Refund policy - Dev Consulting

Register

Connect with

CANCELLATION AND REFUND POLICY

Last updated on 11 April 2023

This Cancellation and Refund policy will provide guidance and a legally binding agreement between you, whether personally or on behalf of an entity (“You”, “Users”, “Seller”, “Buyer”, “Businesses”, “Experts”, “Consultant”, “Consultee”, “Party”, “Parties”) and Kounselly JSc. (“Company”, “We,” “Us” or “Our”), and between Sellers and Buyers, concerning the dispute resolution and refund policy for transactions made between Sellers and Buyers on our website at https://devmarketplace.kounselly.com (“The website”). This Cancellation and Refund policy will govern the following terms and conditions:

1. In how many ways can your orders be canceled?

On the website, your orders can be canceled in six ways:

1.1. Automatically canceled by the system

Orders will be canceled by the system and Buyers will get a refund in the following situations: (1) Pending orders are not completed with payment within 24 hours. (2) Orders have been paid but receive no response (either accept or deny) from the Sellers within 24 hours from the time the orders are paid successfully. (3) When either party’s account is banned, the order will also be canceled automatically by our system.

1.2. Cancelled forcefully by the admin

In some cases, if we found your orders have problems, including without limitations, spam orders, made by an agent, suspicious orders, making use of our promotion and special offers, payment error, our system error, orders that violate our policies and applicable law, and regulations (please refer to our Terms of Service), we will forcefully cancel your order and your money will be refunded.

1.3. Cancelled at the Seller’s own discretion

Sellers are given 24 hours after the orders are paid successfully to decide whether they should accept or deny an order. Therefore, they can decline Buyers’ orders at their own discretion within 24 hours since the order is paid successfully.

1.4. Cancelled at the Buyer’s own discretion

If Sellers miss the delivery deadline, unless the parties have another agreement, Buyers can cancel the order, at their own discretion, without seeking mutual agreement from Sellers.

1.5. Cancelled with the mutual agreement of both parties (i.e. Sellers and Buyers)

Orders will be mutually canceled when one party (either Buyers or Sellers) sends a mutual cancellation request through the “Resolution Center” and the request is accepted by the other party. Please note that the party receiving the mutual cancellation request is given 3 days to respond to the request before another resolution method (i.e. Arbitration request) can be activated.

1.6. Cancelled under our decision as a mediator and arbitrator.

1.6.1. Our decision is final Orders will be canceled under our decision when one party sends an arbitration request to us through the “Resolution Center” for our support in resolving your dispute as the last resort. In this case, it is up to us, in the exercise of our discretion, to make the decision based on the evidence provided by both parties and the records in our system. You agree and accept that our decision will be final and binding for both parties to comply with. No party has the right to appeal against our decision. 1.6.2. Situations in which Buyers can request an arbitration: (1) The sellers’ delivered work is not as the service description or Buyers’ request description or what the two parties discussed with each other before placing the order and Buyers can provide evidence to prove this. (2) Buyers request modification but Sellers do not deliver the modified work within the committed and agreed timeframe or 3 days from the date Buyers send the request if both parties have no other agreement. (3) Buyers send the request for mutual cancellation, but Sellers do not respond within 3 days from the date Buyers send the request. 1.6.3. Situations in which Sellers can request arbitration: (1) In case the Seller sends a request for mutual cancellation, but the Buyer does not agree or respond in 3 days, the Seller can submit an arbitration request to us, explaining your reasons. (2) If the Seller sends a request for extending delivery time to the Buyer, but the Buyer declines or does not respond within 3 days from the date the request is sent, the Seller can send us an arbitration request to support in resolving the dispute. But in this case, the Seller needs to provide us with reasonable reasons, such as: a. The Buyer sent the modification request less than 3 days before the delivery deadline and the Seller can explain and prove that he/she needs more time to complete the modification as per the Buyer’s request. b. Technical errors from our system c. The Seller is sick and has a doctor’s confirmation. d. The Seller’s parents/ parents-in-law, spouse, or children are sick and need his/her care. In this case, we also need a doctor’s confirmation. e. The Seller has a funeral to attend from one of the following: his/her grandparents, parents, parents-in-law, spouse, children, sisters/brothers, spouse’s sisters/brothers f. Force majeure circumstances such as natural disasters, fire, pandemics, and war.

2. Arbitration Resolution Process

The process to resolve a dispute via arbitration is as follows:

2.1. Step 1: Send Arbitration Request

Either party sends an arbitration request to us via the “Resolution Center”. In this step, you need to explain the reason why you request arbitration and provide us with all the evidence to prove your stand. How can you do so? (1) Click the button “Resolution Center” (2) Choose “Arbitration Request” (3) Send us a message while requesting arbitration and attach additional information/evidence with the message. Evidence that we accept are:

Photos of your chat/message

Photos of your transaction page

Your delivered files/photos

Photos of the service or request page

The recording of your online meeting for 1-1 consulting sessions

Anything else that can be checked on our system to prove your position.

Please note that to ensure the file are attached successfully, you need to wait until the attachment uploading status shows “finish” (4) Click the “submit” button to send your request to us.

2.2. Step 2: Status check

Frequently check your order/transaction page, since we may ask for additional evidence or another party may upload counter-evidence and you need to provide additional evidence to prove your stand. To provide additional evidence, you can use the “send message” and “send file” functions at the end of your disputing transaction/order page. Either party is given 3 days to provide additional evidence or counter-evidence.

2.3. Step 3: Processing and decision

After sending us all the evidence, the involved parties should wait for our processing, and our decision notification sent to your email after 5 working days from the date we receive all evidence from both parties.

If our decision is in favor of the Buyer, the money will be refunded.

If our decision is in favor of the Seller, unless the Seller requests a cancellation, the order will be continued.

Please note that Kounselly is the arbitration party, therefore, we will ensure fairness for both parties. This means we only solve disputes based on evidence provided by both parties and information collected from our system. Therefore, we recommend you implement the following to avoid being put in a disadvantageous position when disputes arise:

Always discuss and exchange information with Sellers/Buyers through our integrated system to have evidence when needed. Kounselly will not solve disputes if the evidence is outside of our system (except the recording of your online meeting for 1-1 consulting sessions).

Always ask carefully about the service, ask for examples of the service output, and make the request in detail as much as possible. This is to ensure both parties understand thoroughly about the service or the request before placing the order. If the Sellers’ service is not what you require, you should ask for a custom offer. Be sure to read the information provided and explained in the custom offer carefully and ask for clarification if necessary.

3. How long will the order be refunded? And in which method?

The refund will be sent immediately into your Kounselly account balance right after the cancellation is made. If you want to withdraw the money into your personal account, you should make a withdrawal request. An email will be sent to you to confirm the withdrawal. Kounselly will process your withdrawal request in 3 – 5 working days from the date you confirmed your withdrawal request. And our payout date is every Friday.

4. In which case Buyers will not get the refund?

Buyers will not get the refund and must accept for the order to continue and to be delivered by Sellers if the decision from arbitration resolution is in favor of Sellers, specifically in the following situations: (1) Buyers send arbitration requests, but Buyers can not provide us with acceptable evidence or Sellers can provide acceptable counter-evidence to support their position, and/or Buyers fail to provide additional evidence as per our request or to support their stand against Sellers’ evidence. (2) Buyers asked for modifications and Sellers made reasonable requests for extended delivery time but Buyers refused. If Sellers send us an arbitration request and can provide evidence to prove their reasonable request (solely decided based on our opinion for the reasonability), the order will be continued with extended delivery time and you will not get the refund.

5. Term and modification

This cancellation and refund policy shall remain in full force and effect while you use the Site. We reserve the right to change or modify this policy at any time or for any reason at our sole discretion without notice. We may, but have no obligations to, inform or update you about the changes. Please, therefore, revisit this Cancellation and Refund Policy regularly to stay informed about our cancellation and refund policy. The date at the top of this Cancellation and Refund Policy indicates when it was last updated.