19. Full Agreement These terms and conditions and any documents to which it is specifically referred constitute the whole agreement between us with respect to the subject matter of a contract and include any oral or written prior agreement between us. 7.8 MMDSmart may claim money earned by the Customer as part of the agreement or other agreement that the Customer has with MMDSmart or one of its related companies. Sms Hubbing operates with the same concept of language connectivity model: instead of relying on expensive and multiple individual agreements, language traffic passes through telehouses, which are essentially language hubs. Similarly, many operators connect to hubs to transmit MMS messages to address the many interoperability issues with this messaging technology. The aim of SMS Hubbing is to simplify the sms interworking system by replacing much of the non-productive and identical investments in international agreements traditionally concluded by mobile operators. In addition, Hubbing SMS aims to provide a higher level of service to SMS, by introducing continuous quality of service through service level agreements (SLAs). Sms Hubbing allows operators to manage a single legal, technical and billing relationship, instead of hundreds of additional roaming agreements only for SMS. Dispute Resolution: In the event of a dispute, complaint or controversy between you and us, or between you and Stodge, LLC d/b/a Postscript or any other third-party provider, which acts on our behalf to transfer mobile messages as part of the program, apply from or in connection with federal or state claims, common law rights, this agreement or violation, termination, enforcement, interpretation or validity of this agreement, including the determination of the scope or applicability of that agreement to mediation, such disputes, claims or controversies are determined, to the extent permitted by law, by an arbitration procedure in Poole, United Kingdom, before an arbitrator. The parties agree to submit the dispute to binding arbitration proceedings in accordance with the American Arbitration Association`s (AAA) commercial arbitration rules.
Unless otherwise stated, the arbitrator applies the material laws of the federal judicial circle in which Firepush-Ltd`s head office is located, regardless of its rules of conflict of laws. Within 10 calendar days of a party`s arbitration decision, the parties must jointly select an arbitrator with at least five years of experience in that capacity, with knowledge and experience of the subject matter of the dispute. If the parties do not agree on an arbitrator within 10 calendar days, a party may ask the AAA to appoint an arbitrator who must meet the same experience requirement. In the event of a dispute, the arbitrator decides on the applicability and interpretation of this arbitration agreement under the Federal Arbitration Act (FAA). The parties also agree that the AAA rules apply to emergency protection measures rather than seeking an injunction from a court. The arbitrator`s decision is final and binding and no party has a right of objection, except those under SECTION 10 of the FAA. Each party bears its share of the arbitrator`s costs and the management of the arbitration; However, the arbitrator has the power to order a party to pay all or part of these costs in a reasoned decision. The parties agree that the arbitrator is only entitled to award legal fees to the extent that this is expressly authorized by law or contract.
The arbitrator is not entitled to award punitive damages and each party waives any right to demand or recover punitive damages in the event of a dispute settled by the arbitration.