LAST UPDATED: 3 Feb 2017
We sincerely hope that you never have to come to this page but we understand that sometimes, these circumstances are unavoidable.
This Policy sets out the dispute process to be followed when a Brand and Influencer who have used the SushiVid Escrow Payment System elect to use to the Campaign Dispute Resolution process to resolve a dispute between them.
If loaned products are given, brand and Influencer should set their own terms. SushiVid is not liable for damages borned before, during or after campaign.
If a brand requests for a cancellation of the campaign once they have accepted an Influencer, charges will apply:
If an Influencer has already proceeded with the content production, depending on the extend of work done, the amount paid by brand to Influencer is not fully refundable.
In the event of campaign dispute, if a brand has already made payment and Influencer does not fulfill the campaign requirements, Influencer has to refund the amount to brand as per following:
*Paid amount: Amount that the brand has already paid to SushiVid and is held in escrow.
If the dispute differs from the above Condition 1 to 4,
Who to reach out to:
Once a dispute is opened, a brand is given 7 working days to respond to it. Otherwise, they will automatically lose the dispute and the pending Milestone will be transferred to the Influencer's account.
Once a dispute is opened, an Influencer is given 4 working days to respond to it. Otherwise, they will automatically lose the dispute and the pending Milestone will be returned to the brand's account.
Campaign Dispute Resolution Process (if the condition is not stated above)
Identifying the issue
The complainant should reach out to the account manager immediately should there be an unresolved situation with regards to the campaign with a clear indication that you wish to contest a dispute.
After which, a description of the issue and an explanation of why the dispute is being opened should be given. Users are encouraged to attach any files that could support their claims.
Finally, the complainant is requested to enter the amount he or she is prepared to pay for the Project (if a Brand) or wish to get paid for the Project (if an Influencer). The amount could be between 0 and the total amount of the Campaign Payment(s) in question.
At this stage, either party can negotiate for partial compensation, or (after a period of time) choose to have SushiVid's Team arbitrate the dispute. Both parties will have the opportunity to tell their side of the story and also negotiate terms to resolve the issue between themselves.
Only the party who originally filed for the dispute can cancel the dispute. If the issue cannot be resolved through negotiation, either party can choose to pay the Arbitration Fee to have the dispute arbitrated by the Dispute Team. The Arbitration Fee will be refunded if the dispute is either settled through mutual agreement or cancelled before reaching arbitration.
Final Offers and Evidence
After one of the involved parties has paid the Arbitration Fee, the other party has 4 working days to also pay the fee. Either party still has the option in this period to negotiate with the other party.
If the responding party does not pay the arbitration fee within the 4 working days, the result will be in favour of the party who escalated the dispute into arbitration first.
If a solution is found before the responding party pays the fee, the party who paid the Arbitration Fee will be refunded this fee.
The involved parties are no longer allowed to submit evidence. The dispute will be resolved based upon the evidence provided through the Dispute System, or that is otherwise available to the Dispute Team, such as the project description and correspondence between the parties.
During this period, the Dispute Team will review all evidence and other information provided to reach a decision (usually within 48 hours). Dispute verdicts are final, binding, and irreversible. The party who wins the dispute will be refunded their Arbitration Fee.
In the event that one of the parties of the Dispute has paid the Arbitration Fee, the other party will be given 4 working days to pay the Arbitration Fee to move into Arbitration, and failure to do such will close the dispute by default, in favor of the party who initiated the Arbitration, with the arbitration fee initially paid refunded.
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.
SushiVid 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.
The fee for a milestone dispute is $5.00 USD or 5% of paid amount, whichever is greater, payable by each party. The fee will then be refunded to the winner of the dispute.
Our dispute resolution system is designed to allow both parties to resolve issues regarding milestone payments amongst themselves without arbitration.
After 4 working days of a dispute being filed (or 7 working days if the dispute is filed by the brand) either party may elect to move the dispute to paid arbitration. The other party will then have a further 4 working days to agree to pay this fee and for both parties to submit any final evidence. If the other party fails to pay within time, they will lose the dispute.
The arbitration fee will then be refunded to the winner of the dispute.