Dispute Resolution Policy

This Dispute Resolution Policy (hereinafter referred to as "Policy") sets out the procedures and rules governing the resolution of disputes between Users of the Intemso platform, including the website at intemso.com, all associated subdomains, mobile applications, and any related services (collectively referred to as the "Platform"). This Policy supplements and forms part of the Terms of Service and is incorporated therein by reference.

This Policy is guided by the principles of fairness, transparency, and efficiency, and is informed by the Alternative Dispute Resolution Act, 2010 (Act 798) of the Republic of Ghana. Intemso's dispute resolution process is intended to provide a practical and accessible mechanism for resolving disputes without the need for formal court proceedings, whilst preserving each party's right to pursue legal remedies where appropriate.

1. Scope of This Policy

This Policy applies to disputes arising from or relating to Contracts formed through the Platform, including but not limited to disputes regarding:

• The quality, scope, or completeness of Deliverables submitted by a Student.
• The timeliness of work delivery or Milestone submissions.
• The accuracy of gig descriptions or Contract specifications.
• Non payment, delayed payment, or failure to fund Milestones by an Employer.
• Scope creep, meaning requests by an Employer for work beyond the originally agreed scope without corresponding additional compensation.
• Disagreements regarding Milestone approval or rejection.
• Allegations of fraud, misrepresentation, or breach of contract by either party.
• Intellectual property ownership disputes arising from a Contract.

This Policy does not apply to disputes between a User and Intemso itself regarding the Platform's policies, Account decisions, or enforcement actions. Such disputes are governed by Section 16 of the Terms of Service (Governing Law and Jurisdiction) and, where applicable, the appeals process described in Section 7 of the Acceptable Use Policy.

2. General Principles

The following principles shall guide the dispute resolution process:

• Good Faith: Both parties are expected to participate in the dispute resolution process in good faith, with a genuine intent to reach a fair resolution.
• Transparency: Both parties are expected to provide honest, accurate, and complete information and evidence during the dispute process. Withholding material information, submitting falsified evidence, or making knowingly false statements constitutes a violation of this Policy and the Acceptable Use Policy.
• Timeliness: Both parties are expected to respond to communications, requests for information, and deadlines in a timely manner. Failure to respond within the specified timeframes may result in a decision being made based on the available information.
• Confidentiality: The details of dispute proceedings, including evidence submitted and communications made during the process, shall be treated as confidential by both parties and by Intemso. Neither party may publicly disclose the details of a pending or resolved dispute except as required by law.
• Proportionality: The resolution sought and the remedies applied shall be proportionate to the nature and severity of the dispute.

3. Stage One: Direct Resolution

3.1 Requirement to Attempt Direct Resolution

Before escalating a dispute to Intemso, both parties are required to attempt to resolve the matter directly through good faith communication using the Platform's messaging system. The parties should clearly articulate their concerns, listen to the other party's perspective, and endeavour to reach a mutually acceptable solution.

3.2 Time Period for Direct Resolution

The direct resolution stage begins when either party formally raises a concern or disagreement through the Platform's messaging system and continues for a period of seven (7) calendar days (hereinafter referred to as the "Direct Resolution Period"). During the Direct Resolution Period, the parties should exchange messages, clarify misunderstandings, and propose solutions. If the parties reach a resolution during this period, both parties must confirm the resolution on the Platform, and the dispute will be recorded as resolved.

3.3 Escalation

If the parties are unable to resolve the dispute within the Direct Resolution Period, either party may escalate the dispute to Intemso's mediation team by selecting the "Escalate Dispute" option on the Contract or Milestone page. The escalation must include: (a) a clear and detailed description of the dispute; (b) the outcome or remedy sought by the escalating party; (c) all relevant evidence, including but not limited to Contract details, messages, files, screenshots, and Deliverables; and (d) a summary of the efforts made during the Direct Resolution Period.

4. Stage Two: Intemso Mediation

4.1 Mediation Process

Upon receiving an escalated dispute, Intemso's mediation team will: (a) acknowledge receipt of the dispute within two (2) business days; (b) notify the other party of the escalation and request their response and evidence within five (5) calendar days; (c) review all evidence and information submitted by both parties; (d) request additional information or clarification from either party if necessary; (e) conduct an impartial assessment of the dispute based on the Contract terms, Deliverables, communications, and the standards set out in these Terms and applicable policies; and (f) render a mediation decision within fourteen (14) calendar days of receiving the escalated dispute, or within such longer period as may reasonably be required for complex disputes, provided that the parties are notified of any extension.

4.2 Evidence Considered

In reaching a mediation decision, Intemso will consider the following types of evidence:

• The original gig posting, including the scope of work, requirements, and specifications.
• The Student's application, including any notes, representations, or timelines stated therein.
• The Contract terms as documented on the Platform, including Milestone descriptions and agreed Deliverables.
• Messages exchanged between the parties through the Platform's messaging system.
• Submitted Deliverables and work product.
• Screenshots, screen recordings, or other visual evidence.
• Any files, documents, or attachments shared through the Platform.
• The history of interactions between the parties, including prior Contracts and reviews.
• Any other evidence that Intemso, in its reasonable judgment, considers relevant.

Evidence not submitted through the Platform (such as communications on external messaging applications, social media, or in person) may be considered but will generally be given less weight than evidence generated on the Platform, due to the difficulty of verifying external evidence.

4.3 Mediation Outcomes

Following review, Intemso's mediation team may issue any of the following outcomes:

• Full Payment Release: The escrowed funds are released in full to the Student, less the applicable Service Fee. This outcome is appropriate where the submitted Deliverables substantially meet the Contract specifications.
• Full Refund: The escrowed funds are refunded in full to the Employer. This outcome is appropriate where the Student has failed to deliver any work, has abandoned the Contract, or has delivered work that fundamentally fails to meet the Contract specifications.
• Partial Payment and Partial Refund: The escrowed funds are divided between the Student (for work completed to a satisfactory standard) and the Employer (for the portion of work not completed or not meeting specifications). The specific split will be determined by Intemso based on the proportion of work satisfactorily completed.
• Revision Required: The Student is required to complete specific revisions within a defined timeframe (not exceeding fourteen (14) calendar days) before payment is released. If the Student fails to complete the required revisions within the specified timeframe, the Employer may be issued a refund.
• Mutual Cancellation: The Contract is cancelled with the escrowed funds returned to the Employer, with no negative impact on either party's reputation score. This outcome is appropriate where both parties agree that the Contract cannot be completed due to circumstances beyond either party's control.

4.4 Binding Nature of Mediation Decision

By using the Platform and entering into Contracts, both parties agree that Intemso's mediation decision shall be binding with respect to the disbursement or retention of escrowed funds held on the Platform. The mediation decision does not prevent either party from pursuing additional legal remedies before the courts of the Republic of Ghana, as described in Section 6 of this Policy. Intemso's mediation decision is limited to the funds held in escrow on the Platform and does not constitute a legal judgment or arbitral award under the laws of the Republic of Ghana.

5. Specific Dispute Scenarios

5.1 Quality Disputes

If an Employer claims that the Deliverables do not meet the agreed quality or specifications, Intemso will assess: (a) whether the Contract terms clearly specified the quality standards and requirements; (b) whether the Student's Deliverables substantially meet those specifications, taking into account industry standards and reasonable expectations; (c) whether the Employer provided sufficient instructions and responsive feedback during the performance of the Contract; and (d) whether the Student was given a reasonable opportunity to address any shortcomings through the revision process. If the specifications in the Contract are vague or ambiguous, the dispute may be resolved in favour of the Student, provided the Deliverables are of a reasonable professional standard.

5.2 Scope Creep Disputes

If a Student claims that the Employer has requested work beyond the originally agreed scope without offering additional compensation, Intemso will compare the original Contract specifications with the additional requests made by the Employer. If the additional requests are determined to constitute work beyond the agreed scope, the Employer may be required to fund an additional Milestone to cover the additional work, or the dispute may be resolved on the basis of the original scope.

5.3 Non Delivery Disputes

If an Employer claims that the Student has failed to deliver any work or has abandoned the Contract, Intemso will assess: (a) the activity and communication history on the Platform; (b) whether the Student provided any partial Deliverables; (c) whether there were any extenuating circumstances communicated by the Student; and (d) the overall timeline and responsiveness. If the Student has abandoned the Contract without delivering any work, the full escrowed amount will be refunded to the Employer, and the Student's Account may be subject to penalties including a reduction in Job Success Score.

5.4 Payment Disputes

If a Student claims that an Employer has failed to fund a Milestone as required, has rejected satisfactory work without justification, or has used the dispute process in bad faith to avoid payment, Intemso will review the Contract terms, the submitted Deliverables, and the Employer's stated reasons for rejection. If the Employer's rejection is determined to be unjustified, the escrowed funds may be released to the Student. If the Employer has failed to fund a required Milestone, the Student is not obligated to continue work until funding is confirmed.

5.5 Intellectual Property Disputes

Intellectual property disputes arising from Contracts are assessed in accordance with the Intellectual Property Policy, the Copyright Act, 2005 (Act 690), and the Contract terms. These disputes may involve claims of plagiarism, unauthorized use of third party materials, or disagreements regarding ownership of Deliverables. Intemso's mediation in intellectual property disputes is limited to determining the appropriate disbursement of escrowed funds and does not constitute a determination of intellectual property ownership under applicable law.

6. Escalation Beyond Intemso

6.1 Alternative Dispute Resolution

If either party is dissatisfied with the outcome of Intemso's mediation, they may pursue alternative dispute resolution (hereinafter referred to as "ADR") in accordance with the Alternative Dispute Resolution Act, 2010 (Act 798) of the Republic of Ghana. The parties may agree to submit the dispute to mediation or arbitration before a qualified mediator or arbitrator in Accra, Ghana. The costs of ADR shall be borne by the parties as agreed between them or as determined by the mediator or arbitrator.

6.2 Court Proceedings

Nothing in this Policy prevents either party from pursuing legal remedies before the courts of the Republic of Ghana. However, both parties agree that they will first exhaust the dispute resolution procedures set out in this Policy (Stages One and Two) before commencing court proceedings, except where urgent interim relief is required to prevent irreparable harm. The courts of the Republic of Ghana shall have exclusive jurisdiction over any disputes arising from or in connection with Contracts formed through the Platform.

7. Impact on User Reputation

The outcome of a dispute may affect the parties' reputation on the Platform as follows:

• Disputes resolved in favour of the Student (full payment release) will not negatively affect the Student's Job Success Score. However, the Employer's record may reflect the unjustified dispute.
• Disputes resolved in favour of the Employer (full refund) may reduce the Student's Job Success Score, depending on the circumstances and the severity of the failure.
• Disputes resolved through a split decision (partial payment) may have a moderate impact on the Student's Job Success Score.
• Mutual cancellations will have no negative impact on either party's reputation.
• Users who are found to have used the dispute process in bad faith, such as filing frivolous disputes to avoid payment or to coerce a Student into providing free work, may face additional penalties, including Account suspension.

8. Dispute Filing Limits

Disputes must be filed within thirty (30) calendar days of the event giving rise to the dispute. For Milestone based Contracts, the thirty (30) day period begins on the date the Milestone was submitted by the Student or the date the dispute first arose, whichever is later. Disputes filed after the thirty (30) day period may not be accepted by Intemso, except in exceptional circumstances where the filing party can demonstrate that the delay was justified.

9. Frivolous or Bad Faith Disputes

Intemso takes a serious view of disputes filed in bad faith. Users who are found to have filed frivolous disputes, used the dispute process as a tool for coercion or harassment, submitted falsified evidence, or made knowingly false statements during the dispute process may face the following consequences: (a) the dispute being dismissed with an outcome favourable to the other party; (b) a formal warning; (c) Account suspension or termination; (d) forfeiture of any associated funds; and (e) referral to law enforcement authorities where the conduct constitutes criminal behaviour.

10. Changes to This Policy

Intemso reserves the right to update or modify this Dispute Resolution Policy at any time. When we make material changes, we will provide reasonable notice to Users through the Platform. The updated Policy will specify the effective date. Changes to this Policy shall apply to disputes filed after the effective date and shall not retroactively affect disputes that are already in progress.

11. Contact Information

For questions or concerns regarding this Dispute Resolution Policy, please contact Intemso through the contact form available on the Platform or through any other official communication channel provided by Intemso.