FLASHA DISPUTE & RESOLUTIONS
The Dispute & Resolution Service is offered by FLASHA to users who wish to contest payment for services and placements which have not met agreed terms and wish to negotiate return of payment.
In all circumstances, we still encourage users to resolve project issues or disputes between themselves rather than use this service. It is provided only as a last resort should parties be unable to reach an agreement.
HOW TO FILE A DISPUTE
Either of the parties has the option to file a dispute.
To file a dispute, follow these steps:
At this point, the party who creates the dispute will specify the relevant details of their case and the amount that they are willing to pay (as the advertiser) or accept (as the media channel owner).
Advertisers are given 24 hours from placement date to make a dispute and media channel owners are given 24 hours to respond. If the other party fails to respond, their claim on the payment will be forfeited and the party who filed the dispute (disputing party) will win.
If the other party responds within the given timeframe and makes an offer, both parties will then have to negotiate and come to an agreement.
Any of the two parties may escalate the dispute by paying the arbitration fee, which will be 5% of the disputed amount.
Note: The arbitration fee will be refunded to the winner of the dispute.
Once the arbitration fee is paid (regardless who did it first), the other party is given only 4 days to do the same. Otherwise, the payer wins the full disputed amount and gets back the arbitration fee. At this stage, both parties are given their last chance to submit evidence and claims. If the other party also pays the arbitration fee, the dispute will continue on to Arbitration.
At this point, the Arbitration Stage is in effect. Further evidence is no longer accepted from then on out. FLASHA will investigate submitted evidence to determine which party should receive the payment.
Before entering Arbitration, both users are informed that all dispute verdicts are final , binding, and irreversible. There are no provisions for reconsideration once a verdict is made.
We encourage users to resolve disputes between themselves. But if both parties are unable to reach an agreement, this service is a good alternative to straightening out the conflict.
This Policy sets out the dispute process to be followed when the advertiser, service provider or media channel owner who have used the Payment system elect to use to the Dispute Resolution process to resolve a dispute between them.
Evidential Requirements for Your Dispute
Should you elect to have the Dispute Team arbitrate your dispute, you agree to allow the Dispute Team to read all correspondence made on the Site 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 honoured. 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 honoured.
Provide the products, contracts, and other files relating to the project and the dispute.
FLASHA 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.
What is Arbitration?
If the first two steps of the FLASHA Dispute Assistance do not reach a conclusion, the case should proceed to Arbitration as a final step. Arbitration lets you receive final judgment on your disagreement from an independent third party. It is typically far less expensive than court and the judgment is enforceable in a court of law. FLASHA will adhere to the arbitration judgment and require that both parties abide by the ruling regarding the refund or release of funds held in the escrow agents (FNB) accountt and any other considerations.
When solving disputes please note that FLASHA:
- Will not be an inter-mediator between the advertiser, service provider or media channel owner.
- Will award payment to the deserving party.