Dispute Resolution Policy
Effective January 1, 2023
We want all interactions between our Users to run smoothly, however, we recognize disagreements may arise from time-to-time. This Policy defines Worksome’s approach to dispute resolution and describes our commitment to supporting conflict resolution between Users.
We recognize situations may arise where it becomes difficult to resolve an issue without external support. Worksome will support our Users if they have been unable to resolve their disputes directly. Worksome’s role in the resolution of disputes between Users is on an informal basis only. We do not guarantee any outcome or resolution.
Users shall first attempt to resolve any dispute, controversy, or claim arising out of any Booking Contract, or the breach, termination or invalidity of any Booking Contract (each a“Dispute”) informally with the other party. Users agree to attempt in good faith to resolve any Dispute by communicating, negotiating and consultation between themselves. If the Dispute is not resolved on an informal basis within ten (10) business days after a User delivers written notice of any Dispute to the other party, either party may refer such Dispute to Worksome’s Customer Support team for assistance with the Dispute pursuant to this Policy.
Informal Mediation Process
When submitting a Dispute to Worksome for assistance, the submission must include a description of the circumstances surrounding the dispute along with copies of all communications between the parties. The parties shall cooperate with Worksome and each other in attempting to resolve the Dispute, and agree to use commercially reasonable efforts in participating in the informal mediation process.
Worksome commits to engaging the parties in an informal mediation process lasting no more than thirty (30) calendar days during which we will make commercially reasonable efforts to assist the parties in resolving their Dispute. During the informal mediation process, information communicated to Worksome may be communicated to the other party in support of resolving the Dispute.
Users are not obligated to resolve their Dispute via the informal mediation process, and may exit the process at any time. Participation in any informal mediation process shall not otherwise limit a User’s legal rights arising at law or in equity.
Users agree that all communications regarding disputes must be conducted via the Platform.
All offers, promises, conduct, and statements, whether oral or written, made in the course of the informal mediation process by any of the parties, their agents, employees, experts, and attorneys, and by the mediator and any employees of the mediation service, are confidential, privileged, and inadmissible for any purpose, including impeachment, in any litigation, arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.
Worksome expressly disclaims any liability that may arise between Users, including but not limited to the performance of or failure to perform any Worker Services, the amount or sufficiency of any fees related to Booking Contract, or the authorization to release or failure to authorize the release of any such fees by the Company.
Workers prepare and submit Bills for Worker Services rendered via the Worksome Platform. Following the submission of each Bill, Worksome issues a new Invoice to the Company including Booking Fees, Expenses, and Worksome fees.
The Company must approve or dispute each Bill within the Bill Acceptance Period. Companies using the auto-approval setting on their account are not excepted from this requirement.
For a faster resolution process, we require all disputes contain the specific reason for the dispute, the proposed changes necessary for acceptance, reference to the elements of the Bill in dispute and all supporting information and documentation necessary to substantiate the dispute.
If a Company does not dispute a Bill within the Bill Acceptance Period, that Bill will be deemed accepted. All approved Bills are final. When a Company approves a Bill, they waive their right to later dispute that Bill.
Worksome shall, under no circumstances, be liable for the payment of any Bill, Worker Services or Expenses.
Worker understands that if the Company is not satisfied with the services performed by the Worker due to defective or undelivered deliverables which are not in conformity with the specifications listed in the Assignment, the Company may raise a dispute with the Worker. The Worker may then agree to redeliver, rectify, or replace the deliverables, where possible, at the Company’s discretion (“Rectification”). The Worker will be required to complete any Rectification at its own cost and must be completed in order to ensure the Rectification does not cause delay or negatively impact the Assignment. If the Worker refuses Rectification, or if Rectification is rejected by the Company, the Company will be entitled to terminate the Booking Contract. If terminated, the Company will only be obliged to pay for services that were rendered to the reasonable satisfaction of the Company prior to the date of termination.