Dispute Resolution / Arbitration Policy
Dispute Resolution / Arbitration Policy
Last Updated: May 2023
1. Introduction
This Dispute Resolution / Arbitration Policy outlines the procedures for resolving disputes between users of the Escrowfy platform, as well as disputes between users and Escrowfy. Our goal is to provide a fair, efficient, and transparent process for addressing and resolving issues that may arise during transactions or in connection with our services.
By using the Escrowfy platform, you agree to comply with this policy in addition to our Terms of Service.
2. Types of Disputes
2.1. Transaction Disputes
Transaction disputes include issues between buyers and sellers related to:
- Product or service not delivered as described
- Delivery issues or delays
- Product quality or functionality concerns
- Payment issues
- Refund requests
- Communication breakdowns
2.2. Platform Disputes
Platform disputes include issues between users and Escrowfy related to:
- Account restrictions or terminations
- Fee disputes
- Platform functionality issues
- Policy enforcement decisions
- Intellectual property claims
3. Informal Dispute Resolution
Before initiating a formal dispute, we strongly encourage parties to attempt to resolve issues informally through direct communication.
3.1. Direct Communication
For transaction disputes, buyers and sellers should:
- Communicate clearly and respectfully through the Escrowfy messaging system
- Clearly explain the issue and provide supporting evidence (screenshots, photos, etc.)
- Propose reasonable solutions
- Allow the other party reasonable time (typically 48 hours) to respond
3.2. Customer Support Assistance
If direct communication doesn't resolve the issue, users may request assistance from our customer support team before filing a formal dispute. Our support team can:
- Provide clarification on policies and procedures
- Facilitate communication between parties
- Offer guidance on potential resolutions
- Advise on next steps in the dispute process
4. Formal Dispute Process for Transactions
4.1. Initiating a Dispute
If informal resolution attempts are unsuccessful, either party may initiate a formal dispute through the following steps:
- Navigate to the transaction details page in your account
- Click the "Open Dispute" button
- Select the appropriate dispute reason from the dropdown menu
- Provide a detailed description of the issue
- Upload any relevant evidence (screenshots, communications, etc.)
- Submit the dispute
Disputes must be initiated within the following timeframes:
- For delivery issues: Within 3 days after the expected delivery date
- For product quality/description issues: Within 3 days after delivery
- For other transaction issues: Within 14 days of the transaction date
4.2. Dispute Notification and Response
Once a dispute is initiated:
- The other party will be notified via email and platform notification
- The funds related to the transaction will remain in escrow until the dispute is resolved
- The other party will have 3 business days to respond to the dispute
- Both parties can continue to communicate to try to reach a resolution
4.3. Evidence and Documentation
Both parties should provide relevant evidence to support their position, which may include:
- Messages exchanged through the Escrowfy platform
- Screenshots or photos of the product
- Delivery confirmation records
- Product descriptions and specifications from the listing
- Any other documentation relevant to the dispute
All evidence must be submitted within 5 days of the dispute being opened.
4.4. Admin Review and Decision
If the parties cannot reach a mutual resolution within 7 days, the dispute will proceed to admin review:
- An Escrowfy dispute resolution specialist will review all evidence and communications
- The specialist may request additional information from either party
- Based on the evidence and our policies, the specialist will make a decision
- Both parties will be notified of the decision and the reasoning behind it
- The escrow funds will be released according to the decision
Admin review decisions are typically made within 5 business days of the dispute entering this stage.
5. Dispute Outcomes
5.1. Potential Resolutions
Dispute resolutions may include:
- Full refund to buyer: In cases where products were not delivered, were significantly different from description, or had major defects
- Partial refund to buyer: In cases where issues are minor or partial delivery/fulfillment occurred
- Release of funds to seller: In cases where the seller fulfilled obligations as agreed
- Split resolution: In cases where both parties share responsibility for the issue
- Extended delivery time: In cases where additional time is needed for fulfillment
- Replacement or correction: In cases where the seller agrees to replace or correct the product/service
5.2. Implementation of Resolutions
Once a resolution is reached, either through mutual agreement or admin decision:
- The resolution will be implemented within 1-3 business days
- Both parties will receive confirmation of the resolution
- The transaction status will be updated accordingly
- Any funds to be released or refunded will be processed
6. Arbitration for Platform Disputes
6.1. Applicability
For disputes between users and Escrowfy that cannot be resolved through our customer support channels, we provide a binding arbitration process as an alternative to court litigation.
6.2. Arbitration Process
The arbitration process follows these steps:
- Demand for Arbitration: The user must submit a written demand for arbitration to Escrowfy, outlining the nature of the dispute and the desired resolution.
- Arbitrator Selection: A neutral arbitrator will be selected from a reputable alternative dispute resolution provider.
- Limited Discovery: Each side may request relevant documents from the other side.
- Hearing: A hearing will be held either virtually or in person, where both sides can present evidence and testimony.
- Decision: The arbitrator will issue a binding decision that resolves the dispute.
6.3. Costs of Arbitration
Escrowfy will cover the administrative costs of arbitration for claims under $10,000, provided that the claim is non-frivolous. For claims over $10,000, the cost will be shared equally between the user and Escrowfy unless the arbitrator determines otherwise.
6.4. Opt-Out Provision
Users may opt out of this arbitration agreement by sending written notice to Escrowfy at arbitration-opt-out@escrowfy.com within 30 days of first accepting these terms. The opt-out notice must include your name, address, email address, and an explicit statement that you wish to opt out of the arbitration agreement.
7. Class Action Waiver
By using our Services, you agree that you will resolve any disputes with Escrowfy on an individual basis, and you waive the right to participate as a plaintiff or class member in any class, consolidated, or representative proceeding.
8. Governing Law
This Dispute Resolution Policy shall be governed by the laws of [Jurisdiction], without regard to its conflict of law provisions.
9. Record Keeping and Privacy
Escrowfy maintains records of all disputes and their resolutions in accordance with our Privacy Policy. These records may be used for:
- Reference in future disputes involving the same parties
- Identification of patterns of behavior
- Training and improvement of our dispute resolution procedures
- Compliance with legal requirements
All personal information involved in the dispute process will be handled according to our Privacy Policy.
10. Changes to This Policy
Escrowfy reserves the right to modify this Dispute Resolution / Arbitration Policy at any time. Changes will be effective upon posting to the website. We will notify users of significant changes via email or platform notification. Your continued use of our platform after such changes constitutes acceptance of the modified policy.
11. Contact Us
If you have any questions about our Dispute Resolution / Arbitration Policy, please contact our support team:
Email: support@escrowfy.com
Or through our support ticket system available on our website.