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Link Pass Service Management Rules - Chapter 7: Dispute Handling and Termination
In order to ensure the stability of the cooperative relationship, Link Pass has established the following dispute handling procedures:
1. Negotiate to resolve:
l Friendly consultation: When a dispute occurs, all parties should resolve differences through full communication and consultation based on the principle of friendly cooperation.
l Third-party neutral: If there are still problems that are difficult to solve during the negotiation process, you can seek the assistance of a third-party neutral to help resolve the dispute.
l Mediation agency: Both parties can also consider submitting the dispute to a professional mediation agency, and with the help of a professional mediator, they can reach a solution acceptable to both parties.
l Written agreement: Any negotiated settlement should be documented in writing to ensure mutual agreement and understanding of the settlement.
l Judicial approach: If negotiation and mediation fail to reach an agreement, both parties can still choose to resolve the dispute through legal means and submit it to the court for trial.
l Maintain cooperative relationship: No matter how the dispute is resolved, both parties should work together to reach a solution on the premise of maintaining the cooperative relationship.
2. Written notice:
In the event that it cannot be resolved through negotiation, either party has the right to send a written notice to the other party to clearly state the facts and reasons of the dispute and propose a solution. This written notification shall include the following elements:
l - Statement of Facts: A detailed account of the events, actions or circumstances that gave rise to the dispute, ensuring that the other party fully understands the source and context of the dispute.
l -Reason Explanation: Explain the explanation and reasons for their respective positions, and clarify the cognition and views of both parties on the dispute.
l -Legal basis: If applicable, you can cite relevant laws and regulations or contract terms to emphasize your rights and obligations.
l -Suggested solution: clearly propose a specific solution to the dispute, which may include compromise opinions or mediation suggestions from both parties.
l - Time limit setting: set a certain time limit and require the other party to reply to the written notice within a certain period of time to ensure timely communication and feedback.
l -Confidentiality: If sensitive information is involved, confidentiality can be emphasized in the notice to ensure that the dispute will not affect the commercial interests and reputation of both parties.
l - Signature and date: The notice should be signed by the sending party and indicate the date of issue to ensure the authenticity and validity of the notice.
The issuance of a written notice can provide a clear communication channel for further dispute resolution and create conditions for subsequent processing and negotiation.
3. Internal review:
Upon receipt of the written notice, both parties should expeditiously initiate an internal review process to fully analyze and evaluate the dispute involved. The internal review process may include the following steps:
l Problem sorting: clarify the core issues, dispute points and scope of influence of disputes to ensure a comprehensive understanding of disputes.
l Data Collection: Collect relevant data, documents and evidence to support the analysis and evaluation of the dispute.
l Departmental Discussion: All departments involved are invited to participate in the discussion to obtain opinions and suggestions from different perspectives.
l Professional opinion collection: If necessary, the opinions of internal experts or lawyers can be sought to provide professional support for the formulation of solutions.
l Impact Assessment: Assess the possible impact of a dispute on various aspects, including commercial, legal, reputational, etc.
l Solution exploration: Discuss possible solutions and compromises, seeking to reach consensus.
l Decision-making: Based on the results of internal deliberation, formulate specific decision-making plans, including whether to accept the solution proposed by the other party, or put forward your own mediation suggestions.
The purpose of the internal deliberation process is to fully understand and evaluate the dispute, and to provide support and guidance for subsequent negotiation and resolution. Through internal deliberation, both parties can more clearly understand the nature and impact of disputes, and thus seek solutions in a more targeted manner.
4. Third-party arbitration:
If no agreement can be reached after internal deliberation, both parties may jointly decide to adopt third-party arbitration to resolve the dispute. Third-party arbitration is an independent, impartial, and fair way to resolve disputes. It is usually implemented by a professional arbitration institution or arbitrator. The award is final and both parties must abide by it.
Steps for third-party arbitration may include:
l Arbitration agreement: The two parties negotiate and sign an arbitration agreement, confirming that they agree to submit the dispute to a third-party arbitration institution for resolution, and agree on the arbitration procedure and rules.
l Arbitration application: According to the arbitration agreement, one party submits an arbitration application to the designated arbitration institution and applies for the initiation of the arbitration procedure.
l Composition of the arbitral tribunal: The arbitration institution forms the arbitral tribunal according to regulations, usually composed of independent arbitrators, whose impartiality and professionalism are guaranteed.
l Evidence exchange: Both parties submit evidence, documents and opinion statements, and the arbitral tribunal reviews and exchanges evidence.
l Arbitration Hearing: Both parties may conduct an arbitration hearing to present, argue and provide evidence on the matters in dispute.
l Ruling result: The arbitral tribunal makes a ruling after a comprehensive evaluation, and the ruling result is the final decision, and both parties need to abide by it.
The advantage of third-party arbitration lies in its impartiality and professionalism, which can resolve disputes relatively quickly and avoid long-term litigation process. However, it should be noted that the arbitral award is final, and both parties need to accept the award result. Once the award is made , there is usually no appeal.
5. Legal proceedings:
If the dispute cannot be resolved after arbitration, either party may choose to file a lawsuit in a court of competent jurisdiction in accordance with applicable laws to resolve the dispute.
Steps in legal proceedings may include:
l Application for prosecution: One party submits a complaint to a court with jurisdiction, detailing the facts, reasons and claims of the dispute.
l Defense and debate: The defendant submits a statement of defense within the statutory time limit, expounding its views and arguments. Both parties may engage in multiple rounds of court debate, submitting evidence, documents and testimony.
l Evidence review: the court reviews and evaluates the evidence submitted by both parties, and can conduct witness arraignment, etc.
l makes a final judgment or ruling based on the trial situation to resolve disputes, and the judgment result is legally binding.
l Appeal procedure: After the judgment of the first instance, if one party is dissatisfied with the judgment result, he may file an appeal in accordance with the law and submit the case to a higher court for retrial.
Legal action is a formal avenue for dispute resolution, but can take longer and be more expensive than arbitration. During the litigation process, the court will make a judgment based on the law and evidence, and both parties must abide by it. Before opting for legal action, it is usually recommended that both parties fully consider its cost, time and possible outcome.
Through the above dispute handling procedures, Link Pass aims to ensure that disputes arising during the cooperation process can be properly handled to ensure the stable and sustainable development of the cooperative relationship. For unfinished matters, please refer to the announcements on the official website ( https://linkpass.org ).
compliance and efficiency of the partnership , Link Pass has formulated the following conditions and procedures for terminating the partnership:
1. Breach of contract:
If during the cooperation process, any party seriously violates the contract agreement, service standards or management norms, especially when major violations are involved, the other party has the right to request termination of cooperation.
Circumstances of default may include, but are not limited to:
l Failure to provide services or perform obligations as agreed in the contract.
l Serious violation of service standards, resulting in a significant drop in service quality.
l Violation of management practices, affecting the reputation or safety of partners.
l Involving fraud, bribery, infringement and other illegal activities.
Upon discovery of a breach, the other party may take one or more of the following measures:
l Issue a written warning, requiring the breaching party to correct the breach within a certain period of time.
l Require the breaching party to remedy or indemnify to make up for the loss.
l Temporarily suspend cooperation to avoid further losses.
l In the case of serious breach of contract and cannot be resolved, request for termination of cooperation.
Termination of cooperation may involve legal procedures and other contractual agreements. Before taking action, it is generally recommended that both parties fully consider the situation and try to resolve the issue through communication and negotiation to avoid unnecessary losses and disputes.
2. Written notice:
When deciding to terminate the cooperation, the terminating party shall send a written notice to the other party to ensure the transparency and legality of the termination process. The notification should include the following:
l Reasons for termination: Clearly list the specific reasons for termination, including breach of contract, serious breach of contract terms, violation of management regulations, etc.
l Termination time: clearly specify the time for terminating the cooperation, usually a certain period of notice is required in advance so that both parties can be fully prepared.
l Solution: Provide possible solutions or suggestions for improvement to resolve current problems or disputes. This helps to end the partnership smoothly.
l Procedures and steps: detail the termination procedures and steps, including contract termination, data handover, fund settlement and other matters.
l Rights and obligations after the cooperation is terminated: explain the rights and obligations of all parties after the cooperation is terminated, including data processing, customer relationship maintenance, etc.
l Contact Information: Provide contact information for both parties to facilitate communication and coordination during the termination process.
Written notices should be sent in official documents, which may be mail, letters or other written forms. Make sure that the content of the notification is clear and detailed, and complies with the requirements of laws, regulations and contractual agreements. The timely sending and acknowledgment of receipt of notices is an important part of the termination process, which can effectively avoid confusion and misunderstanding.
3. Internal review:
Upon receipt of the termination notice, the receiving party shall immediately initiate an internal review process to ensure a comprehensive and objective assessment of the termination decision. The internal review should include the following steps:
l Convene relevant departments and personnel: The receiving party should convene various departments and personnel related to the partnership, including contract management department, legal department, financial department, etc., to ensure that the termination decision is fully analyzed.
l Comprehensive information collection: All relevant departments should provide documents, records and information related to the cooperative relationship for comprehensive review. This includes contract content, service records, communication records, etc.
l Problem Identification and Analysis: During the deliberation process, the reasons for the termination should be identified and analyzed to assess whether the termination is reasonable and necessary, and whether other solutions exist.
l Risk assessment: Assess the possible risks of terminating cooperation, including the consequences of contract breaches, impacts on customer relationships, etc.
l Solutions and recommendations: Internal deliberations should result in solutions and recommendations, including the possibility of continued cooperation, ways to resolve disputes, etc. If the termination of cooperation is considered reasonable, the specific steps and timing of the termination should also be proposed.
l Summary of opinions: After the review, each department should summarize the review process and conclusions to form an internal opinion report.
l Senior Approval: Internal opinion reports may need to be submitted to senior management for approval to ensure rationality and consistency in decision-making.
The purpose of the internal review is to ensure that the termination decision is based on comprehensive information and rational analysis, and to reduce the risks and uncertainties brought about by the decision. The cooperation and coordination of various departments are crucial to the smooth conduct of internal deliberations in order to make informed decisions and take appropriate actions.
4. Negotiation and settlement:
After receiving the termination notice, the two parties should actively carry out consultations to seek solutions to the problems and adverse effects that may arise from the termination of the cooperative relationship. The process of negotiated settlement includes the following steps:
l Convene a meeting: The parties may schedule a meeting to discuss the reasons and consequences of the termination notice and clarify their positions and concerns.
l Problem identification: During the negotiation process, both parties should jointly identify possible problems and impacts, including the remaining obligations of contract performance, maintenance of customer relationship, etc.
l Solution Discussion: Both parties can jointly explore possible solutions to mitigate the impact of the termination of the partnership. This may include negotiating revised contract terms, extending the cooperation period, etc.
l Remedial measures: During the negotiation process, the two parties can discuss what remedial measures to mitigate the damage that has been caused, such as compensation, service preferences, etc.
l Negotiation agreement: The result of negotiation settlement should form a written agreement, specifying the consensus and specific measures reached by both parties. Agreements can include timing of termination, payments, transition of partnerships, and more.
l Third-party assistance: If the two parties cannot reach an agreement during the negotiation, they can consider introducing a third-party neutral person or professional agency for mediation to facilitate the resolution of the problem.
The goal of negotiation settlement is to find a method that can minimize the negative impact of the termination of the cooperative relationship through the joint efforts of both parties, protect the interests of both parties and maintain the stability of the cooperative relationship. Through open and honest communication and cooperation, it helps to resolve potential disputes and conflicts.
5. Termination effective:
Once the terminating party insists on the decision to terminate the cooperation after sufficient consultation and internal deliberation, the termination time stipulated in the termination notice will become the effective time for the termination of the cooperative relationship. From this moment on, the parties will no longer continue to perform their obligations and responsibilities under the contract.
The effective termination means that the partnership will be officially terminated, and both parties will no longer enjoy the rights and benefits stipulated in the contract. After the termination takes effect, the partner shall immediately stop all cooperation-related activities and implement the solutions and remedial measures reached through negotiation. At the same time, both parties also need to perform the corresponding procedures and obligations stipulated in the termination notice to ensure the legal and orderly termination of the cooperative relationship.
The effective termination is an important moment, which means that the cooperation between the two parties has officially ended. After the termination takes effect, the two parties should follow the agreement reached through negotiation, properly handle the remaining matters, and ensure the smooth progress of the termination process of the cooperative relationship. This is also the final confirmation of the decision to terminate the cooperative relationship. Both parties need to take corresponding actions in accordance with the provisions of the agreement to ensure that the rights and interests of both parties are properly protected.
6. Liquidation processing:
After the cooperative relationship is terminated, both parties should conduct liquidation according to the procedures and regulations agreed in advance, so as to ensure the compliance termination of the cooperation and the equal protection of the rights and interests of both parties. The liquidation process involves many aspects, including but not limited to financial settlement, information handover, etc.
Financial settlement is one of the important links in liquidation processing. Both parties need to check and settle the financial transactions generated during the cooperation period to ensure that all payments are clear. This includes pending payments , paid payments, outstanding charges, and more. The two parties should jointly verify the financial data and settle the settlement according to the agreed method and time to ensure that the financial rights and interests of both parties are properly handled.
In addition, information handover is also an important part of the liquidation process. After the cooperative relationship is terminated, the two parties need to hand over relevant information related to the cooperative project in order to make a smooth transition to the next business. This includes documents, data, materials, etc. of cooperative projects. Both parties should ensure the accuracy and completeness of information handover to avoid unnecessary problems caused by missing information.
Liquidation processing is a necessary step after the termination of the cooperative relationship. It involves the cooperation projects and financial transactions between the two parties, and directly affects the compliant termination of the cooperation . Both parties should actively cooperate in the liquidation process based on the principles of good faith and cooperation, to ensure the smooth termination of cooperation, and to avoid possible disputes and problems. Through liquidation, the two parties can achieve a smooth transition after the termination of the cooperative relationship and protect the legitimate rights and interests of both parties.
Through the above conditions and procedures for terminating cooperation, Link Pass aims to ensure the stability and compliance of the cooperative relationship , and effectively deal with the possible termination of cooperation. For unfinished matters, please refer to the announcements on the official website ( https://linkpass.org ).
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