PROHERO! REFUND POLICY, DISPUTES RESOLUTION OBLIGATIONS AND LIMITATION OF LIABILITY
As you are aware Hero Bureau, Inc. (HeroBureau!) is a marketplace that facilitates transactions between sellers of endorsement and branding services ("Talent") and purchasers of those services ("Customers"). HeroBureau! attempts to put certain safeguards in place to protect the interests of both Talent and Customers on its platform with a core focus on ensuring great customer experiences. PLEASE READ AND STORE THESE PAGES CAREFULLY AS YOU WERE REQUIRED TO READ AND AGREED TO BE BOUND BY THESE PROVISIONS WHEN YOU COMPLETED YOUR PURCHASE ON HEREOBUREAU!
This is an agreement and by using this website and/or HeroBureau! you are agreeing to be bound by its terms. Further you are agreeing to be bound by our Terms and Conditions available at www.ProHero.com
The following key rules and policies apply to all transactions that take place on the HeroBureau! platform:
CANCELLATIONS BY TALENT - UP TO 101% REFUND
If Talent cancels a service obligation with less than 14 days notice, through no action of yours, and you are unable to replace with other Talent on the HeroBureau! platform, you will Be entitled to a 101% refund. Of the refund 96% will be provided by HeroBureau! and 5% shall be owed to you by Talent. If Talent cancels by providing you with more than 14 days notice you may search for other Talent on the HeroBureau! platform. Otherwise you may elect to receive a full refund less a 3.5% payments processing charge.
48 HOUR RULE - REPORTING OF DISPUTES BY CUSTOMERS
All Customer disputes must first be brought to HeroBureau!'s attention through its online dispute management system within 48 hours of the date that any disputed services were contracted (i.e. the date services were performed or should have been performed). Payments will generally be released to talent after 48 hours of the contracted service date unless a dispute notification is prior received by HeroBureau!
30 DAY REFUND POLICY, 90 DAY EXCHANGE POLICY
No refunds shall be issued for disputes that are filed more than 30 days after the payment for services was made by a customer into the HeroBureau! platform. However, for up to 90 days, subject to other rules, payments made may be credited towards other purchases on the platform.
CANCELLATIONS BY CUSTOMER
If Customer cancels 14 calendar days prior to a requested service date a refund shall be issued to the Customer less a 10% administrative fee. Cancellations with less than 14 calendar days notice are non-refundable.
OTHER DISPUTES RESOLUTION
For items that fall outside of the scope of the Key Rules, the following Dispute Resolution process shall apply.
||File a payments dispute (i.e. dispute relating to non-receipt of payment by Talent or refund request by Customer) with HeroBureau! requesting (i) arbitration and (ii) an arbitration date when all parties can be involved in a phone call with HeroBureau! to try and resolve the issue. You should (iii) send as detailed a complaint as possible in PDF format (one PDF file only). You must provide the other party with a copy of such complaint 14 days prior to any requested arbitration teleconference date. You should also provide HeroBureau! and the other party with 5 potential dates that span at least a two week period for a conference call. The other party must select one of the five dates or respond with five alternative dates that are no more than one week later than the latest of the five dates provided by the Complaining Party. The parties shall thus select a time for a call. The call shall last no more than 2 hours in duration and HeroBureau! shall provide a conference number that the parties can use.
||Responding Party has 14 days from the date of receipt to provide a response to HeroBureau! and the Complaining Party. If Responding Party fails to respond within 14 days or to provide available dates for a conference call the Complaining Party's complaint shall be accepted as valid and a ruling of cash up to a limit of the amount paid or contracted by Customer shall be awarded to the Responding Party. In general HeroBureau! may rule against a party that does not follow the rules specified herein.
||For projects where a customer has paid $5,000 or less, $500 shall be paid to HeroBureau! prior to arbitration to be shared equally as a cost between the parties.Projects over $5,000 but less than $10,000. $1,000 to be shared equally as a cost between the parties.Projects of $10,000 or greater. $2,000 to be shared equally as a cost between the parties.
||HeroBureau! shall issue a decision typically within 14 days. If the parties accept the decision, the matter is resolved. Otherwise a party may proceed to file a non-binding arbitration request no later than 21 days after the decision of HeroBureau! has been sent to the parties.
Arbitration through the American Arbitration Association.
||For a non-payments dispute or if either Party does not accept the HeroBureau! ruling they may proceed to binding arbitration under the Auspices of the American Arbitration Association ("AAA") with arbitration to be conducted in New York City, New York State, United States Of America. The parties to arbitration, if they both agree, may select an alternative venue. All rulings of an arbitrator shall be considered binding on the parties.
||AAA rules apply
||AAA rules apply
||Binding resolution of AAA
LIMITATION OF LIABILITY, INSURANCE AND INDEMNITY
As a marketplace, the role of HeroBureau! is essentially that of a communication platform between parties. All parties must perform their own due diligence on each other and are responsible for insuring themselves against potential risks associated with entering into or performing any contract entered into through this platform. Customer and Talent agree to carry an amount of insurance sufficient to cover against potential counterpart risks. Counterpart risks may include physical injury, verification, performance failures, negligence, recklessness, security, loss and other risks. Further, from time to time, while HeroBureau! takes steps to ensure a high degree of availability of its platform, its platform might not always be available for use. Customer and Talent agree that HeroBureau! may not be held liable for any losses as a result of anything related to its technology platform or business including its web site at www.prohero.com
. Further they agree that the most they may attempt to seek from HeroBureau! in any case shall never exceed the amount of fees received by HeroBureau! (net of talent fees) with respect to any service it provided to Customer or Talent.
Each of Customer and Talent agree to hold harmless Hero Bureau, Inc. (including its officers, directors, employees, contractors, advisors and shareholders) from any liability for any reason whatsoever from anything to do with or arising out of their use of HeroBureau!
IN NO EVENT WILL HEROBUREAU! BE LIABLE TO CUSTOMER, TALENT OR ANY OTHER USER OF THIS PLATFORM FOR ANY LOST PROFITS, LOST SAVINGS OR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF ANY USE OR INABILITY TO USE ITS SERVICE, THE BREACH OF THIS AGREEMENT OR ANY OTHER MATTER IN CONNECTION WITH ITS SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALL DISPUTES ARISING OUT OF ANY USE OF THE PLATFORM OR IN CONNECTION WITH THE PLATFORM MAY ONLY BE RESOLVED BY BINDING ARBITRATION UNDER THE AUSPICES OF THE AMERICAN ARBITRATION ASSOCIATION, WITH SUCH ARBITRATION TO BE CONDUCTED IN NEW YORK CITY IN THE STATE OF NEW YORK, UNITED STATES OF AMERICA. A PARTY PURSUING A CLAIM AGAINST HEROBUREAU! IN VIOLATION OF THESE CONDITIONS AGREES TO BE RESPONSIBLE FOR ALL HEROBUREAU!'S LEGAL FEES AND EXPENSES IN CONNECTION WITH SUCH CLAIM AS WELL AS ANY LOSS OF EARNINGS AND PUNITIVE DAMAGES. FURTHER ANY PARTY THAT HAS OUTSTANDING LIABILITIES PURSUANT TO ANY FINANCIAL OBLIGATION IN CONNECTION WITH HEROBUREAU! SHALL BE RESPONSIBLE FOR ANY COLLECTION COSTS INCLUDING ATTORNEYS FEES RESULTING OUT OF HEROBUREAU!'S COLLECTION EFFORT.