to return funds to Client’s Payment Method, continue to hold funds in Escrow, release funds to the ADR Practitioner account, or to turn funds over to third parties such as law enforcement.

5. INSTRUCTIONS IRREVOCABLE

Client and ADR Practitioner are deemed to and hereby agree that the instruction to Jupitice and its wholly owned subsidiaries to release funds is irrevocable, except as explicitly provided in these Escrow Instructions. Without limiting the foregoing, Client’s instruction to Jupitice and its wholly owned subsidiaries to release payment to ADR Practitioner is irrevocable. Such instruction is Client’s authorization to transfer funds to the ADR Practitioner account from the Client account or authorization to charge Client’s Payment Method. Such instruction is additionally Client’s representation that Client has received, inspected, and accepted the subject work or expense. Client acknowledges and agrees that upon receipt of Client’s instruction to release payment to the ADR Practitioner account, Jupitice will transfer funds to the ADR Practitioner account and that Jupitice, Jupitice, and other Affiliates have no responsibility to and may not be able to recover such funds. Therefore, and in consideration of the services described in these Escrow Instructions and the Terms of Service, Client agrees that once Jupitice or its subsidiaries or Affiliates have charged Client’s Payment Method, the charge is non-refundable. Client and ADR Practitioner further agree that the sole manner in which an instruction to Jupitice is revocable is that if Client and ADR Practitioner have jointly submitted Supplemental Escrow Instructions in writing and signed by both Client and ADR Practitioner to Jupitice at legalnotices@Jupitice.com requesting that Jupitice take specific action with respect to the funds in its possession, and Jupitice has agreed to the Supplemental Escrow Instructions.

6. DISPUTE ASSISTANCE PROGRAM

If Client and ADR Practitioner fail to come to a mutual resolution by way of the Refund and Cancellation process as stated in Section 4.4, Jupitice provides the dispute assistance program administered by Jupitice and described in this Section 6 (the “Dispute Assistance Program”) as a mechanism to resolve the dispute. If the funds in dispute are held in Escrow, the Dispute Assistance Program will continue as described in Section 6.1. If the funds in dispute have been unconfined, the Dispute Assistance Program will continue as described in Section 6.2. The Dispute Assistance Program isn't available for disputes filed or initiated past the Dispute Assistance deadlines, as set forth in Sections 6.1 and 6.2, as applicable. The Dispute Assistance Program is offered as a form of non-binding assistance to facilitate communication and potential resolution of disputes between clients and ADR Practitioners. The Dispute Assistance Program as administered by Jupitice in this Section 6 doesn't evaluate the quality or functionality of work and can't render binding judgment or determination as to the parties’ respective rights to the disputed funds.

6.1 DISPUTE OF FUNDS IN ESCROW

This Section applies to disputes filed by Clients or ADR Practitioners over funds that are held in Escrow as on the date the dispute is filed (“Escrow Dispute”). The scope of the Escrow Dispute may cover the whole of the Fixed-Price Contract and all Milestones earlier funded, approved, and released. In the event of an Escrow Dispute, funds in Escrow will remain in Escrow while the Dispute Assistance Program or Arbitration, as applicable, is being administered. The Dispute Assistance Program for an Escrow Dispute will be administered as mentioned below:

1. Escrow Dispute Assistance Deadline: Escrow Disputes must be initiated before the funds in Escrow have been released in order to be eligible for the Dispute Assistance Program under this Section. Disputes over funds that are released from Escrow may be eligible for the Dispute Assistance Program, as described in detail below in Section 6.2.

2. Filing A Dispute

a. ADR Practitioners: ADR Practitioners may initiate an Escrow Dispute when a Client ends the Case with an escrow balance or a Client fails to discharge a Milestone payment, despite any alleged delivery of work. More information on how to file a dispute on active or ended contracts are often found here.

b. Clients: Clients may initiate an Escrow Dispute by requesting an Escrow refund on the platform or by releasing a partial milestone payment. If the ADR Practitioner disputes the Escrow refund or offers a partial Escrow refund that's subsequently rejected by the Client, the case will be referred to the Dispute Assistance Program. More information regarding how to file a dispute on active or ended contracts can be found here.

3. Notice of Escrow Dispute: Once a dispute has been filed, the Escrow dispute team that administers the Disputes Assistance Program (“Escrow Disputes Team”) will notify Client and ADR Practitioner in writing of the Escrow dispute via ticket and request information and supporting documents from the parties (“Notice of Escrow Dispute”).

4. Lack of Participation: Client and ADR Practitioner must respond to the Notice of Escrow Dispute within 5 calendar days. If one party doesn't timely respond to the Notice of Escrow Dispute, Client and ADR Practitioner agrees that the lack of timely response acts as an irrevocable authorization and instruction to Jupitice to release the funds in Escrow from the non-responding party to the responding party.

5. Non-Binding Assistance: After both Client and ADR Practitioner respond to the Notice of Escrow Dispute, the Escrow Disputes Team will review the documentation submitted and any information available on the site that pertains to the dispute. The Escrow Disputes Team will simplify communication between the parties and help to assess whether mutual resolution is possible. The Escrow Disputes Team doesn't evaluate the quality or functionality of work and can't render binding judgment or determination as to the parties’ respective rights to the disputed funds.

6. Resolution of Escrow Dispute: If the Escrow Disputes Team is able to facilitate a resolution between Client and ADR Practitioner, and if Client and ADR Practitioner agrees in writing to the resolution, Client and ADR Practitioner agrees that Jupitice is authorized and irrevocably instructed to immediately release escrow funds in accordance with the agreed-upon resolution and the same will result in an end of the Escrow dispute ticket.

7. No Resolution: If no resolution of the Escrow dispute has been reached within 21 calendar days of the Notice of Escrow Dispute, or if the Escrow Disputes Team determines in its only discretion that no resolution between the parties is possible through the Dispute Assistance Program, the Escrow Disputes Team will issue a “Notice of Non-Resolution” and the Escrow dispute will be referred to Arbitration, as mentioned in Section 7 below.

6.2 DISPUTE OF FUNDS RELEASED

This Section applies to disputes filed by Clients or ADR Practitioners over funds that have been released from Escrow as on the date the dispute is filed (“Dispute Mediation”). The scope of the Dispute Mediation may cover any portion of or the entirety of the Fixed Price Contract and any Milestone earlier funded, approved, and unconfined. The Dispute Assistance Program for Dispute Mediation will be administered as mentioned below:

1. Dispute Mediation Deadline: Dispute Mediation must be initiated within 30 calendar days of the date that funds in Escrow have been released to the ADR Practitioner so as to be entitled for the Dispute Assistance Program under this Section 6.2. Any dispute over funds that have been released from Escrow more than 30 days prior to the date the dispute is filed is no longer eligible for submission to the Dispute Assistance Program.

2. Initiating Dispute Mediation:

a. Requesting a Refund: Clients may initiate Dispute Mediation for disputes over funds that have been released from Escrow by requesting a refund on the platform. If the ADR Practitioner rejects the request for a refund, grants a partial refund that's subsequently rejected by the Client, or takes no action, the dispute will be referred to the Dispute Assistance Program. More information on how to file a dispute on active or ended contracts can be found here.

b. Contacting Support: in addition to the above method, any User may contact Jupitice Support for assistance for initiating Dispute Mediation.

3. Notice of Dispute Mediation: Once a dispute has been initiated, the Jupitice Dispute Mediation team (“Dispute Mediation Team”) will notify Client and ADR Practitioner of the Dispute Mediation in writing and request information and supporting documentation from the parties (“Notice of Dispute Mediation”). Client and ADR Practitioner must respond to the Notice of Dispute Mediation within 5 calendar days. Failure to reply to the Notice of Dispute Mediation within 5 calendar days will result in the suspension of the non-participating party’s User account, as defined in Section 1.4 of the User Agreement, which may impact the non-participating party’s capacity to withdraw funds.

4. Non-Binding Assistance: Once both Client and ADR Practitioner respond to the Notice of Dispute Mediation, the Dispute Mediation Team will review the documentation submitted and any information available on the site that pertains to the dispute. The Dispute Mediation Team will facilitate communication between the parties and help to assess whether mutual resolution is possible. The Dispute Mediation Team doesn't evaluate the quality or functionality of work and can't render binding judgment or determination on the parties’ respective rights to the disputed funds.

5. Resolution of Dispute Mediation: If the Dispute Mediation Team is in a position to facilitate a resolution between Client and ADR Practitioner, and if Client and ADR Practitioner agree in writing to the resolution, the Dispute Mediation Team will direct the applicable party instructions on transferring payment, if any, to an Escrow Account. By agreeing in writing to the resolution, Client and ADR Practitioner agree that Jupitice is authorized and irrevocably instructed to immediately release escrow funds in accordance with the agreed-upon resolution. This will result in the end of the Dispute Mediation ticket.

6. No Resolution: If no resolution of the dispute has been reached within 21 calendar days of the Notice of Dispute Mediation, or if the Dispute Mediation Team determines in its sole discretion that there is uncertainty between the parties through the Dispute Assistance Program, the Dispute Mediation Team will issue a “Notice of Non-Resolution,” and the dispute will be referred to Arbitration, as mentioned in Section 7 below.

7. ARBITRATION

After a “Notice of Non-Resolution” is issued from the Jupitice Dispute Assistance Program, ADR Practitioner and Client each has the right to demand Arbitration of a Fixed-Price Contract if the Fixed-Price Escrow accompanying with the Fixed-Price Contract has been funded at least once. The request for Arbitration must be communicated to the Escrow Disputes Team or Dispute Mediation Team, as applicable, within 7 calendar days of the date of the Notice of Non-Resolution. In any Arbitration, each of you and the other User is a “Dispute Party,” and collectively you're the “Dispute Parties.” Any Arbitration under this Section 7 will be conducted by a neutral third-party Arbitration service, Indian Council of Arbitration (The “ICA”) unless Jupitice chooses another Arbitration service.

7.1 ARBITRATION INITIATION PROCEDURE

1. Notice of Arbitration Demand: Client and ADR Practitioner have 7 calendar days after receiving the Notice of Non-Resolution to notify Jupitice via a dispute ticket of their intent to initiate Arbitration. The Jupitice Dispute Team will then provide a “Notice of Arbitration Demand” to both Client and ADR Practitioner and provide the Dispute Parties with information on the way to submit Client’s or ADR Practitioner’s applicable portion of the costs of Arbitration (the “Arbitration Payment”). To proceed with Arbitration, Client and ADR Practitioner must each make the Arbitration Payment within 5 calendar days of the Notice of Arbitration Demand.

2. Jupitice Disputes:

a. Rejection of Arbitration or non-participation by both parties: If both Dispute Parties decline to take the matter to Arbitration or don't make the Arbitration Payment within 5 calendar days of the Notice of Arbitration Demand, Client and ADR Practitioner agree that Jupitice is authorized and irrevocably instructed to immediately release the funds in Escrow, if any, to the Client’s primary payment method on file, this will close the Escrow Dispute ticket. To the extent the parties wish to take legal action to enforce their contractual rights, Jupitice may provide contact information on file for Client or ADR Practitioner, consistent with Jupitice’s Privacy Policy.

b. Rejection of Arbitration or non-participation by one party: If one party elects to take the matter to Arbitration and has submitted the Arbitration Payment (“Participating Party”), and the other party rejects Arbitration, fails to submit the Arbitration Payment or doesn't respond within 5 calendar days of the Notice of Arbitration Demand (“Non-Participating Party”), ADR Practitioner and Client agree that Jupitice is authorized and irrevocably instructed to immediately discharge the funds in Escrow, if any, to the Participating Party. This will close the Escrow Dispute ticket. To the extent the parties wish to take legal action to implement their contractual rights, Jupitice may provide contact information on file for Client or ADR Practitioner, consistent with Jupitice’s Privacy Policy.

3. Jupitice Dispute Mediation

a. Rejection of Arbitration or non-participation by both parties: If both Dispute Parties decline to take the interest Arbitration or don't respond to Jupitice’s Notice of Arbitration Demand within 5 calendar days, the Dispute Mediation ticket will be shut. To the extent the parties wish to take legal action to enforce their contractual rights, Jupitice may provide contact information on file of Client or ADR Practitioner, consistent with Jupitice’s Privacy Policy.

b. Rejection of Arbitration or non-participation by one party: If one party elects to take the matter to Arbitration and has submitted the Arbitration Payment, and the other party rejects Arbitration, fails to submit the Arbitration Payment or doesn't respond within 5 calendar days of the Notice of Arbitration Demand, Jupitice will suspend the Non-Participating Party’s User account, as defined in Section 1.4 of the User Agreement, which effect the Non-Participating Party’s ability to withdraw funds.

4. Arbitration Instructions: If both parties timely submit the Arbitration Payment, Jupitice will instruct the parties on the process for initiating the Arbitration with the Arbitration service provider. After the parties have initiated the Arbitration, Jupitice will provide the arbitrator with relevant documentation, including information collected in the Escrow Dispute or Dispute Mediation process and contents of the Contract Room. The purview of Arbitration covers the Fixed-Price Contract and all Milestones previously funded, approved, and released.

7.2 AUTHORIZATION TO COLLECT ARBITRATION FEES

When you electronically authorize payment of the invoice for the Arbitration Payment as emailed to you by Jupitice, you irrevocably authorize and instruct (i) Jupitice or its Affiliates, as your agent, to charge your Payment Method for the amount of the payment for credit to your Escrow Account; and (ii) Jupitice, as escrow agent, to immediately release that amount from your Escrow Account and pay it to Jupitice. If Jupitice or its Affiliates cannot collect sufficient funds to satisfy the Escrow release instructions for any reason, Jupitice has no obligation with respect to making the payment to Jupitice on your behalf, and you'll be considered as not having paid the Arbitration Payment as required by this Section 7.2.

7.3 LIMITATIONS PERIOD FOR ARBITRATIONS

If both Client and ADR Practitioner fail to demand Arbitration within 7 calendar days of the Notice of Non-Resolution, fail to timely submit the Arbitration Payments, or fail to respond to the Notice of Arbitration Demand within 5 calendar days, then the dispute is no longer eligible for Arbitration under this process, and Client and ADR Practitioner will be deemed to have irrevocably authorized and instructed Jupitice to, and Jupitice will, release all funds in the Fixed-Price Escrow Account to the Client’s Escrow Account.

7.4 ARBITRATION AWARD

Client and ADR Practitioner agree that the arbitrator is authorized to make a decision the Escrow Dispute or Dispute Mediation within its discretion. You agree that the arbitrator’s award is final, that it may entered in and enforced by any court of competent jurisdiction, which if the arbitrator sends notice of any award to Jupitice, then Jupitice and Jupitice have the right to treat such notice as conclusive and act in reliance thereon.

8. SERVICE FEES FOR ESCROW FUNDS RELEASED FOLLOWING DISPUTE ASSISTANCE

All Escrow funds unconfined under the Dispute Assistance Program are subject to the normal Service Fees associated with Escrow Accounts, as comprehensive in the User Agreement and these Escrow Instructions.

9. NOTICES

All notices to a User required by these Escrow Instructions will be made via email sent by Jupitice to the User’s registered email address. Users are solely liable for maintaining a current, active email address registered with Jupitice, for checking their registered email address, and for responding to notices sent by Jupitice to the User’s registered email address.

10. COOPERATION WITH THE DISPUTE ASSISTANCE PROGRAM

All claims, disputes, or other disagreements between you and another User that are covered by the Dispute Assistance Program must be decided by the following terms in the Dispute Assistance Program. All claims filed or brought contrary to the Dispute Assistance Program will be considered improperly filed, unless otherwise required by law, and Jupitice will have the right to take any other action, including suspension or termination of your User Account, as defined in Section 1.4 of the User Agreement, which may impact your ability to withdraw funds, and the other legal action as Jupitice deems appropriate in its sole discretion.

11. ABUSE

Jupitice, in its sole discretion, reserves the right to suspend or terminate your User Account, as defined in Section 1.4 of the User Agreement, immediately upon giving notice to you if Jupitice believes you'll be abusing the Dispute Assistance Program or as otherwise permitted by the Terms of Service, which may impact your ability to withdraw funds. However, any disputes for any Fixed-Price Contracts that existed before conclusion will be subject to the Terms of Service.

Fee Agreement

This Fee Agreement (this “Agreement”) is between you and Jupitice, as described below in Section 1 (Parties). This Agreement provides information on the fees Jupitice and its Affiliates charge for use of the Site & Site Services. This Agreement is part of the Terms of Service. Capitalized terms not defined in this Agreement are defined in the User Agreement, Site Terms of Use, or elsewhere in the Terms of Service.

By clicking to accept the Terms of Service on the Site or by continuing to use the Site or the Site Services on or after the effective date noted above, you accept and agree to this Agreement. To the extent permitted by applicable law and except as otherwise provided in the Terms of Service, we may modify this Agreement without prior notice to you, and any revisions to this Agreement will take effect when posted on the Site unless otherwise stated. However, we will provide advance notice of any increase in prices or fees affecting current Users. Please check the Site often for updates.

1. Parties

You are entering into an Agreement with Jupitice to use Marketplace Services.

2. Fees Charged to ADR Practitioners

Pursuant to the User Agreement, we charge ADR Practitioners a Service Fee for each payment their Client makes to the ADR Practitioner on a Service Contract. Depending on certain features of the Service Contract, the Service Fees will be charged as "tiered" pricing, as discussed in further detail in this Section 2. Where applicable, Jupitice may also collect taxes (such as value added tax (VAT) in Europe) on Service Fees.

Additionally, the use of various Payment Methods presented through the Site and the Site Services may invite added fees or charges. All Payment Methods will be posted on the Site with any related fees or charges, which we may update from time to time at our individual discretion. You hereby allow us to charge to you and to collect from you (reliable with this Agreement, the User Agreement, or elsewhere in the Terms of Service) any fees, charges, or taxes described in this Section 2.

We will charge you a Service Fee based on the total ADR Practitioner Fees collected by you from your Client (less any refunds or reversals) for the duration of your relationship with your Client (the “Engagement Relationship”). Unless different pricing, agreed the Service Fee rates decrease as the total ADR Practitioner Fees you have collected from your Client for the Engagement Relationship meet certain thresholds as follows (“Tiered Pricing”)

Total Fees Collected From Client (Per Engagement Relationship) Service Fee Rates
USD 0 – 20,000 or Rs. 0 – 1,50,000 18%
USD 20,001 – 1,00,000 or Rs. 1,50,001 – 75,00,000 15%
USD Above 1,00,000 or Above Rs. 75,00,000 14%

The Service Fee will be invoiced on fortnightly basis.

3. Fee Charged to Clients

3.1 Jupitice does not charge any fee to the clients w.r.t .finding & hiring ADR Practitioners Services from its Site and it is free.

3.2 Jupitice shall charge fee to its clients in respect of Jupitice Site Services as set- forth in the Service Order.

3.3 Fee shall be subject to Section 7 & 8.

4. Fee Charged by ADR Practitioners

4.1 ADR Practitioners are fee to determine the fee chargeable to their clients.

4.2 Such ADR Practitioners fee shall be subject to Section 7 & 8 except to the extent otherwise agreed.

5. Payment Processing Fees Charged to Client

Regardless of the type of Payment Method used, we charge Clients a Payment Processing Fee (defined below) as described in this Section 4.

Jupitice charges Clients a payment processing and administration fee of 3% on each payment made by the Client through Jupitice (the “Payment Processing Fee”). If payments made by a Client are released to the Client Escrow Account for any reason or refunded by an ADR Practitioner, the Payment Processing Fee will not be refunded.

6. Payment Processing Fees Charged to Client

Regardless of the type of Payment Method used, we charge Clients a Payment Processing Fee (defined below) as described in this Section 4.

7. General Terms & Conditions
  • Jupitice Smart ADR Fee shall be determined & accessed on the aggregated amount of the Claim(s) & Counterclaim(s)
  • Where the monitory Value of the claim is not determinable in pecuniary terms if any objection is obtained from the parties regarding the quantification of the assessment then the Advisory Board of Jupitice will decide the cost of the Claim(s).
  • The Jupitice Smart ADR Fee shall be initially equally shared by the Parties, subject to the cost of Arbitration as may be determined by the Arbitral Tribunal in its Award
  • Application Fee shall be paid by the party making the application
  • Jupitice reserves the right to cancel a hearing if fees are not paid by any parties by the applicable cancellation date and Jupitice will confirms the cancellation in writing.
  • Parties that, through mutual agreement, have held their case in abeyance for one year will be assessed an annual abeyance fee of $500, and $500 every six months thereafter. If a party refuses to pay the assessed fee, the other party or parties may opt to pay the entire fee on behalf of all parties, otherwise, the matter will be closed. Further, parties on cases held as inactive for one year will be assessed an annual abeyance fee of USD 500, and $500 every six months thereafter.
  • Filing Fee is non-refundable
  • Fee to the Arbitrator shall be paid upon the conclusion of a relevant stage or as per any other method mutually decided between parties & Arbitrator
  • In case of the demise of the Arbitrator, a fee will be paid to their legal heirs.
  • The entire fee & expenses shall be deposited in advance in Escrow Account
  • Need to pay extra if there are any subsidiary expenses.
  • Misc. Expenses, if any likely to be incurred throughout Arbitration will be decided by Jupitice and similarly equally paid by the parties.
  • Jupitice shall maintain an account of fees & expenses and share the periodical report.
  • The Claimant shall pay the full fee & expenses before initiation of the proceedings. Once Defendant(s) joins the Arbitration, the Arbitrator shall direct the Defendant(s) to reimburse the Claimant for their portion of the fee.
  • In the event, if Defendant(s) do not join the proceedings or do not deposit the fee, the Jupitice shall be entitled to include the recovery of the Jupitice Smart ADR Fee as part of the Arbitral Award
  • The Cost of Hiring an Expert a witness shall be extra and will be borne by the party who required the services.
  • The Attorney fee shall be additional and will be borne by the party who required the services.
  • The Jupitice Smart ADR Fee include the Arbitrator’s fee for single Arbitrator
  • The advance deposit does not include legal costs or fees & expenses of any Expert
  • 20% of the Jupitice Smart ADR fee paid in connection with Mediation shall be set-off against the Jupitice Smart ADR Fee in connection with Arbitration, the party(s) choose regarding the same dispute.
  • Fees are subject to increase or decrease if the claim or counterclaim is increased after the filing of the case.
  • Unless otherwise directed by the Court, Jupitice shall not be entitled to any fresh fee in the event the award is set aside and remanded to the same Arbitral Tribunal for consideration.
  • In respect of any matters, not specifically provided in the general terms & conditions, the decision of Jupitice shall be final.
  • Notwithstanding the fee schedule of Jupitice, it shall be the discretion of CEO or Vice President to fix/ revise the fee payable to Jupitice.
  • GST will be charged extra if applicable
8. Cancellation Policy
  • Filing fee shall be refunded as under:-
    • 100% within 5 calendar days of filing
    • 50% between 6 & 30 calendar days of filing
    • 25% between 31 & 60 calendar days of filing
  • No refund or filing fee will be made if Arbitrator has been appointed

Jupitice Platform Subscription Agreement

PLEASE SCROLL DOWN AND READ CAREFULLY ALL THE JUPITICE JUPITICE PLATFORM SUBSCRIPTION AGREEMENT TERMS AND CONDITIONS CONTAINED HEREIN (THIS “AGREEMENT”) BEFORE USING THE PLATFORM/ SOFTWARE DEFINED HEREIN AS THE “SERVICE”.

This JUPITICE JUPITICE PLATFORM SUBSCRIPTION AGREEMENT is a legal agreement between you and Jupitice justice technologies Pvt. Ltd. and its affiliates (“JUPITICE”, “we”, or “us”). This JUPITICE PLATFORM SUBSCRIPTION AGREEMENT governs your use of the JUPITICE platform/ software and any third party software that may be distributed therewith (collectively the “Software”). By installing, using, copying, or distributing all or any portion of the software, you accept and agree to be bound by all of the terms and conditions of this Agreement. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE. This Agreement hereby incorporates by reference all terms, conditions rules, policies and guidelines on the Site, including the Jupitice Terms of Service (the “Terms of Service”). Please also see the Jupitice Privacy Policy (the “Privacy Policy”)

The Service

This Agreement governs Client’s use and Jupitice’s “Digital Court Room as a Service” owned & managed by Jupitice or an Affiliate of Jupitice ("Service"). Client agrees that Client’s subscription to the Service is not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Jupitice regarding future functionality or features.

1. License grant and restrictions

1.1. Subscription to the Service: Subject to your compliance with the terms and conditions of this Agreement, Jupitice grants you a non-sub licensable, non-exclusive, non-transferable right to use the executable code version of the Software for your use solely in connection with work you perform on or through the Site. Jupitice and its Affiliates reserve all rights not expressly granted to Client in this Agreement. Client may allow Client’s Affiliates to access and use the Service. Client is solely liable and responsible for Client’s Affiliate access and use of the Service and compliance with this Agreement

1.2. Restrictions: Client shall not (i) license, sublicense, sell, resell, use as a service bureau, or otherwise use the Service for a third party’s benefit unless authorized by Jupitice; (ii) transfer, assign (except as provide in this Agreement), distribute or otherwise commercially exploit the Service, Jupitice’s System or Content; (iii) modify or make derivative works based upon the Service or the Content; (iv) create Internet “links” to the Service or “frame” or “mirror” any Content on any other server or wireless or Internet-based device; (v) reverse engineer or decompile the Service or Jupitice System; (vi) interfere with or make use of the Service in any manner not consistent with the Documentation; (vii) upload Client Data or Client Templates to the Service that contain any Malicious Code or programming routines, macros, or other elements that may damage, surreptitiously intercept or expropriate any system, data, or personal information; or (viii) access the Service for purposes of monitoring its availability, penetration or security testing, or any benchmarking or competitive purposes

You agree that you will use the Software for lawful purposes and only in compliance with all applicable laws, including but not limited to copyright and other intellectual property laws. In addition, you shall not perform, nor release the results of any testing of the Software to any third party without the prior written consent of Jupitice. You also agree not to remove, obscure, or alter any copyright notice, trademarks or other proprietary rights notices contained within or accessed in conjunction with or through the Software.

1.3. Client Responsibilities. Client shall: (i) use commercially reasonable efforts to prevent unauthorized access to, or use of, the Service, and will notify Jupitice promptly of any unauthorized use of any password or account; (ii) report to Jupitice promptly and use reasonable efforts to stop any unauthorized copying or distribution of Content and (iii) not impersonate another Service user or provide false identity information to gain access to or use the Service.

1.4. Intellectual Property Rights: The JUPITICE PLATFORM is Subscribed, not sold, to you for use pursuant to the terms of this Agreement. All rights not expressly granted to you are reserved to Jupitice or its licensors or third party providers. You acknowledge that Jupitice or its licensors or third party providers own all rights, title and interest, including without limitation all Intellectual Property Rights, in and to the Jupitice Platform, portions thereof, or any information or material provided through or in conjunction with the Jupitice Platform. Your rights to use the Software shall be limited to those expressly granted in this Section 1. All rights not expressly granted to you are reserved by Jupitice, its licensors or third party providers. “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all other proprietary rights, and all applications, registrations, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

2. Compliance with Laws

2.1 Client is responsible for all activity occurring under Client’s User accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with Client’s use of the Service, including those related to data privacy, international communications, and the transmission of technical or personal data.

2.2 Jupitice shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with providing the Service and Professional Services, including those related to data privacy, international communications, and the transmission of technical or personal data (e.g. GDPR, CCPA, Australian Privacy Act, etc.).

3. Security, Client Data and support

3.1 Jupitice will provide the Support Services and will make improvements to the Service and make Version Releases and Updates to the Service as deemed appropriate by Jupitice

3.2 Jupitice has implemented and will maintain Appropriate Security Measures based upon industry best practices and feedback from third-party audits. Audit reviews and summary results and any recommended action items will be made available upon written request by Client. Jupitice may, from time to time, update these security measures but will not materially reduce them during the term of the Agreement.

3.3 Jupitice Data Processing Agreement (“DPA”) is incorporated in the Agreement by reference when the General Data Protection Regulation (“GDPR”) or California Consumer Privacy Act (“CCPA”) applies to Client’s use of the Services.

4. Fees and Billing

4.1. Fees. Fees for the Service are described in an associated Service Order or invoice. Any renewal fees will be based on Jupitice’s then-current fees, unless otherwise stated in an Service Order. All fees due are payable in INR/ U.S. Dollars unless otherwise stated on an Service Order. Jupitice’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and Client shall be responsible for payment of all such taxes, levies, or duties.

4.2. Billing and Payment. Jupitice issues invoices for the Service on or about the subscription start from the date of agreement. Fees for the Service shall be paid as per the terms & conditions contained in the Service Order. Client is responsible for providing complete and accurate billing and contact information and notifying Jupitice of any changes to such information.

5. Term

This Agreement commences on the Effective Date and will continue for an initial term as contained in the Service Order.

6. Suspension and Termination

If Client is in breach of this Agreement due to non-payment, Jupitice may suspend Client’s access to, and use of the Service until Client has cured the breach. Jupitice will provide at least 15 days’ notice prior to any such suspension due to non-payment. Additionally, either party may terminate this Agreement upon written notice if the other party materially breaches the Agreement and does not cure such breach within 30 days after written notice of such breach. Upon the expiration or termination of this Agreement for any reason: (a) any amounts owed to Jupitice by Client under this Agreement before such termination will become immediately due and payable in accordance with Section 4 except where this Agreement is terminated by Client in accordance with this paragraph due to Jupitice’s uncured breach then Jupitice will refund Client prepaid fees prorated from the effective date of termination, (b) Jupitice will terminate Client’s access to or use of the Service, and (c) where applicable, Jupitice will return Client Data to Client. The rights and duties of the parties will survive the termination or expiration of this Agreement. In no event will termination relieve Client of Client’s obligation to pay any fees payable to Jupitice for the period prior to the effective date of termination.

7. Representations and Warranties

7.1. Mutual Warranty. Each party represents and warrants that it has the legal power and authority to enter into this Agreement.

7.2. Data Warranty. Client represents and warrants that Client owns or has obtained all rights, consents, permissions, or licenses necessary to allow the Service’s access to, or possession, manipulation, processing, or use of the Client Data and Client Templates.

7.3. Service Warranty. Jupitice represents and warrants that the Service will perform in all material aspects with the Product Specifications.

8. Limitation of Liability

IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL JUPITICE AND ITS AFFILIATES OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF THE PLATFORM/ SOFTWARE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE (EVEN IF JUPITICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PLATFORM/ SOFTWARE, FROM THE PERFORMANCE OR MISPERFORMANCE OF THE PLATFORM/ SOFTWARE, FROM INABILITY TO USE THE JUPITICE PLATFORM, OR FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE PLATFORM/ SOFTWARE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

9. Disclaimer of Warranties

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, JUPITICE AND ITS AFFILIATES MAKE NO WARRANTY OF ANY KIND RELATED TO THE PLATFORM/ SERVICE AND ALL CONTENT IS PROVIDED TO CLIENT STRICTLY ON AN “AS IS, AS-AVAILABLE” BASIS. ALL OTHER IMPLIED OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

10. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless Jupitice and its subsidiaries, affiliates, joint ventures, suppliers, officers, directors, shareholders, employees and agents, from any claim or demand made by any third party due to or arising directly or indirectly out of your conduct or in connection with your use of the Platform/ Software or its features, any alleged violation of these terms, or any alleged violation of any applicable law or regulation. Jupitice reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, but doing so shall not excuse your indemnity obligations.

11. No Notice of Updates

Jupitice reserves the right to modify or change this agreement from time to time without notice to You. The latest version will be available on the Site. Jupitice also may update or modify the Platform/ Software from time to time at its discretion. Your election to continue use of the Jupitice Platform, after the date of posting of these modifications to the Agreement or to the Jupitice Platform constitutes acceptance of those modifications. If you do not agree with the modifications, do not use the Platform/ Software.

12. Confidentiality

12.1. Confidential Information. Each party (the “Disclosing Party”) may from time to time disclose to the other party (the “Receiving Party”) certain information regarding the business, products, or services of the Disclosing Party and its suppliers, including technical, marketing, financial, employee, planning, Client Data, Client Templates, User Details, and other confidential or proprietary information, including information that the Receiving Party knew or should have known, under the circumstances, was considered confidential or proprietary by the Disclosing Party (“Confidential Information”).

12.2. Protection of Confidential Information. The Receiving Party will not use any Confidential Information of the Disclosing Party for any purpose other than exercising its rights or exercising its obligations under this Agreement, and will disclose the Confidential Information of the Disclosing Party only to the representatives, employees or contractors of the Receiving Party who have a need to know such Confidential Information for purposes of the Agreement and who are under a duty of confidentiality no less restrictive than the Receiving Party’s duty under this Section 13.2. The Receiving Party will protect the Disclosing Party’s Confidential Information from unauthorized use, access, or disclosure in the same manner as the Receiving Party protects its own confidential or proprietary information of a similar nature and with no less than reasonable care. In the case of Jupitice, including maintaining Appropriate Security Measures

12.3. Exceptions. The Receiving Party’s obligations under Section 13.2 with respect to any Confidential Information of the Disclosing Party will not apply if such information: (a) was already known to the Receiving Party without restriction at the time of disclosure by the Disclosing Party; (b) was disclosed to the Receiving Party by a third party who had the right to make such disclosure without any confidentiality restrictions; (c) is, or through no fault of the Receiving Party has become, generally available to the public; or (d) was independently developed by the Receiving Party without access to, or use of, the Disclosing Party’s Confidential Information. In addition, the Receiving Party will be allowed to disclose Confidential Information of the Disclosing Party to the extent that such disclosure is (i) approved in writing by the Disclosing Party; (ii) necessary for the Receiving Party to enforce its rights under the Agreement in connection with a legal proceeding; or (iii) required by law or by the order of a court of similar judicial or administrative body, provided that the Receiving Party notifies the Disclosing Party of such required disclosure promptly and in writing and cooperates with the Disclosing Party, at the Disclosing Party’s request and expense, in any lawful action to contest or limit the scope of such required disclosure. Disclosure pursuant to Section 13.3(iii) shall not render Confidential Information as non-confidential or remove such Confidential Information from the obligations of the confidentiality obligations set forth in this Section 13.

12.4. Return of Confidential Information. The Receiving Party will return to the Disclosing Party or use reasonable efforts to destroy all Confidential Information of the Disclosing Party in the Receiving Party’s possession or control promptly upon the written request of the Disclosing Party upon the expiration or termination of the Agreement. The Receiving Party will certify in writing signed by an officer of the Receiving Party that it has fully complied with its obligations under this Section 13.4. Notwithstanding the foregoing, the Receiving Party may retain a limited number of electronic backup copies of Confidential Information as are automatically created and retained by the Receiving Party’s standard backup processes and systems. The Receiving Party shall comply with its obligations under this Agreement with regard to such copies and shall destroy them in accordance with Receiving Party’s normal destruction processes

13. Miscellaneous Provisions

13.1 SEVERANCE. WAIVER. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, it shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force.

13.2 AUDIT. You agree that, on Jupitice’s request, you will certify in writing your compliance with the terms of this Agreement.

13.3 ASSIGNMENT. You may not assign this agreement or sublicense, assign, transfer or delegate any right or duty hereunder, without the prior written consent of Jupitice, at our sole discretion. Notwithstanding the foregoing, Jupitice may assign or transfer this agreement or any rights granted hereunder without your prior consent. This agreement is binding on and will inure to the benefit of the parties’ successors and permitted assigns.

13.4 ENTIRE AGREEMENT. This agreement and the terms expressly incorporated by reference herein, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Jupitice Platform License Agreement

This End User License Agreement (“EULA”) is a legal agreement between you and Jupitice (“Jupitice”, “we”, or “us”). This EULA governs your use of the Jupitice Platform and any third party Jupitice Platform that may be distributed therewith (collectively the “Jupitice Platform Platform”). Jupitice agrees to license the Jupitice Platform to you (personally and/or on behalf of your employer) (collectively “you” or “your”) only if you accept all the terms contained in this EULA. By installing, using, copying, or distributing all or any portion of the Software Platform, you accept and agree to be bound by all of the terms and conditions of this EULA. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS EULA, DO NOT DOWNLOAD, INSTALL, OR USE THE JUPITICE PLATFORM.

Your use of the Jupitice Platform is also subject to your agreements with us concerning your use of the Jupitice.com website (the “Site”) and the services provided through that website. This EULA hereby incorporates by reference all terms, conditions rules, policies and guidelines on the Site, including the Jupitice Terms of Service (the “Terms of Service”). Please also see the Jupitice Privacy Policy (the “Privacy Policy”) at https://www.Jupitice.com/legal/privacy-policy/. Capitalized terms not defined in this EULA are defined in the Terms of Service.

1. CONDITIONAL LICENSE.
1.1. LICENSE GRANT:

Subject to your compliance with the terms and conditions of this EULA, Jupitice grants you a non-exclusive, non-transferable right to use the executable code version of the Jupitice Platform for your use solely in connection with work you perform on or through the Site.

1.2. RESTRICTIONS ON USE:

You agree not to modify, display, adapt, translate, loan, distribute, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Jupitice Platform. You may not publish, redistribute, sublicense or sell the Jupitice Platform or any information or material associated with the Jupitice Platform You may not rent, lease or otherwise transfer your rights to the Jupitice Platform You may not use the Jupitice Platform in any manner that could damage, disable, overburden or impair the Site, nor may you use the Jupitice Platform in any manner that could interfere with any other party’s use and enjoyment of the Site. You agree that you will use the Jupitice Platform for lawful purposes and only in compliance with all applicable laws, including but not limited to copyright and other intellectual property laws. In addition, you shall not perform, nor release the results of any testing of the Jupitice Platform to any third party without the prior written consent of Jupitice. You also agree not to remove, obscure, or alter any copyright notice, trademarks or other proprietary rights notices contained within or accessed in conjunction with or through the Software Platform.

1.3. INTELLECTUAL PROPERTY RIGHTS:

The Jupitice Platform is licensed, not sold, to you for use pursuant to the terms of this EULA. All rights not expressly granted to you are reserved to Jupitice or its licensors or third party providers. You acknowledge that Jupitice or its licensors or third party providers own all rights, title and interest, including without limitation all Intellectual Property Rights, in and to the Software Platform, portions thereof, or any information or material provided through or in conjunction with the Jupitice Platform Your rights to use the Jupitice Platform shall be limited to those expressly granted in this Section 1. All rights not expressly granted to you are reserved by Jupitice, its licensors or third party providers. “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all other proprietary rights, and all applications, registrations, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

2. DISCLAIMER OF WARRANTIES.
2.1. “AS IS”; NO WARRANTY:

THE JUPITICE PLATFORM IS PROVIDED BY JUPITICE AND ANY OF OUR LICENSORS OR OUR THIRD-PARTY SERVICE PROVIDERS “AS IS,” WITH NO WARRANTIES WHATSOEVER. JUPITICE EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. COMPUTER PROGRAMS ARE INHERENTLY COMPLEX, AND THE JUPITICE PLATFORM MAY NOT BE FREE OF ERRORS. THE JUPITICE PLATFORM IS PROVIDED WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. JUPITICE DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE JUPITICE PLATFORM YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND USE THE JUPITICE PLATFORM AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SOFTWARE PLATFORM.

2.2. PRIVACY DISCLAIMER:

TO THE FULLEST EXTENT PERMITTED BY LAW, JUPITICE DISCLAIMS LIABILITY IN THE EVENT OF THE UNAUTHORIZED ACCESS TO OR MISAPPROPRIATION OF YOUR PERSONAL INFORMATION OR PRIVATE COMMUNICATIONS BY THIRD PARTIES.

2.3. JURISDICTIONAL LIMITATIONS:

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY OF THE JUPITICE PLATFORM OR TO THE MINIMUM PRESCRIBED BY LAW. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

2.4. SURVIVAL OF DISCLAIMER:

The provisions of this Section 2 and of Section 3 shall survive the termination of this EULA, but this shall not imply or create any continued right to use the Jupitice Platform after termination of this EULA.

3. LIMITATION OF LIABILITY
3.1. LIMITATION OF LIABILITY:

IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL JUPITICE, OUR LICENSORS OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF THE JUPITICE PLATFORM SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE (EVEN IF JUPITICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SOFTWARE PLATFORM, FROM THE PERFORMANCE OR MISPERFORMANCE OF THE SOFTWARE PLATFORM, FROM INABILITY TO USE THE SOFTWARE PLATFORM, OR FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE JUPITICE PLATFORM (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

3.2. DAMAGES CAP:

EXCEPT AS LIMITED BY APPLICABLE LAW, REGARDLESS OF THE BASIS FOR YOUR CLAIM, JUPITICE’S, LICENSORS’ AND THIRD PARTY PROVIDERS’ TOTAL LIABILITY UNDER THIS EULA SHALL BE LIMITED TO DIRECT DAMAGES WHICH SHALL NOT EXCEED THE AMOUNT OF FEES PAID FOR THE LICENSED JUPITICE PLATFORM GIVING RISE TO THE CLAIM, OR ONE U.S. DOLLAR ($1.00), WHICHEVER IS LESS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE FOREGOING PROVISIONS SHALL CONSTITUTE THE SOLE AND EXCLUSIVE REMEDY FOR MONETARY DAMAGES IN RESPECT OF ANY BREACH OF OR DEFAULT UNDER THIS AGREEMENT BY JUPITICE.

4. INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless Jupitice and its subsidiaries, affiliates, joint ventures, suppliers, officers, directors, shareholders, employees and agents, from any claim or demand made by any third party due to or arising directly or indirectly out of your conduct or in connection with your use of the Jupitice Platform or its features, any alleged violation of these terms, or any alleged violation of any applicable law or regulation. Jupitice reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, but doing so shall not excuse your indemnity obligations.

5. PRIVACY AND SECURITY

The Jupitice Platform creates a means for others to record the visual output (“Screenshot”) of your computer. You hereby acknowledge and agree that each time you activate the Software Platform, the Jupitice Platform may periodically transmit Screenshots to Jupitice. These Screenshots may be displayed in the Jupitice work diary when the Screenshot is captured. These Screenshots may include, without limitation, the visual output of all open programs, windows, backgrounds, taskbars, system trays, multiple screens, title bars, menus, graphics, screen savers, and any information, images, and text therein. You acknowledge and agree that, if your confidential information is displayed as visual output of your computer while the Jupitice Platform is active, such confidential information may be included in a Screenshot, transmitted to Jupitice, and displayed in the applicable work diary. In order to prevent transmission of your confidential information to Jupitice, you agree not to access your confidential information while the Jupitice Platform is active. Although we have taken reasonable measures to prevent unauthorized persons from gaining access to your computer via the Software Platform, we cannot foresee or control the actions of third parties. Therefore, use of the Jupitice Platform could make you vulnerable to security breaches that you might not otherwise face and could result in the loss of your privacy or property. You agree that Jupitice is not liable to you for security breaches resulting from your use of the Jupitice Platform or otherwise.

6. NO NOTICE OF UPDATES.

Jupitice reserves the right to modify or change this EULA from time to time without notice to You. The latest version will be available on the Site. Jupitice also may update or modify the Jupitice Platform from time to time at its discretion. Your election to continue use of the Software Platform, after the date of posting of these modifications to the EULA or to the Jupitice Platform constitutes acceptance of those modifications. If you do not agree with the modifications, do not use the Software Platform.

7. EXPORT CONTROLS.

You are responsible for complying with trade regulations and both foreign and domestic laws. You acknowledge that the Jupitice Platform or its underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Cuba, Iraq, Iran, Libya, North Korea, Syria or any other country subject to United States embargo; (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or on the U.S. Commerce Department’s Denied Party or Entity List; and (c) you will not export or re-export the Jupitice Platform to any prohibited country, person, end-user or entity specified by U.S. Export Laws.

8. TERM AND TERMINATION:
8.1. TERMINATION:

This EULA is effective as soon as you install, use, copy or distribute the Jupitice Platform and shall continue until it is terminated by Jupitice or you, as provided for under the terms of this Section. Unless otherwise agreed to in writing with us, either you or we may terminate the contractual agreement represented by this EULA at any time upon notice to the other party. This EULA, including without limitation your right to the Jupitice Platform as specified in Section 1, terminates immediately and without notice from Jupitice if you fail to comply with any of its provisions. Upon termination you shall immediately discontinue use of and destroy the Jupitice Platform and all copies or portions thereof, including any master copy, and within ten (10) days certify in writing to Jupitice that all copies have been destroyed.

8.2. SURVIVAL OF TERMINATION:

Sections 1.3, 2, 3, 4, 7, 8.2 and 9 of these terms will survive any termination of this EULA. The termination of this EULA does not limit Jupitice’s other rights it may have by law.

9. MISCELLANEOUS PROVISIONS.
9.1. SEVERANCE. WAIVER:

If for any reason a court of competent jurisdiction finds any provision or portion of this EULA to be unenforceable, it shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force.

9.2. AUDIT.

You agree that, on Jupitice’s request, you will certify in writing your compliance with the terms of this EULA.

9.3. ASSIGNMENT.

You may not assign this EULA or sublicense, assign, transfer or delegate any right or duty hereunder, without the prior written consent of Jupitice, at our sole discretion. Notwithstanding the foregoing, Jupitice may assign or transfer this EULA or any rights granted hereunder without your prior consent. This EULA is binding on and will inure to the benefit of the parties successors and permitted assigns.

9.4. ENTIRE AGREEMENT.

This EULA and the terms expressly incorporated by reference herein, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

ODR Service Agreement

IIMPORTANT NOTICE: THIS IS A LEGAL DOCUMENT; PLEASE SEEK LEGAL ADVICE BEFORE SIGNING PLEASE SEEK LEGAL ADVICE IN ORDER TO PROTECT YOUR INTERESTS

1. AGREEMENT TO RESOLVE DISPUTE UNDER ONLINE DISPUTE RESOLUTION MECHANISM (the “ODR Mechanism”).

(a)  The parties hereto acknowledge that their dispute (as further particularized below) (“Dispute”) is within the scope of the ODR Mechanism providing for an online dispute resolution process through negotiation, mediation, and/or binding arbitration, and hereby agree to settle their Dispute in accordance with the Jupitice ODR Rules or any other Rules as mutually agreed for the ODR Mechanism (respectively, “ODR Rules”) that are in force as at the time of the Parties’ submission of the notice for dispute resolution to Jupitice.

(b) The Parties agree to appoint Jupitice Justice Technologies Private Limited (“Jupitice”) to be the service provider to process and facilitate resolution, determination, and settlement of their dispute in accordance with the ODR Rules.

(c)  The principal law of (i) this Agreement, (ii) the parties’ negotiation, mediation, and/or arbitration process (as the case may be), and (iii) the seat of dispute resolution under the ODR Mechanism (whether by way of negotiation, mediation and/or arbitration, as the case may be) shall be Jupitice. In the event of any disputes, claims or differences arise in the future for or in reference with this Agreement arising between the Parties, the Parties shall submit any such disputes, claims or differences to be resolved by the exclusive jurisdiction of the Indian courts.

(d)  The language(s) to be used in resolving the Dispute shall be Hindi or English.

(e)  The Parties hereby irrevocably agree and confirm that they elect to use the ODR Mechanism to resolve this particular Dispute, rather than other forums (whether online or offline) for dispute resolution. This Agreement succeeds and replaces any previous dispute resolution agreements the Parties may have made for or concerning to the particular subject matter of this Dispute subject however to clause (f)(I) below.

(f)  Specifically, in the event the Parties elect for binding arbitration under the ODR Mechanism for resolution of their Dispute:

I. Any decision and award of the arbitrator under the ODR Mechanism shall be final and binding upon the Parties. For evasion of doubt, notwithstanding clause (e) above, nothing during this Agreement prevents either Party from seeking remedies of injunction (including interim/ interlocutory and permanent injunctions), specific performance, orders for preservation of evidence, assets or conduct, or the other applicable equitable relief from any court of competent jurisdiction, and any such requests shall not be deemed or construed as incompatible with the agreement to arbitrate under the ODR Mechanism or as a waiver of the right to arbitrate under the ODR Mechanism.

II. As between the Parties, the arbitrator under the ODR Mechanism has authority and power to grant interim measures and relief, including but not limited to injunctions, performance, or the other applicable equitable relief (“Interim Relief”). Where an Interim Relief is enforceable by a court of skilled jurisdiction according to relevant laws, a Party’s request/application for Interim Relief shall be made to the arbitrator under the ODR Mechanism first. However, if, consistent with any applicable laws of the relevant enforcement jurisdiction(s) concerned, the arbitrator is not authorized to grant any such Interim Relief and/or any such Interim Relief would be unenforceable by the court of competent jurisdiction of the relevant enforcement jurisdiction(s) concerned, a Party may then (a) request the arbitrator to transfer the Party’s request/application for Interim Relief to the relevant court or (b) request/apply for Interim Relief from the applicable court and/or enforcement organs of the relevant jurisdiction(s) directly.

(g) Unless otherwise agreed between the Parties and/or awarded by the mediator/arbitrator under the ODR Mechanism (as the case may be), each Party shall bear its own costs and expenses concerning the present Agreement and the use of the ODR Mechanism.

(h) Each Party hereby acknowledges and agrees that Jupitice will only handle disputes involving monetary claims below the total amount of USD 100K. For disputes exceeding the amount of USD 100K, both Parties hereby agree and confirm to waive and abandon the part of a monetary claim for their dispute that is over USD 100K when submitting their Dispute for resolution under the ODR Mechanism. The Parties understands that Jupitice has the right to decline to accept their case under the ODR Mechanism if their claim exceeds this maximum monetary limit.

2. ARBITRATOR/ MEDIATOR

The Parties agree to use Mediation/Negotiation/Arbitration for the resolution of their Dispute under the ODR Mechanism.

The Parties agree that one (1) Mediator/Arbitrator shall be appointed, and the Parties shall endeavor to agree on the appointment of a mediator / arbitrator for the dispute resolution proceedings under the ODR Mechanism.

If the Parties fail to agree on the appointment of the mediator/arbitrator, the Parties acknowledge and agree that Jupitice has the sole and absolute discretion to appoint any such other mediator(s)/arbitrator(s) as appropriate in accordance with the Jupitice ODR Rules, and Jupitice’s decision and appointment shall be final.

3. ELECTRONIC TRANSACTIONS

Each Party shall make sure that personal data supplied by that Party to Jupitice and the mediators/arbitrators for processing under the ODR Mechanism are true and accurate, and if there are any inaccuracies in any such personal data, that the Party shall promptly notify and request Jupitice to update and correct those inaccuracies.

Unless there is any relevant legal requirement under any valid laws to the contrary, both Parties agree that any documents and instruments concerning or arising from their use of the ODR Mechanism may be presented in the electronic format and executed using electronic signatures by the relevant signatories, which shall have the same legal force and effect as if the documents and instruments were accessible and implemented in a paper, including but not limited to (i) this ODR Agreement and its execution thereof, (ii) the mediated settlement agreement and the execution thereof, (iii) any other documents, submissions and communications for or relating to the processing and resolution of this Dispute under the ODR Mechanism; and (iv) the arbitral direction, judgement and award issued by the arbitrator, and the performance thereof.

This Agreement shall be executed by the Parties in counterparts, each of which is an ingenious and together forms the same legal instrument.

4. FEES FOR CLIENTS

4.1 Client shall pay fee “as stated in the Service Order” in respect of the ODR Services provided by Jupitice to the clients subject to Clause

4.2 Vat & Other Taxes

Jupitice may be required by applicable law to collect taxes or levies including, without limitation, withholding income tax or VAT (while some countries may refer to VAT using other terms, e.g. GST, we will just refer to VAT, GST and any local sales taxes collectively as “VAT”) in the jurisdiction of the ADR Practitioner (the "Taxes"). In such instances, any amounts Jupitice is required to collect or withhold for the payment of any such Taxes shall be collected in addition to the fees owed to Jupitice under the Terms of Service.

5. CONFIDENTIALITY AND DATA SECURITY

The Parties agree that Jupitice shall process any personal data in accordance with the applicable personal data protection Rules, Laws and Regulations.

I acknowledge that I even have read and fully understand the above document namely, the terms of the ODR Agreement and I confirm my agreement to all the terms contained therein.

PRIVACY POLICY JUPITICE

Effective 14th May, 2021

Jupitice Justice Technologies Pvt. Ltd. provides Privacy Policy which is an integral part of our website. The privacy policy of Jupitice discloses the privacy practices we adopt to make you aware of the policies and procedure to protect the personal information of our users. If you have any questions or concerns regarding this privacy notice, or our practices in regard to your personal information, please contact us at https://jupitice.com/contact. Note that we compile the information collected from you from the Site, through the Service, or collected offline.

We must acknowledge you with the fact that certain services or features inscribed in the Privacy Policy may not be offered on the services at all the time. For more information, please also review our Terms of Service, which regulates your use of the Service which will be accessible at https://www.Jupitice.com/legal#Terms of service.

This privacy notice applies to all data gathered through our services as well as related services. Please read this privacy notice thoroughly as it will help you to understand what we do with this data that we collect. We have also provided short summaries in this Privacy Policy which will help you to understand the genus of data collected by us, how we use that data, and what are your rights and choices.

1. INFORMATION COLLECTED BY US

Users in this context may be Clients, ADR Practitioners or Representatives (as each is defined in the User Agreement).

Information given by you

When you access the Service, you may provide us with information related to you. We collect personal information that you voluntarily provide to us which may include your name and contact information, financial information to make or receive payment for services obtained through the Jupitice platform, or information which will help us. This helps us improve our Services for you.

Personal Information: In the course of using the Service we may require or otherwise collect information that identifies you as a specific individual and can be used to contact or identify you (“Personal Information”).

  • Payment Information: If you use the provided Service to make or receive payments, we will also collect from you certain payment information.
  • Identity Verification: We may collect Personal Data may also include Government authorized identification cards such Taxpayer Identification Number, PAN Card, Aadhar Card to validate your identity or as may be required by law.
  • General Audience Service: The Service provided is for general audience and intended for users 18 years and above. We do not deliberately collect Personal Information from anyone who is below than age 18. We are vigilant towards the fact that any user who is below 18 years and accesses our services provide us with Personal Information, we will use commercially reasonable efforts to delete such information from the records. If you are the parent or legal guardian of a child below than age 18 and believe that Jupitice has collected Personal Information from your child, please contact us at: legalnotices@Jupitice.com
  • Unidentifiable Information/Usernames: We may collect other data and general case related data such as postal codes, etc. (“Unidentifiable Data”). We may accumulate data collected from registered and non-registered users (“Jupitice Users”).
  • Combining Personal Data and Unidentifiable Data: Certain Unidentifiable Data would be deemed as a segment of your Personal Data if it were combined with other identifiers in a way that enables you to be identified (for example, combining data with your name). But the same pieces of data are deemed Unidentifiable Data when they are taken alone or combined only with other unidentifiable data (for example, your viewing preferences). While accessing our discretion we may merge Personal Data with Unidentifiable Data, but Jupitice will treat the merged data as Personal Data.
  • Collection of Third Party Data: Jupitice collect the certain personal data from you about your contacts for the purpose of affixing your contacts to a message room.

Jupitice users are not statutory bound to provide us with any information, rather a contractual obligation arises, and any user unwilling to provide us with the personal information will not be able to access the services. If any user has questions regarding whether providing of data is mandatory and the outcome for retaining such data, please contact us using the contact information provided below.

Data Provided by Third Parties

Third parties may also provide data related to you. If we compile that data with data regarding you collected through the Service, we will still treat that compiled data as set forth in this Privacy Policy.

We may obtain data related to you from third parties. If we compile the data that is obtained from others with data that we collect through the Service, we will treat the compiled information as described in this Privacy Policy.

Data Collected Automatically

Like other online dispute resolution platforms, Jupitice receive technical data when users use our Services. We use these technical data to scrutinize how people use the Service, to enhance our Site functions, to save your log-in information for future sessions, and to serve you with advertisements that may interest you.

We and our third party service provider, together with analytics and third party content providers might mechanically collect bound data from you whenever you access the services. This data might embrace, among alternative data, the browser and software you are using, the URL or promotion referred you to service, the search terms you entered into a probe engine that guide you to the service, areas inside the service that you simply visited, those links you clicked on, that pages or content you viewed and for a way long, alternative similar data and statistics concerning your interactions like content response times, load errors and length of visit to certain pages and other information commonly shared once browser communicate with websites. Jupitice may compile this automatically collected data with other data that we collect regarding you. We do this to boost services we provide to you and to boost promoting, analytics and website functionality. The information we collect conjointly includes the Internet Protocol (“IP”) address or supplementary distinctive device symbol (“Device Identifier”) for any device that is used to access the services provided by us. A Device Identifier is a string of numbers and letters that identifies every individual device in the world.

Jupitice and its partners use cookies or similar technologies to investigate trends, administer the website, track users’ movement throughout the website, the desktop app as well as the mobile app, and to assemble demographic data regarding our user base as a whole. The technology used to collect data automatically from Jupitice Users may include the following:

  • Cookies: Like numerous websites, we and our marketing partners, affiliates, analytics, and service providers use “cookies” to collect data. A cookie is a small piece of data produced by a website and saved by your web browser. Its purpose is to remember data regarding you, similar to a preference file created by a software application. We use both persistent cookies that remain on your device and session ID cookies, which ceases at the end of your browser session. User can control the utilization of cookies at the individual browser level, but if user opts to disable cookies, it may limit user’s use of certain features or functionality of the Service. For further data on cookies and how they are used for the Service, please visit Jupitice’s Cookie Policy at   https://www.Jupitice.com/legal#cookie-policy.
  • Web Beacons: Jupitice and our marketing partners, affiliates, analytics, and service providers may also use software technology called as “web beacons” or “tracking tags” to help us keep track of what kind of content on our Service is effective and to present relevant advertising to you. Web beacon is a technique used on web pages and email to unassuming allow checking that a user has accessed some content. Through web beacons we can track the online behavior of web users. Web beacons or similar technologies may also be used for numerous purpose, including, without limitation, to count visitors to our Service, to monitor how Jupitice Users navigate the Service, to count the number of emails that were sent were actually opened, or to count number of particular articles or links were actually viewed.
  • Embedded Scripts: Jupitice and our marketing partners, affiliates, analytics, and service providers may also use software technology called as an Embedded Script. An Embedded Script is programming code that is designed to gather data about your interactions with the Service, for example the links you click on. The code is temporarily downloaded onto your device and is deactivated or deleted when you disconnect from the Service.

In addition, Jupitice and our marketing partners, affiliates, analytics, and service providers may use a variety of other technologies that gather same data for safety purposes and for detection for fraud and Jupitice may use third parties to perform these services on our behalf.

OUR RESPONSE TOWARDS DO NOT TRACK SIGNALS

Please note that your browser setting may permit you to automatically broadcast “Do Not Track” signal to websites and online services you visit. There is no agreement among industry participants as to what “Do Not Track” means in this regards. Like many other websites and online services, Jupitice does not amend its practices when it receives a “Do Not Track” signal from a visitor’s browser.

PROFILES OF USERS

ADR Practitioners may create a profile, with certain or all information publicly available. Clients and Representatives may also create organization profiles.

Users may have the opportunity to create a profile, which contains information about them, and that may incorporate Personal Information, including your username (“Profile”). The information in User’s Profile may be visible to all Jupitice Users and the general public subject to the privacy preferences user make within their Jupitice Profile. User may emend certain data in Profile via your account and may choose to curtail who is able to view certain content you post to your Profile. Clients and Representatives of associated individual users or companies may also have the opportunity to create an organization Profile. If, in any case, user believe that an unauthorized profile has been created of user, user can request for it to be removed by contacting us at https://jupitice.com/contact  or legalnotices@Jupitice.com.

COMMUNITY FORUM

Jupitice may offer public platforms or blogs. If you participate, your comments and questions will be displayed publicly.

The Service may provide user the opportunity to participate and post content publicly in forums, on blogs, through intercommunication features on Jupitice and through other communication functionality (“Community Forums”). User may opt, through such features or otherwise, to submit or post questions, comments, or other content (collectively, “User Forum Content”). Please note that certain information, for example user name and Profile may be displayed publicly on the Service accompanying your User Forum Content. Please note that your use of Community Forums is subject to our Terms of Service.

Please note any content that user post to a Community Forum is public — public will have access to your User Forum Content and may use it or share it with third parties. If you opt to voluntarily disclose Personal Information in your User Forum Content or use Community Forums to link to your Profile, that information will be considered public information and the shielding of this Privacy Policy will not apply.

To request elimination of your personal data from our blog or community forum, contact us at https://jupitice.com/contact  or legalnotices@Jupitice.com. In some cases, we may be unable to eliminate your Personal Data, in which case we will let you know if we are unable to do so and why.

Testimonials

We exhibit personal testimonials of satisfied customers on Service provided by us, including other endorsements. With your concurrence we may post your testimonial along with your name. If you are willing to amend or delete your testimonial, you can contact us at https://jupitice.com/contact  or legalnotices@Jupitice.com.

Feedback

We assemble feedback from Jupitice Users regarding their experience with other Jupitice Users of our Service. Please note that any feedback you furnish via the Service or feedback provided about you is publicly evident via the Service. On extremely rare instances, we may delete feedback in consonance with the relevant provisions of our Terms of Service, as well as the Terms of Use.

Email to Friends and Referral Program

Jupitice lets you send service listings to friends via email. Jupitice also offers the ability to send friends emails about providing or purchasing services through the Service. If you opt to use either feature, your friend’s email address that will be used to send the requested posting and your email address will be used to copy you on the message to your friend or to send the message on your behalf. Jupitice stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program.

Your friend may contact us at https://jupitice.com/contact  or legalnotices@Jupitice.com to request that we remove this information from our database.

Social Networking Services

You may register for an account directly with our Site, or through a social networking site. If you register through a social networking site, we will gather certain data about you from that social networking site, and what we gather depends on your privacy settings with that social networking site. The Service may also allow you to “like” or share content with social networking sites.

You may register to access the Service directly via the Service or by logging into your account with a third party social networking site (“SNS”) via our Service. If you opt to register via an SNS, or on a later stage link your account with the Service to your account with an SNS, we will use the Personal Data you have provided on that social networking site to create your account. Note that the data we gather from and through an SNS may depend on the privacy settings you have set with the SNS and the authorization you grant to Jupitice in connection with linking user’s account with the Service to user account with an SNS. Eliminating what we may share with the SNS as described below, the Personal Data an SNS has about user is obtained by the SNS independent of our Service, and Jupitice is not responsible for it.

The Jupitice Service also may permit supplementary interactions between Jupitice and a third party website, or other content provider. If you “like” or share content, or to otherwise share data from or via our Service with a third party site or service, that data may be displayed publicly, and the third party may have access to data regarding you and your use of our Service (and Jupitice may have access to data regarding you from that third party). These features may collect your Internet Protocol (IP) address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Your interactions with third parties through an SNS or similar features are governed by the respective privacy policies of those third parties.

You present that you are entitled to use your SNS account for the purposes described herein without breach by you of any of the terms and conditions that governs the SNS, and without obligating Jupitice to pay any fees or making Jupitice subject to any usage limitations imposed by such SNS. You can disable the link between your Jupitice account and your SNS account at any time through the “Settings” section of our Service. Please note that your relationship with any Social Networking Site is governed solely by your agreement(s) with such SNS. If your SNS account terminates, then functions enabled through the link between your Jupitice account and your SNS account will terminate as well.

2. HOW WE USE DATA

We use information gathered through the Service to provide and enhance the Service, process your requests, prevent fraud, provide you with data and advertising that may interest you, with respect to the law, and as otherwise permitted with your acquiescence.

HOW WE USE THE DATA WE COLLECT:
  • To deliver and enhance the Service, complete your transactions, address your questions, process your registration, verification of data provided by you is valid, and for compliance and internal business purposes.
  • To associate you with administrative communications and Jupitice newsletters, marketing or promotional materials (on behalf of Jupitice or third parties) and other data that may be of interest to you. If you decide at any time that you are no longer willing to receive such communications from us, please follow the instructions in Your Choices and Rights section, below.
  • To customize content, we may display and present to you both on the Service and elsewhere online
  • To manage and prosper our business relationship with you and, if applicable, the corporation or other legal entity you represent.
  • To evaluate your offer to perform as ADR Practitioners for Jupitice and prepare reports related to governmental and internal statistics.
  • To implement and comply with the law, including to conduct an enquiry, to harbour the property and rights of Jupitice or a third party, to harbour the safety of the public at large or any particular individual, or to prevent or stop activity we may consider to be, or to impose a risk of being, unlawful, dishonest, fraudulent, immoral or legally actionable activity. Jupitice may also use Device Identifiers to identify Jupitice Users.
  • For the purposes disclosed at the instant you provide your data, with your consent, and as further described in this Privacy Policy.

We use your Personal Data for the purposes described above:

  • To Honor Our Contractual Obligation to You. Much of our processing of Personal Data is to meet our contractual undertakings to our investors, or to take steps at Users' request in anticipation of entering into a contract with them.
  • For Our Lawful Interests. In many cases, we handle Personal Data on the grounds that it furthers our lawful interests in commercial activities, such as the following, in ways that are not overruled by the interests or fundamental rights and freedoms related rights of the affected individuals:
    • Providing our Website and Service.
    • Inspecting and improvising our business.
    • Communications, as well as marketing and answering to your queries about our services.
    • Addressing information security needs and protecting our Users, Jupitice, and others.
    • Managing legal issues.
  • To Comply with Legal Obligations. We require to use and reveal Personal Data in certain ways to comply with our legal obligations.
3. DATA RETENTION

Unless you request that we delete certain information (see Your Choices and Rights below), we preserve the data you submit to verify your identity for 30 days and we preserve other data we collect for at least 5 years. Your data may persevere in copies made for backup and business continuity purposes for additional time. If you choose to provide us with Personal Data, we encourage you to constantly update the data to ensure that we have accurate and up-to-date data about you.

4. DATA SHARING AND DISCLOSURE

We may share data regarding you to provide the Services, for lawful and analytic purposes, in reference with sweepstakes and promotions, or if we are part of an amalgamation or acquisition. We may also share unidentifiable data with third parties. You have choices as to whether we share your personal data with third parties for their own marketing purposes.

We may share aggregated Unidentifiable Data and we may otherwise disclose Unidentifiable Data to third parties. We do not share your Personal Data with third parties for these third parties’ marketing purposes unless we first provide you with the opportunity to be a part of such sharing or not. We may also share the data we have collected regarding you, including Personal Data, as disclosed at the time you provide your data, with your acquiescence, as otherwise provided in the Privacy Policy, or in the following:

  • Data about ADR Practitioners shared with Clients, Representatives: We share data regarding ADR Practitioners who have entered into a contract with Clients and Representatives. Please note that in case where an ADR professional is suspended from the Jupitice Services, the data regarding that ADR professional may be provided to the Client for whom he was working or was willing to work. We may also share data with Representatives to whom ADR Practitioners are associated for a particular case. If you opt to view a job post or submit a proposal for working as an ADR Practitioner via the Service, we may share relevant data with the Client(s) who has chosen you to fight his case, including, but not limited to, the data contained in your ADR Practitioner’s Profile.
  • Data regarding Clients and Representatives shared with ADR Practitioners: If you have executed a service contract or agreed to access Jupitice with another user, we may provide him/her with personal data, in order to complete the transaction or to ease the resolution of a claim or dispute. The user receiving your data is not allowed to use it for purposes not related to the transaction, unless you have consented to it expressly.
  • Providers of Service: Jupitice may engage third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to discharge Service-related services or to guide us in investigating how our Service is used. These third parties may have access to your Personal Data in respect to perform these tasks on our behalf.
  • Consequences Faced if You Agree to Receive Data from Third Parties or Request that We Share Your Data: You may be given an opportunity to receive data and/or marketing proposal from one or more than one third parties. If you agree at that time to have your Personal Data shared, your Personal Data will be revealed to that third party (or parties) and will be subject to the privacy policy and actions of that third party. We are not liable for the privacy policies and practices of third parties, and, if you later decide that you no longer want to receive messages from a third party, you will require to contact that third party directly. You also may request, sometimes through your use of an SNS or similar interactive feature or third party application, that we share information regarding you with a third party and we will usually do so under those circumstances.
  • Lawful and Investigative Purposes: Jupitice will share data with government representatives as required by law in a reply to legal requests by public authorities, comprising to meet national security or law implementing requirements and, including without restrictions, in connection with reporting earnings. We cooperate with government and law implementing officials and private parties to implement and comply with the law. We will reveal data about you to government officials or law enforcement officials or private parties as we, in our sole discretion, deems it to be fit or appropriate to reply to claims and legal process or, at the request of government official or other third parties conducting an inquiry where we decide in our sole discretion the revelation is necessary to (a) protect the assets and rights of Jupitice or a third party, (b) protect the safety of the public at large or any person, or (c) restrain or stop activity we may consider to be, or constitute a risk of being, unlawful, dishonest, fraudulent, immoral or legally actionable activity.
  • Internal and Business Transfers: Jupitice may share data, including Personal data, with its guardian company Jupitice Justice Technology Pvt. Ltd., and any present or future subsidiaries or affiliates, predominantly for business and operational purposes. We may sell, convey, or otherwise share some or all of our assets, including your Personal Data, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
  • Contests and Promotions: We may provide sweepstakes, contests, and other promotions (any, a “Promotion”) that may need registration. By being a participant in a Promotion, you are consenting to the official rules that governs that Promotion, which may contain specific requirements of you, including, except where forbidden by law, allowing the sponsor(s) of the Promotion to use your personal details, or other indicia of persona in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, your Personal Data may be revealed to third parties or the public in connection with the administration of such Promotion, including, without restriction, in connection with winner selection, prize distribution, and as required by law or permitted by the Promotion’s official rules, such as on a winner’s list.
5. THIRD PARTY ANALYTICS PROVIDERS, ADVERTISEMENT SERVERS AND SIMILAR THIRD PARTIES

Jupitice may work with advertising Representatives who use technology to help us acknowledge how people use our Website. These Representatives may use technologies to serve you advertisements that may interest you. You can adopt to stop of receiving interest-based advertising.

Jupitice works with network advertisers, ad Representatives, analytics service providers to enlighten us with data regarding traffic on the Service, including pages viewed and the actions taken when visiting the Service; to present our advertisements on other websites, within mobile applications and elsewhere online; and to serve us with data regarding the utilization of the Service and the effectiveness of our advertisements. Our service providers may gather certain data regarding your visits to and activity on the Service as well as other websites or services, they may set and access their own tracking technologies on your device under their discretion, and may use that data to display your targeted advertisements. Some of these parties may gather Personal Data when you visit the Service or other online websites and services. We may also share Unidentifiable Data with these parties, including Hashed Information, in connection with the services they provide to us.

Jupitice works with network promoters, advertisement Representatives, analytics service providers to give us data with respect to traffic on the Service, including pages viewed and the activities done while visiting the Service; to serve our ads on different sites, inside versatile applications and elsewhere on the web; and to furnish us with data with respect to the utilization of the Service and the viability of our notices. Our service providers may gather certain data about your visits to and actions on the Service including the use of other sites or administrations, they may set and access their own tracking technologies on your device and may utilize that data to show you targeted advertisements. Some of the parties may gather Personal Data when you visit the Service or other online sites and administrations. We may also share certain Unidentifiable Data with these parties, including Hashed Data, regarding the administrations they give to us.

6. YOUR CHOICES AND RIGHTS

You have certain choices regarding how we may interact with you.

Users registered on Jupitice may amend their choices about the types of messages you receive from us through your online account. You also may choose of receiving marketing emails from us by following the instructions provided in those emails. Please note that we retain the right to send you certain messages in relation to your account or use of the Service (for example, administrative and service announcements) via email addresses and other modes and these transactional account messages may be unaffected if you opt from receiving marketing communications. You may choose to opt-out of receiving text messages by replying “STOP” to any message received. Registered Jupitice Users who access the Service by using an Jupitice mobile application may, with prior permission, receive push notifications. Likewise, registered Jupitice Users who use the Service by using certain desktop browsers may, with prior permission, receive push notifications. Notification preferences can be changed in the settings menu for the mobile application or the applicable browser.

Users may request access to or amending any Personal Information we have about them or deactivate their account and/or request deletion of all Personal Data we have about them. We will respect User requests to the extent we can reasonably do so and as required by law, but some information will remain on the Services, such as information you posted publicly.

Upon request Jupitice will provide you with data about whether we preserve any of your personal information. You are responsible for maintaining the reliability of the data you submit to us. You may access, correct, or request deletion of your personal data by making updates to that data or by contacting Jupitice through your online account. If you request to access all personal data you’ve submitted, we will reply to your request to access within 7 days or as otherwise stated by law. If your data is deleted, then your account may be deactivated. If your account is deactivated or you ask to deactivate your account, you will no longer be able to access the Service. If you would like to deactivate your account in our system, you can do so through the Jupitice Service.

7. SECURITY WE PROVIDE

We take numerous steps towards protecting your data, but no security is guaranteed.

Jupitice takes commercially sensible steps to help protect and secure the data it collects and stores about Jupitice Users. All access to the Site is encrypted using secure socket layer technology. When you enter delicate information, we encrypt the transmission of that information using secure socket layer technology (“SSL”). We also use HTTP strict transport security to add an additional layer of protection for our Jupitice Users. But remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. Thus, while we strive to protect your Personal Information, Jupitice cannot ensure and does not warrant the security of any information you transmit to us.

8. INTERNATIONAL TRANSFER OF PERSONAL INFORMATION

Because we are an Indian company, we process and store your information in India and our service providers may process and store it elsewhere.

Jupitice is an Indian company. If you are located outside India and are willing to provide information to us, Jupitice transfers Personal Data to India for processing, and our service providers may process Personal Data in India and elsewhere. These countries may have different data protection laws as the country in which you initially provided the information. When we transfer your data to India, we will protect it as described in this Privacy Policy.

When we transfer Personal Data from territories or with similar laws to our affiliates or service providers in India and elsewhere outside India, we trust on approved data transfer mechanisms, with standard contractual clauses and the Privacy Shield, as described below. You may request a copy of the standard contractual clauses relevant to your Personal Data, if any, using the contact information below.

9. PRIVACY SHIELD

Jupitice and its affiliates Jupitice Justice Technologies Pvt. Ltd follows the guidelines of European GDPR, Data Protection in Canada, California online Privacy protection and Swiss Data Privacy Law with respect to the Personal Data that they receive in reliance on this Privacy Shield.

10. LINKS TO OTHER SITES

Our Service contains hyperlink to other websites. If you decide to click on a third party link, you will be directed to that third party’s website. The fact that Jupitice link to a website is neither an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or data security policies or practices. We do not exercise our jurisdiction over third party websites. These other websites may place their own cookies or other files on your computer, gather data or solicit Personal Data from you. We encourage you to read the privacy policies or statements of the other websites you visit thoroughly./p>

11. PUBLIC PROFILE

The profile you create on our Site will be publicly accessible except otherwise indicated. You may transpose the privacy settings of your profile through your account portal.

12. PHISHING

Phishing is the fraudulent attempt to obtain sensitive information or data, such as usernames, passwords and credit card details or other sensitive details, by impersonating oneself as a trustworthy entity in a digital communication. Identity theft and the practice currently known as “phishing” are of great concern to Jupitice. In addition, if you believe you have received an email or had a similar interaction with a third party professing to be Jupitice, please report it at https://jupitice.com/contact.

13. CHANGES TO THIS POLICY

In future we may change this Privacy Policy. If we make substantial changes, we will give notice.

Jupitice may update this Privacy Policy at any time under its discretion and any changes will be effective upon posting. In the event that there are significant changes to the way we treat your Personal Data, we will show a notice through the Services prior to the amendments becoming effective. We may also notify you by email. However, we will employ your Personal Data in a manner compatible with the Privacy Policy in effect at the time you submitted the information, unless you agree to the new or revised policy.

14. CONTACTING US

If you have any questions/doubts regarding this Privacy Policy or in case you discover any ambiguity, please contact us at  https://jupitice.com/contact or  contact@jupitice.com.

15. PERSONAL DATA COLLECTED BY US

We or our service providers may gather the below classification for the following business or commercial purposes (as those terms are defined in applicable law):

  • Providing the Service
  • Jupitice or our service providers' operational purposes;
  • Detecting and prevent the data from being used fraudulently
  • Bug spotting, error reporting, and activities to maintain the quality or safety of our Service;
  • Inquiring compliance with, implementing, and/or complying with the law;
  • Improvising our present Service and evolving new;
  • Other uses that promotes our commercial or economic interests and communicating with you about relevant offers from us or third party partners;

We may also use the below categories of personal data for compliance with applicable laws and regulations, and we may compile the data we gather or eliminate pieces of data to restrict or prevent identification of any particular user or device.

Cookie Policy

Effective 14th May, 2021

This policy describes how Jupitice uses cookies on www.jupitice.com (the “Site”). We recommend that you consult our Privacy Policy for any additional information on how we use collected information from visitors to the Site. The effective date of the policy is 14-05-2021. The continuance use of the Site by your end will signify your acceptance of this policy. We may modify this Agreement from time to time without notifying you, so please check back for more updates.

By using the Site, you agree that we can use the cookies described in this Cookie Policy. If you want to stop cookies than you can change the settings in your browser (more information on how to do this is provided below)

WHAT ARE COOKIES?

Cookies contain such amount of information, which are downloaded to your browsing device (for example your computers or smartphone) when you visit the site. Cookies can also be recognized by the website that downloaded the cookies — or other websites that use the same cookies. This helps websites to know that if the browsing device has visited them before.

WHAT ARE COOKIES USED FOR?

Cookies have a lot of different jobs to do, like helping us to understand how to use the Site, remembering your preferences, letting you navigate between pages efficiently, and also improves your browsing experiences. Cookies also make ensure that the marketing you see online is more relevant to your interests.

WHAT TYPES OF COOKIES DOES JUPITICE USE?

The type of cookies most websites generally use can be put into three categories: Strictly Necessary, Performance, Functionality. In order to provide you with the best browsing experience, Jupitice uses all of these three categories on the Site. You can find out more about each cookie category in the below sections.

STRICTLY NECESSARY COOKIES

Strictly Necessary cookies are essential, as they enable you to look around the Site and use its features, for example accessing secure areas. Without having these cookies, some services that you have asked for such as payment submission can’t be provided.

PERFORMANCE COOKIES

Performance cookies collect information about how you use the Site, for example pages you visited the most and if you receive error messages from certain pages. All the information these cookies collect is anonymous and is only used to improve the working of the Site.

FUNCTIONALITY COOKIES

Functionality cookies remembers the choices you make on the site (such as your user name, language or the country you’re in). For instance, to remember your language preference, the Site also uses functionality cookies. They don’t track browsing activity and are anonymous across other websites. In case you’ve made any changes to text size, font and other parts of pages, these cookies can also be used to remember these changes. They may also be used to provide services you’ve asked for example watching a video or commenting on a blog.

HOW LONG WILL COOKIES STAY ON MY BROWSING DEVICE?

The duration time of a cookie will stay on your browsing device depends on whether it is a “persistent” or “session” cookie. The duration of the Session cookies will be until you stop browsing the site and the Persistent cookies will stay on your browsing device until you delete it or they are expired.

FIRST AND THIRD PARTY COOKIES

First party cookies belong to us, while third party cookies are for another party places on your browsing device through our Site. For example, if you click on the Facebook link than Facebook will place a cookie on your browsing device.

HOW TO CONTROL AND DELETE COOKIES THROUGH YOUR BROWSER

Site can enable, disable or delete cookies you are using to view the browser. You can follow the instructions provided by your browser (usually located within the “Help,” “Tools” or “Edit” facility). If you set your browser to disable cookies, you may not be able to access certain parts of the Site. .

CONTACTING US

If you have any questions about this Cookie Policy, please contact us at www.jupitice.com or by mail addressed to contact@jupitice.com

Mark Use Guidelines

These Mark Use Guidelines (“Guidelines”) let you know about Jupitice’s rights with respect to its marks and when and how you can use them. The Guidelines are a part of and incorporate the Terms of Service. Capitalized terms not defined in these Guidelines are defined in the User Agreement or in the other Terms of Service or have the meanings given such terms on the Site. To the extent permitted by applicable law, Jupitice may modify these Guidelines without prior notice to you, and any revisions to these Guidelines will take effect when posted on the Site, unless otherwise stated in the revised Guidelines. Please check the Site often for updates.

1. Jupitice Marks

The Jupitice name and logo are trademarks of Jupitice. These Guidelines explain the terms under which you are allowed to use the “Jupitice Marks”, which for purposes of these Guidelines and the other Jupitice Terms of Service means Jupitice’s trademarks, including the following:

Jupitice

Jupitice Justice Platform

Jupitice Justice Technology Platform

Jupitice Private Digital Court

Jupitice End-to-End Service Delivery Platform

Jupitice Service Delivery Platform

Jupitice Delivery Platform





The Jupitice Marks are among our most valuable assets. In order to preserve and strengthen our identity, these Guidelines provide conditions of use and clear instructions on proper use of the Jupitice Marks.

2. Use of Jupitice Logo Marks

The Jupitice Marks that are also logos are also referred to in these Guidelines as the “Jupitice Logo Marks”. For example, the Jupitice Logo Marks include:





You may not use an Jupitice Logo Mark unless you have a written license, granted by Jupitice, permitting you to use the Jupitice Logo Mark. If you have not been granted such a license, then you must not use, copy, modify, distribute, or post the Jupitice Logo Mark for any reason. If you have such a license from Jupitice Logo Mark to use the Jupitice Logo Mark, you must use the Jupitice Logo Mark only as licensed and only in accordance with these Guidelines.

3. Use of Other Jupitice Marks

You may use Jupitice Marks other than the Logo Marks descriptively, provided you adhere to these Guidelines, or as otherwise permitted by law.

Descriptive use includes instances where you are referring to Jupitice or Jupitice services, such as “I registered on Jupitice’s website today”, “I attended Jupitice’s Work”, or “Jupitice justice platform have saved my company money.”

Jupitice

Jupitice Justice Platform

Jupitice Justice Technology platform

Jupitice Private Digital Court

Keep these principles in mind as well:

  • Your use should never mislead anyone to believe Jupitice sponsorship, affiliation, or endorsement of your company, products, or services exists when it does not.
  • When referring to Jupitice, use the Jupitice name in a plain text font and format only.
  • Jupitice always appears as "Jupitice," never as "JUPITICE ", “Jupitice”, "Jupitice".
4. Prohibited Use of Jupitice Marks
  • Unless you have written permission from Jupitice, you must never use any Jupitice Mark:
    • On any letterhead, business card, or signature block;
    • JAs part of your business name or a domain name;
    • As part of a user ID, including on Jupitice or social media;
    • In association with any third-party trademark in a manner that might create potential confusion as to the ownership of the Jupitice Mark;
    • In any manner that suggests or could lead someone to believe you are acting on behalf of or in association with Jupitice or that Jupitice has endorsed or sponsored your product or services; or
    • Outside of your relationship with us, except as permitted by Jupitice in writing.
  • Even if you have permission to use an Jupitice Logo Mark, you must never use any Jupitice Logo Mark:
    • That has been reproduced from an unauthorized artwork;
    • That has been modified, including color specifications, position and relative size of the letterings;
    • That has been modified to use negative or reverse “drop-out” reproduction;
    • Tightly confined in a band or bar; or
    • With other seals, logos, or other marks of other entities.
5. Use of Copyrighted Works

You may not use screenshots of or videos of navigation of the Site (as defined in the Site Terms of Use) or other works copyrighted by Jupitice without Jupitice ’s written permission. Rights to screenshots of user profiles, communications, and work product on Jupitice may need to be obtained from the User. You may not use such screenshots anywhere for any purpose without written authorization. Jupitice cannot grant you permission to use screenshots that include third-party content.

Proprietary Rights Infringement Reporting procedure

Jupitice (“Jupitice”, “our”, “us” or “we”) provides these Proprietary Rights Infringement Reporting Procedures (these “Procedures”) to inform you of our policies and procedures regarding claims of infringement of proprietary rights by third parties on our website located at www.jupitice.com These Procedures may be updated from time to time. We will notify you of any material changes by posting the new Procedures on the Site. You are advised to consult these Procedures regularly for any changes.

If you are a proprietary rights owner and you believe someone is using Jupitice to infringe your proprietary rights or if you believe that material located or link to by Jupitice violates your copyrights, you may provide Jupitice with the notice described below (the “Notice”) to Jupitice by email to legalnotices@jupitice.com or by mail to Attn: Legal Department, Jupitice Justice Technologies Private Limited, Plot No. 14, Rajiv Gandhi Chandigarh Technology Park, Chandigarh, India

In response to your Notice, Jupitice may remove or disable access to the allegedly infringing material, and take such other actions we deem appropriate in our sole discretion. Please bear in mind that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is infringing. If we remove or disable access, we will attempt to contact the poster of the allegedly infringing material so that the poster may provide a counter notification (the “Counter Notice”) as described below.

Please include the following items in your Notice, and number them as follows:

  • Identify the proprietary rights that you claim are infringed. For example, identify your trademark or quote your copyrighted material. Provide a URL or link to where the material is located, if possible.
  • Identify the website, webpage, posting, profile, feedback, or other material that you claim infringes your proprietary rights. Provide information reasonably sufficient to enable us to locate it.
  • Identify yourself by name. Provide your address, telephone number, and email address.
  • Provide contact information for the owner or administrator of the allegedly infringing material, if possible..
  • Include the following statement: “I have a good faith belief that use of the material in the manner described is not authorized by the owner of the exclusive proprietary right, its agent, or the law.”
  • Include the following statement: “The information in this notice is accurate.”
  • Include the following statement: “I swear, under penalty of perjury, that I am authorized to act on behalf of the owner of the exclusive proprietary right that is allegedly infringed.”
  • Sign and date the Notice.

The owner or administrator of the allegedly infringing material may provide Jupitice with the notice described below (the “Notice”) to Jupitice by email to legalnotices@jupitice.com or by mail to Attn: Legal Department, Jupitice Justice Technologies Private Limited, Plot No. 14, Rajiv Gandhi Chandigarh Technology Park, and Chandigarh, India.

In response to a Counter Notice, Jupitice may reinstate the allegedly infringing material. Please bear in mind that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is not infringing the proprietary rights of others.

Please include the following items in your Counter Notice, and number them as follows:

  • Identify the website, webpage, posting, profile, feedback, or other material that Jupitice has removed or to which Jupitice has disabled access. Identify the location at which the material appeared before it was removed or access to it was disabled.
  • Identify yourself by name. Provide your address, telephone number, and an email address where we can contact you.
  • That you will accept service of process from the person who provided the Notice or from an agent of that person.
  • Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that each website, webpage, posting, profile, feedback or other material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
  • Sign and date the Counter Notice.

Please bear in mind that Jupitice cannot give you legal advice. If you have questions about whether certain proprietary rights are valid or whether certain material is infringing, you should contact an attorney.