GetSound.com and GetSound Animal Health, LLC contracts with our affiliate GetSound Systems Group, LLC which operates our own proprietary merchant “escrow” style account by utilizing Braintree Merchant Services, a division of PayPal, Inc. to provide a secure site in which GetSound Systems, Group, LLC will collect secure payments and retain payment for a calendar period of at least 30 days but not more than 45 Days, thereby allowing time for each telemedical service to be reasonably completed and accepted by both parties (i.e. the Client and Professional) are satisfied. This application provides an additional layer of security and protects against fraud, chargebacks and wrongly described goods.
1.1 USE OF ESCROW?
It helps make transactions more secure by keeping the payment in a secure escrow account which is only released when all of the terms of an agreement are met as overseen by the escrow company. This provides for secure transactions and confident buyers and sellers.
1.2 HOW DOES THE PROPRIETARY GETSOUND.COM ESCROW WORK?
A step-by-step process ensures protection for both the Client and Professional when using a bank account for online transactions. GetSound.com ensures that all members are protected equally and that any disputes are dealt with appropriately and fairly.
The GetSound.com Escrow Process is as follows:
• Client and Professional agree to terms. The Client selects a Telemedical Service and the Professional is willing to provide that Service.
• Client pays for the Service. Payment is provided by an approved payment method and deposited into Escrow. Once payment is verified, the Client is notified that funds have been secured in Escrow.
• Professional is solicited. Upon payment verification, the Professional is notified that funds have been secured in Escrow and that a Consultation is pending. The Professional has a set amount of time to perform the Service.
• Professional performs the service. A report highlighting the Professional’s findings and comments is generated via the Consultation.
• Client receives the Service. The Client receives the Consultation report from the Professional. The Client has a set number of days to inspect the report(s) and the option to accept or reject it.
• Client accepts the Service.
• Funds are released to the Professional’s Internal Getsound Account to be dispersed to Professional by Getsound Systems Group, LLC staff every 30 – 45 days depending upon Professional Account Volume and Requests by Professional and Getsound Animal Health, LLC Management.
2. GetSound.com Professional Accounts
As a Professional, your funds are held in the GetSound Systems Group, LLC Account until either the Client has received and approved the Service or the Client rejects the Service and the return process is completed.
As a Client, your funds will be held in the Escrow Account until you have received and approved the Service. If you do not receive the Service or it is not as described, you will be able to reject the Service and, depending on further review by GetSound.com, possibly have the funds returned to your account.
3. Escrow Instructions: Release of Funds
As a member of GetSound.com, you hereto employ, authorize and instruct GetSound Systems Group, LLC to act as Escrow Account Holder and Escrow Agent in connection with each Service Transaction under the terms and conditions as described within our GetSound Animal Health, LLC Terms of Service as outlined in Section 1.2 above.
3.1 RELEASE AND DELIVERY OF AMOUNTS IN ESCROW
Client and Professional irrevocably authorize and instruct GetSound.com to release applicable portions of the Escrow Account (each portion, a “Release”) to the Client and Professional, as applicable, via the Site, upon the occurrence of and in accordance with one or more Release Conditions provided below or as otherwise permitted by applicable law.
3.2 CONDITIONS OF FUND RELEASE
• Client clicks to release funds to Professional.
• Professional cancels or denies the contract before the Service has been rendered.
• Professional chooses to close the contract.
• Client or Professional has failed to make its Arbitration payment initiated by the other Party pursuant to the Dispute Assistance Policy in Section 6 of these instructions.
• Client and Professional have failed to timely submit to Arbitration for an unresolved Dispute as such term is defined in the Dispute Assistance Policy in Section 6 of these instructions.
• Client or Professional has failed timely to respond to a GetSound.com Dispute Assistance notification as required by the Dispute Assistance Policy in Section 6 of these instructions.
• Client or Professional has failed timely to pay for its share of Arbitration costs as required by the Dispute Assistance Policy in Section 6 of these instructions.
• Client or Professional otherwise has failed to comply with the Dispute Assistance Policy in Section 6 of these instructions.
• Submittal of the final binding award of an arbitrator appointed pursuant to the Dispute Assistance Policy in Section 6 of these instructions.
• Issuance of the final order of a court of competent jurisdiction from which appeal is not taken.
We believe, in our sole discretion, that fraud, illicit acts, or a violation of GetSound’s Terms of Service has been committed or is being committed or attempted, in which case Client and Professional irrevocably authorize and instruct GetSound.com to take such actions as we deem appropriate in our sole discretion and in accordance with applicable law, in order to prevent or remedy such acts, including to return the proceeds of such acts to their source of payment.
4. CANCELLATION BY PROFESSIONAL OR CLIENT
Professional and Client agree that GetSound.com Is authorized and irrevocably instructed to release to Professional , the Escrow funds associated with the contract. If Professional or Client disputes the review or consultation then the Professional and Client will be offered our Internal Staff for Dispute Assistance.
5. DISPUTE Resolution
If Client and Professional fail to come to a mutual resolution by way of the Refund and Cancellation process as stated in the terms and conditions or as outlined by GetSound.com staff, “GetSound.com Dispute Assistance” means the Dispute assistance provided by Staff and GetSound.com as set forth in this Section 6.
6. AVAILABILITY OF GETSOUND.COM DISPUTE ASSISTANCE
Dispute Assistance is only available (i) after initial funding of the Escrow Account associated with the Service, and (ii) prior to the Dispute Deadline. Dispute Assistance is not available to either the Professional nor the Client via the GetSound.com Site after the Dispute Deadline of 30 days.
6.1 NON-BINDING ASSISTANCE
GetSound.com will first attempt to assist Client and Professional by reviewing the Dispute and proposing a mutual, non-binding resolution. The proposed resolution is non-binding; Client and Professional can choose whether or not to agree to it.
If Client and Professional agree in writing to the proposed resolution, Client and Professional agree that GetSound.com is authorized and irrevocably instructed to immediately release Escrow funds in accordance with the final resolution.
If Client or Professional’s disagrees with GetSound.com’s proposed, non-binding resolution, they may proceed to Arbitration. If Client and Professional do not choose to arbitrate, Professional and Client agree that GetSound.com is authorized and irrevocably instructed to immediately release to Client all funds held in Escrow.
6.2 COOPERATION WITH THE DISPUTE PROCESS
All claims, disputes or other disagreements between you and another User that are covered by the Dispute Process must be resolved in accordance with the terms outline in this Dispute Resolution section 6. All claims filed or brought contrary to these Dispute Resolution terms will be considered improperly filed, and GetSound.com will have the right to take any other action, including suspension or termination of your Account, and any other legal action as GetSound.com deems appropriate in its sole discretion.
GetSound Animal Health, LLC , GetSound.com, and our affiliate GetSound Systems Group, LLC in its sole discretion, reserves the right to suspend or terminate your Account immediately upon giving notice to you if we believe you may be abusing this Dispute Resolution Process or as otherwise permitted by the other Terms of Service. Disputes for any Services that existed prior to termination will be subject to the Terms of Service.
8. Additional Terms and Conditions
GetSound Animal Health, LLC , GetSound.com, and our Escrow affiliate GetSound Systems Group, LLC at its sole discretion, reserves the right to modify, suspend or terminate this agreement in whole or in part without prior notice.