Rules of Mediation

RavW Rules of Mediation and Arbitration

The purpose of the Rent a vWorker website is to introduce employers (also known as vEmployer or buyer) to vWorkers, (also known as seller, worker, coder, freelancer or online worker) for the purpose of remote, online or outsourced contract employment with a money back guarantee. The goal of Rent a vWorker is to provide a safe freelancing environment where employers get what they pay for and workers are paid for the work they perform. All contracts for hire are between the employer and the worker, as per the RavW Terms of Service and other Agreements; Rent a vWorker's liability is limited to providing a venue for users to connect. By use of our site and its governing policies, you agree to abide by the RavW Rules of Arbitration and Mediation should a dispute arise.

Dispute resolution is available on all projects regardless of size or type (hourly or pay-for-deliveries).

The terms 'mediator' and 'arbitrator', regardless of the context in which it is used, refer to any employee or contractor of Rent a vWorker designated to resolve a dispute.

You agree to designate Rent a vWorker and/or its representatives as the sole mediator and/or arbitrator, and that dispute resolution will be handled by an employee or contractor of Rent a vWorker. At RavW's sole discretion a non-biased third party, uninvolved freelance coder or other specialist will be hired for dispute mediation, arbitration and/or technical testing. Rent a vWorker agrees to mediate your dispute in a fair and impartial manner without bias in accordance with the Rules of Arbitration set forth, Rent a vWorker's Terms of Service and other Agreements. Should an issue arise that RavW does not have a rule in place you agree that RavW or its representative will use its best judgement and such will be as legally binding as if there was a rule for that specific issue. You agree that the ruling of Rent a vWorker or its representative is legally binding and that you waive other remedies, legal challenges or litigation, whether civil or criminal, against the other party, RavW or any of its representatives.

Dispute cases and subsequent mediation/arbitration are based on the agreed upon terms between the buyer (employer) and seller (worker), which includes the original bid request and communications before or at the time that the worker places his bid and the employer accepts the bid and funds escrow. A dispute case should only be opened when the buyer (vEmployer) and seller (vWorker) cannot reach an agreement on the acceptance of the project deliveries, quality, copyright, timely completion, timely release of escrow or other issue. All terms, conditions and agreements are to be fully agreed upon at the time the buyer accepts a worker's bid and at the time the worker acceptance the buyer's acceptance of the bid. Any changes to the terms of the contract must be accepted by the worker before the buyer accepts his bid and funds escrow to be considered enforceable and part of the contract for work. If the worker does not exercise his right to cancel the project within 24 hours of the project being awarded such terms will deemed as agreed and accepted and become a binding requirement of the job.

A dispute cannot be brought against a worker for missing the deadline on a project if the employer has allowed him to continue working without extending the deadline or explicitly stating what the new deadline is.

The time zone used for calculating the deadline time is Eastern Standard (EST Winter) or Eastern Daylight (EDT Summer).

Failure to participate in the dispute process or abusing the mediator or other involved party will result in loss of mediation/arbitration.

Once a dispute case is opened each user has three (3) business days to respond to RavW notifications. Whenever possible RavW will attempt to have the involved parties settle the dispute amicably and may offer solutions. Neither party is required to accept a solution suggested by RavW and such recommended solution will not close the dispute case unless both parties are in agreement. Disagreeing with a suggested resolution does not affect the end result of the dispute case if one or both parties disagree with it. If either user is unable to participate in the dispute within three (3) business days he must notify RavW ahead of time so an extension of time may be granted; failure to do so will result in forfeiture of the dispute.

Rent a vWorker or its representative's decision is final, binding and irreversible unless one or both parties involved requests an appeal and the appeal is, at RavW's sole discretion, substantiated. All requests for an appeal must be specific and provide all necessary information to substantiate the appeal. Should a dispute case be reopened the final outcome of the second mediation will either concur with the original decision or amend, adjust and/or replace it.

You agree that any communications off site, which include but is not limited to phone calls, email or instant messaging cannot be considered should a dispute arise. This includes all communications with the arbitrator; all communications must remain on-site and transparent.

Abusing or slandering the mediator, arbitrator or the Rent a vWorker website, violating our Terms of Service and other Agreements or other actions deemed unethical by Rent a vWorker will result in the dispute being resolved in the other party's favor and a negative feedback rating being left. Users agree to be professional and treat the dispute process with respect, follow the instructions provided by RavW, only post facts not opinions and abide by the Rules of Arbitration as well as RavW Terms of Service and other Agreements. Users also agree to be truthful and make adequate efforts to fully respond to the mediator/arbitrators questions. If RavW deems that a user is making intentional efforts to delay arbitration they are subject to forfeiture.

The complainant should include his reason for filing a dispute, the amount he thinks he should pay, (if he is an employer), or the amount he should be paid, (if he is a worker), his basis for filing a dispute and whom should be responsible to pay the cancellation fee, should one apply. Complainant should also attach any necessary documents to support his claim and clearly reference any discussions or correspondence that support his dispute. Only on-site communications can be considered in mediation and/or arbitration. It is imperative that all details, issues and complaints are detailed in the initial dispute filing; this includes flaw lists that are submitted. Items of dispute cannot be added later in the mediation or arbitration unless the possibility of such is clearly stated along with the reason for not being able to provide such information.

Unless otherwise specified in the mediation/dispute resolution, if the buyer (employer) wins the dispute he must destroy any deliveries received, and may be held liable by the seller (worker) for using any deliveries.

Unless otherwise specified, if the employer wins the dispute the worker will incur a 3.5% (of the job amount) charge. This charge will be deducted from the worker's online earnings account, deducted from future earnings or charged to his payment method. If the worker wins the dispute no fee is assessed. This fee is an estimated value of what it costs Rent a vWorker to process the initial money transfer that creates the job escrow. In many cases the employer will seek a refund back to his payment method which costs RavW approximately 3.5%.

In the instance of a job being cancelled via dispute one or both parties may be charged a percentage totalling 3.5%, depending on who is deemed to be at fault for the cancellation. Should the employer be deemed at fault or willingly pay the 3.5% fee RavW will refund or waive the charge if the funds are kept on-site and used for another project within ten (10) business days. The maximum total charge, if any, for dispute resolution is 3.5% of the project amount, which can be avoided as stated above. The cancellation fee does not apply if a worker cancels a project within 24 hours of being awarded a project.

When a project enters into a dispute status the ability to leave feedback for the other party is frozen and only RavW can leave feedback. Rent a vWorker's feedback ranges from zero (neutral) to negative three (-3). RavW will, at its sole discretion, issue feedback based on the users participation, the findings and the end result of the dispute.

Dispute cases are confidential and kept in confidence unless RavW deems it is necessary to publicize the details of the dispute. To prevent this from happening it is your responsibility to be honest and forthcoming about any projects in dispute. RavW reserves the right to seek damages in a criminal or civil court of law for any misrepresentations.

RavW reserves the right to alter, edit, amend or terminate its Arbitration - Mediation Policy as necessary. Such changes will be posted on Rent a Vworker CMS - Opens in a new window

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