FANYA Dispute Management Policy
& Mediation Process
Operating entity: Hubb Harvest Inc., a corporation incorporated in Alberta in 2021 (Business Corporations Act of Alberta) and registered as a federal extra-provincial corporation in Canada, operating under the trade name FANYA
Registered office: 1162 Gyrfalcon Crescent NW, Edmonton, AB, T5S 0S1, Canada
Website: www.fanyablack.com
Version 3.0 | Updated: March 1, 2026 | Official Document — Internal and External Use
1. Introduction and Guiding Principles
1.1 FANYA Philosophy
FANYA is committed to creating an environment of trust and fairness for all members of its community. Rather than a rigid approach, FANYA favours collaborative mediation aimed at fair and balanced solutions for all parties involved.
1.2 Relationship with the Terms and Conditions
This Policy forms an integral part of FANYA's Terms and Conditions of Use. By accepting the Terms and Conditions, Users also accept this Dispute Management Policy.
1.3 Guiding Principles
| Principle | Application |
|---|---|
| Fairness | Impartial treatment of all parties without favouritism |
| Transparency | Clear process with constant communication at every step |
| Speed | Resolution within reasonable timeframes (72h to 14 business days) |
| Confidentiality | Protection of all sensitive information shared during the dispute |
| Proportionality | Solutions tailored to the severity of the dispute |
2. Key Definitions
| Term | Definition |
|---|---|
| Dispute | Any disagreement between a Service Provider (Talan) and a Client regarding a project completed through FANYA. |
| Service Provider (Talan) | Professional registered on FANYA offering services. |
| Client | User ordering a service from a Service Provider. |
| Mediation | Process by which FANYA facilitates the resolution of a dispute. |
| FANYA Mediator | Member of the FANYA team designated to handle the dispute. |
| Escrow | Funds technically held through Stripe Connect, with FANYA acting as escrow administrator and issuing release instructions based on Platform events. These funds remain separate from FANYA's own assets until satisfactory resolution. |
| Suspended Funds | State of escrow funds during a dispute: neither released to the Service Provider nor refunded to the Client, until a final decision is made. |
| Claimant | Person submitting the dispute (Client or Service Provider). |
| Respondent | Person against whom the dispute is filed. |
3. Types of Disputes Covered
3.1 Eligible Dispute Categories
| Category | Description | Claimant |
|---|---|---|
| Insufficient quality | Deliverable does not meet agreed expectations | Client |
| Non-delivery | Service Provider does not deliver within deadlines or does not honour the contract | Client |
| Unclear specifications | Initial request lacking clarity, causing misunderstanding | Service Provider |
| Non-payment | Client does not release payment after compliant delivery | Service Provider |
| Excessive modification requests | Revision requests exceeding the initial agreement | Service Provider |
| Broken communication | One party ceases to respond without valid reason | Both |
| Inappropriate behaviour | Offensive language, harassment, discrimination | Both |
| Delivery delay | Deadlines not met without prior communication | Client |
| Fraud or misrepresentation | Presentation of false skills or fabricated portfolio | Client |
| Intellectual property violation | Unauthorized use of creations or content | Both |
3.2 Situations Not Covered
Situations Not Eligible for FANYA Mediation
- Disagreements regarding transactions outside the FANYA Platform
- Personal disputes unrelated to a FANYA project
- Refund requests based solely on a change of mind without legitimate grounds
- Disputes already resolved or closed by prior mediation
- Transactions where no documentary evidence exists
- Repeated fraudulent or abusive requests
4. Dispute Submission Process
4.1 Step 1 — Direct Resolution Attempt (STRONGLY RECOMMENDED)
Before submitting a formal dispute to FANYA, parties are strongly encouraged to attempt to resolve the disagreement directly through FANYA messaging (recommended duration: 48 hours of good-faith communication). This preliminary step does not constitute a waiver of judicial recourse, which remains available at all times in accordance with applicable law. The Platform will ask the User to confirm this attempt before activating the dispute form.
4.2 Step 2 — Formal Submission
If no resolution is found, the claimant may submit a dispute via:
- Online form in the "My Account" > "Manage my disputes" section;
- Email to litiges@fanyablack.com with subject: [DISPUTE] Project Number;
- "Report a Problem" button on the relevant project page.
4.3 Required Information
| Required Information | Details |
|---|---|
| Project Number | FANYA unique identifier for the project concerned |
| Parties Involved | Name and username of the Service Provider and Client |
| Amount in Dispute | Total project value and disputed amounts |
| Dispute Category | Select from the list (Section 3) |
| Detailed Description | Minimum 200 characters explaining the issue |
| Communication History | Summary of exchanges and direct resolution attempts |
| Attached Evidence | Screenshots, files, contracts (max 10 files, 50 MB total) |
| Desired Resolution | What the claimant is requesting |
| Sworn Declaration | Certification of accuracy of information provided |
4.4 Acknowledgement of Receipt
FANYA will acknowledge receipt of the dispute within a maximum of 24 business hours and will assign a unique case number (format: LIT-YYYY-XXXX). Example: LIT-2026-0042.
5. FANYA Mediation Process
FANYA mediation follows a structured 7-phase process, designed to reach a fair resolution within 7 to 14 business days.
| Phase | Description | Timeline | Responsible Party |
|---|---|---|---|
| Phase 1 | Reception and assessment — File verification, mediator assignment, notification of the respondent | Day 0–1 | FANYA |
| Phase 2 | Investigation — Collection of statements, additional evidence, review of communications | Day 1–3 | Mediator |
| Phase 3 | Analysis — Impartial assessment, identification of responsibilities, development of scenarios | Day 3–5 | Mediator |
| Phase 4 | Proposal — Balanced solution(s) presented to both parties simultaneously. Response timeline: 48h per party. | Day 5–7 | Mediator |
| Phase 5 | Negotiation (if necessary) — Exchanges facilitated by the mediator, maximum 2 iterations | Day 7–10 | Mediator + Parties |
| Phase 6 | Final Decision — If agreement: formalization. If persistent disagreement: FANYA administrative decision. | Day 10–12 | FANYA |
| Phase 7 | Execution and closure — Implementation of measures, release/retention of funds, file archiving. | Day 12–14 | FANYA + Parties |
6. Timelines and Schedules
| Step | Timeline Maximum | Responsible Party |
|---|---|---|
| Dispute acknowledgement | 24 business hours | FANYA |
| Respondent's response | 72 business hours | Respondent |
| Complete investigation | 5 business days | FANYA Mediator |
| Resolution proposal | 7 business days | FANYA Mediator |
| Response to proposals | 48h per party | Both parties |
| Final decision | 12 business days | FANYA |
| Execution and closure | 14 business days | FANYA + Parties |
Accelerated Procedure
For urgent disputes involving high amounts (> $1,000): Investigation within 48h — Proposal within 3 days — Final decision within 5–7 business days.
7. Possible Resolutions
| Resolution Type | Description | Example of Application |
|---|---|---|
| Completed delivery | Service Provider finalizes and delivers per initial specifications | Incomplete deliverable → 7 days to complete |
| Free revision | Service Provider makes corrections at no additional cost | Insufficient quality → 1–2 free revisions |
| Partial refund | Client receives refund of 20% to 80% depending on severity | 60% delivery → 40% refund |
| Full refund | Client recovers 100% of the amount paid | Total non-delivery or proven fraud |
| Partial payment | Service Provider receives 30% to 70% based on work completed | Project 60% completed → 60% payment |
| Full payment | Service Provider receives 100% of the agreed amount | Compliant delivery, unjustified dispute |
| Additional timeline | Deadline extension of 3 to 14 days with conditions | Delay due to force majeure → +7 days |
| Financial compensation | Penalty for damages incurred (5–20% of amount) | Serious delay → 15% compensation |
| Project cancellation | Contract termination with cost sharing | Irremediable incompatibility → 50/50 |
8. Escrow Payment System
8.1 General Principle
Hubb Harvest Inc. (FANYA) uses an escrow payment system to protect both parties. Funds are technically held through Stripe Connect, a secure PCI-DSS-certified payment infrastructure, with FANYA acting as escrow administrator and issuing release instructions based on events occurring on the Platform. These funds remain strictly separate from FANYA's own assets until the project is satisfactorily delivered OR a dispute is resolved.
8.2 System Operation
| Step | Action | Fund Status |
|---|---|---|
| 1 | Client payment upon ordering | Debited from Client account |
| 2 | FANYA holds funds in secure escrow | Frozen — not accessible to the Service Provider |
| 3 | Service Provider delivers work per agreement | Still in escrow |
| 4 | Client has 7 calendar days to validate, revise, or contest | Awaiting Client decision |
| 5a | Validation or no response after 7 days → automatic release | Transferred to Service Provider (less fees) |
| 5b | Dispute opened → mediation process triggered | Suspended until final decision |
| 6 | Dispute resolved by mediator | Released per decision (partial/full/refund) |
Unique validation timeline — 7 calendar days
The validation period is uniformly set at 7 calendar days for all projects, regardless of amount. This timeline is aligned with FANYA's Terms and Conditions of Use.
FANYA will send automatic email reminders on days 3 and 6. In the absence of any action at the end of day 7, validation is automatic and funds are released to the Service Provider.
8.3 Suspension of Funds During a Dispute
When a dispute is opened, escrow funds are automatically suspended: they are neither released to the Service Provider nor refunded to the Client until the mediator's final decision. This measure protects both parties and guarantees the integrity of the mediation process.
8.4 Special Cases
| Situation | Escrow Management |
|---|---|
| Multi-phase project | Payments escrowed and released per validated phase |
| Cancellation before delivery | Full refund to Client if Service Provider has not started |
| Abandonment of ongoing project | Partial payment based on % of documented work |
| Prolonged dispute (> 30 days) | Funds maintained until final decision or external arbitration |
9. Communication During the Dispute
9.1 Communication Principles
- All communications MUST go through the FANYA Platform;
- Direct communication between parties is DISCOURAGED during mediation;
- The FANYA mediator is the sole official point of contact;
- Each party is required to respond within a maximum of 48 hours;
- Threats, insults, or harassment will result in immediate closure in favour of the opposing party.
9.2 Authorized Communication Channels
| Channel | Use | Response Timeline |
|---|---|---|
| FANYA Platform Messaging | General communication, evidence exchange | 24–48h |
| Email litiges@fanyablack.com | Initial submission, official documents | 24h |
| Phone (by appointment) | Verbal mediation for complex cases | By appointment |
| Video conference (exceptional) | Tripartite mediation if necessary | By appointment |
10. Appeals and Recourse
10.1 Appeal Eligibility Conditions
An appeal will be accepted ONLY if at least ONE of the following conditions is met:
- Evidence of significant new information not available during the initial mediation;
- Manifest factual error in the mediator's analysis;
- Failure by FANYA to follow the mediation process;
- Amount in dispute exceeding $500 (to justify administrative costs).
10.2 Appeal Process
| Step | Details |
|---|---|
| Submission timeline | 5 business days after notification of the initial decision |
| Required Form | Detailed justification (minimum 500 words) |
| Fee | $50 (refunded if appeal accepted) |
| Admissibility review | 48h for acceptance or rejection decision |
| If appeal accepted | Review by a different senior mediator (7–10 days) |
| Final decision | IRREVOCABLE — No second appeal possible |
10.3 External Arbitration (Last Resort)
For very high-value disputes (> $5,000) where no agreement is reached after appeal:
- Body: Canadian Commercial Arbitration Centre (CCAC) or equivalent;
- Costs: shared 50/50 between parties (approximately $500–$2,000);
- Timeline: 30–60 days depending on complexity;
- Decision binding on parties who have consented to arbitration, within the limits permitted by applicable law and subject to consumer rights, particularly in Québec. FANYA undertakes to abide by it.
11. Sanctions and Consequences
11.1 Progressive Sanctions System
| Level | Violation | Sanction | Duration |
|---|---|---|---|
| 1 | First minor violation | Written warning | Permanent (visible on profile) |
| 2 | Second violation / Moderate | Feature restriction | 7–30 days |
| 3 | Third violation / Serious | Temporary suspension | 30–90 days |
| 4 | Repeated violations / Very serious | Extended suspension | 3–12 months |
| 5 | Fraud / Serious harassment | Permanent ban | Permanent |
| 6 | Mass fraud / Identity theft | Legal proceedings + ban | Per court ruling |
11.2 Rehabilitation
- 6 months without a new dispute → removal of warning from profile;
- 12 months of exemplary conduct → restoration of initial rating;
- 20 consecutive successful projects → eligibility for badge re-certification;
- Completion of FANYA mediation training → 30% reduction in suspension period.
12. Dispute Prevention
12.1 Best Practices — For Clients
- Write a detailed brief with visual examples where possible;
- Clearly define the budget and expected timelines;
- Ask all questions BEFORE confirming the order;
- Provide specific, constructive feedback;
- Validate the delivery within the 7-day period.
12.2 Best Practices — For Service Providers
- Ask clarifying questions before accepting a project;
- Define a clear scope of work (inclusions/exclusions);
- Alert the Client IMMEDIATELY in case of delay or difficulty;
- Deliver on time or request an extension IN ADVANCE;
- Respond to Client requests within 48 hours.
13. Data Protection and Dispute Confidentiality
13.1 Dispute Confidentiality
- Restricted access: only the assigned mediator and the parties involved may access the file;
- Anonymization: public statistics never reveal identities;
- Non-disclosure: FANYA never shares dispute details with third parties;
- Secure storage: encrypted data hosted on the servers of o2switch SAS infrastructure (France, European Union) — compliant with GDPR and PIPEDA. France is recognized as a country with an adequate level of protection by Canadian authorities;
- Retention period: 5 years after closure (legal requirement), then secure deletion.
Dispute data hosting infrastructure
Dispute data is hosted on the o2switch SAS infrastructure (Clermont-Ferrand, France — Siret: 510 909 807 00032), whose servers are entirely located on French territory. o2switch is a subcontractor of FANYA bound by a Data Processing Agreement (DPA) compliant with PIPEDA and GDPR.
A strict confidentiality agreement governs the processing of this data by o2switch.
13.2 Data Collected During a Dispute
- Identities of parties (name, username, contact details);
- Complete history of project-related communications;
- Files and evidence submitted by the parties;
- Mediator decisions and resolutions;
- Related payments and financial movements;
- Timestamps of all actions.
14. Legal Provisions
14.1 Jurisdiction and Applicable Law
Hubb Harvest Inc. is a corporation incorporated in Alberta (Business Corporations Act of Alberta, 2021) and registered as a federal extra-provincial corporation in Canada. This Policy is governed by the laws of the Province of Alberta and the federal laws of Canada. The competent jurisdiction is that of the courts of Edmonton, Alberta, Canada.
14.2 Limitation of Liability
Hubb Harvest Inc. (FANYA) acts as a mediator and facilitator. FANYA's liability is limited to the amount of service fees collected on the disputed transaction. FANYA shall not be held liable for indirect damages, loss of profits, or moral prejudice.
14.3 Policy Amendments
FANYA reserves the right to amend this Policy with 30 days' notice, communicated by email, a banner on the Platform, and a post on the FANYA blog. Disputes in progress at the time of any amendment remain governed by the version in effect at the time of their submission.
Contact Information
| Contact | Details |
|---|---|
| Disputes & mediation | litiges@fanyablack.com — FANYA Platform Messaging — "Disputes" tab of your project |
| Client support | support@fanyablack.com — Response within 24–48h |
| Postal address | Hubb Harvest Inc. — Mediation Department, 1162 Gyrfalcon Crescent NW, Edmonton, AB, T5S 0S1, Canada |
| Website | www.fanyablack.com |
FANYA — Dispute Management and Mediation Policy — Version 1.0 | March 1, 2026
© 2026 Hubb Harvest Inc. All rights reserved. | 1162 Gyrfalcon Crescent NW, Edmonton, AB, T5S 0S1, Canada