Milestone
Dispute Resolution Policy
This
Policy sets out the dispute process to be followed when a Beneficiary and
Service provider who have used the Milestone Payment system elect to use to the
Milestone Dispute Resolution process to resolve a dispute between them.
The Milestone Dispute Team
Both
parties of the Dispute case can elect to have their dispute arbitrated by the
Dispute Team. The role of the Dispute Team extends to making all actions
necessary to resolve the case in an impartial and evidential manner. You
acknowledge that the verdict of the Dispute Team is final, binding, and
irreversible.
User Responsiveness
Beneficiaries
Once a
dispute is opened, a Beneficiary is given 14 days to respond to it. Otherwise,
they will automatically lose the dispute and the pending Milestone will be transferred
to the Service provider's account.
Service
providers
Once a
dispute is opened, a Service provider is given 4 days to respond to it.
Otherwise, they will automatically lose the dispute and the pending Milestone
will be returned to the Beneficiary's account.
Milestone Dispute Resolution Process
· STAGE 1 - Identifying the issue
The complainant should
select the Project and the Milestone payment or payments to be disputed. A User
could contest all the Milestones related to a single project in one dispute.
After which, a
description of the issue and an explanation of why the dispute is being opened
should be given. From this stage until Stage 3, users are encouraged to attach
any files that could support their claims.
Finally, the complainant
is requested to enter the amount he or she is prepared to pay for the Project
(if a Beneficiary) or wish to get paid for the Project (if a Service provider).
The amount could be between 0 and the total amount of the Milestone Payment(s)
in question.
· STAGE 2 - Negotiations
At this stage, either
party can negotiate for partial compensation, or (after a period of time)
choose to have Accounting Club's Dispute Team arbitrate the dispute. Both
parties will have the opportunity to tell their side of the story and also
negotiate terms to resolve the issue between themselves.
Only the party who
originally filed for the dispute can cancel the dispute. If the issue cannot be
resolved through negotiation, either party can choose to pay the Arbitration
Fee to have the dispute arbitrated by the Dispute Team. The Arbitration Fee
will be refunded if the dispute is either settled through mutual agreement or
cancelled before reaching arbitration.
· STAGE 3 - Final Offers and Evidence
After one of the
involved parties has paid the Arbitration Fee, the other party has 4 days to
also pay the fee. Either party still has the option in this period to negotiate
with the other party.
If the responding party
does not pay the arbitration fee within the 4 days, the result will be in
favour of the party who escalated the dispute into arbitration first.
If a solution is found
before the responding party pays the fee, the party who paid the Arbitration
Fee will be refunded this fee.
Stage 3 is the last
stage where both Users can submit their final evidence to support their case.
After Stage 3, the involved parties are no longer allowed to submit evidence.
The dispute will be resolved based upon the evidence provided through the
Dispute System, or that is otherwise available to the Dispute Team, such as the
project description and correspondence between the parties.
Once the dispute has
proceeded to Stage 4, further evidence will no longer be accepted.
· STAGE 4 - Arbitration
At Stage 4, the Dispute
Team will review all evidence and other information provided to reach a
decision (usually within 48 hours). Dispute verdicts are final, binding, and
irreversible. The party who wins the dispute will be refunded their Arbitration
Fee.
In the event that one of
the parties of the Dispute has paid the Arbitration Fee, the other party will
be given 4 days to pay the Arbitration Fee to move into Arbitration, and
failure to do such will close the dispute by default, in favor of the party who
initiated stage 4, with the arbitration fee initially paid refunded.
Evidential Requirements for Your Dispute
Should
you elect to have the Dispute Team arbitrate your dispute, you agree to allow
the Dispute Team to read all correspondence made on the Site and download or
access, and test (if necessary), all uploaded files, programs, and websites
related to the dispute for the sole purpose of having your dispute resolved.
You
are highly encouraged to submit all the documents that would support your
claims on your dispute.
Submit
e-mail correspondences as screenshots or as *.eml files. If submitting
screenshots, ensure that the "To", "From", and the
"Date" bar is visible. E-mail correspondences sent in *.txt or *.doc
or any word processing software will not be honoured. For proof of external
correspondence, users should provide screenshots of their entire unedited
conversation.
IM
(instant messenger) conversations should be submitted as screenshots of the
conversation from the IM software. Correspondences sent in *.txt, *.doc, or any
word processing software will not be honoured.
Provide
the products, contracts, and other files relating to the project and the
dispute.
Accounting
Club will retain the confidentiality of the project and the privacy of the
involved users and will not release the collected information to any party
unless required by law.
Fee
The
fee for a milestone dispute is EGP 5,000.00 or 10%, whichever is greater,
payable by each party. The fee will then be refunded to the winner of the
dispute. See the Fees and Charges page
for details.