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General Terms of use

These  terms were last updated on  6th March 2016 applies to the use of website www.odrglobal.in owned and managed by Ujvala Consultants Private Limited .

Following are the terms under which any entity (User) may use the services of ODRGLOBAL.IN (ODR Global) owned by Ujvala Consultants Pvt Ltd, a body corporate having its registered office at No 37, 20th Main, BSK First Stage Bengaluru, 560050.

Any user using these services is contractually bound by these terms under laws applicable in India irrespective of the residential status of the user or the jurisdiction under which the ADR process itself is subjected to.

1.      ODR Global is an IT Service Platform

ODR Global is an Information Technology (IT) service platform that enables conduct of Alternate Dispute Resolution (ADR) proceedings such as Arbitration/Mediation/Conciliation meetings in a virtual environment. (herein after referred to as ODR or Online Dispute Resolution).

ODR Global is not an Institution of Arbitration or Mediation or Conciliation.

The platform can be used by Institutions or Individuals for conducting ADR proceedings according to the ADR rules set by them for the conduct of such proceedings and the laws applicable.

The rules contained herein are rules applicable only for the use of the technology platform.

2.      What are the Services of ODR Global?

 I.     Virtual ODR Service

a)      Provision of the Virtual ODR meeting room the use of which is licensed on hourly basis.

b)      Associated services include secretarial assistance such as serving of notices, documenting of proceedings etc.

c)      ODR Global will also provide Certified copies of the proceedings of the Virtual meetings and e-mails sent or received in the conduct of the ODR proceedings, unless otherwise dispensed with by the user.

II Standard ODR Service

a)      Support Services for conducting ODR by an entity with the use of e-mails without a virtual meeting.

b)      Providing certified copies for e-mails sent and received in the conduct of the ODR proceedings unless otherwise dispensed with the user.

III: Back office services

Support Services for conducting ADR by an entity without use of either e-mails or Virtual ODR room

IV: Technology Partnership

Ongoing technology tie-up where the facilities of the Virtual ODR room is provided on a dedicated basis for training and educational purposes.

3.      Who Can Use the Service

The services of ODR Global can be invoked

a)      By an ADR Service Provider (ADRSP) such as an Arbitrator or a Mediator or a Conciliator  or an Institution of Arbitration/Mediation/Conciliation after they have been appointed as an arbitrator/mediator/conciliator by the contracting parties

b)      By one of the contracting parties either after appointment of an ADR provider or before.

Any individual or Institution using the services of ODR Global hereby declares to be competent to enter into this agreement as per laws of India and the country of residence of the user

4.      Commencement of Services

a) Every user shall enter into a supplementary project specific agreement applicable to the service as a Service Level Agreement (SLA).

b) The draft SLA will be sent on receipt of the preliminary information on the scope of the service as requested by the user.

c) The agreement in electronic form would be digitally signed by the user or electronically authenticated with the use of e-sign or one time password.

d)      If the service is invoked by the Arbitrator/Mediator/Conciliator after their appointment, it is deemed that the parties to the dispute have agreed to the use of ODRGLOBAL.IN

e)      If the service is invoked by one of the contacting parties, ODR Global would require the consent of the other contracting parties and the Arbitrator/Mediator/Conciliator to use the services of ODRGLOBAL.IN.

f)      Onboarding the other contracting parties and the Arbitrator would be one of the back office services that ODRGLOBAL.IN will provide in such cases before the proceedings can commence. The requirement and the service charges associated therewith would be covered in the SLA with the party invoking the service

5.      Authentication of Participants

Any party using the services of ODRGLOBAL.IN shall authenticate itself with the use of Electronic Signature Certificates issued as per the provisions of Information Technology Act 2000 (ITA2000).

Additionally, the parties may be required to submit other identity documents that the Registrar may so prescribe on receipt of the notice of invoking the services of ODRGLOBAL.IN

Before commencement of the virtual proceedings, the identity of the parties shall be accepted as per the procedure set out by the Registrar and his decision shall be final and considered binding on all parties.

Before commencement of any virtual meeting, Parties have a right to raise any objection about the identity of the counter party and continuation of the proceedings without such objections being raised is deemed to be an acceptance of the identity of the parties involved in the proceedings by all others.

ODRGLOBAL.IN shall not be liable for any impersonation of any of the parties to the dispute during the proceedings.

Being a Virtual Proceeding, ODRGLOBAL.IN is not responsible for the presence of any persons in the physical location with an authorized participant.

Unless the ADRSP accepts such a person as a Witness or Counsel of one of the parties, no cognizance shall be taken of any statement made by such unauthorized participant.

The ADRSP and the Registrar shall have the right to request such person to excuse himself from the proceedings and if warranted, abort the session at the cost and responsibility of the participant who allowed such unauthorized person to be present during the proceedings.

6.      Use of Associate Services

a)      Proceedings of the virtual meeting are documented by the “Registrar” who acts as a representative of ODR Global and its associate Cyber Evidence Archival Center (CEAC).

The Registrar will be virtually present in the ADR Room and certify the video recording under Section 65B of Indian Evidence Act 1872.

The Registrar will also certify the e-mails sent or received by ODR Global as part of its service.

The Certification services may be dispensed with at the option of the user and the consent of all the parties.

b)      ODR Global may use software and services of any service providers for the purpose of conducting the meetings, sending and receiving e-mail delivery receipts and recording of virtual proceedings or any other technical requirement entirely at its choice and discretion.

 Reasonable care has been exercised in choosing such service providers. However, it is understood by all parties concerned that the services rendered by ODR Global and its associates are primarily technical in nature and are subject to reasonable interruptions, errors and Risks that are inherent in any internet and software based services

c)      ODRGLOBAL.IN uses the services of Cyber Evidence Archival Center (www.ceac.in) for providing certificates under Section 65B of Indian Evidence Act.

Cyber Evidence Archival Center follows a process that has been followed since its inception in 2002 under which several such certificates have been produced and accepted by Courts.

However, it is understood that it is the prerogative of any Judicial body to require further confirmation on the certificates produced and reject them on any grounds that they may deem fit.

Neither ODRGLOBAL.IN nor Cyber Evidence Archival Center would be liable for any such rejection.

As a measure of goodwill, in the event of any specific rejection of such certification by any Court on the grounds attributable to the negligence of ODRGLOBAL.IN or Cyber Evidence Archival Center, 15% of the fees paid for the use of the Virtual ODR platform would be refunded by ODR Global.

In the event a representative of the ODR Global or Cyber Evidence Archival Center is summoned to participate in the proceedings of the Court, the party invoking the services shall pay an appearance fee and travel costs as may be required.

7.      Arbitration Clause

Parties intending to use the services of ODRGLOBAL.IN shall incorporate a clause to the effect mentioned here in in their contract.

“Any or All of the dispute or difference arising out of or in connection with this contract shall be resolved by arbitration using the services of online arbitration services provided under www.odrglobal.in.The arbitration shall be subject to the provisions of the Indian Arbitration and Reconciliation Act 1996 and consist of one/three* arbitrators.." (* use as appropriate)”

Users invoking and using the services of ODRGLOBAL.IN are deemed to have agreed to the presence of an agreement to this effect in their contract whether or not the formalities of writing down the clause and approving them with an authentication is completed by other means.

8.      Seat of ADR

Proceedings of ODRGLOBAL.IN take place in the virtual environment and the physical definition of the seat of arbitration is not relevant.

However, for the purpose of determining the jurisdiction of further appeals if any, the parties to the proceedings may agree on a “Deemed Place where the Proceedings take place”.

In the absence of an agreement to the contrary, the “Deemed Seat of Arbitration” shall be the “Usual Place of Residence” of the party who invokes the services of ODRGLOBAL.IN

9.      Service of Notice

All notices connected with the proceedings will be served through the “Registrar” designated by ODRGLOBAL.IN

10.  Documents

In the absence of instructions to the contrary by the ADR Service Provider (ADRSP) all documents are exchanged between the parties through the “Registrar” designated by the ODRGLOBAL.IN in electronic form or otherwise with appropriate authentication.

11.  Counsels and Witnesses

The parties to the ODR may with the consent of the ADR conducting entity and as per the rules adopted by the ADR entity designate the counsel/s to represent and assist them in the proceedings, and designate witnesses to depose in the hearings.

12.  Disruptions of Virtual Meetings

All participants in a Virtual meeting shall abide by the rules set by the ADRSP and maintain the decorum of the meeting.

In the event of any violation of the rules of proceedings the person causing such violation may be evicted from the proceedings at his cost and responsibility.

Where the person causing violation is a part of the team of one of the authorized participant, such authorized participant shall be responsible for the misconduct and shall bear the responsibility.

The decision of the ADRSP or the Registrar shall be final in respect of all matters pertaining to the conduct of virtual meetings including the right to abort the meeting and fixing the responsibility for the cost of such disruptions.

13.  Technical Disruptions

Virtual meetings may be disrupted on account of technical issues such as non-availability of internet connectivity or failure of any software.

Temporary disconnections and reconnections are considered natural in the technical environment of the virtual meetings and the ADRSP and the Registrar shall ensure that parties temporarily disconnected shall be properly informed of the developments during their disconnection after they reconnect.

In the event such interruptions are long and arise due to reasons considered genuine by the Registrar, the proceedings shall in consultation with the ADRSP be adjourned to a later time.

In the event the ADRSP considers that the disconnection was deliberate, subject to the concurrence of the Registrar, the ADRSP may consider that the party has walked out of the meeting and continue the proceedings as per the rules set by ADRSP for such contingencies.

14.  Cost

The cost of the service of ODRGLOBAL.IN is paid by the person who invokes the proceedings irrespective of who bears the cost as per the terms of the contract or as per the award of the ADRSP.

The professional fee payable to the ADRSP for their services is outside the scope of services rendered by ODRGLOBAL.IN and has to be settled as per the terms of the ADRSP negotiated at the time of appointment.

In the case of ADRSP who has a technical partnership arrangement with ODRGLOBAL.IN, a consolidated fee which includes the professional fee of the ADRSP and the service charges of ODRGLOBAL.IN may be collected either by ODRGLOBAL.IN or the ADRSP and shared as per their inter-se arrangement.

The total cost of platform use may depend on the time for which virtual meetings may be conducted in one or multiple sittings including the final sitting for delivery of the award if required along with other services sought for and rendered.

The primary liability for the payment for the services of ODRGLOBAL.IN is on the party invoking the services. Other parties may also request additional services for which they agree to pay the service charges as prescribed.

The parties agree to make the payment as per the invoices raised in this regard by ODRGLOBAL.IN including invoice for provisional advance or deposit and the final bill after adjustment of earlier advance paid.

ODRGLOBAL.IN retains the right to recover its dues by exercising its right of set off or lien as may be available or other measures under applicable laws as it may deem fit.

15.  Validity

This agreement shall be deemed to have been sent as an offer by the user and upon expression of acceptance by  ODRGLOBAL.IN,  considered valid from the time of its acceptance and shall be valid until the obligations persist.

 16.  Modification

 Any modifications to this General Terms may be incorporated in the SLA which will be considered as a supplementary agreement superseding this agreement.

 17.  Disputes

 Any disputes arising out of this agreement shall be resolved by Negotiation, failing which by Mediation/Conciliation or Arbitration under ODRGLOBAL.IN subject to other provisions of Arbitration and Conciliation Act 1996 of India and deemed to have taken place at Bengaluru, State of Karnataka, India.

 The notices in respect of any dispute arising here in shall be issued to the attention of the Grievance Officer at info@odrglobal.in through a digitally signed e-mail.

 18.  Interpretation

 This agreement is deemed to be an agreement under Indian Contract Act 1872 read along with Information Technology Act 2000 and any matter requiring interpretation shall be done with reference thereof.




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