Refund, Cancellation and Dispute Resolution Process

This Refund, Cancellation and Dispute Resolution Process hereby incorporates by reference all terms, conditions rules, policies and guidelines on the Site, including the rLocums Terms of Service ("Terms of Service"). Capitalized terms not defined in this Dispute Resolution Process are defined in the Terms of Service.

This Refund, Cancellation and Dispute Resolution Process is effective as of March 10, 2011. Your continued use of the Site after such time will signify your acceptance of this Dispute Resolution Process. We reserve the right to modify the provisions in this Dispute Resolution Policy without prior notice to you, so please check back often for updates.

REFUNDS AND CANCELLATIONS

WHAT IF I REQUEST A REFUND OR CANCEL A JOB?

If you submit a Refund Request or a Job Cancellation via the Site, then the other Member will be notified about the request and will have 5 calendar days to either ‘Approve’ the request or file a Dispute Notice Form. Members who opt to file a Dispute Notice Form will follow the existing Dispute Resolution Process as it currently exists.

For Jobs With Funds Still In Escrow

If the second Member does not act on the request within the approval period of 5 calendar days, the refund or cancellation request will be approved automatically.

If the second Member approves the request, or if the request is automatically approved, then funds in Escrow will return according to the request details.

Contractor requests to refund money to a Client will be approved and processed, and the funds in Escrow released to the Client, whether or not Client responds.

For All Other Jobs (Including Paid Jobs)

If a Contractor does not act on a request from a Client within the approval period of 5 calendar days, then the request will not be approved, and rLocums reserves the right to suspect that Contractor’s account until the issue is resolved.

If a Contractor requests that a refund be issued to the Client, the refund will be approved and processed whether or not approved by the Client on the Site.

Approved requests for funds already released or paid to a Contractor must be processed manually by rLocums. All such refunds will be made subject to the availability of funds in the Contractor’s account, and processing such requests might take up to 10 calendar days.

When funds have been paid to a Contractor, rLocums will not debit a Contractor account without authorization from the Contractor.

DISPUTE RESOLUTION

WHAT IF I HAVE A DISPUTE WITH ANOTHER MEMBER?

If you have used the Site in accordance with the rLocums Terms of Service and you have a dispute with another Member, the Dispute Resolution Process consists of three phases subject to limitation based on the type and status of Job in dispute:

  1. Member Resolution - Available on all Jobs on or prior to the Dispute Deadline Date.
  2. rLocums Dispute Assistance - Only available for: (a) fixed price Jobs with Escrow up to 30 days after the Final Escrow Release Date, and (b) hourly Jobs with Work View within the Timesheet Review Period.
  3. Arbitration - Only available for fixed price Jobs with Escrow up to 30 days after the Final Escrow Release Date.

Posting Notice of Resolved Disputes. Any agreement resolving the dispute between you and the other Member must be posted (and confirmed by both parties) as text or attachments in the Workroom.

Key Dates

For all disputes regardless of type and status of a Job in dispute, you must be aware of the following key dates:

"Breach Date" means the later of (1) the date on which the events causing the breach of your agreement with the other Member first took place, or (2) the date on which you learned, or reasonably should have learned, about those events.

"Dispute Deadline Date" means the date 15 days prior to the six month anniversary of the Breach Date. You must submit your Dispute Notice Form or your Job Cancellation Form on the Site prior to the Dispute Deadline Date or you irrevocably waive any right to make a claim or demand arbitration via the Site.

"Final Escrow Release Date" means the date on which all funds are withdrawn or released from an Escrow Account, leaving it with £0.

"Limitations Date" means the six month anniversary of the Breach Date (subject to any "tolling" or extension as described in the paragraph entitled "Limitations Period" below). You must bring any claim, dispute, action, cause of action, suit, or demand whatsoever whether judicial or otherwise in connection with your use of the Site, on or prior to the Limitations Date (see the paragraph entitled "Limitations Period" below).

Member Resolution

Starting the Member Resolution Process. On or prior to the Dispute Deadline Date for any Job, if you have a good faith dispute with the other Member, you have the right to submit a Dispute Notice Form on the Site if you are a Contractor, or submit a Job Cancellation Form on the Site if you are a Client. This starts the Member Resolution process and you are the "Initiating Party." You must submit your Dispute Notice Form or Job Cancellation Form on by the Site by the Dispute Deadline Date or you irrevocably waive any right to make a claim or demand arbitration via the Site.

Contrary Instructions. If an Initiating Party submits a Dispute Notice Form or Job Cancellation Form by the Dispute Deadline Date, the other Member (the "Opposing Party") has two business days to submit Contrary Instructions on the Site. "Contrary Instructions" means a good faith written representation by the Responding Party: (1) if the Opposing Party is the Client, that Client has not received all Milestone Deliverables required for a Release pursuant to the Member Contract, or (2) if the Opposing Party is the Contractor, that Contractor has delivered all Milestone Deliverables required.

Failure to Upload Contrary Instructions. If the Opposing Party does not submit Contrary Instructions to the Site within two business days following the Initiating Party’s submission of the Dispute Notice Form or Job Cancellation Form, rLocums will then notify the Opposing Party and request a response. If Opposing Party does not respond to rLocums within three business days of rLocums's notification then Client and Contractor will be deemed to have agreed to the Release sought in the Dispute Notice Form or the cancellation sought in the Job Cancellation Form, and either (1) Client and Contractor will be deemed to have authorized and instructed rLocums to, and rLocums will, make the Release to the Contractor, or (2) Contractor and Client will be deemed to have authorized rLocums to, and rLocums will, make the Release to the Client, as the case may be.

rLocums Dispute Assistance

Dispute Assistance for Escrow Jobs up to 30 Days After Final Escrow Release Date

On or prior to the date 30 days after the Final Escrow Release Date for a fixed price Job with Escrow, you agree that if the parties fail to resolve their dispute after the Initiating Party submits a Dispute Notice Form on the Site and the Responding Party submits Contrary Instructions, rLocums will notify both parties ("Call Notice") to request that the parties mutually schedule a Dispute Assistance call with an rLocums facilitator to encourage a settlement of the dispute. rLocums will act solely as a neutral third party and will have no further obligations. No rLocums employee is authorized to make any recommendation or guaranty to the parties regarding the dispute.

If one party responds (the "Responding Party") but the other party fails to respond (the "Non-Responding Party") to rLocums’s Call Notice within three business days, then rLocums Dispute Assistance is no longer available. In that case, rLocums will notify the Non-Responding Party that it has two business days to demand Arbitration via the Site in accordance with the section entitled "Arbitration for Escrow Jobs" below ("Arbitration Notice"). If the Non- Responding party does not demand Arbitration within two business days after the Arbitration Notice, then Client and Contractor will be deemed to have authorized and instructed rLocums to, and rLocums will, make the Release sought by the Responding Party through the Dispute Resolution Process.

If neither party responds to rLocums’s Call Notice, then each party has 30 days from submission of the original Dispute Notice Form to demand Arbitration via the Site in accordance with the section entitled "Arbitration for Escrow Jobs" below. If neither party demands Arbitration within 30 days from submission of the original Dispute Notice Form, then Client and Contractor will be deemed to have authorized and instructed rLocums to, and rLocums will, Release all funds in the Escrow Account to the Client. In that case, rLocums will deduct an escrow fee of £25 or 2.75% of the amount of the Release, whichever is greater, to recover any banking, payment processing, and administrative costs and other costs of receiving and holding funds.

If a Dispute Assistance call is scheduled and one party attends (the "Attending Party") but the other party does not give prior notice to rLocums of non-attendance and fails to attend (the "Non-Attending Party") the scheduled Dispute Assistance call, then rLocums Dispute Assistance is no longer available. In that case, rLocums will notify the Non-Attending party that they have two business days to demand Arbitration via the Site in accordance with the section entitled "Arbitration for Escrow Jobs" below ("Non-Attendance Notice"). If the Non-Attending party does not demand Arbitration within two business days after the Non- Attendance Notice, then Client and Contractor will be deemed to have authorized and instructed rLocums to, and rLocums will, make the Release sought by the Attending Party through the Dispute Resolution Process.

If a Dispute Assistance call is scheduled and both parties do not give prior notice to rLocums of non- attendance and both do not participate in the Dispute Assistance call, rLocums will notify both parties that they have 30 days from the filing of the original Dispute Notice to demand Arbitration via the Site in accordance with the section entitled "Arbitration for Escrow Jobs" below. If neither party demands Arbitration within 30 days from submission of the original Dispute Notice Form, then Client and Contractor will be deemed to have authorized and instructed rLocums to, and rLocums will, Release all funds in the Escrow Account to the Client. In that case, rLocums will deduct an escrow fee of £25 or 2.75% of the amount of the Release, whichever is greater, to recover any banking, payment processing, and administrative costs and other costs of receiving and holding funds.

Dispute Assistance for Hourly Jobs with Work View within the Timesheet Review Period

If the Job is an hourly Job with Work View and the Contractor has submitted timesheets, then if the Client in good faith believes that any time submitted on a timesheet is not related to the Job requirements or Client instructions, the Client has the right to identify the screenshots reflecting the non-complying time and reject them within the Timesheet Review Period. "Timesheet Review Period" means the period beginning when the Contractor submits a timesheet via the Site (no later than Sunday evening each week at 11:59PM ET) and ending when the Client is required to approve or dispute the timesheet via the Site (no later than the following Friday at 11:59PM ET). rLocums will charge Client’s payment method for all time not rejected within the Timesheet Review Period and Dispute Assistance is not available concerning that time.

If Client rejects any time in compliance with the foregoing and Contractor in good faith believes the rejected time is related to the Job requirements or Client instructions, then Contractor has the right to submit a Dispute Notice Form within five business days of Client’s rejection of that time. In that case, rLocums will determine, in rLocums’s sole discretion, whether the disputed time is related to the Job requirements or Client instructions. If rLocums determines that it is related, then rLocums will charge the Client’s payment method for the rejected time and pay the Contractor. If the Contractor does not submit a Dispute Notice Form within five business days after Client’s rejection of any time, then Contractor irrevocably waives its right to Dispute Assistance for such time.

Arbitration for Escrow Jobs

Arbitration. If the Job is a fixed price Job with Escrow and if the dispute is not settled by Member Resolution or rLocums Dispute Assistance, you agree that if either (a) there are funds in the Escrow Account or (b) it has been less than 30 days since the Final Escrow Release Date, then you and the other Member (the "Dispute Parties") each has the right to demand binding, non-appearance-based arbitration to resolve the dispute ("Arbitration"). Any such Arbitration will be conducted by a neutral third-party dispute resolution service that rLocums will choose and engage in its sole discretion ("Arbitrator"). If the other Member demands Arbitration in accordance with the foregoing, you agree to submit to such Arbitration in accordance with the rLocums Terms of Service. If the amount in dispute is less than £1,000, the Arbitrator must be a single arbitrator unless both parties request a panel of Arbitrators. If the amount in dispute is £1,000 or more, the Arbitrator must be a panel unless both parties request a single Arbitrator. You agree that in any such Arbitration: (a) each Dispute Party and rLocums will pay one-third of the first £600 of the Arbitrator's fees; (b) each Dispute Party will pay one-half of any amount by which the Arbitrator's fees exceed £600; and (c) each Dispute Party will solely bear and pay any other costs it incurs related to the Arbitration. You hereby agree that rLocums will charge your Account, or your credit card, bank account, or PayPal, for the amount of the Arbitrator's fees owed by you in accordance with the foregoing.

Failure to Arbitrate. If Contractor or Client ("Arbitration Plaintiff") demands binding Arbitration in accordance with the foregoing, then the other party ("Arbitration Respondent") has two business days following receipt of notice from the Arbitrator to submit to such Arbitration ("First Arbitration Notice"). If the Arbitration Respondent fails to submit to such Arbitration within two business days after the First Arbitration Notice, then rLocums will promptly notify Arbitration Respondent of such failure and demand that Arbitration Respondent submit to such Arbitration within two business days following rLocums’s notice ("Second Arbitration Notice"). If the Arbitration Respondent does not submit to such Arbitration within two business days after the Second Arbitration Notice, then Client and Contractor will be deemed to have authorized and instructed rLocums to, and rLocums will, make the Release sought by the Arbitration Plaintiff in the demand for Arbitration.

If both Contractor and Client fail to demand binding Arbitration for an unresolved dispute by the Limitations Date in accordance with this Dispute Resolution Process, then Client and Contractor will be deemed to have instructed rLocums to, and rLocums will, Release all funds in the Escrow Account to the Client. In that case, rLocums will deduct an escrow fee of £25 or 2.75% of the amount of the Release, whichever is greater, to recover any banking, payment processing, and administrative costs and other costs of receiving and holding funds.

Arbitration Rules. The sole and exclusive evidence admissible in the Arbitration is the contents of the Workroom. rLocums will provide to the Arbitrator access to information in the Workroom for the dispute. You agree to be responsible for ensuring that the Workroom contains all of your communications with the other Member related to the dispute. The Dispute Parties must comply with the following rules: (a) the Arbitrator will specify whether the Arbitration will be conducted online, by telephone, or solely based on written submissions posted in the Workroom; (b) the Arbitration shall not involve any personal appearance by the Dispute Parties or witnesses unless otherwise mutually agreed by the Dispute Parties; and (c) any judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction. Before the Arbitrator renders its decision in the dispute, each of the Dispute Parties will be allowed to upload to the Workroom one last closing statement or argument for the Arbitrator related to the dispute.

Arbitration Award. You agree that the award of the Arbitrator is final, and that if the Arbitrator delivers notice of any award to rLocums, then rLocums has the right to rely on and treat such notice as conclusive and act in reliance thereon.

Deadline for rLocums Dispute Assistance and Arbitration.

You must initiate rLocums Dispute Assistance or demand Arbitration pursuant to this Dispute Assistance Process within thirty (30) days after the Final Escrow Release Date or you irrevocably waive any right to make a claim or demand Arbitration via the Site.

Limitations Period

You acknowledge and agree that you must initiate any claim, dispute, action, cause of action, suit, or demand whatsoever whether judicial or otherwise in connection with your use of the Site (collectively, a "Claim") prior to the Limitations Date. You hereby irrevocably waive any right to initiate or make any such Claim on or after the Limitations Date, whether initiated or made on the Site or in any other manner and whether in contract, tort, statute, law, equity or otherwise. The Arbitrator has the power to determine whether the Breach Date entered into rLocums's system is correct or if the Limitations Date should be extended or "tolled" due to your reasonable reliance on the other Member's assurances that it would cure the breach.

If a dispute has not been resolved and neither Dispute Party has demanded Arbitration by the Limitations Date, then (1) Contractor will be deemed to have agreed to the Release sought by the Client; (2) if the dispute involves funds held in Escrow, Contractor will be deemed to have authorized rLocums to, and rLocums will, make the Release sought by the Client; (3) rLocums has the right to terminate or suspend either or both the Contractor's and the Client's Account; and (4) any further Claims in such dispute will be forever barred.

Reminders and Limitations Date. rLocums will notify the Dispute Parties regarding an ongoing dispute and the need to resolve it prior to the Limitations Date.

Noncompliance and Abuse

Improperly Filed Claims. All claims between you and the other Member must be resolved in accordance with the terms in this Dispute Resolution Process. All claims filed or brought contrary to these terms shall be considered improperly filed. Should you file a claim contrary to these terms, the other Member may recover attorneys' fees and costs up to £2,000, provided that the other Member has notified you in writing of the improperly filed claim, and you fail to promptly withdraw the claim.

Abuse. If you demand an excessive number of Arbitrations, rLocums reserves the right to suspend or terminate your Account immediately upon giving notice to you. However, any disputes for any Jobs that existed prior to termination will be subject to the rLocums Terms of Service.

Feedback Disputes

If you are involved in a dispute involving feedback, please refer to the Rating and Feedback System section in the Site Usage Policy to find out in what circumstances rLocums will consider removing feedback.

CONTACTING US

If you wish to report a violation of the Terms of Service, have any questions or need assistance, please contact rLocums Customer Support as follows:

Web Support: https://rlocums.com/faq
Email:
Online Help Topics: https://rlocums.com/faq

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