WORLDCOM EXCHANGE, INC. (WEI) DISPUTE RESOLUTION POLICY
The following is the policy of Worldcom Exchange, Inc. (“Worldcom”) regarding the method for resolving any disputes between it and its customers (the “Policy”). Wherever in a purchase order, order acceptance, RFP response, bid, quotation, statement of specifications, invoice, contract, email, facsimile or other written communication by or involving Worldcom (as applicable, the “Operative Document”), reference is made to Worldcom’s “dispute resolution policy” or words of similar import, the reference shall be to the following Policy, which unless otherwise expressly agreed by the parties, shall be deemed incorporated by reference in the Operative Document as if set forth in full, and to apply to and bind all parties thereto and any others claiming rights or obligations by reason of the Operative Document. Further, to the greatest extent that the Policy may otherwise be deemed to apply to a transaction or other matter involving Worldcom, it is the intention of Worldcom that such Policy be given the broadest possible application based upon its disclosure to existing and prospective customers visiting this website who thereafter elect to do business with Worldcom with knowledge of the Policy.
Any dispute arising out of or related to an Operative Document, including any schedules, exhibits, statements of work or other annexes thereto and any transactions or other legal relationships related thereto, shall be subject at the election of any party thereto to a maximum of two (2) days of confidential, non-binding mediation in Salem, New Hampshire or Boston, Massachusetts conducted by a professional alternative dispute resolution service agreed to in writing by the parties or, absent such agreement, by the American Arbitration Association (“AAA”). The parties shall unless otherwise agreed in writing share equally the fees and costs of the mediation service. If mediation shall be unsuccessful, or if the parties shall in writing waive mediation, such dispute shall be resolved by confidential, binding arbitration in Salem, New Hampshire or Boston, Massachusetts before a single arbitrator and under the Commercial Dispute Resolution Rules of the AAA, including if applicable any expedited procedures. Discovery shall be limited to good cause shown, and the award shall be final and may be confirmed and enforced by any court of competent jurisdiction. The arbitrator shall be empowered to award only actual damages caused directly by any wrongful act or omission of a party, and may not award incidental, consequential, special, punitive, multiple, exemplary or other indirect or special damages. Each party shall pay its own costs and expenses of such proceeding, whether arbitral or judicial, except that (i) each party shall pay half of the fees of the AAA, including the fees of the neutral arbitrator, and (ii) the prevailing party shall be entitled to an award of its reasonable legal fees and expenses if it is determined that the other party proceeded frivolously or in bad faith. In any lawsuit commenced in aid of arbitration hereunder, each party hereby submits to the personal jurisdiction of any court of competent jurisdiction sitting in Nashua, Salem or Concord, New Hampshire or Boston, Massachusetts, and waives any right to trial by jury of any claim or defense.
