We encourage our Clients and Experts to try and resolve any disagreements between themselves. This Dispute resolution policy is a part of terms and conditions and which describe the process to resolve any dispute or claims arise between the Client and Experts. By accessing and using our website or app and its services, you agree to fully comply with and be bound by the policies.
You acknowledge and agree that we do not have any responsibility or control over the Expert’s Skills, or Services that Client purchases. Nothing in this Agreement deems or will be interpreted to deem Scobo as Client’s or Expert’s agent with respect to any Expert’s Services, or expands or modifies any warranty, liability or indemnity stated in our terms and condition. For example, we do not guarantee the performance, functionality, quality, or timeliness of Experts or that a Client can or will make payments.
You agree not to hold us responsible or liable for the User Content or actions of third parties (including your interactions with users) on or relating to the Scobo Service. This includes transactions conducted on the Scobo Service as well as the collection, handling and sharing of personal or other information that you provide to third parties. If you have a dispute with a third party relating to our Service, you release Scobo and its directors, officers, employees and agents from any claims, causes of action and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. If you believe that our Service or business practices are in any way unfair, fraudulent or unlawful, you agree to contact us first. If you do not report the issue or continue using the service after discovering the issue, you expressly waive the right to claim that our Service is unfair, fraudulent or unlawful with respect to that issue.
Disputes between Client and Expert
All claims, disputes or other disagreements between any Client and Expert must be resolved in accordance with this Policy.
Dispute in Hourly Project: Client may dispute Expert’s hours invoiced on the Hourly Invoice for the prior week during the five(5) days following the close of the weekly invoice period (the “Dispute Period“). It is Client’s responsibility to review the Hourly Invoice of every Hourly Contract on a weekly basis and to file any disputes during the Dispute Period. Once the Dispute Period expires, Client will be deemed to have accepted the Expert’s work and Expert Fees and can no longer dispute them. Disputes handled by Scobo can only address the hours billed, not the quality of the Expert’s Work provided under Hourly Project. If Client disputes Expert’s hours invoiced in the Hourly Invoice under an Hourly project during the Dispute Period, Client and Expert are encouraged to resolve the dispute between them. If Client and Expert fail to come to a resolution, we will promptly investigate the Hourly Invoice and determine, in our sole discretion, whether an adjustment is appropriate or not. Our determination of such dispute shall be final.If Client’s payment is unsuccessful, we will review the Weekly Invoice to determine if it qualifies for Hourly Payment. If we in our sole discretion determine that the Weekly Invoice qualifies for Hourly Payment, we will make payment to the Expert to cover the Hourly Invoice on behalf of the Client. .Client may choose to approve Expert’s Weekly Invoice prior to the end of the Dispute Period thereby releasing payment for the Weekly Invoice. If Client releases payment to Expert prior to the end of the Dispute Period, Client certifies that it approves the Weekly Invoice, accepts the work, and waives any further right to dispute the work or Weekly Invoice through Scobo. You acknowledge and agree that we may, at our sole discretion, withhold or delay payment in the event of dispute between a Client and a Expert. You further acknowledge and agree that we are are not and will not be a party to any dispute between a Client and Expert over an Hourly Invoice or Hourly Project.
Cancellations and Refund:After the Commencement of a project, the Client may request a cancellation. If there are funds in the Escrow Account and the Client believes they are entitled to a refund, the Client can notify Scobo of the cancellation by requesting a refund using the Request Refund option in our platform
- Cancellation of a project: After the Commencement of a project, the Client may request a cancellation. If there are funds in the Escrow Account and the Client believes they are entitled to a refund, the Client can notify Scobo of the cancellation by requesting a refund using the Request Refund option in our platform.
- Refund policy: A Client is entitled to receive a refund of funds held in the Escrow Account under the following circumstances:
No Response: the Expert has not responded in Scobo messaging portal within two (2) working day of the Commencement of the project;
Non-delivery: For fixed price project non-delivery means agreed scope of work was not delivered within the agreed time; and for hourly projects no time has been spent.
Poor Quality: with the exception of hourly or fixed price projects, the deliverables provided by the Expert do not meet the clients’ requirements
Refunds are only applicable to funds held in the Escrow Account. Funds should only be paid out of the Escrow Account once the Client is satisfied that the project (or any agreed milestone deliverables) has been completed. By releasing funds from the Escrow Account the Client accepts that this money is non-refundable. Clients must avoid filing a dispute or reversing payment through their Stripe. Attempts to seek a refund in this way will lead to the Client’s account being automatically suspended.
- Requesting a refund: Client may request a refund to the funds which held in the Escrow Account using the request a refund option and specifying a reason for their request. We will process refund requests subject to a review of the refund reason and circumstances to ensure that both parties have complied with our terms and conditions, and that the purpose of the refund is not to avoid any of the parties’ obligations under these terms and conditions. If we reasonably believes that the parties have not complied with these terms and conditions or are seeking to avoid any such obligations, we will not be obliged to make the refund.
- Refund and cancellation penalties: Users are strictly discouraged from causing cancellations and refunds. Refunds will impact Users standing in the SCOBO marketplace as follows:
- where the Expert is at fault for the refund (for example, due to no response, poor quality of work or they have cancelled the project), it will negatively impact their Expert status and rankings;
- where the Client is found to be the cause for the refund (for example, an early cancellation due to a change in their business need) it will negatively impact their Client status;,
- multiple refunds attributed to a User will lead to temporary and/ or permanent restrictions on their account depending upon the severity.
You agree and acknowledge that: (i) We are not providing legal services; (ii) we will not advise you regarding any legal matters; and (iii) if you desire to have legal counsel, you will seek an independent legal counsel from those licensed to practice law in your jurisdiction. You will not rely on us for any such counsel.
If Client or Expert contacts us via support ticket within 14 days of the date of the last payment from Client to Expert and requests us to assist to resolve any dispute among them. We will attempt to assist Client and Expert by reviewing the Dispute and proposing a mutual, non-binding resolution. We will only review the 14 days of work performed prior to the date a user requests dispute Assistance.
Our disputes management team will notify Client and Expert via ticket by providing a notice of dispute along with a request for information and supporting documentation. If both Client and Expert respond to the notice and request for information, then the disputes management team will review the documentation submitted and any information available on the our website or app that pertains to the dispute. After review, the disputes management team will announce their decision based on the results of the review. The decision of the disputes management team will be final and Client and Expert agree that we are authorized and irrevocably instructed to immediately release funds from Escrow in accordance with the our decision.
If a dispute arises between you and us, our goal is to address your concerns immediately and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution by using our customer support option or email us at email@example.com .
For any claim, we may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If we elects arbitration, such arbitration will be initiated through an established alternative dispute resolution (ADR) provider, which is to be selected by you from a panel of ADR providers that we will provide to you. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
All claims you bring against us must be resolved in accordance with this policy and our terms and conditions. All claims filed or brought contrary to this policy shall be considered improperly filed and a breach of this policy. Should you file a claim contrary to the terms of this policy, we may recover its legal fees and costs (including in-house lawyers and paralegals), provided that we have notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
You agree that you will not pursue any claims arising under this policy on a class or other representative basis and will not seek to coordinate or consolidate any arbitration or action hereunder with any other proceeding. If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, We will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this policy. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
- Limitation to File Dispute: Completed Orders (after the order is marked as complete and before the 14-day limitation).
- Chargebacks: We will reviews cases of payment provider chargebacks and disputes on behalf of Experts. Although results vary per case due to each chargeback reason, we work hard on resolving disputes in the favor of rightful party. If the chargeback case allows, we will return parts or full revenue back to Experts, otherwise the chargeback amount will be borne by the Expert
We may in our sole discretion, reserves the right to suspend or terminate your user account, in accordance with our terms and conditions, immediately upon giving notice to you, if we reasonably believe that you may be abusing our dispute assistance service, which may impact your ability to withdraw funds.
We encourage our Clients and Experts to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact our Customer Support department firstname.lastname@example.org