GradSkills Dispute Resolution Policy
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1.Scope
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If the Client fails to accept the deliverables or service, and therefore fails to trigger the relevant payment to the Freelancer, or if the Client reasonably believes it should not pay all or part of the relevant payment to the Freelancer, then either party may refer the dispute to GradSkills under this Dispute Resolution Policy.
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Each of the Client, the Freelancer and GradSkills will keep confidential all aspects of the dispute and the outcome and will not release such information to any party unless required by law.
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All contact with GradSkills under this Dispute Resolution Policy should be sent to support@gradskills.com.
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GradSkills can refuse to determine a dispute at any time for any reason at its sole discretion.
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2.Binding
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Each of the Client and the Freelancer acknowledges that GradSkills’ verdict under this Dispute Resolution Policy is final and binding.
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3.Supporting evidence
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Where possible, you should submit supporting evidence in support of your claim.
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E-mail correspondences should be submitted as screenshots or as *.eml files to ensure that the “To”, “From”, and the “Date” bar is visible. E-mail correspondences sent in *.txt or *.doc or any word processing software may not be considered.
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For proof of external correspondence, you should provide screenshots of the 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 considered.
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4.The Dispute Resolution Procedure
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Stage 1: Explanation
Either party can begin the Dispute Resolution Procedure by sending an email to the other party with a copy to GradSkills setting out details of the dispute, including full details of the service to be provided and the service that has been provided to date; the agreed payments, and the payments made and/or received to date; the dispute and any steps taken to resolve the dispute to date; and the outcome that is desired, including details of any revised payment proposed.
If the recipient party fails to respond to the initial email within 14 days, then the party who started the Dispute Resolution Procedure is awarded the outcome that they desire. We shall be authorised to transfer any funds from a party’s account to the other party’s account to reflect this.
The recipient party should otherwise respond to the initial email with a copy to GradSkills with full details of their position, including any points that are not in dispute, or otherwise conceded; any claim that they may have in response; any mitigating factors; and the outcome that they desire.
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Stage 2: Negotiation
The parties agree to negotiate amicably and professionally to try to resolve the dispute.
Only the party who initiated the Dispute Resolution Procedure can cancel the Dispute Resolution Procedure and can do so by sending an email to GradSkills. If the dispute is resolved, each party should notify GradSkills accordingly with details of the outcome. Again, we shall be authorised to transfer any funds from a party’s account to the other party’s account to reflect the outcome.
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Stage 3: Arbitration Fee
If the dispute cannot be resolved by the parties through negotiation, either party can choose to pay the Arbitration Fee to have the dispute arbitrated by GradSkills. The Arbitration Fee will be refunded if the dispute is either settled through mutual agreement or cancelled before reaching arbitration. The Arbitration Fee may be waived by GradSkills at its absolute discretion.
The Arbitration Fee is £10 or 5% of the payment in dispute, whichever is greater, payable by each party. The winner of the dispute will be refunded the Arbitration Fee that they paid, and GradSkills shall retain the Arbitration Fee paid by the other party.
After one of the parties has paid the Arbitration Fee, GradSkills shall notify the other party, and the other party has 7 days also to pay the Arbitration Fee. During the 7 day period, the parties can still submit evidence to each other, and continue to negotiate the dispute.
If the other party does not pay the Arbitration Fee within 7 days, then the party who has paid the Arbitration Fee is awarded the outcome that they desire. We shall be authorised to transfer any funds from a party’s account to the other party’s account to reflect this.
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Stage 4: Arbitration
GradSkills shall notify the parties of the date it intends to determine the dispute. All evidence must be received 48 hours before that date. GradSkills will review all evidence provided to it under this Dispute Resolution Procedure together with all correspondence and documents on the GradSkills site and accordingly, GradSkills may download or access, and test (if necessary), all uploaded files, programs, and websites related to the dispute.
GradSkills shall use its best efforts to deliver its written response to the Client and the Freelancer no later than 48 hours after the dispute determination date . The decision is binding on the parties, and GradSkills shall be authorised to transfer any funds from a party’s account to the other party’s account to reflect the decision.
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