Governing Law, Jurisdiction, and Venue
The applicable governing law provision is based on the country of incorporation of the DoiT entity that executed the Order Form and/or which is providing the products or services.
{Australia} - Specifically for DoiT International AUS Pty Ltd.
Insofar as any Services are provided to Customers in or into Australia, the agreement shall be governed by and construed in accordance with the laws of Victoria, Australia. Customer submits to the jurisdiction of the courts of Victoria with respect to any legal proceedings which may be initiated in connection with this agreement. Customer shall not commence or continue any legal proceedings against DoiT in any jurisdiction other than in Australia with respect to any matter, claim or dispute so long as DoiT is prepared to submit to the jurisdiction of the courts of Australia with respect to that matter, claim or dispute. Service of any process or document by which any proceedings in any court in Australia are commenced may be effected in any manner permitted for communications hereunder or otherwise in accordance with the Applicable Laws in the relevant Australian jurisdiction, including the Commonwealth of Australia and any State or Territory of Australia (and including, without limitation, the Uniform Civil Procedure Rules in each State and Territory), as amended from time to time.
{Canada} - Specifically for DoiT Holdings International CA Ltd.
This agreement shall be governed by and construed and enforced in accordance with the laws of the Province of British Columbia (regardless of that jurisdiction or any other jurisdiction's choice of law principles). To the extent permitted by law, the parties hereto agree that all actions or proceedings arising in connection herewith, shall be litigated in the state and federal courts located in Vancouver, British Columbia, Canada, and each party hereby waives any right that such party may have to assert the doctrine of Forum Non Conveniens or to object to venue. The parties each hereby stipulate that the courts located in Vancouver, British Columbia, Canada, shall have personal jurisdiction and venue over each party for the purpose of litigating any such dispute, controversy or proceeding arising out of or related to this agreement.
{Dubai} - Specifically for Multi-Cloud DoiT LLC
In case of conflict, the parties shall first seek settlement of that dispute by mediation in accordance with the Mediation Rules of the DIFC LCIA Arbitration Centre, which Rules are deemed to be incorporated by reference into this clause. If the dispute is not settled by mediation within 60 days of the commencement of the mediation, or such further period as the parties shall agree in writing, the dispute shall be referred to and finally resolved by arbitration under the Arbitration Rules of the DIFC-LCIA Arbitration Centre, which Rules are deemed to be incorporated by reference into this clause. The language to be used in the mediation and in the arbitration shall be English. The governing law of the contract shall be the substantive law of Dubai, United Arab Emirates.
{Estonia} - Specifically for DoiT Multi-Cloud International Estonia OÜ
This agreement is governed by the Laws of Estonia excluding its conflict of laws principles and the UN Convention on Contracts for the International Sale of Goods 1980 (Vienna Sales Convention). Each party irrevocably agrees that Harju County Court (in Estonian Harju Maakohus) as the court of the first instance shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
{France} - Specifically for DoiT International SAS
This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of France. Each party irrevocably agrees that any dispute, regardless of its purpose or ground, relating to, entailed by or resulting from this agreement shall be submitted to the exclusive jurisdiction of the Commercial Court of Paris.
{Germany} - Specifically for DoiT International DACH GmbH
This agreement shall be governed by the laws of the Federal Republic of Germany excluding the Vienna Convention on the International Sale of Goods (CISG). For any disputes arising out of or in connection with this agreement, the competent courts of DoIT's place of registration shall have exclusive jurisdiction.
{Indonesia} - Specifically for PT DoiT International Indonesia
This agreement is governed by the Laws of the Republic of Indonesia without regard to conflict of laws principles and the UN Convention on Contracts for the International Sale of Goods 1980 (Vienna Sales Convention). Each party irrevocably agrees that the courts of Jakarta shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
{Ireland} - Specifically for DoiT International Multi-Cloud Ireland Ltd.
This agreement shall in all respects (including in respect of its formation and its performance) be governed by, constructed and enforced in accordance with the laws of Ireland, excluding conflict of law rules and the UN Convention on Contracts for the International Sale of Goods 1980 (Vienna Sales Convention). The parties to this agreement agree to submit to the exclusive jurisdiction of the courts of Ireland in relation to any disputes or proceedings arising out of or in connection with this agreement.
{Israel} - Specifically for DoiT International Ltd.
This agreement shall be governed by, and construed, and enforced in accordance with the laws of the State of Israel, without giving effect to the choice of law rules. Each party consents that any such action or proceeding will be brought exclusively in front of the courts of Tel Aviv in the State of Israel, which shall have sole jurisdiction over any matter arising hereof.
{Japan} - Specifically for DoiT International Japan K.K.
This agreement shall be governed by, construed and enforced in accordance with the laws of Japan. Each party consents that any such action or proceeding will be raised exclusively in the Tokyo District Court, which shall have sole jurisdiction over any matter arising hereof.
{Netherlands} - Specifically for DoiT International NL B.V
This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of the Netherlands, without regard to its conflicts of law rules. Each party irrevocably agrees that the competent courts of Amsterdam (rechtbank Amsterdam) shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
{Singapore} - Specifically for DoiT International Xinjiapo Pte.Ltd.
This agreement is governed by the Laws of the Republic of Singapore without regard to conflict of laws principles and the UN Convention on Contracts for the International Sale of Goods 1980 (Vienna Sales Convention). Each party irrevocably agrees that the courts of Singapore shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
{Spain} - Specifically for DoiT International Multi-Cloud Espana S.L
This agreement shall be governed by and construed in accordance with the substantive laws of Spain, excluding conflict of laws rules and the UN Convention on contracts for the International Sale of Goods 1980 (Vienna Sales Convention). Any dispute, controversy or claim arising out of, or in connection with, this agreement, or the breach, termination or invalidity of the agreement, shall be settled by the Spanish courts of the city of Barcelona, under Spanish Law.
{Sweden} - Specifically for {DoiT Multi-Cloud Sverige International AB}
This agreement shall be governed by and construed in accordance with the laws of Sweden, excluding its conflict of laws principles providing for the application of the laws of any other jurisdiction, and to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Any dispute, controversy or claim arising out of, or in connection with, this agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce. The seat of arbitration shall be Stockholm, Sweden. The language used in the arbitration proceedings shall be English.
The Parties agree, without limitation in time, not to disclose the existence or contents or any decisions or awards with regard to this agreement or information about proceedings, arbitration or mediation due to the same. The provisions set forth in this present Clause, shall not apply unless in compliance with law, other legislation, authority's order, securities exchange regulations or practice on the securities exchange or is otherwise required for the enforcement of a decision.
{Switzerland} - Specifically for DoiT International CH Sarl
This agreement shall be governed by the substantive laws of Switzerland, without regard to conflict of laws rules and to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Any dispute arising out of or in connection with this agreement shall be subject to the exclusive jurisdiction of the competent courts of Geneva, Switzerland.
{United Kingdom} - Specifically for DoiT International UK&I Ltd.
This agreement is governed by the Laws of England and Wales without regard to conflict of laws principles. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation. Each party consents that any such action or proceeding will be brought exclusively in front of the competent courts in the City of London.
{United States of America} - Specifically for DoiT International USA, Inc.
Governing Law; Venue. This agreement shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of New York or any other jurisdiction) to the extent such rules or provisions would cause the application of the laws of any jurisdiction other than the State of New York. Each of the parties to this agreement consents and agrees that any action to enforce this agreement or any dispute, whether such dispute arises in law or equity, arising out of or relating to this agreement shall be brought exclusively in the United States District Court for the Southern District of New York or any New York State Court sitting in New York City. The parties hereto consent and agree to submit to the exclusive jurisdiction of such courts. Each of the parties to this agreement waives and agrees not to assert in any such dispute, to the fullest extent permitted by applicable law, any claim that (i) such party and such party's property is immune from any legal process issued by such courts or (ii) any litigation or other proceeding commenced in such courts is brought in an inconvenient forum.