Dispute Resolution Process

This Policy sets out the dispute process to be followed when a Buyer and Seller elect to use the Dispute Resolution process to resolve a dispute between them. This Policy is supplemental to Dominican Entrepreneur Terms of Service, as applicable (the “ToS”). Capitalized terms used but not defined herein shall have the respective meanings given to them in the ToS.

The Dispute Resolution Team

Both parties of the Dispute case can elect to have their dispute arbitrated by the Dispute Resolution Team. The role of the Dispute Resolution Team extends to making all actions necessary to resolve the case in an impartial and evidential manner. You acknowledge that the verdict of the Dispute Resolution Team is final, binding, and irreversible.

User Responsiveness

Buyers

Once a dispute is opened, a Buyer is given 10 business days to respond to it. Otherwise, they will automatically lose the dispute and the pending funds in escrow will be transferred to the Seller's account.

Sellers

Once a dispute is opened, a Seller is given 5 business days to respond to it. Otherwise, they will automatically lose the dispute and the pending funds in escrow will be returned to the Buyer's account.

Dispute Resolution Process

The complainant should select the Project to be disputed, after which a description of the issue and an explanation of why the dispute is being opened should be given. From this stage until Step 3, Users are encouraged to attach any files that could support their claims.

Finally, the complainant is requested to enter the amount they are prepared to pay for the Project (if a Buyer) or wish to get paid for the Project (if a Seller). The amount could be between 0 and the total amount of the Escrow Payment(s) in question.

• STEP 1 - Identifying the issue

• The complainant should select the Project to be disputed, after which a description of the issue and an explanation of why the dispute is being opened should be given. From this stage until Step 3, Users are encouraged to attach any files that could support their claims.
• Finally, the complainant is requested to enter the amount they are prepared to pay for the Project (if a Buyer) or wish to get paid for the Project (if a Seller). The amount could be between 0 and the total amount of the Escrow Payment(s) in question.

• STEP 2 - Negotiations

• At this stage, either party can negotiate for partial compensation, or (after a period of time) choose to have Dominican Entrepreneur's Dispute Resolution Team arbitrate the dispute. Both parties will have the opportunity to tell their side of the story and also negotiate terms to resolve the issue between themselves.
• Only the party who originally filed for the dispute can cancel the dispute. If the issue cannot be resolved through negotiation, either party can choose to pay the Arbitration Fee to have the dispute arbitrated by the Dispute Resolution Team. The Arbitration Fee will be refunded if the dispute is either settled through mutual agreement or cancelled before reaching arbitration.

• STEP 3 - Final Offers and Evidence

• After one of the involved parties has paid the Arbitration Fee, the other party has 5 business days to also pay the fee. Either party still has the option in this period to negotiate with the other party.
• If the responding party does not pay the arbitration fee in a timely manner, the result will be in favor of the party who escalated the dispute into arbitration first.
• If a solution is found before the responding party pays the fee, the party who paid the Arbitration Fee will be refunded such fee.
• Step 3 is the last stage where both Users can submit their final evidence to support their case. After Step 3, the involved parties are no longer allowed to submit evidence. The dispute will be resolved based upon the evidence provided through the Dispute Resolution System, or that is otherwise available to the Dispute Resolution Team, such as the Project description and correspondence between the parties.
• Once the dispute has proceeded to Step 4, further evidence will no longer be accepted.

• STEP 4 - Arbitration

• At Step 4, the Dispute Resolution Team will review all evidence and other information provided to reach a decision (usually within 48 hours). Dispute verdicts are final, binding, and irreversible. The party who wins the dispute will be refunded their Arbitration Fee.
• In the event that one of the parties of the Dispute has paid the Arbitration Fee, the other party will be given 5 business days to pay the Arbitration Fee to move into Arbitration, and failure to do such will close the dispute by default, in favor of the party who initiated stage 4, with the arbitration fee initially paid refunded.

Evidential Requirements for Your Dispute

Should you elect to have the Dispute Resolution Team arbitrate your dispute, you agree to allow the Dispute Resolution Team to read all correspondence made on the Website and download or access, and test (if necessary), all uploaded files, programs, and websites related to the dispute for the sole purpose of having your dispute resolved.

You are highly encouraged to submit all the documents that would support your claims on your dispute.

Submit e-mail correspondences as screenshots or as *.eml files. If submitting screenshots, ensure that the "To", "From", and the "Date" bar is visible. E-mail correspondences sent in *.txt or *.doc or any word processing software will not be taken into consideration. For proof of external correspondence, users should provide screenshots of their 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 taken into consideration.

Provide the products, contracts, and other files relating to the Project and the dispute. Dominican Entrepreneur will retain the confidentiality of the Project and the privacy of the involved users and will not release the collected information to any party unless required by law.

Fees

The fee for a Dispute is $5.00 USD or 5% of the disputed Project, whichever is greater, payable by each party. The winner of the dispute will get a refund on the fee the winner paid (that is, $5.00 USD or 5% of the disputed Project, whichever is greater). See the Payment Terms for further details.