THE EUADR PLATFORM AGREEMENT

Preamble

This document sets forth the procedural rules and responsibilities governing the engagement and operation of entities contracted with the Cyprus Center for Alternative Dispute Resolution (hereinafter referred to as "the Center"). It delineates the obligations of these entities towards their clients within the scope of ADR services and specifies the regulatory and coordinating role of the Center. This framework is exclusively applicable to entities operating within the Member States of the European Union (EU).

 

Article 1: Definitions

For the purposes of this Agreement:

“ADR Process” means the out of court process used by the Trader and the Consumer to resolve a dispute mentioned in Schedule 2.

“ADR Services” means the services provided to the Consumer, the Trader and the Entity by the Center through the Platform.

"Client" denotes any individual or corporation seeking recourse to ADR services facilitated by the Center.

“Consumer”: means the consumer submitting a complaint through the EU ADR Platform.

“Entity” refers to a licensed ADR Entity operating within the EU contracted by the Center to provide ADR services.

“EU ADR Platform” or “Platform” means the electronic platform found www.euadr.com, used by the Entity and the Center to resolve complaints between traders and consumers.

“Settlement Amount” means the amount paid by the Trader to the Center and which is withheld by the Center for the benefit of the consumer in case a resolution is reached between the Consumer and the Trader.

“Trader” refers to the person or entity against whom the complaint has been filed by the Consumer through the Platform.

 

 

 

Article 2: Responsibilities of Contracted Entities

Section 2.1: Adherence to Procedure

Entities are mandated to strictly adhere to the procedural guidelines and standards established by the Center. This encompasses all facets of the ADR process, from case intake to resolution, ensuring that proceedings are conducted in a manner that is both efficient and equitable. Adherence also implies a commitment to following any updates or modifications to these procedures as communicated by the Center, thereby guaranteeing that entities operate in alignment with best practices and legislative changes.

Section 2.2: Client Relations

Entities must conduct themselves with the utmost professionalism and impartiality in all interactions with clients. This includes providing clients with clear and comprehensible information regarding the ADR process, their rights and responsibilities, and what they can expect in terms of outcomes. Entities should strive to create an environment that is not only conducive to fair dispute resolution but also respectful and considerate of the emotional and psychological state of the clients involved.

Section 2.3: Reporting Obligations

A systematic approach to reporting is required from entities. This involves notifying the Center of the outcomes of ADR proceedings in a timely manner, as well as reporting any unresolved disputes, challenges, or procedural deviations encountered during the process. Such reporting should be comprehensive, providing sufficient detail to allow the Center to evaluate the effectiveness of the ADR process, identify areas for improvement, and take corrective action where necessary.

Section 2.4: Ethical Conduct

Above all, entities must commit to ethical conduct throughout the ADR process. This includes, but is not limited to, upholding principles of justice, avoiding conflicts of interest, ensuring impartiality, and acting with integrity. Entities must also respect the confidentiality of the proceedings and the privacy of the parties involved, in accordance with the provisions outlined in subsequent articles of this Agreement.

 

Article 3: Responsibilities of the ADR Entities and the Center

Section 3.1: Coordination and Oversight

The Center is tasked with the vital role of overseeing the entire ADR process, ensuring that it runs smoothly and efficiently. This includes:

1. The Center will assign ADR cases to the appropriate entities based on the specifics of each case and the expertise of the entity. This ensures that cases are handled by those best suited to resolve them effectively.
2. Providing entities with clear and comprehensive guidelines on ADR procedures, ensuring consistency and fairness in the resolution process.
3. Monitoring the performance of entities to ensure adherence to established standards and procedures. This includes conducting regular reviews of ADR processes and outcomes.

Section 3.2: Quality Assurance

The Center is responsible for ensuring the quality of ADR services provided by entities. This involves:

1. Ensuring that entities comply with the procedural rules and ethical standards set forth in this Agreement.
2. Assessing the effectiveness and efficiency of ADR services through feedback from clients and entities, and through analysis of outcomes and process metrics.
3. Identifying opportunities for improvement in ADR processes and implementing changes to enhance service quality.

Section 3.3.: Role and Responsibilities of ADR Entities

1. ADR Entities serve as neutral third-party facilitators who are responsible for managing and resolving disputes submitted through the Center. They are integral to the ADR process, ensuring that all procedures are conducted fairly, efficiently, and impartially.
2. By accepting their role, Entities agree to be bound by the terms and conditions set forth in their agreement with the Center. This Agreement mandates compliance with the procedural guidelines and ethical standards established by the Centre.
3. Specific Responsibilities:

1. ADR Entities will be assigned cases based on their geographical location and area of expertise. This ensures that they are well-equipped to handle specific disputes effectively.
2. Upon assignment, ADR entities are responsible for initiating the ADR Process. This includes setting up initial communications, organizing and facilitating ADR Process, and maintaining a neutral stance throughout the proceedings.
3. They must ensure that all parties are informed and understand the steps of the ADR Process. Regular updates must be provided to both the Center and the disputing parties, maintaining transparency.
4. ADR Entities are tasked with documenting all aspects of the ADR Process, including session records, agreements reached, and compliance with the outcome. This documentation must be submitted to the Center in a timely manner.
5. ADR Entities aim to guide the parties toward a mutually acceptable resolution. Should the ADR Process conclude without a resolution, ADR Entities are responsible for formally closing the case and notifying all parties involved, as per the guidelines of the Center

1. ADR Entities are expected to uphold the highest ethical standards, including confidentiality, impartiality, and integrity. They must avoid conflicts of interest and ensure that their conduct fosters trust and respect from all parties involved in the ADR process.
2. ADR Entities are accountable to the Center for their actions and decisions in the ADR Process. They are required to operate within the framework of this Agreement and may be subject to review or disciplinary actions if they fail to meet their obligations.

 

Article 4: Guidelines/Procedures

Section 1: The ADR Process

The detailed ADR Process is laid out in Schedule 2 of this Agreement.

Section 2: Post-Resolution Actions

2.1: The Center will monitor the compliance of the Trader with the settlement agreement.

2.2: All case files and communications will be documented and securely archived for future reference.

Section 3: Support

3.1: The Center will provide updates to the system, and any changes to the regulatory framework.

3.2: The Center will offer ongoing support to all parties involved in the dispute resolution process to ensure effective and fair resolutions.

 

Article 5: Fee Structure

The fee structure is guided by the following principles:

1. Fees associated with ADR Services are to be clearly outlined and communicated to entities and clients, ensuring there are no hidden costs.
2. Fees are set at levels that ensure the sustainability of the Center's operations and the quality of ADR services provided.

Section 5.2: Components of the Fee Structure and Outward Payments

The fee structure encompasses various components, including but not limited to:

1. Initiation Fee: A fixed fee charged at the outset of the ADR process to cover initial administrative costs. The fee shall be paid directly by the Consumer to the Center as per Schedule 1 of this Agreement.  This fee is a non-refundable fee which is paid irrespective of whether the Trader accepts the complaint or not and for the Center to examine and allocate the complaint, and allow the Consumer to enter the ADR Process by informing the Trader of the existence of the Complaint.

 

1. Center Withholding Amount: This is the amount withheld by the Center from the Settlement Amount which will cover partly the Entity’s fees and partly the Center’s fees. This fee will be deducted from the Settlement Amount, and it will be considered as paid by the Trader to the Center to cover the Center’s fees as well as the Entity’s fees.
2. Center’s Fees: This is the fee charged by the Ceneter to the Trader. It will be withheld by the Center from the Settlement Amount.
3. Entity’s Fees: This is the fee charged by the Entity to the Trader. It will be withheld by the Center from the Settlement Amount and paid by the Center to the Entity.

Section 5.3: Payment Deadlines

The Entity’s Fees shall be paid within 15 days of receiving the same from the Trader.

Section 5.4: Fee Adjustments

The Center reserves the right to adjust the fee structure based on periodic reviews and evaluations to ensure it remains reflective of the costs associated with providing high-quality ADR services. Any adjustments to the fee structure will be communicated to contracted entities and clients with adequate notice before implementation.

Article 6: Amendments

This Agreement may be amended by the Center as deemed necessary for the enhancement of ADR services. Entities will be notified of such amendments within a reasonable timeframe prior to their enactment. The Center will establish a transition period for the implementation of significant amendments, during which both the old and new provisions may temporarily coexist. This is intended to facilitate a smooth transition and minimize disruptions to ongoing ADR processes.

 

Article 7: Confidentiality

Section 7.1: Commitment to Confidentiality

All Parties engaged under this Agreement are strictly required to uphold the highest standards of confidentiality vis-à-vis each other in relation to all aspects of the ADR process. This encompasses, but is not limited to, the details of the dispute, the identities of the parties involved, and the specifics of the resolution or settlement reached.

Section 7.2: Scope of Confidentiality

The obligation of confidentiality extends to all employees, agents, or representatives of the contracted entities and includes any and all information received, discussed, or generated during the course of the ADR proceedings, except where disclosure is mandated by law or expressly authorized by the parties to the dispute.

Section 7.3: Breach of Confidentiality

Any breach of confidentiality obligations is to be considered a grave violation of this Agreement, and any Party may uphold confidentiality in the appropriate courts. Furthermore, in case of breach of the confidentiality obligation arising under this agreement renders the subject to immediate review and potential sanctions, including but not limited to termination of the contractual relationship with the Center and legal action, as deemed appropriate.

 

Article 8: General Data Protection Regulation (GDPR) Compliance

Section 8.1: GDPR Adherence

In recognition of the critical importance of data privacy and protection, all entities and the Center itself commit to full compliance with the General Data Protection Regulation (EU) 2016/679 (GDPR) and any subsequent amendments or related national legislation within EU Member States. This commitment extends to all personal data processed during the ADR proceedings.

The data provided in case you are acting as a consumer will be processed in accordance with the privacy policy found in the website www.euadr.com

Section 8.2: Data Processing Principles

The processing of personal data shall adhere to the principles of legality, fairness, and transparency. Personal data shall be collected for specified, explicit, and legitimate purposes and not further processed in a manner that is incompatible with those purposes. Data collection and processing shall be limited to what is necessary in relation to the purposes for which they are processed ("data minimisation"), ensuring accuracy, storage limitation, integrity, and confidentiality.

Section 8.3: Rights of Data Subjects

Entities must respect the rights of data subjects as stipulated under GDPR, including the right to access, rectify, erase, restrict processing of personal data, the right to data portability, and the right to object. Entities shall provide mechanisms for data subjects to exercise their rights under GDPR effectively.

Section 8.4: Data Protection Officer

Each entity, where required under GDPR, shall appoint a Data Protection Officer (DPO) to oversee compliance with this regulation, to provide advice where requested, and to act as a contact point for data subjects and the supervisory authority.

Section 8.5: Breach Notification

In the event of a personal data breach, entities must promptly notify the Center and the relevant data protection authority within the timeframes prescribed by GDPR, and where applicable, communicate the breach to the data subjects, particularly if the breach is likely to result in a high risk to their rights and freedoms.

Section 8.6: Role as ADR Entities

In case you are an Entity, you are acting as a joint controller of the data received by the Center.

 

Section 9: Termination

Section 9.1. Termination by Center

This Agreement may be terminated immediately for any reason by the Center.

Any ongoing ADR Process between a Trader and a Consumer may be terminated by the Center.

Section 9.2. Termination by Entity

An Entity may terminate this Agreement immediately. Any ongoing ADR Process assigned to the Entity must however be completed prior to the termination taking effect.

Section 9.3. Termination by Consumer or Trader

The Consumer or Trader may terminate this Agreement or ADR Process, and in such a case the ADR Process shall be terminated immediately. No refunds are payable in case of termination.

Section 9.4. Fees

In case of termination:

1. Any outstanding fees must be paid by the Center to the Entity.
2. Any Settlement Amounts received by the Center must be paid by the Center to the Consumer in accordance with Schedule 1.

 

Article 10: Jurisdiction and Law Applicable

Any dispute relating to this Agreement shall be governed under Cyprus Law and the courts having jurisdiction over such dispute shall be the courts of Cyprus, Nicosia.

 

Article 11: Final Provisions

This Agreement is instituted to promote efficient, transparent, and equitable alternative dispute resolution within the EU Member States, reinforcing the Center's commitment to excellence in ADR services. The provisions herein are binding upon all contracted entities and shall be enforced under the regulatory purview of the Cyprus Center for Alternative Dispute Resolution.

 

 

SCHEDULE 1 - FEE STRUCTURE

Initiation Fee: 20 Euros

Withholding Amount: 20% of the Settlement Amount.

 

SCHEDULE 2 – THE ADR PROCESS

Section 1: Case Initiation and Submission

Consumers are required to submit their disputes through the designated ADR platform operated by the Cyprus Centre for ADR. The submission is subject to various types of disputes, each defined by a specific minimum dispute amounts, as outlined:

1. Consumer Goods: Minimum Dispute Amount €50
2. Education: Minimum Dispute Amount €400
3. Energy and Water: Minimum Dispute Amount €50
4. Financial Services: Minimum Dispute Amount €1000
5. General Services: Minimum Dispute Amount €50
6. Leisure: Minimum Dispute Amount €100
7. Transport: Minimum Dispute Amount €100

To initiate the complaint process, an initial fee of €20 is required. The complaint must be supported by comprehensive documentation, to ensure thorough evaluation, which may include:

1. Contracts or Agreements: Any written agreements, contracts, or terms of service that outline the obligations or promises made by the parties involved.
2. Correspondence: Copies of any written communications between the parties related to the dispute, including emails, letters, text messages, or notes from phone conversations.
3. Receipts and Invoices: Documents that prove purchase or transaction, such as receipts, invoices, or proof of payment.
4. Photographs and Videos: Visual evidence that can support claims about the condition of a product, the quality of a service, or the context in which a dispute arose.
5. Witness Statements: Written accounts from individuals who have direct knowledge of the dispute, which can provide additional perspectives or corroborate facts.
6. Official Reports: If relevant, any reports from third-party professionals, such as inspectors, appraisers, or experts, that can provide objective evaluations related to the complaint.
7. Financial Records: Bank statements or financial documents that illustrate financial transactions or impacts related to the dispute.
8. Product Warranties or Guarantees: Documentation related to warranties or guarantees that may support a claim regarding expectations or promises made by the Trader.
9. Logs and Diaries: Personal logs or diaries kept by the Consumer that chronicle the events leading up to and following the dispute.

Each complaint received is rigorously reviewed by the Cyprus Centre for ADR within seven (7)  days to confirm it meets established eligibility and admissibility criteria. These criteria assess whether: 

1. The dispute is being or has previously been considered by another Entity or by a court;
2. The Consumer attempted to contact the Trader concerned to discuss the complaint and seek, as a first step, to resolve the matter directly with the Trader;
3. The Consumer is submitting the complaint to the Center within one year from the date it arose;
4. The monetary claim is above 50 euros.

Following the submission, Consumers are promptly emailed a confirmation that includes a unique Complaint ID and a summary of their issue.

Section 2: Case Assignment and Notification

Once a complaint qualifies as eligible, the Trader implicated is immediately informed via email, which details the nature of the complaint and the associated procedural steps. Concurrently, an Entity is assigned to the case based on geographical relevance and specific expertise to ensure the most effective handling of the dispute. Both the Consumer and the Trader are notified about the Entity’s credentials and role in the forthcoming mediation process.

If the Trader fails to respond within a designated period of fourteen (14) days, the Cyprus Centre for ADR takes action by notifying both the Consumer and the assigned Entity of this non-response, leading to the administrative closure of the complaint.

Section 3: The ADR Process

The assigned Entity initiates the ADR Process by inviting all involved parties to a secure chat room provided on the Platform, where negotiations will take place primarily in English or another EU official language that all parties can speak. All reports and communications submitted through the Platform must also be in English to maintain consistency and clarity.

During this phase, regular emails are sent to remind parties to check the Platform for new messages or updates, ensuring continuous engagement and transparency throughout the ADR process.

Section 4: Resolution and Closure

When a settlement is reached, the specific details of the agreement, whether it involves a full or partial refund or the issuance of a credit note, are communicated to all parties through email. The Trader is then obligated to process the agreed-upon financial adjustments within fourteen (14) days of this notification.

If a settlement cannot be reached, the case is formally closed, and all parties are informed via email. Additional guidance is provided to the Consumer on possible next steps, which may involve seeking other forms of redress outside the ADR Agreement.