This Policy set out the dispute process to be followed when either a Client or an expert who have used the Milestone Payment system elect to use the Dispute Resolution process to resolve a dispute between them
An expert can file a dispute only when he/she cannot amend the requested changes as those are clearly out of the initially agreed project scope. Whereas, a client can file a dispute when the expert disagrees to revise the milestone which is clearly in the scope of the signed contract. Please note, a dispute has to be filed within 4 working days from the day the client has requested for a revision. While filing a dispute, the party has to describe the dispute and enter the amount he or she is prepared to get paid for the Milestone (if an expert) or to pay for the Milestone (if a client). The amount could be between 0 and the total amount of the Milestone Payment in question. Parties are requested to upload the necessary docu-ments which can support their claim until stage 2 i.e. 7 working days from the day dispute is filed. The other party has 3 working days to accept the dispute, failing to which will result in the resolution being in favour of the dispute filing party.
A periodic project, weekly or monthly, does not require a client’s approval to disburse the payment to the expert’s account. At the end of the period itself, the payment is made to the expert. However, the client can terminate the services of the expert based on the cancellation terms on the Clause 6.6.2 in the terms and conditions agreed upon.
For the previous period, the client should file a dispute atleast 7 (seven) days prior for a monthly contract and 2 (two days) prior for a weekly contract. While filing a dispute, the party has to describe the dispute and enter the amount he or she is prepared to get paid for the period (if an expert) or to pay for the period (if a client). The amount could be between 0 and the total amount of the periodic pay. Parties are requested to upload the necessary documents which can support their claim until 2 working days from the day dispute is filed. The other party has 3 working days to accept the dispute, failing to which will result in the resolution being in favor of the dispute filing party.
At this stage, parties are requested to resolve the dispute among themselves and reach a mutual decision so that neither the project nor their rating suffers. Parties are given 7 working days to reach a mutual understanding from the day both the parties have accepted 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 that has filed the dispute has an option to close it.
If the parties are unable to reach a mutual consensus then each of the parties has to pay 1/3rd of the mediation fees of $100 within 4 working days if the overall project cost is more than $1000 and failure to do such will close the dispute by default, in favour of the party who paid the mediation fee, with the mediation fee initially paid refunded. Whereas if the overall project cost is less than $1000, no mediation fee is charged. Econolytics will give a non-binding resolution in this stage within 10 working days based upon the evidence provided or that is otherwise available such as the project description and correspondence between the parties.
If either party disagrees with the resolution passed by the Econolytics, both the parties can mutually decide and seek an arbitrator or can make an appeal in the court. If both the parties decide to go to an arbitrator each party will be given 4 working days to pay the Arbitration Fee, and failure to do such will close the dispute by default, in favour of the party who paid the arbitration fee. Dispute verdict made in this stage will be final, binding, and irreversible.