Objective:
The objective of this Policy is to outline the dispute process to be followed when a Client and Expert elect to use the Dispute Resolution process to resolve a dispute between them.
Definitions:
Client: A user registered as a purchaser of products and services on the platform
Management Expert: A user registered as a provider of products and services on the platform
Company: ICube Consortium Pte Ltd, an entity that owns the SolveCube platform for billing, collections, disbursement of collected fees as per contract and dispute management.
Dispute: When the Client and Expert do not agree on the delivery, Cost, Milestone, Payment or any other aspects that arise out of Client and Expert Agreement
Arbitrator: Person appointed by the Company for the purpose of arbitrating the dispute between a Client or Expert of the SolveCube Platform.
Alternate Dispute Resolution (ADR)Process:
As outlined in the Terms of Service Agreement, if there is any dispute between a Client or Expert, the following process will be followed to resolve the dispute:
STEP 1 - Mediation:
If there is any dispute between a Client or Expert, they will attempt to resolve the dispute amicably and to the mutual satisfaction of the Client and Expert. If the dispute is not resolved within 30 days, then the dispute will be resolved by arbitration as outlined herein.
STEP 2 - Arbitration:
A dispute can be referred to arbitration by either a Client or Expert hereinafter referred to as ‘Complainant’ with regard to any terms agreed to between the Client and Expert by writing to arbitrator@solvecube.com with the following details:
Name of the Client or Expert raising the dispute
Name of the Client or Expert with whom there is a dispute
Project Name and Reference Number
Description of the dispute
Attachments of documents to support the dispute / complaint
On receiving the dispute or complaint from a Client or Expert, the Company will appoint an Arbitrator who will take all actions necessary to resolve the dispute between a Client and Expert in an impartial and evidential manner. The Client and Expert acknowledge that the arbitration will be conducted in English language and the verdict of the Arbitrator is final, binding, and irreversible.
The Arbitrator will share the details of the dispute or complaint with the other party (hereinafter referred to as the ‘Respondent’) for their response. The Respondent will provide their version of the dispute or complaint with supporting documents and evidences. If the other party or Respondent agrees to resolve the dispute by accepting the claim of the complainant, the Resolution Team will write to both the complainant and the Respondent and close the dispute as resolved based on the confirmation from the complainant for cancellation of the dispute.
If the Respondent does not agree to the claim of the Complainant, the Resolution Team will initiate arbitration to resolve the dispute if either party chooses to pay the Arbitration Fee (USD 25 or 5% of the Transaction Value whichever is higher) to have the dispute arbitrated by the Resolution Team. The Arbitration Fee will be refunded if the dispute is either settled through mutual agreement or cancelled before reaching arbitration.
After one of the parties to the dispute has paid the Arbitration Fee, the other party has 5 days to also pay the Arbitration fee. Either the Complainant or Respondent still has the option to negotiate with the other party and resolve the dispute during this period. If the other party does not pay the arbitration fee within the 5 days period, the result will be in favour of the party who escalated the dispute into arbitration first.
If a resolution is found before the other party pays the fee, the party who paid the Arbitration Fee will be refunded this fee.
The arbitrator will review all evidence and other information provided by the both parties to reach a decision (usually within 72 hours). In addition to the above the arbitrator will also access the data from the platform to arrive at a decision. Dispute Resolution verdicts are final, binding, and irreversible. The party who wins the dispute will be refunded their Arbitration Fee.
SolveCube 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.