Either party may initiate a Transaction dispute in the event that:
- Funds remain in the ShieldPay Client Account; and
- the Initiating Party believes that the other party has failed to comply with their obligations in relation to the Transaction.
To initiate a Dispute the Initiating Party must log a Dispute within the Platform by contacting the Support team and provide us the with an explanation of the Dispute together with all documents that may apply to the Transaction (Evidence), including any business terms, quote, images or video relative to the Transaction, proof of recorded or courier delivery, and/or any correspondence or other documentation relative to the Transaction.
We will notify the Responding Party that a Dispute has been initiated. The date on which such Dispute is logged is called the “Dispute Date”. The 14 calendar days beginning with the Dispute Date is referred to as the “Negotiation Period”.
During the Negotiation Period, we shall act as intermediary between the parties, collect and make all Evidence provided by each Party available to both parties to the Transaction. Our disputes resolution team will engage with both parties to seek a resolution to the Dispute.
Both parties must seek to resolve the dispute between them during the Negotiation Period. We will only release the Funds upon the joint instruction of both parties.
If the Responding Party does not respond to a notification of a Dispute within 90 days, we reserve the right to release the disputed Funds to the Initiating Party.
Should the parties fail to resolve the Dispute during the Negotiation Period, either party must submit the matter to binding arbitration within 14 calendar days after the end of the Negotiation Period. This second 14 calendar day period is referred to herein as the “Arbitration Commencement Period”.
Either party may commence the arbitration proceedings by commencing proceedings with. The parties agree to refer all disputes and differences of any kind to the Ajuve Dispute Resolution Rules which shall be read and construed as if set out in full herein. A full copy of those rules is available at http://ajuve.com/dispute-resolution-rules (Ajuve Arbitration).
If we have not received notice that the Ajuve Arbitration has commenced within the Arbitration Commencement Period, we may terminate or cancel the Transaction and refund the Sender, less our Fees.
Any award in such Ajuve Arbitration will be final and binding upon the parties and judgment thereon may be entered in any court of competent jurisdiction. Ajuve will provide us with a copy of the final award or decision and we will comply with Ajuve’s final award or decision.
The parties may resolve the Dispute at any time by both parties approving a Payment Transaction in favour of either the Initiating Party or Responding Party (as the case may be).
We shall not release any disputed Funds until the Dispute is resolved by:
- a joint instruction by the parties agreeing to release the disputed Funds; or
- an Ajuve Arbitration order to release the Funds held as part of the Transaction.