Refunds / Disputes
Refunds / Disputes
In the unlikely event that some or all of the money needs to be returned or refunded to the consumer or there is a dispute between the consumer and business/supplier/seller; we recommend first checking any agreements entered into between the parties such as an agreement to trade, and then the IPromise Terms of Use.
Disputes can escalate and cause a breakdown in trust between parties. Disputes can arise for a variety of reasons but the most common disputes on projects relate to:
- Delays in the project
- Disagreement over variations to the scope of work
- Defective workmanship
- Overcharging
Notes:
– IPromise does not get directly involved in Disputes. Disputes between our Customer and their customer (Consumer) are for them to resolve.
– The advice below provides a summary of how to deal with refunds / disputes, but always refer to the agreements between the parties first.
– Any refunds will only be paid into the same account from which funds were originally paid from into the Trust Account.
One
Pick up the phone to agree a solution (Preferred)
Just talk to each other!
If both the business and consumer are committed to constructively working towards a solution, (and willing to compromise) then a solution can usually be found. This is always preferred to more formal proceedings.
If you agree to a refund to the customer then either complete the attached IPromise Refund Authorisation Form or follow the IPromise Secure Chat Refund Authorisation Instructions.
If the parties cannot resolve quickly on the phone (or in person) then IPromise retains the quoted fee amount until the dispute is resolved.
Two
Issue a Disputes Notice
If the issue can’t be resolved over the phone, the next step is for either party to provide written notice by email or via the app (Dispute Notice) to the other party which sets out:
- The amount in dispute and amount not in dispute
- The specific issue / claim
- What they propose to occur for the amount to not be in dispute
The parties will work together in good faith to resolve the Dispute Notice to enable the Trade to be completed.
Three
Refer the dispute to mediation
If the dispute is not able to be resolved within 10 business days of the Dispute Notice, either party may refer the dispute to mediation. The parties may agree on a suitable person to act as a mediator or select a mediator. Find a mediator here. If the dispute is resolved by mediation, IPromise will not be involved in the mediation process but will act upon instruction from the mediator and deal with the quoted fee amount accordingly.
Four
Refer the dispute to arbitration
If the dispute is not settled by mediation, either party may refer the dispute to arbitration. Find an arbitrator here.
Any dispute which has been referred to arbitration will be settled by arbitration and neither party will be able to bring legal proceedings. The arbitrator will make a binding decision. IPromise will not be involved in the arbitration process but will act upon instruction from the arbitrator and deal with the quoted fee amount accordingly.