Dispute Resolution Policy
Effective Date: 15th June, 2023
This Dispute Resolution Policy outlines the process to be followed when resolving disputes between Buyers and Sellers who have utilized the Milestone Payment system on Gigsgen. The policy adheres to UK and universal best practices in dispute resolution.
The Dispute Resolution Team
Both parties involved in a dispute have the option to have their case arbitrated by the Dispute Resolution Team. The Dispute Team acts impartially and conducts all necessary actions to resolve the case in an objective and evidential manner. It is important to note that the decision made by the Dispute Team is final, binding, and irreversible.
User Responsiveness
Buyers:
When a dispute is opened, the Buyer is required to respond within 10 days. Failure to respond within this timeframe will result in the automatic loss of the dispute, and the pending Milestone payment will be transferred to the Seller's account.
Sellers:
Upon opening a dispute, Sellers have 4 days to respond. Failure to respond within this timeframe will result in the automatic loss of the dispute, and the pending Milestone will be returned to the Buyer's account.
Dispute Resolution Process
Stage 1 - Identifying the Issue:
The complainant must select the relevant Project and the specific Milestone payment(s) to be disputed. It is possible to contest multiple Milestones related to a single project within a single dispute. The complainant should provide a detailed description of the issue and an explanation for opening the dispute. Supporting files and evidence can be attached at this stage. Additionally, the complainant must specify the percentage of the amount they are willing to pay (for Buyers) or receive (for Sellers) for the Project, within a range of 0% to the total amount of the disputed Milestone Payment(s).
Stage 2 - Negotiations:
At this stage, both parties have the opportunity to negotiate for partial compensation or attempt to resolve the issue amongst themselves. The party who initiated the dispute has the sole authority to cancel it. If negotiation fails, 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 settled through mutual agreement or canceled before reaching arbitration.
Stage 3 - Final Offers and Evidence:
Once one party has paid the Arbitration Fee, the opposing party has 4 days to also pay the fee. During this period, negotiations can still take place. If the responding party fails to pay the arbitration fee within the specified timeframe, the verdict will be in favor of the party who escalated the dispute to arbitration first. If a solution is found before the responding party pays the fee, the party who paid the Arbitration Fee will be refunded.
Stage 3 is the final opportunity for both parties to submit their final evidence to support their case. After this stage, no further evidence will be accepted. The dispute will be resolved based on the evidence provided through the Dispute System, including project descriptions and correspondence between the parties.
Stage 4 - Arbitration:
At this stage, the Dispute Team will review all evidence and information provided to make a decision, typically within 48 hours. The verdict of the Dispute Team is final, binding, and irreversible. The party who wins the dispute will be refunded the Arbitration Fee. If one party has paid the Arbitration Fee and the other party fails to pay within 4 days, the dispute will be closed by default in favor of the initiating party, and the initially paid arbitration fee will be refunded.
Evidential Requirements for Your Dispute:
By electing to have the Dispute Team arbitrate the dispute, you grant permission for the Dispute Team to review all correspondence made on the platform and access any uploaded files, programs, or websites related to the dispute. It is strongly recommended that you submit all relevant documents and evidence to support your claims in the dispute. This includes providing screenshots or files for email correspondences, screenshots of instant messenger conversations, and any other files or contracts relevant to the project and dispute.
Confidentiality and Privacy:
Gigsgen will maintain the confidentiality of the project and the privacy of the involved users. The collected information will not be released to any third party unless required by law.
Fee:
The fee for a milestone dispute is $5.00 USD or 5% of the disputed amount, whichever is greater, payable by each party. The fee will be refunded to the winning party of the dispute. Please refer to the Fees and Charges page for detailed information.
Note: This Dispute Resolution Policy is subject to periodic review and may be updated or modified as necessary. Users are encouraged to familiarize themselves with the current version of the policy and any amendments made to it.