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Arbitration Agreement

Effective Date: May 6, 2025

This Arbitration Agreement (the “Agreement”) governs any dispute, controversy, or claim (collectively, “Disputes”) arising out of or relating to the use of the Vccpanda platform, located at https://www.vccpanda.net. By using our platform, you agree to resolve all Disputes through arbitration, as outlined below.

1. Agreement to Arbitrate

By using Vccpanda, both buyers and freelancers agree that any disputes, claims, or controversies arising out of or related to the platform or services provided shall be resolved exclusively through binding arbitration, rather than through litigation in court, except where prohibited by law. This includes, but is not limited to, disputes regarding payments, project scope, intellectual property, and service delivery.

2. Scope of Arbitration

The arbitration process applies to all Disputes arising under this Agreement, including but not limited to:

  • Breach of contract
  • Failure to fulfill project terms
  • Payment disputes
  • Claims for damages or refunds
  • Issues related to intellectual property rights and violations
  • Claims regarding account suspensions, terminations, or violations of platform rules

3. Selection of Arbitrator

All disputes shall be resolved by a single arbitrator. The arbitrator will be chosen by mutual agreement between the parties. If the parties are unable to select an arbitrator within 15 days of the dispute being filed, Vccpanda will appoint an independent and neutral arbitrator with experience in resolving disputes related to freelance marketplaces.

4. Arbitration Process

The arbitration process will be governed by the following rules:

  • Venue and Location: Arbitration will take place in a location mutually agreed upon by the parties. If the parties cannot agree on a location, the arbitration will occur in the jurisdiction where Vccpanda is incorporated.
  • Rules: The arbitration will follow the rules and procedures of the American Arbitration Association (AAA) or a similar neutral organization, as agreed upon by both parties.
  • Timeline: The arbitration hearing will take place no later than 60 days after the arbitration demand is made. The arbitrator will provide a final written decision within 30 days after the hearing.
  • Language: The proceedings will be conducted in English unless otherwise agreed by the parties.

5. Arbitration Fees and Costs

Each party will bear their own costs for the arbitration, including attorney’s fees and expenses, unless the arbitrator determines that one party has acted in bad faith or has violated the terms of this Agreement. In such cases, the losing party may be ordered to pay the prevailing party’s costs.

6. Binding Nature of the Award

The decision made by the arbitrator will be final and binding on both parties. The arbitrator’s decision may be enforced in any court of competent jurisdiction. The arbitrator will not have the authority to award punitive, incidental, or consequential damages, except as allowed by applicable law.

7. Exceptions to Arbitration

Notwithstanding the provisions of this Arbitration Agreement, either party may seek temporary or preliminary relief from a court of competent jurisdiction if necessary to protect their rights or interests while the arbitration process is pending. These actions are limited to the extent necessary and do not affect the requirement for arbitration.

8. Waiver of Class Actions

Both parties agree that any Disputes will be resolved individually, and that class action, collective action, or representative action is not permitted under this Agreement. Each party waives their right to participate in any class action or similar proceeding.

9. Governing Law

This Arbitration Agreement shall be governed by the laws of the jurisdiction where Vccpanda is incorporated, without regard to its conflict of law principles.

10. Modifications to the Arbitration Agreement

Vccpanda reserves the right to modify or amend this Arbitration Agreement at any time. Any such changes will be communicated to users in advance, and continued use of the platform will be deemed acceptance of the modified terms.

11. Contact Information

If you have any questions about this Arbitration Agreement or the dispute resolution process, please contact us at:
Email: hello@vccpanda.net
Phone: +44 7476 810756
Address: 442 N Barranca Ave, Suite 192, Covina, CA 91723, USA