Fees and Dispute Policy

Last updated 01/3/2018

FEES and Dispute Policy for Service Seeker

In connection with use of Go Proxima Inc.’s (“Go Proxima”) EezyBee Platform, Go Proxima charges certain Fees for the services provided by the Service Providers on the platform. Details of such fees for Service Provider’s services will be provided to you before you use such services. All EezyBee Service Seekers are automatically charged every Sunday for the services that were completed for the week.

AGREEMENT TO PAY FEES.

You agree to pay these Fees. You agree to pay all applicable charges based on the Fee and billing terms then in effect. Once the service has been completed, Go Proxima will charge your credit card, PayPal or other payment method you have designated. You will not be charged until the job has been marked as complete. If a job on the platform has been marked as “complete” and the Service Provider has not actually performed on the job, you can create dispute instance. If Go Proxima cannot charge a credit card, PayPal or other payment method for any reason, Go Proxima reserves all rights permissible under law to recover payment and all costs and expenses incurred, including reasonable attorneys' fees, in our pursuit of payment. You explicitly agree that all communication in relation to delinquent Fees due will be made by electronic mail or by phone. Such communication may be made by Go Proxima or by anyone on its behalf, including but not limited to a third-party collection agent. If you have a balance due on your Account, you agree that Go Proxima may charge such unpaid Fees to your credit card or otherwise bill you for such unpaid Fees.

TAXES.

You understand and agree that you are solely responsible for determining your own tax reporting and sales tax collection requirements in consultation with tax advisers, and that Go Proxima cannot and do not offer specific tax advice to either Service Providers or Service Seekers. All sales on Go Proxima are final and non-refundable, except as otherwise specified herein.

REFUNDS.

All refunds are provided at the discretion of the service provider. We will normally process your valid written request within thirty (30) days of receiving it, unless a shorter period is required by law. You may request a cancellation or refund by emailing your request to Go Proxima support at support@eezybee.com. If you cancel your Account, you will not receive any refund. REFUNDS WILL BE PAID INTO THE SAME ACCOUNT OR PAYMENT METHOD THAT WAS USED TO MAKE THE ORIGINAL PAYMENT.

USER DISPUTES.

Go Proxima values our Service Providers and Service Seekers who use the EezyBee platform, and we understand that every once in a while disputes may arise between or among them. Our goal is to help users resolve such disputes independently. You have the right to use the self service dispute resolution platform to resolve disputes between you and the service provider. You are allowed to create a dispute instance against a service provider on the platform to start the process of dispute resolution any time until 3 days after payment has been processed by the platform (seekers can create the dispute right after the provider specifies that the job is marked as complete on the platform. The seeker can create a dispute instance any time from the time the provider “completes” the job {any time during the week} until the following week’s Wednesday). You have the to option to describe the dispute and provide additional documentation to aid the dispute resolution process. When a dispute has been initiated by the service seeker, you have the option of providing a custom payment to resolve the dispute. You have the right to report/flag any dispute. Go Proxima has the right to give you a dispute report for a dispute after reviewing the dispute. If you have five (5) dispute reports, Go Proxima has the right to freeze your account. When the account is frozen, the Service provider will no longer be able to do the following: offer to work on services posted on EezyBee, create new posts for offered services they can provide or accept service requests from service seekers. You can unfreeze your account by resolving your disputes until you have less than five (5) dispute reports. You can resolve your dispute by paying the full payment or custom payment agreed by the Service Provider or cancel the dispute.

In the rare event a dispute initiated by either a Service Provider or a Service Seekers cannot be resolved independently, you agree, at Go Proxima's request, to participate with good faith, to the extent you are reasonably able to do so, in a neutral resolution, mediation, or arbitration process conducted by Go Proxima or a neutral third-party mediator or arbitrator selected by Go Proxima. Go Proxima uses JAMS as the preferred arbitrator. Notwithstanding the foregoing, you acknowledge and agree that Go Proxima is under no obligation to become involved in or impose resolution in any dispute between or among users or any third party. Once the dispute has been resolved between the Service Provider and the Service Seeker, Go Proxima will abide by the resolution, and if necessary, will provide refunds to the Service Seeker if the resolution decides this.

BINDING ARBITRATION.

For disputes between you and Go Proxima, if a Dispute cannot be resolved through negotiations, either you or Go Proxima may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. You should review this provision carefully. This arbitration provision limits your and Go Proxima’s ability to litigate claims in court and you and Go Proxima each agree to waive your respective rights to a jury trial.

The arbitration shall be commenced and conducted by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures, which are available at the JAMS website (http://www.jamsadr.com/). This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the “FAA”) shall apply to the construction, interpretation, and enforceability of this Agreement notwithstanding any other choice of law provision contained in this Agreement.

If, for any reason, JAMS is unable to provide the arbitration, you may file your Dispute with any national arbitration company under the Commercial Arbitration Rules of the American Arbitration Association.

The arbitrator shall determine the scope and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration. The arbitrator has authority to decide all issues of arbitrability, including where a party raises as a defense to arbitration that the claims in question are subject to one or more Exceptions to Negotiations and Arbitration.

Where any action includes claims that are arbitrable and claims that are not, the entire action shall be stayed, absent a showing of prejudice to the complaining party, pending the completion of the arbitration of the arbitrable issues. You or Go Proxima can request the stay be lifted upon a showing of prejudice.

Your arbitration fees and your share of arbitrator compensation shall be governed by the JAMS Comprehensive Arbitration Rules and Procedures. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law. The decision of the arbitrator shall be final and binding on you and Go Proxima, and any award of the arbitrator may be entered in any court of competent jurisdiction.

THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

CLASS AND COLLECTIVE ACTION WAIVER.

You and Go Proxima agree that any arbitration or court proceeding shall be limited to the Dispute between Go Proxima and you individually. YOU ACKNOWLEDGE AND AGREE THAT:

A CLAIM BY, OR ON BEHALF OF, OTHER PERSONS, WILL NOT BE CONSIDERED IN, JOINED WITH, OR CONSOLIDATED WITH, THE ARBITRATION PROCEEDINGS OR ANY COURT PROCEEDINGS BETWEEN YOU AND GO PROXIMA;

THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED, ADJUDICATED, OR RESOLVED THROUGH COURT PROCEEDINGS ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES;

AND YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS FOR ANY DISPUTE SUBJECT TO ARBITRATION OR ANY DISPUTE BROUGHT IN COURT.

Any Dispute regarding the prohibitions in the prior sections shall be resolved by the arbitrator in accordance with this Agreement. If, for any reason, this class or collective action waiver is deemed unenforceable by a court or arbitrator, you agree that the parties’ contract to arbitrate is then void, and any ongoing or future Dispute will be submitted to a court of competent jurisdiction within the County of San Mateo, State of California, United States of America, to the exclusion of arbitration. Any Dispute at that time in arbitration will be dismissed without prejudice and refiled in a court. Under no circumstances do you or Go Proxima agree to class or collective procedures in arbitration or court proceedings or the joinder of claims in arbitration or court proceedings.

EXCEPTIONS TO NEGOTIATIONS AND ARBITRATION.

You and Go Proxima agree that the following Disputes are not subject to the above provisions concerning negotiations and binding arbitration: any Dispute seeking to enforce or protect, or concerning the validity of, any of Go Proxima’s intellectual property rights; any Dispute related to, or arising from, claims that the other party has committed piracy, or tortious interference; and any claim within the jurisdictional limits of the small claims courts.

LOCATION OF ARBITRATION.

Any arbitration shall be initiated in the County of San Mateo, State of California, United States of America. Any Dispute not subject to arbitration shall be decided by a court of competent jurisdiction within the County of Santa Clara, State of California, United States of America, and you and Go Proxima agree to submit to the personal jurisdiction of that court.

GOVERNING LAW.

Except as expressly provided otherwise, all Disputes shall be governed by and construed under the laws of California, without regard to choice of law principles.

SEVERABILITY.

You and Go Proxima agree that if any portion of this Agreement is found illegal or unenforceable, such portion shall be severed and the remainder of this Agreement shall be given full force and effect. Any Dispute subject to any such portion of this Agreement shall be decided by the arbitrator.

RULES OF CONSTRUCTION.

A court shall construe the agreement to arbitrate and the agreement to waive class or collective actions in any manner that will render them enforceable and give them effect.

REJECTION OF THIS AGREEMENT.

If you desire to reject this Agreement, do not complete the registration for the service. Completion of the registration process shall indicate your acceptance of this Agreement.




FEES and Dispute Policy for Service Provider

In connection with use of Go Proxima Inc.’s (“Go Proxima”) EezyBee Platform, Go Proxima charges certain Fees for the services provided by the Service Providers on the platform. Details of such fees for Service Provider’s services will be provided to you before you use such services. All EezyBee service seekers are automatically charged every Sunday for the services that were completed for the week.

PAYMENT COLLECTION.

Go Proxima serves as a limited payment collection agent of a Service Provider and is authorized to collect payment from Service Seekers on behalf of a Service Provider. Payment made by a Service Seekers to Go Proxima in connection with Services shall be considered the same as a payment made directly to a Service Provider. As a Service Provider, you hereby appoint Go Proxima as your limited payment collection agent solely for the purpose of accepting payment from Service Seekers in connection with services you provide. Go Proxima is not obligated to collect payment on your behalf from the Service Seeker. You agree that payment made to Go Proxima shall be considered the same as a payment made directly to you. You further understand that, as a limited payment collection agent for its Service Providers, Go Proxima’s obligation to you, as the Service Provider, is subject to and conditional upon successful receipt of payment from Service Seekers. In accepting appointment as your limited payment collection agent, Go Proxima assumes no liability for your acts or omissions in your capacity as the Service Provider.

TAXES.

You understand and agree that you are solely responsible for determining your own tax reporting and sales tax collection requirements in consultation with tax advisers, and that Go Proxima cannot and do not offer specific tax advice to either Service Providers or Service Seekers. All sales on Go Proxima are final and non-refundable, except as otherwise specified herein.

USER DISPUTES.

Go Proxima values our Service Providers and Service Seekers who use the EezyBee platform, and we understand that every once in a while disputes may arise between or among them. Our goal is to help users resolve such disputes independently. You have the right to use the self service dispute resolution platform to resolve disputes between you and the service seeker. You are allowed to create a dispute instance against a service seeker on the platform to start the process of dispute resolution within 3 days after your receive a payment from the service seeker. You have the option to describe the dispute and provide additional documentation to aid the dispute resolution process. You have the right to report/flag any dispute. Go Proxima has a right to give you a dispute report for a dispute after reviewing the dispute. If you have five (5) dispute reports, Go Proxima has the right to freeze your account. When the account is frozen, the seeker will no longer be able to do the following: hire service providers on EezyBee, post wanted services on EezyBee, or request posted services from EezyBee Service Providers. You can unfreeze your account by resolving your disputes until you have less than five (5) dispute reports. You can resolve your dispute by resolving via payment or by cancelling the dispute.

In the rare event a dispute initiated by either a Service Provider or a Service Seekers cannot be resolved independently, you agree, at Go Proxima's request, to participate with good faith, to the extent you are reasonably able to do so, in a neutral resolution, mediation, or arbitration process conducted by Go Proxima or a neutral third-party mediator or arbitrator selected by Go Proxima. Go Proxima uses JAMS as the preferred arbitrator. Notwithstanding the foregoing, you acknowledge and agree that Go Proxima is under no obligation to become involved in or impose resolution in any dispute between or among users or any third party. Once the dispute has been resolved between the Service Provider and the Service Seeker, Go Proxima will abide by the resolution, and if necessary, will provide refunds to the Service Seeker if the resolution decides this.

BINDING ARBITRATION.

For disputes between you and Go Proxima, if a Dispute cannot be resolved through negotiations, either you or Go Proxima may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. You should review this provision carefully. This arbitration provision limits your and Go Proxima’s ability to litigate claims in court and you and Go Proxima each agree to waive your respective rights to a jury trial.

The arbitration shall be commenced and conducted by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures, which are available at the JAMS website (http://www.jamsadr.com/). This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the “FAA”) shall apply to the construction, interpretation, and enforceability of this Agreement notwithstanding any other choice of law provision contained in this Agreement.

If, for any reason, JAMS is unable to provide the arbitration, you may file your Dispute with any national arbitration company under the Commercial Arbitration Rules of the American Arbitration Association.

The arbitrator shall determine the scope and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration. The arbitrator has authority to decide all issues of arbitrability, including where a party raises as a defense to arbitration that the claims in question are subject to one or more Exceptions to Negotiations and Arbitration.

Where any action includes claims that are arbitrable and claims that are not, the entire action shall be stayed, absent a showing of prejudice to the complaining party, pending the completion of the arbitration of the arbitrable issues. You or Go Proxima can request the stay be lifted upon a showing of prejudice.

Your arbitration fees and your share of arbitrator compensation shall be governed by the JAMS Comprehensive Arbitration Rules and Procedures. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law. The decision of the arbitrator shall be final and binding on you and Go Proxima, and any award of the arbitrator may be entered in any court of competent jurisdiction.

THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

CLASS AND COLLECTIVE ACTION WAIVER.

You and Go Proxima agree that any arbitration or court proceeding shall be limited to the Dispute between Go Proxima and you individually. YOU ACKNOWLEDGE AND AGREE THAT:

A CLAIM BY, OR ON BEHALF OF, OTHER PERSONS, WILL NOT BE CONSIDERED IN, JOINED WITH, OR CONSOLIDATED WITH, THE ARBITRATION PROCEEDINGS OR ANY COURT PROCEEDINGS BETWEEN YOU AND GO PROXIMA;

THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED, ADJUDICATED, OR RESOLVED THROUGH COURT PROCEEDINGS ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES;

AND YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS FOR ANY DISPUTE SUBJECT TO ARBITRATION OR ANY DISPUTE BROUGHT IN COURT.

Any Dispute regarding the prohibitions in the prior sections shall be resolved by the arbitrator in accordance with this Agreement. If, for any reason, this class or collective action waiver is deemed unenforceable by a court or arbitrator, you agree that the parties’ contract to arbitrate is then void, and any ongoing or future Dispute will be submitted to a court of competent jurisdiction within the County of San Mateo, State of California, United States of America, to the exclusion of arbitration. Any Dispute at that time in arbitration will be dismissed without prejudice and refiled in a court. Under no circumstances do you or Go Proxima agree to class or collective procedures in arbitration or court proceedings or the joinder of claims in arbitration or court proceedings.

1.2 NOTICE CONCERNING CHILDREN.

EXCEPTIONS TO NEGOTIATIONS AND ARBITRATION.

You and Go Proxima agree that the following Disputes are not subject to the above provisions concerning negotiations and binding arbitration: any Dispute seeking to enforce or protect, or concerning the validity of, any of Go Proxima’s intellectual property rights; any Dispute related to, or arising from, claims that the other party has committed piracy, or tortious interference; and any claim within the jurisdictional limits of the small claims courts.

LOCATION OF ARBITRATION.

Any arbitration shall be initiated in the County of San Mateo, State of California, United States of America. Any Dispute not subject to arbitration shall be decided by a court of competent jurisdiction within the County of Santa Clara, State of California, United States of America, and you and Go Proxima agree to submit to the personal jurisdiction of that court.

GOVERNING LAW.

Except as expressly provided otherwise, all Disputes shall be governed by and construed under the laws California, without regard to choice of law principles.

SEVERABILITY.

You and Go Proxima agree that if any portion of this Agreement is found illegal or unenforceable, such portion shall be severed and the remainder of this Agreement shall be given full force and effect. Any Dispute subject to any such portion of this Agreement shall be decided by the arbitrator.

RULES OF CONSTRUCTION.

A court shall construe the agreement to arbitrate and the agreement to waive class or collective actions in any manner that will render them enforceable and give them effect.

REJECTION OF THIS AGREEMENT.

If you desire to reject this Agreement, do not complete the registration for the service. Completion of the registration process shall indicate your acceptance of this Agreement.