ClipCall Inc. (“ClipCall”, or “we” or “us“) wants Customers to be fully satisfied with the work provided by the Service Providers with which they connect through our App. While we strive to create the best possible experience for all of our Users, unexpected things can and do sometimes happen. Accordingly, we support every Project with this ClipCall Project Success Plan (the “Plan“), so that, first, Customers can be confident they’re getting a high level of service at a great value; and second, Service Providers can be confident that claims with respect to the Projects they have performed are fairly heard. This document outlines the obligations, benefits and eligibility requirements of the Plan.
In addition to this Plan, please also review our Terms of Service located at http://www.clipcall.it/main/terms/ (“Terms”), along with such other of our policies we may notify you of from time to time. The Plan is subject to the Terms (including the arbitration agreement set out in the Terms and the recording of all interactions between Customers and Service Providers through the App).
All definitions of the Terms apply to this Plan unless stated otherwise herein.
Subject to this Plan, if a Customer is not reasonably satisfied with the Service Provider’s work quality on a completed Project, each of Service Provider and Customer agrees to actively work in good faith to resolve the dispute by communicating through the App. The initial discussions will be between the Customer and Service Provider, and will not involve ClipCall unless necessary. If the issue cannot be resolved by such discussions, either party may ask ClipCall to assist in resolving the dispute as set forth herein (any dispute referred to ClipCall for such assistance is a “Claim”). Notwithstanding anything to the contrary in the Plan or the Terms:
The maximum amount we will incur for any individual Project under the Plan, including any amounts we may pay a Customer for a Claim under the Plan, will not exceed the lesser of (i) the Service Fees for the relevant Project, or (ii) $10,000.
This Plan covers only (i) the work of a Service Provider Customer originally connected with through the App, and (ii) Projects that were paid for via the App. If Customer had done business with the Service Provider prior to using our App, the Plan will not apply.
We are not an agent of either Service Provider or Customer, and the Plan is neither an insurance policy nor a warranty of the Service Provider’s performance, but an element of the Services that we provide. Without limiting the foregoing, the Plan does not cover physical injury to any person or physical damage to Customer’s property caused by the action or inaction of the Service Provider. The Plan is simply a service that we offer for our users’ satisfaction.
2. Eligibility Requirements
To pursue a Claim, the Customer making the Claim (the “Claimant”) (i) must be and remain in full compliance with the Plan and the Terms, and (ii) neither Claimant nor any member of Claimant’s immediate family or household may be affiliated with ClipCall or the other party (i.e., the Service Provider or Customer, as applicable). In addition, Claims must meet all of the following requirements.
Reasonable Basis for Dissatisfaction. A Customer making a Claim must have a reasonable basis for dissatisfaction, such as poor quality of work by the Service Provider. Simply disliking the Service Provider or complaining about inappropriate but legal behavior is not a sufficient basis to support a Claim. In addition, although frustrating, difficulty in scheduling, late start times or Service Provider’s slow responsiveness are not considered a basis for dissatisfaction under the Plan, though these factors will affect the Service Provider’s rating within ClipCall. For any Claim related to the quality of the work done, the Plan is rendered void in any of the following circumstances:
In connection with the Project at issue, Customer elects to hire additional service provider(s) not through ClipCall;
Customer materially alters or modifies any parts, equipment, service or work provided by the Service Provider, except to the extent necessary to minimize damage to Customer’s premises; or
At the time of performance, Customer declined recommendations made by the Service Provider to address problems identified during the Project.
Complete Payment. The Plan only applies where Customer has paid all applicable Service Fees in full through the App. The Plan is void if Customer seeks to stop payment, or disputes or otherwise contests or refuses the related charge to Customer’s Payment Method.
Timely and Complete Claim Submission
Customers must submit a Claim in accordance with this Plan within thirty (30) days after the Project was (x) approved as completed by the Customer or (y) rejected by Customer upon Service Provider’s notice that the Project was completed in conformance with its requirements.
Service Providers may initiate a Claim when a Customer refuses to approve payment for a Project that a Service Provider has completed in accordance with the Booking. In such case, the Service Provider must submit the Claim within thirty (30) days of the date the Project was completed.
All information provided during the Claim process by each party must be accurate and complete.
Communication. All communication between Customer and the Service Provider related to the Project that is the subject of the Claim was made within the App.
3. Filing a Claim
Filing a Claim; Discussions between Customer and Service Provider.
If you wish to file a Claim, email us at email@example.com and we will facilitate a Claim discussion between you and the Service Provider. We will share your Claim and all the information you provide us with the applicable Service Provider. You should be prepared to have a detailed discussion with the Service Provider with respect to the reasons for your dissatisfaction and to provide all relevant information or documentation (including photos) through the App to help us and Service Provider assess and discuss your Claim. You represent and warrant that all information included on your Claim form or otherwise provided to the Service Provider (and us) and all documentation you submit relating to your Claim will be complete and accurate. As a condition of our providing the Services, you agree to work reasonably to resolve any Claim in which you are involved. We may terminate the Account of any user that we deem, in our sole discretion, to have abused the Claim process, including by providing incomplete or inaccurate information.
If you reach agreement on an issue prior to either party filing a Claim with ClipCall, each of Customer and Service Provider should confirm that resolution (including, if applicable, the suggested refund amount) to us through the App. In this situation, we generally will process the resolution, subject to the other provisions of the Plan and the Terms.
If you are unable to resolve an issue yourselves after a reasonable period, either Customer or Service Provider may initiate a Claim by requesting ClipCall’s participation in the discussion. ClipCall will review the data and communication related to the Project and Claim discussions recorded within the App and will arrange a three-way discussion. We will determine, in our sole discretion, based on such discussion and the record of the Project and Claim communications preserved in the App, whether and to what extent the Claim should be honored and the appropriate refund, if any. Service Provider and Customer consent to our acting as the arbiter of Claims as set forth in this Plan.
Validation of Claim. We take our role as the arbiter of Claims seriously and may request additional information from either party relating to a Claim (even if Customer and Service Provider have agreed on a resolution). Your rights under the Plan will be subject to providing us with all requested information. We reserve the right to determine in our sole discretion whether and to what extent a Claim is valid.
Resolution of Claim
If we accept a Claim, we may elect to pay the agreed-upon resolution amount, not to exceed the Services Fees you actually paid with respect to the relevant Project (and in any event, the maximum amount we will incur with respect to any Claim under this Plan—inclusive of amounts we pay in reimbursement of Services Fees, and to alternate Service Providers—will not exceed $10,000 in the aggregate). Prior to reimbursing any Service Fees, we may first attempt to remedy the Claim (at our expense), by referring up to two (2) new Service Providers to the Customer. Customer agrees to cooperate with such efforts, including by providing access to the service site/premises, meeting with the Service Providers referred by us to correct the identified problem(s), and providing complete and accurate information about the Project, the Claim, and your attempts to resolve it.
If Customer fixes or repairs (or hires another Service Provider not referred by us (as described above) to fix or repair) any problem described in the Claim, the Claim will be disqualified and Customer will be ineligible to receive any payment from us for that Claim, unless such fix or repair was necessitated by exigent circumstances (such as loss of electricity or water, or ongoing damage or unsafe conditions created by the event giving rise to the Claim), as determined by us in our sole discretion.
We will make payments, if applicable, by paying the Service Provider directly to remedy the problem or by issuing a refund to you from the payment source on file with your Account, subject to the limitations above. We will use reasonable commercial efforts to process such payments within thirty (30) calendar days after our notice to you of final resolution of the Claim.
Changes to the Plan. We may change the Plan at any time. We will notify you of changes by posting the revised Plan on our website and in the ClipCall App. Revised Plan terms will be effective when posted. However, the Plan in effect on the date of your most recent Project will apply to any Claim made with respect to such Project.
Termination. We may terminate this Plan, in whole or in part, at any time for any reason in our sole discretion. Such termination will not affect the availability of the Plan for any Projects underway prior to such termination, but will be effective for any Project initiated following the date the Plan was terminated.
Interpretation. This Plan is subject to all standard provisions of the Terms, including those with respect to severability, choice of law, interpretation, etc.
Contact Us. If you have any questions about the Plan, you may email us at firstname.lastname@example.org, or write to us at 440 N Wolfe Rd. Sunnyvale, CA 94085 USA.