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Force Majeure Clause

Effective Date: May 6, 2025

This Force Majeure Clause outlines the circumstances under which Vccpanda or its users are excused from fulfilling their contractual obligations due to unforeseen events beyond their control. These events, referred to as “force majeure events,” will not be considered a breach of contract.

1. Definition of Force Majeure

A force majeure event is an occurrence or event that is beyond the reasonable control of the parties involved and prevents or delays the fulfillment of contractual obligations. This includes, but is not limited to:

  • Natural disasters (e.g., earthquakes, floods, hurricanes)
  • War, terrorism, or armed conflict
  • Acts of government or regulatory bodies (e.g., restrictions, sanctions)
  • Labor strikes, lockouts, or other industrial actions
  • Technological failures (e.g., server outages, cybersecurity attacks)
  • Pandemics, epidemics, or widespread health emergencies
  • Acts of God or other unforeseeable events

2. Notification of Force Majeure Events

In the event of a force majeure situation, the affected party (either Vccpanda or its users) must notify the other party within a reasonable time frame. The notice must describe the nature of the event, its expected duration, and its impact on the ability to fulfill contractual obligations.

3. Suspension of Obligations

If a force majeure event occurs, the obligations of the affected party may be suspended for the duration of the event. This means that:

  • Vccpanda may delay or suspend its services to users.
  • Buyers and freelancers may face delays in project completion or communication.
  • Neither party will be liable for any delays, non-performance, or damage caused by the force majeure event.

4. Mitigation of Force Majeure

Both Vccpanda and its users agree to make reasonable efforts to mitigate the impact of a force majeure event. This includes taking steps to resume services, fulfill obligations, and minimize delays once the event has passed.

5. Termination Rights

If the force majeure event continues for a prolonged period (more than 30 days), either party may have the right to terminate the agreement without penalty. This termination will not result in any liability for either party, provided the force majeure event caused the inability to perform.

6. Exclusions

The Force Majeure Clause does not apply to events where one party has failed to act in good faith or where the inability to perform is due to negligence or lack of diligence. For example:

  • Failure to perform due to financial constraints.
  • Negligence or breach of the platform’s terms and conditions.
  • Non-performance caused by a party’s own misconduct.

7. Resumption of Services

Once the force majeure event has ended or is no longer preventing the fulfillment of contractual obligations, the affected party will make reasonable efforts to resume services. Any delays caused by the event will not be considered as a breach of contract.

8. Legal Jurisdiction

This Force Majeure Clause will be governed by the laws and regulations of the jurisdiction in which Vccpanda is incorporated. Any disputes arising out of the enforcement or interpretation of this clause will be resolved according to those laws.

9. Contact Information

For any inquiries regarding this Force Majeure Clause, please reach out to us:

Email: hello@vccpanda.net
Phone: +44 7476 810756
Address: 442 N Barranca Ave, Suite 192, Covina, CA 91723, USA