Filing a complaint is not requesting ARBITRATION automatically. Complaints can be investigated by GOOGABOX without ARBITRATION. GOOGABOX may also act upon a complaint against or for any party without arbitration. If any party is dissatisfied with any action taken by GOOGABOX, it may submit a response and/ or request ARBITRATION. GOOGABOX may recommend arbitration. If arbitration is not requested OR a response does not sway the decision of GOOGABOX on the complaint filed, the decision will stand.
Arbitration occurs when a dispute between a buyer and seller arises. Both seller and buyer MUST agree to Arbitration and at least one of the parties must REQUEST the arbitration in writing for GOOGABOX to consider it. GOOGABOX, however encourages all parties to make a diligent attempt to resolve the dispute amongst themselves. Courtesy and professionalism is encouraged when a dispute arises, as GOOGABOX resolve disputes only in an orderly manner. Once a resolve has been reached between parties themselves they are encouraged to leave a good review because they were willing to settle the issue.
If an issue was settled and one or both parties still left negative feedback GOOGABOX may be contacted and a complaint may be filed. GOOGABOX would then look at the case and use it's discretion to allow for a negative feedback to be erased.
Things to consider when requesting ARBITRATION
1. The decision of GOOGABOX is FINAL, and MUST be accepted by all parties involved.
2. A decision may or may not be in your favor.
3. A decision is not appealable and no further correspondence from either party will be considered by GOOGABOX.
4. You agree to waive any right to a civil proceeding in a Court Of Law BEFORE Arbitration is granted.
5. GOOGABOX will only consider Arbitration within sixty days after the incident occurred, or within thirty days after a LAWSUIT was filed with a civil Court. Proof of the lawsuit filing MUST be submitted. GOOGABOX even in these circumstances is under NO obligation to accept the role of Arbitration.
6. In the event that GOOGABOX accepts Arbitration AFTER a lawsuit was filed by any party, all parties must agree to first TERMINATE the lawsuit before GOOGABOX will commence Arbitration, AND agree to waive the right to any further lawsuits on the particular case in question. From the date of parties notified as to the Arbitration accepted by GOOGABOX! any lawsuits filed must be terminated within 30 days. If not, GOOGABOX! will terminate Arbitration acceptance and not consider again. GOOGABOX may still take action against a party it feels has violated it's Terms & Conditions..
7. GOOGABOX may HALT Arbitration proceedings if it is felt that parties are not being co-operative in providing necessary materials/ articles needed to determine resolve or for any reason for that matter at the sole discretion of GOOGABOX. Reasons may not always be given to denial of Arbitration. Even denying Arbitration GOOGABOX may STILL take action against a party it feels has violated it's Terms & Conditions..
8. Parties have three business days to request a RE-CONSIDERATION by GOOGABOX to continue or start Arbitration after GOOGABOX has denied Arbitration requests or halted a proceeding.
9. ALL Parties are required to submit a DETAILED BRIEF explaining the circumstances of the dispute and who is believed to be at fault, as well as type of relief sought.
10. GOOGABOX will remain a NEUTRAL body throughout the Arbitration process and will NEVER take sides. GOOGABOX base it's Arbitration decisions on various elements and strives to reach a FAIR resolve. GOOGABOX may not always be correct in it's arbitration decisions however base it's decisions totally on the case elements presented by BOTH parties. GOOGABOX will NEVER base it's decision on any personal favoritism of any one of the parties,. however GOOGABOX may utilize elements such as credibility and longevity of a party as a member "in good standing" as well as the amount and nature of complaints against any party if necessary. GOOGABOX will consider ALL elements surrounding a dispute to reach a decision.
11. GOOGABOX will not testify on behalf of any party, nor provide any written dialogue material by any party even upon subpoena, should a civil lawsuit be filed by any party, (In general Arbitrators are exempted from testimony regarding case elements presented by parties during Arbitration proceedings).
12. All parties will sign a WAIVER and AGREEMENTS agreeing to these terms among things prior to GOOGABOX accepting the role of arbitration.
13. To accept Arbitration duties is the sole discretion of GOOGABOX proprietors and GOOGABOX may refuse Arbitration based on the case elements and / or parties involved as well as "case load". In such instances GOOGABOX may recommend a 3rd party Arbitrator or parties have the option to consult with an attorney to determine credibility for a civil proceeding. Parties ALWAYS have the right to consult with an attorney BEFORE requesting or AGREEING to Arbitration.
14. Decisions may or may not include any or a combination of the following:
(a). Suspension of accounts temporarily or permanently/ indefinitely.
(b). Restrictions on account/s. (Parties found to be at fault have the option to pay a bond instead of a suspension or restriction). A bond would be returned after a certain period of time if no additional complaints are filed against the suspended/ restricted party during this time. Bond amounts and time periods of a Bond are determent at the sole discretion of GOOGABOX!. A bond amount paid can be forfeited depending on the circumstances and outcome of any new dispute that arises during the "Bond Period" and will constitute a FINE payable.
(c) Parties may be ordered to pay restitution, or refunds solely or in addition to a bond.
NOTE: Once an ARBITRATION order is submitted, it would be enforceable by LAW. A prevailing party may file a civil suit when a compensatory party fails to compensate and may present the Arbitration agreement to the Court. Such agreement would most always prevail in Court. ALL Arbitration agreements come with "contract" that should a civil suit arise out of no-adhering, and the plaintiff sustains the complaint, the plaintiff would be entitled to ALL legal fees and punitive damages.
1. GOOGABOX may use a 3rd party to conduct Arbitration on it's behalf, in which case all parties will be notified and be given the opportunity to accept or not. 3rd parties will require a fee to conduct arbitration and parties will be notified to such fees and be given the opportunity to accept or not. GOOGABOX! does not charge fees for amounts disputed UNDER five thousand dollars. Arbitration fees charged by GOOGABOX for amounts disputed OVER five thousand dollars is $150.00 per party.
1.These terms may change at any time.
2. Sellers or buyers may at all times submit a complaint against any member and not necessarily request Arbitration. In such cases GOOGABOX! will investigate such complaints and take action at it's own discretion. Do realize that the party you are complaining about will submit it's own explanation of the situation and GOOGABOX will base it's own discretional actions on explanations submitted by both sides. Such actions will be absent of any "Arbitration documented agreements" and will be final. Such decisions will not include any orders of compensatory nature or refunds.
3. GOOGABOX! wishes nothing more than for all members to be respectful, honest and present integrity in their transactions. GOOGABOX! will do it's utmost to be FAIR and runs a "tight ship" in order to protect it's members that have the aforementioned attributes honesty and integrity.
Any questions? email us at: firstname.lastname@example.org
The GOOGABOX! GANG.