Overview
Opengates provides a structured dispute resolution process to resolve disagreements between Clients and Freelancers regarding payments, deliverables, or contract terms. This policy applies to all disputes arising from transactions conducted on the Platform.
Filing a Dispute
Either party (Client or Freelancer) may initiate a dispute through the Platform's dispute resolution system. Disputes must be filed within 90 calendar days of the event giving rise to the claim.
To file a dispute, the filing party must provide:
- The contract or transaction ID in question.
- A clear description of the issue.
- Supporting evidence (messages, files, screenshots, or other relevant documentation).
Users may file a maximum of 1 dispute per contract and 5 disputes per calendar month. Frivolous or abusive dispute filing may result in account suspension.
What Happens During a Dispute
When a dispute is filed:
- Funds are frozen: Any funds related to the disputed contract remain in escrow and cannot be released or withdrawn by either party until the dispute is resolved.
- Both parties are notified: The responding party will receive a notification and has 7 calendar days to submit their response and evidence.
- Evidence preservation: All messages, files, and transaction records related to the contract are preserved and cannot be deleted by either party during the dispute.
Resolution Process
Disputes are resolved through a three-step escalation process:
Step 1: Direct Resolution (Days 1–7)
Both parties are encouraged to communicate through the Platform and reach a mutual agreement. If both parties agree on a resolution (e.g., full release, partial refund, or cancellation), the resolution is executed immediately.
Step 2: Platform Review (Days 8–21)
If the parties cannot reach an agreement within 7 days, Opengates will assign a dispute reviewer to examine the case. The reviewer will:
- Review all evidence submitted by both parties.
- Examine the contract terms, deliverables, and communication history.
- Issue a determination within 14 calendar days of the case being escalated.
The reviewer's determination may include:
- Full release of payment to the Freelancer.
- Full refund to the Client (minus the 3% processing fee).
- Partial release/refund based on the percentage of work completed.
- Contract cancellation with no payout to either party (in cases of mutual fault).
Both parties will be notified of the determination in writing (email and in-app notification).
Step 3: Appeal and Arbitration (Days 22–60)
If either party disagrees with the Platform's determination, they may appeal within 7 days of receiving the decision. Appeals must include new evidence or a substantive reason why the original determination was incorrect.
If the appeal does not resolve the matter, either party may elect to proceed to binding arbitration under the Rules of the Nairobi Centre for International Arbitration (NCIA). The arbitration will be conducted in Nairobi, Kenya, in the English language. The arbitrator's decision is final and binding on both parties.
Arbitration costs are initially borne by the filing party. The arbitrator may allocate costs to the losing party in the final award.
Dispute Timelines Summary
| Stage | Timeline | Action |
|---|---|---|
| Filing deadline | Within 90 days of the event | Either party files dispute |
| Response period | 7 days from notification | Responding party submits evidence |
| Direct resolution | Days 1–7 | Parties negotiate directly |
| Platform review | Days 8–21 | Opengates reviewer issues determination |
| Appeal window | 7 days from determination | Either party appeals |
| Arbitration | Days 22–60 | NCIA arbitration (if elected) |
Interim Measures
During the dispute process, Opengates may take interim measures to protect both parties, including:
- Temporarily restricting account features for either party.
- Extending escrow hold periods.
- Requiring additional identity verification.
Conflicts of Interest
Opengates dispute reviewers are required to act impartially and in accordance with the evidence provided. If either party believes a reviewer has a conflict of interest, they may request reassignment by contacting support@opengates.app.
Limitations
Opengates' dispute resolution process is not a substitute for legal proceedings. Either party retains the right to pursue claims in the courts of Nairobi, Kenya, as outlined in the General Provisions section. However, parties agree to attempt resolution through this process before initiating court proceedings.
Opengates is not liable for the outcome of disputes between Clients and Freelancers. The Platform acts as a neutral facilitator and does not guarantee the quality, legality, or fitness of services provided by Freelancers.