Dispute Assistance Program

If Client and Freelancer fail to come to a mutual resolution by way of the Refund and Cancellation process as stated, trans lance provides this Dispute Assistance Program as a mechanism to resolve the Dispute.

Definitions and Key Dates

1. 1. “Arbitration” means binding non-appearance based Arbitration by a neutral third party as described.
   2. “Arbitration Limitations Date” means the date 30 days after the date a Dispute is filed via the Site or via support ticket with Translance.net.
   3. “Dispute” means a dispute between a Client and Freelancer
   4. “Dispute Assistance Deadline” means the date 30 days after the Client was billed for the last milestone
   5. “Translance.net Dispute Assistance” means the Dispute assistance provided by Translance.net

 Availability of Translance.net Dispute Assistance

Dispute Assistance is only available (i) after initial funding of the  Escrow Account associated with the Engagement, and (ii) prior to the Dispute Assistance Deadline. Dispute Assistance is not available to either the Freelancer or the Client via the Site after the Dispute Assistance Deadline.

Non-Binding Assistance

Translance.net will first attempt to assist Client and Freelancer by reviewing the Dispute and proposing a mutual, non-binding resolution.

1. 1. • The Translance.net Disputes team will notify Client and Freelancer via ticket by providing a notice of dispute along with a request for information and supporting documentation (if any).
      • If both Client and Freelancer respond to the notice and request for information, then the Disputes team will review the documentation submitted and any information available on the Site that pertains to the Dispute. After review, the Disputes team will propose a mutual, non-binding resolution based on the results of the review.
      • The proposed resolution is non-binding; Client and Freelancer can choose whether or not to agree to it. If Client and Freelancer agree in writing to the proposed resolution, Client and Freelancer agree that Translance.net is authorized and irrevocably instructed to immediately release Escrow funds in accordance with the final resolution.
      • If Client or Freelancer disagrees with Translance.net proposed, non-binding resolution, they may proceed to Arbitration. If Client and Freelancer do not choose to arbitrate, Freelancer and Client agree that Translance.net is authorized and irrevocably instructed to immediately release to Client all funds held in Escrow.
      • If Client or Freelancer chooses to arbitrate by notifying Translance.net via support ticket of their intent to arbitrate, Translance.net will notify both Client and Freelancer via ticket that they must make the Arbitration Payment within 5 business days of the notice (the “First Arbitration Notice“). If both parties make the Arbitration Payment (including after initial notice of non-payment), then Translance.net will deliver instructions for initiating Arbitration.
      • If Client or Freelancer does not make the Arbitration Payment within 5 business days of the notice, Freelancer and Client will be deemed to have irrevocably authorized and instructed Translance.net to, and Translance.net will release the disputed funds to the party that paid the Arbitration Payment to the extent that any disputed funds remain in the Escrow Account. If no funds remain in the Escrow, translance.net will close the Dispute.
      • If Client and Freelancer both do not make the Arbitration Payment by the Arbitration Limitations Date, then Client and Freelancer will be deemed to have authorized and instructed translance.net Escrow to, and translance.net will, release the disputed funds to Client, to the extent that any disputed funds remain in the Escrow Account, if no funds remain translance.net will close the Dispute.

• Arbitration for a Fixed-Price Engagement

Freelancer and Client each has the right to demand Arbitration of a Fixed-Price Engagement before the Arbitration Limitations Date if the Fixed-Price Escrow associated with the Engagement has been funded at least once. If either Client or Freelancer demands Arbitration in accordance with these Escrow Instructions and you are not the party that requested Arbitration, you agree to submit to the Arbitration and pay your share of the Arbitration fees detailed below. In any Arbitration, each of you and the other Member is a “Dispute Party,” and collectively you are the “Dispute Parties.”

Any such Arbitration will be conducted by a neutral third-party Arbitration services.

Arbitration Award

You agree that the arbitrator is authorized to decide the Dispute within its discretion. You agree that the arbitrator’s award is final, that it may be entered in and enforced by any court of competent jurisdiction, and that if the arbitrator delivers notice of any award to Translance.net, then Translance.net has the right to treat such notice as conclusive and act in reliance thereon.

 Service Fees for Escrow Funds Released Following Dispute Assistance

All Escrow Funds released under this policy are subject to the normal Service Fees associated with Escrow Accounts, as detailed in the User Agreement and applicable Escrow Instructions.

Notices

All notices to a User required by these Escrow Instructions will be made via email sent by Translance.net to the User’s registered email address.

Cooperation with the Dispute Assistance Program

All claims, disputes or other disagreements between you and another User that are covered by the Dispute Assistance Program must be resolved in accordance with the terms in the Dispute Assistance Program.

To respond to a dispute:

1. Click the Milestone tab of the contract.
2. Select Actions and View Dispute.
3. You can accept or reject the dispute.

If you the dispute accepted:

• The amount of accepted dispute will be paid to the freelancer.

If you the dispute rejected:

The client will review your message and either will accept the dispute or reject it by proposing new terms.

If you or your client fail to reach to an agreement the Dispute Assistance Program will be applied.

*Creating a dispute is available only when there is money in escrow.

To file a dispute on a contract:

1. Go to Contract tab
2.  Click on Milestone Payment.
3. Under Actions click on Dispute
4. Specify a reason for the dispute and give details to support your claim that the work is complete and payment due. Explain the situation so the dispute specialist understands your claim.
5. Click Continue and review what it means to initiate a dispute. If you agree, click Continue to Dispute.

If you or your client fail to reach to an agreement the Dispute Assistance Program will be applied.