We in Tounca LLC hope that every project you work on through the Tounca Marketplace Platform goes without issue, but we understand that sometimes things happen. If a project or engagement you take does not meet your expectations, you can share your feedback by rating your Expert and Client or Us on the Tounca Marketplace Platform; and if you believe there was serious issue occurred on your project or engagement, you can report it to our Customer Service team. All reports will be evaluated at Tounca's sole discretion, and on a case-by-case basis.
These terms and conditions govern Tounca’s policy for Cancellation and Refunds (“Cancellation and Refund Policy”) and the obligations of the Expert, Client, or Us, associated with the Cancellation and Refund Policy. The Cancellation and Refund Policy applies in addition to Tounca’s Terms and Conditions (“Terms”). When these Policy mention “Tounca”, “we,” “us,” or “our,” it refers to the Tounca LLC. If you see an undefined term in this Policy, it has the same definition as in the Terms and Conditions. The Cancellation and Refund Policy is available to (i) Us unlimited; (ii) Clients who order and pay minimum one Security Deposit for a services through the Tounca Marketplace Platform and suffer a Project Issue or Service Issue (as defined below); or (iii) for Experts who got confirmed engagement through the Tounca Marketplace Platform and suffer a cancelation of its engagement from Client side.
All capitalized terms shall have the meaning set forth in the Terms or other related terms or policies unless otherwise defined in this Cancellation and Refund Policy.
By using the Tounca Marketplace Platform as an Expert or Client, you are indicating that you have read and that you understand and agree to be bound by this Cancellation and Refund Policy.
A “Project Issue” means any one of the following except for the events mentioned in a Section What events are covered in Extenuating Circumstances Policy:
(a) One or more engaged Experts on a project (i) cancel project services shortly before the scheduled start of the project, or (ii) fail to provide the Client contracted services on a time or to answer in reasonable time.
(b) Offered service or information about experience or knowledge are materially inaccurate with respect to: (i) Expert’s knowledge related to the accepted task or phase or whole project is not as expected, (ii) Expert(s) don’t speak language on the level required by the Client, (iii) Expert didn’t show documentation mentioned he/she will provide before contract is made, or (iv) the physical location of the Expert is not as required by the Client.
(c) At the start of the project phase, or the contract: (i) necessary documentation or environment(s) are not ready; (ii) Expert doesn’t show understanding of requirements, or (iii) Expert cannot finish required tasks by the contract.
(d) During the Project, Expert provides an error, mistake, defect, fault, or other issue in the code during customization, development, or other programming process, which may cause failure or deviation from expected results in a software and cannot fix it.
(a) Client (i) cancels a project shortly before the scheduled start of the project, or (ii) fail to pay security deposit for the next project phase in a ten (10) business days after confirmation of the previous phase.
(b) Contracted information about project or Client are materially inaccurate with respect to: (i) Client representatives don’t speak language entered in contract as a project language on a required level, (ii) Client didn’t provide documentation and other information necessary for working on the project, or (iii) the physical location of the Client is different from the contracted one if applicable.
(c) Client wants to extend the project with non-reasonable and not-possible requirement and making the conditions for the other tasks confirmations with accepting this extending.
A “Service Issue” means any one of the following except for the events mentioned in a Section What events are covered in Extenuating Circumstances Policy:
(a) Engaged Expert cancel service shortly before the scheduled start of the service providing, or (ii) fail to provide the Client contracted services on a time or to answer in reasonable time.
(b) Offered service or information about experience or knowledge are materially inaccurate with respect to: (i) Expert’s knowledge related to the accepted engagement is not as expected, (ii) Expert doesn’t speak language on the level required by the Client, or (iii) the physical location of the Expert is not as required by the Client.
(c) At the start of the contract: (i) Expert doesn’t show understanding of requirements, or (ii) Expert cannot finish required service or tasks by the contract.
(d) During the service engagement, Expert provides an error, mistake, defect, fault, or other issue in the code during customization, development, or other programming process, which may cause failure or deviation from expected results in a software and cannot fix it.
(a) Client (i) cancels an ordered service shortly before the scheduled start of the service providing, or (ii) fail to pay security deposit for the next period if this is outsourcing service in specific time frames (e.g., monthly, yearly…) in a three (3) business days before continuation of the next period.
(b) Contracted information about service or Client are materially inaccurate with respect to: (i) Client representatives don’t speak language entered in contract as a service language on a required level, (ii) Client didn’t provide documentation and other information necessary for working on the service, or (iii) the physical location of the Client is different from the contracted one if applicable.
(c) Client requires service or task against the United States law or other local laws related with the residency of the Client or Expert.
If you are a Client and suffer a Project or Service Issue you should report it immediately. When/If we confirm its validity, you are covered by this policy with possibility to get another Expert(s) engaged or to be refunded. Tounca shall decide whether an issue reported by a Client qualifies as a Project or Service Issue, whether to get another Expert(s) engaged or to be refunded. This policy guarantees one of the following:
Mediate between Client and subcontracted Expert. If we cannot fully accept your report, we will try to reconcile both sides, keeping in mind that changing team members will produce postponing of the project. If both sides accept our mediation and accept finally agreed resolution of the Project or Service Issue, we will take this issue as solved and after rescheduling the project, continue with project’s activities. If mediation doesn’t provide positive result, we can continue with choosing one of the options, whether to get another Expert(s) or to be refunded.
You can get another Expert(s) engaged. When your reported Project or Service Issue is confirmed from our side, we agree, at our discretion, to use our reasonable efforts to find and engage new Expert(s) as subcontractor(s) for your project, with services and prices which are reasonably comparable to or better than the previously contracted (i) if project still didn’t start, you can ask for changing only one Expert you are not satisfy with, more of them, or completely project team; or (ii) if project already started, you can ask to change only Expert(s) you are not satisfy with to avoid completely changing the team as this option will be the most time consuming.
You can require refund. When your reported Project or Service Issue is confirmed from our side, we agree, at our discretion, to reimburse you the amount paid by you through the Tounca Marketplace Platform as a Security Deposit, taking in the consideration Security Deposit Policy and Pricing and Fees Policy as well as Section 6.2. (a) Reimbursing may be related only with non-confirmed work (project phase or service). (b) If this is not related with the first phase, you can decide if you want to continue with the Project choosing new project team based on new proposals or stop with the project activities (in which case you can collect all documentation related with confirmed phases). (c) If you are reimbursed for the project phase or service, you are in obligation to give back to Us all documentation and deliverables (code, configured database, training documentation, user manuals, and similar) We or engaged Expert(s) made, and you accept the acknowledgment that you must not use in any way all these deliverables. If you by any case decide to continue to use any of these deliverables you accept without right of appeal to be charged with doubled amount of refunded Security Deposit. This fee is due immediately.
Tounca’s decisions under the Cancellation and Refund Policy are final and binding on Clients and Experts but do not affect other contractual or statutory rights you may have. Any right that you may have to initiate legal action remains unaffected.
If you are an Expert and suffer a Project or Service Issue you should report it immediately. When/If we confirm its validity, you are covered by this policy with possibility to be refunded. Tounca shall decide whether an issue reported by an Expert qualifies as a Project or Service Issue and whether to be refunded. This policy guarantees one of the following:
Mediate between Expert and Client. If we cannot fully accept your report, we will try to reconcile both sides, keeping in mind that anybody’s cancelling will produce the biggest negative impact to the project and reduce your personal income. If both sides accept our mediation and accept finally agreed resolution of the Project or Service Issue, we will take this issue as solved and after rescheduling the project, continue with project’s activities. If mediation doesn’t provide positive result, we can continue with refunding process if you qualify.
You can require refund. When your reported Project or Service Issue is confirmed from our side, we agree, at our discretion, to reimburse you the fee from the Client’s Security Deposit, taking in the consideration Security Deposit Policy, Pricing and Fees Policy and Section 6.2. Reimbursing may be related only with confirmed work at the moment of your report validation from Our side.
Tounca’s decisions under the Cancellation and Refund Policy are final and binding on Clients and Experts but do not affect other contractual or statutory rights you may have. Any right that you may have to initiate legal action remains unaffected.
To submit a valid claim for Project or Service Issue and receive the benefits with respect to your business engagement, you are required to meet each of the following conditions:
(a) you must be the Client that ordered a Project or Service;
(b) you must report Project or Service Issue to us in writing within three (3) business days of discovering the existence of Project or Service Issue, and you must provide us with information (including documents, emails, code, or other written or tangible evidence) about the circumstances of Project or Service Issue;
(c) you must respond to any requests by us for additional information or cooperation on Project or Service Issue within the time specified by Tounca;
(d) you must not have directly or indirectly caused Project or Service Issue (through your action, omission, or negligence);
(e) unless otherwise specified by Tounca advises you that the Project or Service Issue cannot be remediated, you must use reasonable efforts to try to remedy the circumstances of Project or Service Issue with the Expert or eventually with the mediation process provided by Tounca; and
(f) in order to receive a reimbursement of Total Fees from Security Deposit, you must agree to vacate the project or service. If you choose to continue with the project after that, you can do it only getting new proposals as a new project. Vacating the project or service, you must give back to Expert(s) all documentation and deliverables (code, configured database, training documentation, user manuals, and similar) We or engaged Expert(s) made, and you accept the acknowledgment that you must not use in any way all these deliverables. If you by any case decide to continue to use any of these deliverables you accept without right of appeal to be charged with doubled amount of refunded Security Deposit. This fee is due immediately.
(a) you must be the Expert that subcontracted to provide whole or part of Project or Service to the Client;
(b) you must report Project or Service Issue to us in writing within three (3) business days of discovering the existence of Project or Service Issue, and you must provide us with information (including documents, emails, code, or other written or tangible evidence) about the circumstances of Project or Service Issue;
(c) you must respond to any requests by us for additional information or cooperation on Project or Service Issue within the time specified by Tounca;
(d) you must not have directly or indirectly caused Project or Service Issue (through your action, omission, or negligence);
(e) unless otherwise specified by Tounca advises you that the Project or Service Issue cannot be remediated, you must use reasonable efforts to try to remedy the circumstances of Project or Service Issue with the Client or eventually with the mediation process provided by Tounca; and
(f) in order to receive a reimbursement of Fees from Client’s Security Deposit, you must agree to vacate the project or service.
5.1 If you are an Expert, you are responsible for ensuring that all information you provided on your profile adequately and accurately described, and do not present a Client with Project or Service Issues, as specified in these terms and in the Cancellation and Refund Policy. During a Client’s usage of Expert’s services, Expert(s) should be available for the engagement related communication, and in order to try, in good faith, to resolve any Project or Service Issues or other Client issues.
5.2 If you are an Expert, and if (i) Tounca determines that a Client has suffered a Project or Service Issue related to the service offered by you and (ii) Tounca either reimburses that Client (up to their Total Fees from Security Deposit) or provides an alternative Expert(s) to the Client, you agree to reimburse Tounca up to the amount paid by Tounca within 30 days of Tounca’s request. You also agree to reimburse Tounca for reasonable additional costs incurred to find new Expert to the Client. You authorize Tounca to collect any amounts owed to Tounca by reducing your Payout or as otherwise permitted pursuant to the Engagement and Payments Terms.
5.3 As an Expert, you understand that the rights of Clients under this Cancellation and Refund Policy will supersede your selected cancellation policy. If you dispute the Project or Service Issue, you may notify us in writing and provide us with information (including documents, emails, or other evidence) disputing the claims regarding the Project or Service Issue. In order to dispute a Project or Service Issue, you must use reasonable and good faith efforts to try to remedy any Project or Service Issue with the Client unless Tounca advises you that the Project or Service Issue cannot be remediated, or the Client has vacated the project or service.
(a) If the Expert cancels on a Client without such a valid reason, we may impose a cancellation fee and other consequences. The valid reason for cancellation on a Client may be (i) if an Expert didn’t get confirmation that the Client paid agreed security deposit regarding with an agreement; (ii) if the Client didn’t pay security deposit for the next phase of project ten (10) business days after confirmation of the previous phase or (iii) if the Client insist on non-reasonable extending project and making condition that other tasks will not be confirmed without accepting this extending. If: (i) a Client experiences a project or service issue (as defined under Sections 1 and 2), (ii) an Extenuating Circumstance arises, or (iii) a project is cancelled under Section 6.5 of Terms, the amount an Expert as a subcontractor is paid will be reduced by the amount we refund or otherwise provide to the Client, and by any other reasonable costs we incur because of the cancellation. If a Client receives a refund after subcontracted Expert has already been paid, or the amount of the refund and other costs incurred by Tounca exceeds Expert’s payout, Tounca may recover that amount from the Expert, including sending an invoice with a due date or by offsetting the refund against Expert’s future payouts. The Expert agrees that Tounca’s Cancellation and Refund Policy, Extenuating Circumstances Policy, and Terms preempt the cancellation policy Expert sets in situations where they allow for the cancellation and/or the issuance of refunds to Clients. If we reasonably expect to provide a refund to a Client under one of these policies, we may delay release of any payout for that reservation until a refund decision is made. See each Policy for details about what is covered, and what your payout will be in each situation.
(b) If the Client cancels on an Expert without such a valid reason, we may impose a cancellation fee and other consequences. The valid reason for cancellation on an Expert may be (i) if the Client experienced the Project or Service Issue with the Expert (as defined under Sections 1 and 2); or (ii) if subcontracted Expert didn’t acknowledge that started with the tasks in ten (10) business days after starting the project or phase or service.
Tounca can cancel contract related with Project or part of Project or Service with the Client or subcontracted Expert at any time, in its sole discretion if conditions defined under Sections 1 and 2 appears or if Client or Expert breach this Policy, Terms or any other Policy referred from Terms, without exposing to any additional fee or reimbursement. See each Policy for details about what is covered, and what your payout will be in each situation. Tounca is dedicated to providing successful projects to Clients and providing good opportunity for engagement to Experts, but if there is no other way to resolve a issue created from these situations, Tounca may behave in its sole discretion.
If reimbursement appear in our communication, these fees will be applicable related with the cancellation procedures:
EXPERT’S CANCELLATION | |||||
No valid reason from expert side |
Reimbursement to the Client: full security deposit reduced for fees |
No reimbursement to the Expert |
When? Before or during the first project phase or beginning of the service |
Expert: 2% of the first phase or of the service |
- |
When? Before or during the non-first project phase or during the service activity |
Expert: 4% of the current phase or of the service value |
- | |||
Valid reason from expert side |
Reimbursement to the Client: full security deposit reduced for confirmed tasks and applicable fees |
Reimbursement to the Expert: all confirmed tasks |
No fees for an Expert |
Client: 2% fees from full paid Security Deposit | |
CLIENTS’CANCELLATION | |||||
No valid reason from client side |
Reimbursement to the Client: full security deposit reduced for confirmed tasks and applicable fees |
When? Before or during the first project phase or beginning of the service |
Reimbursement to the Expert: 3% from the current Security Deposit (current phase) and 1% from the rest project total amount |
No fees for an Expert |
Client: 5% from the current Security Deposit (current phase) and 2% from the rest project total amount |
When? Before or during the non-first project phase or during the service activity |
Reimbursement to the Expert: 1% from the current and the rest of project total amount |
No fees for an Expert |
Client: 3% from the current Security Deposit (current phase) and 2% from the rest project total amount | ||
Valid reason from client side |
Reimbursement to the Client: full security deposit reduced for applicable fees |
No reimbursement to the Expert |
|
No fees for an Expert |
Client: 2% from the current Security Deposit |
We guarantee you reimbursement in a case of issues, but some cancellation fee exists. Cancellation fees for clients exist because we had an expenses in organization of project as well as bank provisions and in some cases, we need to pay experts for their scheduled time. And we hope nobody has a plan just to pay and get money back, and reimbursement is the last option as our first options are first mediation and continuation with the project or choosing new members of the project team and continuation with the project. On the other side cancellation fees for experts exists when they cancel project without valid reason as we will have additional costs to reorganize the project.
This Cancellation and Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Client, and the Client has not paid any premium in respect of the Cancellation and Refund Policy. The benefits provided under this Cancellation and Refund Policy are not assignable or transferable by you.
Tounca reserves the right to modify or terminate this Cancellation and Refund Policy, at any time, in its sole discretion. If Tounca modifies this Cancellation and Refund Policy, we will post the modification on the Tounca Marketplace Platform or provide you with notice of the modification and Tounca will continue to process all claims for Project Issues or Service Issue made prior to the effective date of the modification according to the then applicable policy.
This Cancellation and Refund Policy constitutes the entire and exclusive understanding and agreement between Tounca and you regarding the Cancellation and Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between Tounca and you regarding the Cancellation and Refund Policy.