Terms of Service for Filing a Claim to Payee
Last Updated: Nov 15, 2024
These Terms of Service ("Terms") govern the process by which individuals or entities ("Claimants") may file a claim for payment ("Claim") with TonyBrands.com/Tony Brands LLC ("Company," "we," "us," or "our") to resolve payment-related issues with a payee ("Payee"). By submitting a Claim, you agree to these Terms.
1. Acceptance of Terms
By filing a Claim through our platform or service, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any other policies referenced herein. If you do not agree to these Terms, you should not file a Claim.
2. Eligibility to File a Claim
To file a Claim, you must:
- Be at least 18 years of age or the legal age of majority in your jurisdiction.
- Have a valid membership and active payment on Tony Brands/TonyBrands.com.
- Be able to provide sufficient evidence and documentation supporting your Claim.
3. Types of Claims Allowed
Claims may be filed for the following payment-related issues:
- Non-payment for completed work or services rendered.
- Discrepancies between the agreed payment and the amount received.
- Unauthorized deductions or adjustments from a payment.
- Breach of terms related to a payment agreement.
4. Filing Process
- Submission: Claims must be submitted through the designated Claim filing process on our platform or via an authorized method, such as our Hubspot claim form.
- Required Information: Claimants must provide accurate and detailed information, including:
- Details of the payment dispute.
- Relevant agreements or contracts between the Payers and Claimant.
- Supporting evidence (e.g., invoices, correspondence, proof of work).
- Deadlines: Claims must be filed within [Specify Timeframe, e.g., "30 days"] of the disputed transaction or payment issue.
5. Claim Review and Resolution
- Review Process: Upon receiving your Claim, we will review the provided information and evidence. We may request additional details if necessary.
- Communication: We will facilitate communication between the Claimant and Payer to seek resolution.
- Resolution Options: Resolution may include, but is not limited to:
- Payment of the disputed amount to the Claimant.
- A negotiated settlement between the Claimant and Payer.
- Dismissal of the Claim if it lacks sufficient evidence or violates these Terms.
6. Company’s Role and Limitations
- Facilitation Role: Tony Brands acts as a neutral facilitator and does not guarantee the outcome of any Claim.
- No Legal Advice: Tony Brands does not provide legal advice or representation and recommends seeking independent legal counsel for complex disputes.
- Final Decisions: Our decision regarding the handling of a Claim is final and binding within the scope of these Terms.
7. Responsibilities of the Claimant
- Accurate Information: Claimant are responsible for providing truthful, accurate, and complete information when filing a Claim. Misrepresentation may result in dismissal of the Claim and potential account termination.
- Cooperation: Claimant agree to cooperate with the Claim review process, including providing additional evidence or responding to requests promptly.
8. Fees and Costs
- Filing Fees: Claimant is require to pay a $5 filing fees to cover transactions fee.
- Processing Costs: Claimants are responsible for any additional costs incurred during the resolution process, unless otherwise agreed.
9. Confidentiality
All information related to the Claim is confidential. Both parties agree not to disclose details of the dispute, evidence, or resolution outcomes to third parties without prior written consent, except as required by law.
10. Prohibited Activities
You may not:
- File false or fraudulent Claims.
- Harass or threaten the Claimant or other parties involved.
- Use the Claim process to engage in extortion, coercion, or any unlawful activity.
11. Termination and Suspension
We reserve the right to suspend or terminate your access to the Claim process if you violate these Terms or engage in prohibited activities.
12. Limitation of Liability
To the fullest extent permitted by law, Tony Brands LLC is not liable for any direct, indirect, incidental, or consequential damages arising from the Claim process, including delays, errors, or disputes.
13. Governing Law and Dispute Resolution
- Governing Law: These Terms are governed by the laws of North Carolina.
- Dispute Resolution: Any disputes arising from these Terms or the Claim process must be resolved through binding arbitration or the courts of North Carolina, as applicable.
14. Modifications to Terms
We reserve the right to modify these Terms at any time. Changes will be posted on our website and will become effective immediately. Continued use of the Claim process after such changes signifies your acceptance of the revised Terms.
By filing a Claim, you acknowledge that you have read, understood, and agree to these Terms of Service. Thank you for using our platform to address your payment-related concerns.