This letter must be signed by both parties before any data recovery work begins. It defines the target file list, success threshold, fees, and scope of work.
8. Dispute Resolution and Governing Law
Any disagreement about whether the recovery threshold in Section 3 has been met shall first be referred to a mutually agreed independent Linux/data-recovery specialist, who shall issue a written determination within 7 days. If the parties cannot agree on a specialist within 7 days of the disagreement being raised, either party may request the Bombay Chartered Accountants’ Society or a similar professional body to nominate one.
If either party disputes the specialist’s determination, or if the disagreement is not about the recovery threshold, the matter shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, by a sole arbitrator mutually appointed by the parties. If the parties fail to agree on an arbitrator within 15 days, either party may apply to a court of competent jurisdiction in Mumbai for appointment. The seat and venue of arbitration shall be Mumbai, Maharashtra, India. The language of arbitration shall be English.
This letter is governed by the laws of India, and subject to the exclusive jurisdiction of the courts of Mumbai, Maharashtra for any matter not covered by the above.
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To initiate a data recovery engagement, email arun@avservices.in or call +91 92205 60056.