Research Contract Escrow Instructions

We are OSINT Central. This document explain the rules regarding keeping money in escrow in relation to Research Contracts.

We call these rules our Research Contract Escrow Instructions. By we, we mean OSINT Central and our affiliates, which we may also refer to as us.

If a Sponsor and a Researcher enter into a Research Contract, these Research Contract Escrow Instructions (this “Agreement”) apply. For other types of contracts on OSINT Central, other escrow instructions might apply.

This Agreement is part of the Terms of Service. By clicking to accept the Terms of Service on the Site or by continuing to use the Site or the Site Services on or after the effective date noted above, you accept and agree to this Agreement.

To the extent permitted by applicable law, we may modify these Research Contract Escrow Instructions without prior notice to you, and any revisions will take effect when posted on the Site unless otherwise stated. So it’s important you check the site on a regular basis for updates.

To make these terms a little easier to understand, we capitalize certain terms and capitalizing them means they have a special meaning. The definitions section in this document defines some capitalized terms and others are defined throughout the Terms of Service, mainly in the User Agreement (look for quotation marks and bold font).

We don’t hold the funds in escrow ourselves. Funds are kept at one of our contracted partners. So anywhere we say that OSINT Central is holding funds or releasing funds in escrow it means we instruct out partner to do so.

Table of contents

1. Digital signature

By clicking to publish a Researcher Contract as a Sponsor or to accept a Research Contract as a Researcher, Sponsor and Researcher are deemed to have executed this Agreement electronically, effective on the date Sponsor clicks to hire the Researcher.

By executing this Agreement, both Sponsor and Researcher agree to conduct the transaction electronically, and are able to electronically receive, download, and print these Research Contract Escrow Instructions.

Sponsor and Researcher agree that any written communications required in the Agreement may be provided electronically, including by email or support ticket, if applicable. Any communication sent to OSINT Central via physical mail will be deemed timely if received by OSINT Central by the applicable deadline.

2. Funding escrow

By publishing a Research Contract, Sponsor agrees to deposit the full amount of the maximum achievable reward for the contract plus the Sponsor Service Fee (“Research Contract Deposit”).

Sponsor authorizes us to hold the Research Contract Deposit in escrow through the term of the Research Contract and further authorizes us to release funds from the Research Contract Deposit to the Researcher when the Sponsor awards a reward to the Researcher.

If the Sponsor awards more than available in the Research Contract Deposit, Sponsor agrees that we may charge to Sponsor’s Payment Method or Sponsor will otherwise deposit additional funds into the Sponsor Escrow Account to fund the amount due.

3. Release and delivery of amounts in escrow

Sponsor and Researcher irrevocably authorize and instruct us to release applicable portions of the funds held in relation to the Research Contract (each portion, a “Release”) to the Researcher Escrow Account or Sponsor Escrow Account, as applicable, based on the instructions described in this Section 3 (each such instruction, a “Release Condition”), or as otherwise required by applicable law or expressly permitted by the Terms of Service.

The amount of each Release will be delivered to the applicable Escrow Account in accordance with Researcher’s or Sponsor’s instructions, these Escrow Instructions, and the other Terms of Service.

All funds released pursuant to these Escrow Instructions are subject to applicable fees as described in the Fee Agreement.

3.1 Release of funds to Researcher

Researcher and Sponsor authorize and instruct us to immediately release funds to the Researcher Escrow Account on the occurrence of any of the following Release Conditions, such authorization and instruction to be irrevocable except as expressly provided in these Escrow Instructions:

Sponsor affirmatively selects the option to award a reward to Researcher.
Sponsor does not take any action for 14 calendar days from the date of Researcher’s Release request, in which case Researcher and Sponsor agree that we are authorized and instructed to immediately release to Researcher the unpaid part of the maximum achievable reward amount associated with the Research Contract in connection with such Release request.
Sponsor has declined Arbitration or failed to make its Arbitration Payment (defined below) pursuant to the Dispute Assistance Program, and Researcher has agreed to Arbitration and submitted its Arbitration Payment.
Sponsor has failed timely to respond to a Notice of Dispute (defined below) or otherwise failed to comply with the Dispute Assistance Program, as required by the Escrow Disputes Team.
Submittal of a final award of an arbitrator appointed pursuant to the Dispute Assistance Program in favor of Researcher or to the extent the award is in favor of Researcher.
Issuance of an order by a court, arbitrator, or other judicial body of apparent competent jurisdiction in favor of Researcher, in whole or in part, to the extent required by the order.
A condition to release funds to Researcher described elsewhere in these Escrow Instructions applies.

Researcher and Sponsor authorize and instruct us to immediately release funds to the Sponsor Escrow Account on the occurrence of any of the following Release Conditions, such authorization and instruction to be irrevocable except as expressly provided in these Escrow Instructions:

Researcher cancels the Researcher Contract or accepts Sponsor’s request to cancel the Research Contract (as described in Section 3.3), and funds for the Research Contract are held in Escrow.
Sponsor and Researcher agree to close the Researcher Contract without release of funds to the Researcher Escrow Account.
Researcher has declined Arbitration or failed to make its Arbitration Payment pursuant to the Dispute Assistance Program.
Researcher has failed to timely respond to a request for a refund submitted through the platform, Notice of Dispute, or otherwise failed to comply with the Dispute Assistance Program, as required by the Escrow Disputes Team.
Submittal of a final award of an arbitrator appointed pursuant to the Dispute Assistance Program in favor of Sponsor or to the extent the award is in favor of Sponsor.
Issuance of an order of a court, arbitrator, or other judicial body of apparent competent jurisdiction in favor of Sponsor, in whole or in part, to the extent required by the order.
A condition to release funds to Sponsor described elsewhere in these Escrow Instructions applies.

3.3 Refunds and cancellations

Sponsor and Researcher are encouraged to come to a mutual agreement if refunds and cancellations are necessary. If there are no funds in Escrow, Sponsor and Researcher have the ability to cancel the Research Contract by clicking to close the Research Contract. If funds are held in Escrow, refunds and cancellations must be initiated by Sponsor or Researcher by following the steps in this Section.

3.3.1 Cancellations by Researcher

If Researcher wants to cancel a Research Contract with funds held in Escrow, Researcher must select “End Contract” on the OSINT Central platform. When Researcher ends the Research Contract on the OSINT Central platform, Researcher and Sponsor agree that OSINT Central is authorized and irrevocably instructed to immediately release to the Sponsor Escrow Account all funds held in Escrow on the Researcher Contract at that time.

Researcher may issue a (partial) refund to Sponsor for each reward received in the past 180 days by selecting “Give a Refund” on the OSINT Central platform. By selecting the option to give a refund, Researcher agrees that we are authorized and irrevocably instructed to immediately release to the Sponsor Escrow Account all Escrow funds currently held in the Researcher Escrow Account and such funds as may be placed into the Researcher Escrow Account once the funds are available, until the entire refund is provided to Sponsor.

If the Researcher refunds more than currently available in the Research Escrow Account, Researcher agrees that Researcher will otherwise deposit additional funds into the Researcher Escrow Account to fund the amount due.

3.3.2 Cancellations by Sponsor

If Sponsor wants to cancel a Research Contract with funds held in Escrow, Sponsor must select “End Contract” on the OSINT Central platform. Researcher must select the option to either approve or dispute Sponsor’s cancellation within 7 calendar days.

If Researcher approves the cancellation, Researcher and Sponsor agree that we are authorized and irrevocably instructed to immediately release to the Sponsor Escrow Account all funds held in Escrow for the Research Contract at that time.

If Researcher is using the Site on a mobile device and does not have the ability to select the option to approve or dispute the cancellation on the mobile website or application, Researcher must dispute Sponsor’s cancellation via support ticket within 7 calendar days.

If Researcher takes no action within 7 calendar days from the date notification of the cancellation is sent to Researcher by us, Researcher and Sponsor agree that we are authorized and irrevocably instructed to immediately release to the Sponsor Escrow Account all funds held in Escrow on the Research Contract at that time.

If Researcher disputes the cancellation, Researcher and Sponsor will be offered OSINT Central Dispute Assistance (as described in Section 5).

3.4 Violation of OSINT Central Terms of Service or law

Researcher and Sponsor acknowledge and agree that if, in our sole discretion, we believe that fraud, illegal activity, or a violation of the Terms of Service has been committed or is being committed or attempted, then Sponsor and Researcher irrevocably authorize and instruct us to take such actions as deemed appropriate, in our sole discretion and in accordance with applicable law, in order to prevent or remedy such acts, including without limitation, to return the funds associated with such acts to their source of payment, as further described in Section 6.3 of the User Agreement.

This Section 3.4 allows us—as permitted by law but otherwise in its sole discretion—to return funds to Sponsor’s Payment Method, continue to hold funds in Escrow, release funds to the Researcher Escrow Account, or to turn funds over to third parties such as law enforcement.

4. Instructions irrevocable

Sponsor and Researcher are deemed to and hereby agree that the instruction to us to release funds is irrevocable, except as explicitly provided in these Escrow Instructions. Without limiting the foregoing, Sponsor’s instruction to us to release payment to Researcher is irrevocable. Such instruction is Sponsor’s authorization to transfer funds to the Researcher Escrow Account from the Sponsor Escrow Account or authorization to charge Sponsor’s Payment Method. Such instruction is also Sponsor’s representation that Sponsor has received, inspected, and accepted the subject work or expense.

Sponsor acknowledges and agrees that upon receipt of Sponsor’s instruction to release payment to the Researcher Escrow Account, we will transfer funds to the Researcher Escrow Account and that we have no responsibility to and may not be able to recover such funds. Therefore, and in consideration of the services described in these Escrow Instructions and the Terms of Service, Sponsor agrees that once we have charged Sponsor’s Payment Method, the charge is non-refundable.

Sponsor and Researcher further agree that the only manner in which an instruction to us is revocable is if Sponsor and Researcher have jointly submitted supplemental escrow instructions in writing and signed by both Sponsor and Researcher to us at legal@osint-central.com requesting that we take specific action with respect to the funds in its possession, and we have agreed to the supplemental escrow instructions.

5. Dispute Assistance Program

If Sponsor and Researcher fail to come to a mutual resolution by way of the Refund and Cancellation process as stated in Section 4.3, we provide the dispute assistance program administered by us and described in this Section 5 (the “Dispute Assistance Program”) as a mechanism to resolve the dispute.

If the funds in dispute are held in Escrow, the Dispute Assistance Program will proceed as described in Section 5.1. If the funds in dispute have been released, the Dispute Assistance Program will proceed as described in Section 5.2.

The Dispute Assistance Program is not available for disputes filed or initiated past the Dispute Assistance deadlines, as set forth in Sections 5.1 and 5.2, as applicable.

The Dispute Assistance Program is offered as a form of non-binding assistance to facilitate communication and potential resolution of disputes between sponsors and researchers.

5.1 Dispute of funds in escrow

This Section applies to disputes filed by Sponsors or Researchers over funds that are held in Escrow as of the date the dispute is filed (“Escrow Dispute”). The scope of the Escrow Dispute may cover the entirety of the Research Contract and all rewards previously funded, approved, and released.

In the event of an Escrow Dispute, funds in Escrow will remain in Escrow while the Dispute Assistance Program or Arbitration, as applicable, is being administered.

The Dispute Assistance Program for an Escrow Dispute will be administered as set forth below:

Escrow Dispute Assistance Deadline: Escrow Disputes must be initiated before the funds in Escrow have been released in order to be eligible for the Dispute Assistance Program under this Section. Disputes over funds that have been released from Escrow may be eligible for the Dispute Assistance Program, as described more fully below in Section 5.2.
Filing A Dispute
1. Researchers & Agencies: Researchers and Agencies may initiate an Escrow Dispute when a Sponsor ends the contract or a Sponsor fails to release a reward payment, despite any purported delivery of work.
2. Sponsors: Sponsors may initiate an Escrow Dispute by closing the Research Contract on the platform. If the Researcher or Agency disputes the closing of the Research Contract, the case will be referred to the Dispute Assistance Program.
Notice of Escrow Dispute: Once a dispute has been filed, our Escrow dispute team that administers the Disputes Assistance Program (“Escrow Disputes Team”) will notify Sponsor and Researcher in writing of the Escrow dispute via ticket and request information and supporting documentation from the parties (“Notice of Escrow Dispute”).
Lack of Participation: Sponsor and Researcher must respond to the Notice of Escrow Dispute within 5 calendar days. If one party does not timely respond to the Notice of Escrow Dispute, Sponsor and Researcher agree that the lack of timely response acts as an irrevocable authorization and instruction to us to release the funds in Escrow from the non-responding party to the responding party.
Non-Binding Assistance: After both Sponsor and Researcher respond to the Notice of Escrow Dispute, the Escrow Disputes Team will review the documentation submitted and any information available on the Site that pertains to the dispute. The Escrow Disputes Team will facilitate communication between the parties and help assess whether mutual resolution is possible. The Escrow Disputes Team cannot render binding judgment or determination as to the parties’ respective rights to the disputed funds.
Resolution of Escrow Dispute: If the Escrow Disputes Team is able to facilitate a resolution between Sponsor and Researcher, and if Sponsor and Researcher agree in writing to the resolution, Sponsor and Researcher agree that we are authorized and irrevocably instructed to immediately release Escrow funds in accordance with the agreed-upon resolution. This will result in a closure of the Escrow dispute ticket.
No Resolution: If no resolution of the Escrow dispute has been reached within 21 calendar days of the Notice of Escrow Dispute, or if the Escrow Disputes Team determines in its sole discretion that no resolution between the parties is possible through the Dispute Assistance Program, the Escrow Disputes Team will issue a “Notice of Non-Resolution” and the Escrow dispute will be referred to Arbitration, as set forth in Section 6 below.

5.2 Dispute of funds released

This Section applies to disputes filed by Sponsors or Researcher over funds that have been released from Escrow as of the date the dispute is filed (“Dispute Mediation”). The scope of the Dispute Mediation may cover any portion of or the entirety of the Research Contract and any reward previously funded, approved, and released. The Dispute Assistance Program for Dispute Mediation will be administered as set forth below:

Dispute Mediation Deadline: Dispute Mediation must be initiated within 30 calendar days of the date that funds in Escrow have been released to the Researcher in order to be eligible for the Dispute Assistance Program under this Section 5.2. Any dispute over funds that have been released from Escrow more than 30 days prior to the date the dispute is filed is no longer eligible for submission to the Dispute Assistance Program.
Initiating Dispute Mediation:
1. Requesting a Refund: Sponsors may initiate Dispute Mediation for disputes over funds that have been released from Escrow by requesting a refund on the platform. If the Researcher rejects the request for a refund, grants a partial refund that is subsequently rejected by the Sponsor, or takes no action, the dispute will be referred to the Dispute Assistance Program.
2. Contacting Support: In addition to the above method, any User may contact OSINT Central Support for assistance initiating Dispute Mediation.
Notice of Dispute Mediation: Once a dispute has been initiated, our Dispute Mediation team (“Dispute Mediation Team”) will notify Sponsor and Researcher of the Dispute Mediation in writing and request information and supporting documentation from the parties (“Notice of Dispute Mediation”). Sponsor and Researcher must respond to the Notice of Dispute Mediation within 5 calendar days. Failure to respond to the Notice of Dispute Mediation within 5 calendar days will result in the suspension of the non-participating party’s User account, as defined in Section 1.4 of the User Agreement, which may impact the non-participating party’s ability to withdraw funds.
Non-Binding Assistance: Once both Sponsor and Researcher respond to the Notice of Dispute Mediation, the Dispute Mediation Team will review the documentation submitted and any information available on the Site that pertains to the dispute. The Dispute Mediation Team will facilitate communication between the parties and help assess whether mutual resolution is possible. The Dispute Mediation Team cannot render binding judgment or determination as to the parties’ respective rights to the disputed funds.
Resolution of Dispute Mediation: If the Dispute Mediation Team is able to facilitate a resolution between Sponsor and Researcher, and if Sponsor and Researcher agree in writing to the resolution, the Dispute Mediation Team will send the applicable party instructions on transferring payment, if any, to an Escrow Account. By agreeing in writing to the resolution, Sponsor and Researcher agree that we are authorized and irrevocably instructed to immediately release Escrow funds in accordance with the agreed-upon resolution. This will result in the closure of the Dispute Mediation ticket.
No Resolution: If no resolution of the dispute has been reached within 21 calendar days of the Notice of Dispute Mediation, or if the Dispute Mediation Team determines in its sole discretion that no resolution between the parties is possible through the Dispute Assistance Program, the Dispute Mediation Team will issue a “Notice of Non-Resolution,” and the dispute will be referred to Arbitration, as set forth in Section 7 below.

6. Arbitration

After a “Notice of Non-Resolution” is issued from our Dispute Assistance Program, Researcher and Sponsor each has the right to demand Arbitration of a Research Contract.

The demand for Arbitration must be communicated to the Escrow Disputes Team or Dispute Mediation Team, as applicable, within 7 calendar days of the date of the Notice of Non-Resolution.

In any Arbitration, each of you and the other User is a “Dispute Party,” and collectively you are the “Dispute Parties.”

Any Arbitration under this Section 6 will be conducted by a neutral Dutch third-party arbitration service selected by us.

Sponsor and Researcher will receive the applicable rules and fees after demanding Arbitration.

6.1 Arbitration initiation procedure

Notice of Arbitration Demand: Sponsor and Researcher have 7 calendar days after receiving the Notice of Non-Resolution to notify us via a dispute ticket of their intent to initiate Arbitration. Our Dispute Team will then provide a “Notice of Arbitration Demand” to both Sponsor and Researcher and provide the Dispute Parties with information on how to submit Sponsor’s or Researcher’s applicable portion of the costs of Arbitration (the “Arbitration Payment”). To proceed with Arbitration, Sponsor and Researcher must each make the Arbitration Payment within 5 calendar days of the Notice of Arbitration Demand.
OSINT Central Escrow Disputes:
1. Rejection of Arbitration or non-participation by both parties: If both Dispute Parties decline to take the matter to Arbitration or do not make the Arbitration Payment within 5 calendar days of the Notice of Arbitration Demand, Sponsor and Researcher agree that we are authorized and irrevocably instructed to immediately release the funds in Escrow, if any, to the Sponsor’s primary payment method on file. This will close the Escrow Dispute ticket.
  
  To the extent the parties wish to take legal action to enforce their contractual rights, we may provide contact information on file for Sponsor or Researcher, consistent with our Privacy Policy.
2. Rejection of Arbitration or non-participation by one party: If one party elects to take the matter to Arbitration and has submitted the Arbitration Payment (“Participating Party”), and the other party rejects Arbitration, fails to submit the Arbitration Payment or does not respond within 5 calendar days of the Notice of Arbitration Demand (“Non-Participating Party”), Researcher and Sponsor agree that we are authorized and irrevocably instructed to immediately release the funds in Escrow, if any, to the Participating Party. This will close the Escrow Dispute ticket.
  
  To the extent the parties wish to take legal action to enforce their contractual rights, we may provide contact information on file for Sponsor or Researcher, consistent with our Privacy Policy.
OSINT Central Dispute Mediation
1. Rejection of Arbitration or non-participation by both parties: If both Dispute Parties decline to take the matter to Arbitration or do not respond to our Notice of Arbitration Demand within 5 calendar days, the Dispute Mediation ticket will be closed.
  
  To the extent the parties wish to take legal action to enforce their contractual rights, we may provide contact information on file of Sponsor or Researcher, consistent with our Privacy Policy.
2. Rejection of Arbitration or non-participation by one party: If one party elects to take the matter to Arbitration and has submitted the Arbitration Payment, and the other party rejects Arbitration, fails to submit the Arbitration Payment or does not respond within 5 calendar days of the Notice of Arbitration Demand, we will suspend the Non-Participating Party’s User account, as defined in Section 1.4 of the User Agreement, which may impact the Non-Participating Party’s ability to withdraw funds.
Arbitration Instructions: If both parties timely submit the Arbitration Payment, we will instruct the parties on the process for initiating the Arbitration with the Arbitration service provider. After the parties have initiated the Arbitration, we will provide the arbitrator with relevant documentation, including information collected in the Escrow Dispute or Dispute Mediation process and contents of the Contract Room. The scope of Arbitration may cover the entirety of the Research Contract and all rewards previously funded, approved, and released.

6.2 Authorization to collect arbitration fees

When you electronically authorize payment of the invoice for the Arbitration Payment as emailed to you by us, you irrevocably authorize and instruct (i) OSINT Central or its Affiliates, as your agent, to charge your Payment Method for the amount of the payment for credit to your Escrow Account; and (ii) OSINT Central, as escrow agent, to immediately release that amount from your Escrow Account to pay for the Arbitration Payment.

If we or our Affiliates cannot collect sufficient funds to fulfill the Escrow release instructions for any reason, we have no obligation with respect to making the payment on your behalf, and you will be considered as not having paid the Arbitration Payment as required by this Section 6.2.

6.3 Limitations period for arbitrations

If both Sponsor and Researcher fail to demand Arbitration within 7 calendar days of the Notice of Non-Resolution, fail to timely submit the Arbitration Payments, or fail to respond to the Notice of Arbitration Demand within 5 calendar days, then the dispute is no longer eligible for Arbitration under this process, and Sponsor and Researcher will be deemed to have irrevocably authorized and instructed us, and we will, release all funds left in the Research Contract to the Sponsor’s Escrow Account.

6.4 Arbitration award

Sponsor and Researcher agree that the arbitrator is authorized to decide the Escrow Dispute or Dispute Mediation within its discretion. You agree that the arbitrator’s award is final, that it may be entered in and enforced by any court of competent jurisdiction, and that if the arbitrator delivers notice of any award to us, then we have the right to treat such notice as conclusive and act in reliance thereon.

7. Service fees for escrow funds released following dispute assistance

All Escrow funds released under the Dispute Assistance Program are subject to the normal Service Fees associated with Escrow Accounts, as detailed in the User Agreement and these Escrow Instructions.

8. Notices

All notices to a User required by these Escrow Instructions will be made via email sent by us to the User’s registered email address.

Users are solely responsible for maintaining a current, active email address registered with us, for checking their email and for responding to notices sent by us to the User’s registered email address.

9. Cooperation with the Dispute Assistance Program

All claims, disputes or other disagreements between you and another User that are covered by the Dispute Assistance Program must be resolved in accordance with the terms in the Dispute Assistance Program.

All claims filed or brought contrary to the Dispute Assistance Program will be considered improperly filed, unless otherwise required by law, and we will have the right to take any other action, including suspension or termination of your User Account, as defined in Section 1.4 of the User Agreement, which may impact your ability to withdraw funds, and any other legal action as we deem appropriate in our sole discretion.

10. Abuse

We, in our sole discretion, reserves the right to suspend or terminate your User Account, as defined in Section 1.4 of the User Agreement, immediately upon giving notice to you if we believe you may be abusing the Dispute Assistance Program or as otherwise permitted by the Terms of Service, which may impact your ability to withdraw funds.

However, any disputes for any Research Contracts that existed prior to termination will be subject to the Terms of Service.

11. No responsibility for services or payments

We merely provide a platform for Internet payment services. We do not have any responsibility or control over the Research Services that Sponsor contracts and rewards.

Nothing in this Agreement deems or will be interpreted to deem us as Sponsor’s or Researcher’s agent with respect to any Research Services, or expand or modify any warranty, liability or indemnity stated in the Terms of Service. For example, we do not guarantee the performance, functionality, quality, or timeliness of Research Services or that a Sponsor can or will make payments.