Escrow Instructions

If Client and Freelancer enter into a contract, if the client makes a payment, these instruction applies:
To the extent permitted by applicable law, we may modify this Agreement, and the Escrow Instructions it contains, without prior notice to you, and any revisions to the Agreement will take effect when posted on the Site unless otherwise stated. Please check the Site often for updates.
1. Digital Signature
By clicking to accept a contract Client and Freelancer are deemed to have executed this Agreement electronically, effective on the date Freelancer clicks to accept the Engagement.
2. Release and Delivery of Amounts in Escrow
Client and Freelancer irrevocably authorize and instruct Translance.net to release applicable portions of the Fixed Price Escrow Account (each portion, a “Release”) to their Freelancer Escrow Account or Client Escrow Account, as applicable, via the Site, upon the occurrence of and in accordance with one or more Release Conditions provided below or as otherwise permitted by applicable law. The amount of the Release will be delivered to the applicable Escrow Account in accordance with Freelancer’s or Client’s instructions, as applicable, these Escrow Instructions, and the other Terms of Service.
2.1 Release Conditions
1. Client clicks to release funds to Freelancer.
2. Client and Freelancer agree to close the contract.
3. Client or Freelancer has failed to make its payment initiated by the other Party pursuant to the Dispute Assistance Policy.
4. Client and Freelancer have failed to timely submit to Arbitration for an unresolved Dispute as such term is defined in the Dispute Assistance Policy.
5. Client or Freelancer has failed timely to respond to a Translance.net Dispute Assistance notification as required by the Dispute Assistance Policy.
6. Client or Freelancer has failed timely to pay for its share of Arbitration costs as required by the Dispute Assistance Policy.
7. Client or Freelancer otherwise has failed to comply with the Dispute Assistance Policy.
8. Issuance of the final order of a court of competent jurisdiction from which appeal is not taken.
3. Dormant Engagements
To be fair to Clients and Freelancers, Translance.net has a procedure for Contracts that appear Dormant. For purposes of determining Dormant status, “activity” means business term or milestone updates or requests, Escrow Funding, Escrow Release, Escrow Refunds, Funding requests, Release requests, Engagement Cancellation requests, Status Report submittals, or actions under the Dispute Assistance Policy.
If a Fixed-Price Contract has a Fixed-Price Escrow Account with a balance but has had no activity for 90 consecutive days after the last milestone date contained in the business terms, then the Engagement will be “Dormant.” Dormant Engagements are subject to the following rules:
1. Translance.net will notify Client when the Engagement becomes Dormant (“Dormant Date”).
2. If no activity other than Release requests has occurred within 7 days after the Dormant Date, Translance.net will notify the Freelancer that the Engagement is Dormant.
3. If Freelancer and Client take no action for 7 days after the Dormant Date, Freelancer and Client agree that Translance.net is authorized and irrevocably instructed to immediately release escrow funds to Client.
4. If Freelancer submits a Release request and client does not take any action for 14 days from the date of the Release request, Freelancer and Client agree that Translance.net is authorized and irrevocably instructed to immediately release to Freelancer the amount related to the milestone with Release request.
5. All funds released to Freelancer under this Section, Dormant Engagements, will be subject to the applicable Service Fees for Freelancers.

4. Refunds and Cancellations
If there are no funds in escrow, Client or Freelancer can cancel the contract at any time by clicking to close the contract. If funds are held in escrow, refunds and cancellations must be initiated by Client or Freelancer by following the steps below.
4.1 Cancellation by Freelancer
A freelancer cannot cancel a contract with a fund in escrow. If a freelancer wants to cancel a contract he should enter to dispute to refund a part or whole money to the client.
4.2 Cancellation by Client
A client cannot cancel a contract with fund in escrow. If a client want to cancel a contract he can create a dispute, if the freelancer accepts the dispute, the fund in the screw will be refunded to the client.
5. 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.
5.1Definitions and Key Dates
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
5.2 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.
5.3 Non-Binding Assistance
Translance.net will first attempt to assist Client and Freelancer by reviewing the Dispute and proposing a mutual, non-binding resolution.
 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.
5.4 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.
5.5 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.
5.6 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.
6. 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.
7. 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.


Warning: Parameter 2 to qtranxf_postsFilter() expected to be a reference, value given in /home/translance/public_html/support.translance.net/wp-includes/class-wp-hook.php on line 298

Related Articles