Fifth, a minority of saaS and cloud services allow users to establish contractual relationships with others, such as service markets, physical goods or digital goods. In some cases, it may be advantageous to provide standard documentation to resolve these relationships. The documentation can be provided in the form of mandatory or standard documentation. In any case, you must carefully rework your responsibility for the provision of such documents: you do not act as a lawyer for your clients. If you provide a B2B SaaS or Cloud service and the provision of that service involves collecting, storing or other personal data processing, you will likely be a data processor for some of this personal data. These cloud services terms (this „agreement“) are a mandatory agreement between you („customer“) and AVEVA, LLC („AVEVA“) software (all „parties“ and each a „party“). 2.7. WHAT CONCERNS THE PERSONAL FACTS OF THE CLIENT TREATED IN THE CADRE OF THE EXECUTION BY THE AVEVA OF HIS OBLIGATIONS, AVEVA a 14.12. Mandatory arbitration. Any controversy or request arising from the agreement, including a violation of the agreement, is determined by a final and binding arbitration managed by JAMS as part of its diffused arbitration rules and procedures („Streamlined Rules“). The arbitrator`s award is final, unverifiable and not likely to be challenged and binding on the parties, and can be registered and enforced in any competent court. Within twenty (20) days of the defendant`s receipt of the arbitration application ordered by JAMS in accordance with the Streamlined Rules or late to it, it is agreed to an arbitrator agreed by the parties who has extensive experience in resolving disputes related to similar products or services.
The place of arbitration is harris County, Texas. The arbitrator is not entitled to award punitive, consecutive, winding-up or other damages that the agreement forsanous, rejects or otherwise prohibits, and the award of arbitration cannot exceed the liability limit set out in the agreement. None of the contracting parties has the right to act as a class member or to participate as a class member in any controversy or arbitration claim arising from the agreement (including a violation of the agreement) or in connection with the agreement. SaaS and cloud service providers should ensure that they also have the right to terminate contracts for convenience, even if they never intend to exercise those rights.