A Notice under clause 14.1 is taken to be received: if sent by Electronic Communication, at the time that would be the time of receipt under the Electronic Transactions Act 1999 if a notice was being given under a law of the Commonwealth. if hand delivered, on delivery to the relevant address; if sent by pre-paid post, 5 business days the date of posting. Dispute resolution Subject to clause 15.3, the parties agree not to commence any legal proceedings in respect of any dispute arising under this Deed, which cannot be resolved by informal discussion, until the procedure set out in clause 15.2 has been followed. The parties that any dispute between the parties arising under this Deed will be dealt with as follows: the party claiming that there is a dispute will send the other party a written Notice setting out the nature of the dispute; the parties will try to resolve the dispute though direct negotiation themselves, or by persons to whom they have given authority to resolve the dispute; the parties have 10 business days from the receipt of the Notice to reach a resolution or to agree that the dispute is to be submitted to mediation or other alternative dispute resolution procedures. If after 10 business days from the receipt of the Notice is no resolution of the dispute; there is no agreement on submission of the dispute to mediation or some alternative dispute resolution procedure; or there is a submission to mediation or some other form of alternative dispute resolution procedure, but there is no resolution within 15 business days of that submission, or extended time as the parties may agree in writing before the expiration of the 15 business days; then, either party may commence legal proceedings. Clauses 15.1 and 15.2 do not if: either party commences legal proceedings for urgent interlocutory relief; action is taken by Us under clause 5; or an authority of the Commonwealth, a State or Territory is investigating a breach or suspected breach of the law by You. Unless otherwise agreed, the parties agree to share equally the cost of any submission of a dispute to mediation or other alternative dispute resolution procedure, in accordance with clause 15.2. Despite the existence of a dispute, both parties must (unless requested in writing by the other party not to do so) continue to perform their obligations under this Deed.
A Notice under clause 14.1 is taken to be received: if sent by Electronic Communication, at the time that would be the time of receipt under the Electronic Transactions Act 1999 if a notice was being given under a law of the Commonwealth. if hand delivered, on delivery to the relevant address; if sent by pre-paid post, 5 business days the date of posting. Dispute resolution Subject to clause 15.3, the parties agree not to commence any legal proceedings in respect of any dispute arising under this Deed, which cannot be resolved by informal discussion, until the procedure set out in clause 15.2 has been followed. The parties that any dispute between the parties arising under this Deed will be dealt with as follows: the party claiming that there is a dispute will send the other party a written Notice setting out the nature of the dispute; the parties will try to resolve the dispute though direct negotiation themselves, or by persons to whom they have given authority to resolve the dispute; the parties have 10 business days from the receipt of the Notice to reach a resolution or to agree that the dispute is to be submitted to mediation or other alternative dispute resolution procedures. If after 10 business days from the receipt of the Notice is no resolution of the dispute; there is no agreement on submission of the dispute to mediation or some alternative dispute resolution procedure; or there is a submission to mediation or some other form of alternative dispute resolution procedure, but there is no resolution within 15 business days of that submission, or extended time as the parties may agree in writing before the expiration of the 15 business days; then, either party may commence legal proceedings. Clauses 15.1 and 15.2 do not if: either party commences legal proceedings for urgent interlocutory relief; action is taken by Us under clause 5; or an authority of the Commonwealth, a State or Territory is investigating a breach or suspected breach of the law by You. Unless otherwise agreed, the parties agree to share equally the cost of any submission of a dispute to mediation or other alternative dispute resolution procedure, in accordance with clause 15.2. Despite the existence of a dispute, both parties must (unless requested in writing by the other party not to do so) continue to perform their obligations under this Deed.
jobs_and_small_business_-swp_deed_of_agreement.docx