BefuBefa MASTER SERVICES AGREEMENT
14.4. Jurisdictions. In the event where California laws are the governing law, all disputes arising under or in connection with this Agreement, shall be submitted to binding arbitration in Los Angeles County before an arbitrator selected by mutual agreement of the parties. If the parties are unable to agree mutually on an arbitrator within thirty (30) days after a written demand for arbitration is made, the matter shall be submitted to JAMS/ENDISPUTE ("JAMS") or successor organization for binding arbitration in Los Angeles County by a single arbitrator who shall be a former California judge. The arbitrator shall be selected by JAMS in an impartial manner determined by it. Except as may be otherwise provided herein, the arbitration shall be conducted under the California Arbitration Act, Code of Civil Procedure § 1280 et seq. The parties shall have the discovery rights provided in Code of Civil Procedure § 1283.05 and 1283.1. The arbitration hearing shall be commenced within ninety (90) days of the appointment of the arbitrator, and a decision shall be rendered by the arbitrator within thirty (30) days of the conclusion of the hearing. The arbitrator shall have complete authority to render any and all relief, legal and equitable, appropriate under California law. The arbitrator shall award costs of the proceeding, including reasonable attorneys' fees and costs, to the party or parties determined to have substantially prevailed.
In the event where Hong Kong laws are the governing laws, all disputes arising under or in connection with this Agreement, shall be submitted to binding arbitration in Hong Kong, to the Hong Kong International Arbitration Centre ("HKIAC") before an arbitrator selected by mutual agreement of the parties. The HKIAC's arbitration rules in effect at the time of the arbitration shall be applied. The arbitration hearing shall be commenced within ninety (90) days of the appointment of the arbitrator, and a decision shall be rendered by the arbitrator within thirty (30) days of the conclusion of the hearing. The arbitrator shall award costs of the proceeding, including reasonable attorneys' fees and costs, to the party or parties determined to have substantially prevailed.
14.5. Severability. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.
14.6. Notices. Any notices or other communications provided by us under this Agreement, including those regarding modifications to this Agreement, will be given: (i) via email; or (ii) by posting to the BefuBefa Supply & Sell. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Notices to BefuBefa should be sent to service@befubefa.com.
14.7. Waiver. Our failure to enforce any right or provision of this Agreement will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our duly authorized representative.
14.8. Entire Agreement. This Agreement, together with all documents which incorporate this Agreement (including any customer-specific purchase orders or Statements of Work) and which are incorporated by reference into this Agreement (including 4Supply Price List and Policies, including the Privacy Policy, Copyright and IP Policy, Buyer Terms and Conditions, and Cookie Policy - 1.4) constitutes the complete and exclusive agreement of the parties with respect to its subject matter and supersedes all prior understandings and agreements, whether written or oral, with respect to its subject matter.
14.9. Language. This Agreement may be translated from time to time for your convenience, but the English language version of the Agreement is the binding version.