Money-back, Mediation, Dispute Resolution
The Service Agreement is signed between the Customer (your company) and Contractors (development agencies that employ your selected engineers).
YouTeam is authorized to act as an agent of the Contractors, e.g. for payments.
Secure Payment Services (Advance Payments)
YouTeam requires payment in advance for development services provided during each servicing period, which is typically equal to a month or a two-week sprint. Payment must be made to YouTeam's designated account before services are rendered.
Following the end of each servicing period, or at any point during the service period once the lack of performance/deliverability/ was spotted, there’s a window of 5 business days within which the Customer shall review the results of the services provided and communicate objections as to the quality of those services if they have any (the so-called ‘objection period’). In the event the Customer fails to provide YouTeam with a written notification within the objection period, the services are deemed to be accepted by the Customer on the business day immediately following that period, thus enabling YouTeam to automatically release the funds:
Mediation and dispute resolution are the additional services that YouTeam provides to its users. Our goal is to help you resolve the dispute amicably, quickly, and cost-effectively, without resorting to formal dispute resolution procedures or court procedures if possible.
YouTeam Customer Success Manager assigned to each project free of charge acts as a project facilitator and mediator making sure that both sides are satisfied with the cooperation. Our managers are well versed in agile development principles and issues resolution and step in when something is a bit off communication or account management-wise. Mediation is a precursor to the dispute resolution procedure.
Dispute resolution procedure
If within the objection period, the Customer claims they are not satisfied with the quality of the service delivered, they may also request a money-back (partial or full refund depending on the plot of the issue), or additional services delivery within that period. Money-back applies to the funds still held in YouTeam's designated account ONLY and money-back (the refund request) should be placed in the objection period as well.
The Customer Success Manager (YouTeam dispute specialist) will mediate the request with the Contractor and afterward:
Agree and approve the refund request
If the Contractor accepts the claim, the request will be fulfilled, or either with the money back or additional services delivery
Dispute the refund request
If the Contractor has objections to the request, we will open a dispute and freeze the payout until the final clarification
YouTeam encourages you to discuss and seek ways to resolve the disagreement directly, however, if you are unable to do so, our YouTeam dispute specialist (s) will conduct an independent assessment of facts and written documents (including by means of electronic communication) pertaining to the case in question and presents the Parties with a written resolution.
In this case, the Dispute resolution procedure includes the following:
- the evaluation of the Parties' claims and objections, comments concerning the refund request;
- defining the outcome of the services provided during the disputed period;
- defining if the outcome of the services provided can (or cannot) be used by the Customer;
- defining the cost that should (or should not) be refunded.
If based on the evaluation of the Parties' claims and responses YouTeam dispute specialists decide that the outcome of the services provided can be used by the Customer at least partially, such services should be considered as provided partially, and a full refund is not possible. In this case, the YouTeam dispute specialists determine the amount of funds to be refunded to the Customer, depending on the scope of services provided and additional information.
A written resolution, made by the YouTeam dispute specialists is a recommendation, which however affects the transfer of money from YouTeam to the Customer or Contractor. Based on a resolution, YouTeam shall transfer the applicable portion of the payment to the relevant Party within 10 business days after a resolution is presented. If that resolution is rejected by one or both of the Parties, the final option is to proceed to arbitration or the court.
While it is likely that the dispute will be resolved in favor of the Customer if there is a breach of contract terms, its warranties, or the policies in place, money-back may not be awarded.
If the services provided do not conform to the intangibles values, vision, and business purposes the Customer is pursuing, evidence should be provided/extensive explanation should be provided.
Please be advised that according to the industry standards, all services and deliverables are provided by the contractors on an "as is" basis and without warranty of any type or any kind, including but not limited to any implied warranties of merchantability, fitness for a particular purpose and non-infringement of any third party rights.