Dispute Resolution Policy

1. OVERVIEW

At a glance

Most disputes move through four escalating steps — each explained in Section 3:

Direct Communication → Platform Support Review → Formal Mediation → Binding Arbitration

Response and resolution targets for every dispute type are summarized in Section 7. This policy supplements Section 12 of the Terms of Service; the full text below governs.

On this page

1. Overview
2. Types of Disputes Covered
3. Resolution Process
4. Payment Dispute Procedures
5. Service Quality Escalation
6. Review and Rating Disputes
7. Timeline Summary
8. Limitations and Exclusions
9. Documentation Requirements
10. Contact Information
11. Policy Updates

1.1 Purpose

This Dispute Resolution Policy establishes the procedures for addressing conflicts, complaints, and disputes that may arise between users of the bartendersNow™ platform. Our goal is to resolve issues fairly, efficiently, and with minimal disruption to all parties.

1.2 Scope

This Policy applies to disputes arising from:

• Services arranged through the bartendersNow™ platform
• Interactions between Hosts and Bartenders
• Payment and billing matters
• Reviews and ratings
• Platform policies and enforcement

1.3 Relationship to Terms of Service

This Policy supplements Section 12 of our Terms of Service, which establishes binding arbitration as the final resolution mechanism for disputes not resolved through the procedures outlined here.

1.4 Platform Role in Disputes

IMPORTANT: bartendersNow™ is a marketplace facilitator, not a party to agreements between Hosts and Bartenders. Our role in dispute resolution is to:

• Facilitate communication between parties
• Provide structured resolution procedures
• Make determinations on platform-related matters (reviews, account status, platform credits)
• Enforce platform policies fairly

We cannot adjudicate contractual disputes between Hosts and Bartenders or provide legal determinations.

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2. TYPES OF DISPUTES COVERED

2.1 Service Quality and Conduct

bartendersNow™ is a marketplace facilitator and is not liable for the quality of bartending services or if services differ from what a Bartender advertises. For general service quality dissatisfaction, the Host's recourse is to leave an honest rating and review.

The platform does accept reports of conduct violations and policy breaches, including:

• Professional conduct issues during service (e.g., harassment)
• Bartender no-shows or unapproved early departures
• Violations of platform policies or terms of service

Safety and Alcohol Service Incidents: Incidents involving safety threats, physical misconduct, service to minors, or over-service/service to visibly intoxicated persons are classified as Safety & Regulatory Matters, governed by Section 5.1 and our Alcohol Service Compliance Policy. These matters are handled separately from general customer service quality reviews.

2.2 Payment Disputes

Financial disagreements including:

• Billing discrepancies or errors
• Refund requests beyond standard policy
• Payout calculation concerns
• Additional charges or modifications
• Chargeback matters

2.3 Host-Bartender Conflicts

Interpersonal or coordination issues:

• Communication breakdowns
• Event coordination problems
• Post-event disagreements
• Breach of agreed terms

2.4 Review and Rating Disputes

Concerns about user-generated feedback:

• Alleged factual inaccuracies
• Retaliatory reviews
• Policy-violating content
• Missing or delayed reviews

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3. RESOLUTION PROCESS

Relationship to Terms of Service Arbitration. The informal steps outlined in Sections 3.1 through 3.3 are optional, good-faith operational mechanisms provided by the platform. They do not replace or modify the mandatory pre-arbitration requirement in Terms of Service §12.1, which requires serving a written Notice of Dispute to legal@bartendersnow.com and participating in a 30-day informal conference before any arbitration may be filed. In the event of any conflict between this Policy and Section 12 of the Terms of Service, Section 12 of the Terms of Service shall govern and control.

3.1 Step 1: Direct Communication (Required First Step)

Before contacting platform support, parties must attempt direct resolution:

1. Initiate contact: Message the other party through the platform within 7 days of the issue arising
2. Describe the issue: Clearly explain your concern and desired resolution
3. Allow response time: Provide 48 hours for the other party to respond
4. Negotiate in good faith: Work toward a mutually acceptable solution
5. Document everything: Keep records of all communications

Why this matters: Many disputes stem from miscommunication and can be resolved quickly through direct dialogue. Platform intervention is most effective when direct resolution has been attempted.

3.2 Step 2: Platform Support Review

If direct communication does not resolve the dispute within 7 days:

To submit a dispute:

1. Email disputes@bartendersnow.com with subject line: "Dispute - Booking ID - Brief Description"
2. Include:
   • Your account information
   • Booking details and date of service
   • Description of the issue
   • Evidence of direct communication attempts
   • Documentation supporting your position
   • Your desired resolution

Platform review process:

• Acknowledgment: Within 2 business days
• Initial review: Within 5 business days
• Additional information requests: We may contact both parties
• Determination: Written decision with explanation

Platform authority: We can authorize:

• Platform credits or refunds (within policy limits)
• Review modifications or removal
• Account status changes
• Policy clarifications

3.3 Step 3: Formal Mediation

For disputes not resolved through Platform Support Review:

When mediation is available:

• Disputes involving claims of $500 or more
• Complex issues requiring extended discussion
• Cases where both parties agree to mediation

Mediation process:

• Conducted by neutral platform representative
• Scheduled within 14 days of mediation request
• Conducted via video conference
• Non-binding unless parties reach written agreement
• Confidential proceedings

Request mediation: Email appeals@bartendersnow.com with "Mediation Request - Booking ID"

3.4 Step 4: Binding Arbitration

Disputes not resolved through previous steps may proceed to binding arbitration per our Terms of Service Section 12:

• Administrator: American Arbitration Association (AAA)
• Rules: AAA Consumer Arbitration Rules
• Location: For any claim initiated by a consumer (Host or Bartender), the hearing locale is determined under the AAA Consumer Arbitration Rules (Rule R-11/R-14) to be reasonably convenient to the consumer, generally in the county of the consumer's primary residence. For any claim initiated by bartendersNow™, the locale is Santa Clara County, California. Proceedings may occur by telephone, videoconference, or on documents by mutual agreement.
• Arbitration Fees: For non-frivolous consumer claims under $10,000, bartendersNow™ pays all AAA filing, administrative, and arbitrator fees, strictly as provided in Terms of Service §12.2. For claims of $10,000 or more, fee allocation is governed by the AAA Consumer Arbitration Rules.
• Decision: Final and binding, subject to limited judicial review

Preserved rights (not subject to arbitration):

• Small claims court matters (under applicable limits)
• Claims under California Private Attorneys General Act (PAGA)
• Claims for public injunctive relief
• Intellectual property claims

Governing Terms and Class Action Waiver: Binding arbitration under this Policy is governed strictly by Section 12 of the Terms of Service. Section 12 contains an express Class Action Waiver (§12.5) requiring all disputes to be arbitrated on an individual basis, as well as a Mass Arbitration Protocol (§12.3) governing batched filings. Please review Section 12 of the Terms of Service in full prior to initiating a dispute.

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4. PAYMENT DISPUTE PROCEDURES

4.1 Host Payment Disputes

Billing errors or overcharges:

1. Review your receipt and booking details
2. Contact support@bartendersnow.com within 30 days
3. Provide booking ID and description of discrepancy
4. We will investigate and respond within 5 business days

Refund requests:

• Refunds are governed by our Cancellation Policy
• Non-standard refund requests are evaluated case-by-case
• Submit requests to disputes@bartendersnow.com with supporting documentation

Chargebacks:

• Before initiating a bank chargeback, contact us at disputes@bartendersnow.com
• Chargebacks initiated without first contacting us may result in account suspension
• We will work with you to resolve legitimate concerns
• Fraudulent chargebacks will result in permanent account termination

4.2 Bartender Payout Disputes

Payout calculation concerns:

1. Review your payout summary and booking details
2. Verify completion of all post-service tasks
3. Contact support@bartendersnow.com with specific concerns
4. We will review and respond within 3 business days

Missing or delayed payouts:

• Verify all post-service tasks are complete
• Check your connected bank account status
• Contact support@bartendersnow.com if payout is delayed beyond 5 business days after task completion

Bartender Payment Guarantee: Per our Terms of Service, Hosts cannot dispute Bartender payments for completed services. If a Host disputes a payment for services you provided:

• You will be notified of the dispute
• Your payout remains protected pending investigation
• We will resolve the matter without impact to your earnings for legitimate completed services

4.3 Refund and Cancellation Disputes

Cancellation refunds follow our Cancellation Policy:

Cancellation is available only before your event's scheduled start time. After that, the booking cannot be cancelled; see Section 5.1 (During-Event Issues) and Section 5.3 (Post-Event Quality Complaints), and the Cancellation Policy Section 2.5.

Exceptions and special circumstances:

• Force majeure events
• Documented emergencies
• Platform errors or technical failures

Submit exception requests to disputes@bartendersnow.com with documentation.

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5. SERVICE QUALITY ESCALATION

5.1 During-Event Issues

If issues arise during an event:

1. Attempt direct resolution: Communicate with the other party calmly and professionally
2. Document the situation: Note times, specific issues, and any witnesses
3. Contact platform support: For urgent safety or service concerns, email safety@bartendersnow.com or call (888) 548-9469
4. Do not leave the event: Bartenders should complete services unless safety is at risk; Hosts should not dismiss Bartenders without cause

Emergency situations involving safety should be reported immediately to appropriate authorities (911) and then to safety@bartendersnow.com.

5.2 Host No-Shows

If a Host or event does not materialize and the Bartender arrives at the scheduled location:

• The Bartender receives 100% of their contracted payment (the Host's card was already charged at the 48-hour lock per the Payment Timeline Policy)
• If there is nothing for the Bartender to do, they may leave at their own discretion
• Bartenders who choose to leave assume the risk of a poor rating if the Host later disputes the departure
• Bartenders cannot receive more than their contracted amount in any host no-show scenario

Host account consequences: Host accounts are subject to review and potential suspension for no-shows. Repeated no-shows may result in permanent account termination.

Bartender protection: If you arrive at the location and no one is present, document your arrival (photo of location with timestamp) and contact support. Your payment for legitimate, completed services is protected in accordance with our Bartender Payment Guarantee.

5.3 Post-Event Quality Complaints

Important: bartendersNow™ is a marketplace facilitator. We are not liable for the quality of bartending services or if services differ from what a Bartender advertises. Hosts are responsible for selecting Bartenders based on profiles, ratings, and reviews.

Host recourse for service quality concerns:

• Leave an honest rating and review reflecting your experience
• Ratings are the marketplace's primary quality mechanism

Reporting window: For conduct violations, safety concerns, or policy breaches (not general service quality), submit reports within 7 days of the event date.

Required documentation:

• Booking ID and event details
• Specific description of conduct or policy violations
• Photos, messages, or other evidence
• Witness statements if available

Submit to: disputes@bartendersnow.com with subject "Conduct Report - Booking ID"

5.4 Resolution Outcomes

For verified conduct or policy violations (not general service quality dissatisfaction), outcomes may include:

For Bartenders (verified violations):

• Review of Bartender's account status
• Restriction or termination of platform access

For Hosts:

• Removal of retaliatory or unfair reviews targeting Bartenders

Note: Refunds or platform credits are not issued for general service quality dissatisfaction. The marketplace operates on the principle that Hosts select Bartenders based on available information (profiles, ratings, reviews, hourly rate) and assume responsibility for their selection.

Quality Dissatisfaction vs. Safety Exclusions: Refunds or platform credits are not issued for general service quality dissatisfaction (e.g., drink preference or minor timing issues). Safety and alcohol compliance escalations are evaluated independently by our Safety & Trust Team and may involve insurance carriers or law enforcement, as outlined in our Insurance Requirements Guide.

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6. REVIEW AND RATING DISPUTES

6.1 Grounds for Review Removal

Reviews may be removed if they contain:

• False statements of fact: Demonstrably untrue claims about events or services
• Retaliatory content: Reviews submitted to punish the other party for unrelated actions
• Prohibited content: Discriminatory language, threats, or harassment
• Privacy violations: Personal information, contact details, or confidential matters
• Off-topic content: Matters unrelated to the booking or service
• Incentivized content: Reviews offered or received in exchange for compensation

6.2 Dispute Process

To dispute a review:

1. Submit request within 30 days of review posting
2. Email disputes@bartendersnow.com with:
   • Booking ID
   • Specific statements you dispute
   • Evidence supporting your position
   • Explanation of why the review violates policy

Review timeline:

• Acknowledgment: 3 business days
• Decision: 10 business days
• Appeals: Within 7 days of decision

6.3 Response Options

If a review is not removed, you may:

• Post a public response: Professional, factual responses visible alongside the review
• Request reconsideration: Submit new evidence not previously considered
• Focus forward: Build positive reviews that reflect your typical service

Platform decisions on reviews are final after one appeal, except in cases of demonstrated error or new material evidence.

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7. TIMELINE SUMMARY

Note: Complex cases may require additional time. We will communicate expected timelines if investigation extends beyond targets.

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8. LIMITATIONS AND EXCLUSIONS

8.1 What We Cannot Resolve

bartendersNow™ cannot adjudicate:

• Criminal matters: Report to appropriate law enforcement
• Personal injury claims: Consult legal counsel
• Contract disputes exceeding arbitration limits: May require court resolution
• Third-party venue disputes: Issues between users and event venues
• Insurance claims: Contact relevant insurance providers
• Employment classification disputes: Platform maintains Bartenders are independent contractors per Terms of Service

8.2 Preservation of Legal Rights

This Policy does not waive your legal rights, including:

• Small claims court: Available for claims under applicable jurisdictional limits
• PAGA claims: California Private Attorneys General Act claims are preserved
• Public injunctive relief: Claims seeking public injunctive relief remain available
• Intellectual property: Claims may proceed outside arbitration

See Terms of Service Section 12 for complete details.

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9. DOCUMENTATION REQUIREMENTS

9.1 For Hosts

Maintain records of:

• Booking confirmations and receipts
• Platform messages with Bartenders
• Event details and requirements discussed
• Photos from the event
• Any written agreements or modifications

9.2 For Bartenders

Maintain records of:

• Booking acceptances and confirmations
• Platform messages with Hosts
• Service times, including arrival and departure
• Any incidents or issues during service
• Post-service task completions

9.3 Evidence Preservation

• Screenshots: Capture relevant platform communications
• Photos: Document service setup, conditions, or issues
• Written records: Keep contemporaneous notes of disputes
• Third-party witnesses: Note contact information for witnesses

Retention recommendation: Keep documentation for at least 1 year after the event date.

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10. CONTACT INFORMATION

Dispute Resolution Team

Primary Contact: Email: disputes@bartendersnow.com Subject Line: Dispute - Booking ID - Brief Description

Appeals: Email: appeals@bartendersnow.com

Urgent Safety Matters: Email: safety@bartendersnow.com Phone: (888) 548-9469

General Legal Questions: Email: legal@bartendersnow.com

Company Information

Midnight Logic, Inc. 650 Nuttman St, Ste 114 Santa Clara, CA 95054 Phone: (888) 548-9469

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11. POLICY UPDATES

Material changes to this Policy will be communicated via email and platform notification at least fourteen (14) days before taking effect. Your continued use of the Platform after updated terms take effect constitutes acceptance of the revised Policy. Any modifications to the binding arbitration provisions of Terms of Service §12 remain strictly governed by the formal amendment procedures set forth in Terms of Service §15.

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This Dispute Resolution Policy reflects our commitment to fair, efficient, and transparent resolution of disputes within the bartendersNow™ community. We encourage all users to engage in good faith and seek resolution through the procedures outlined here.