Quote:
Originally Posted by BigPig
Both parties agreed that 100% of rakeback goes towards the stake and split accordingly. On Skype we said that we would get RB at the end of each month, though the contract doesn't mention that.
Oops, I thought your stable is solid
Fortunately, if he applied through your official site, he accepted your T&C's doing so, and they say that the horse should redeem points at the end of each month or add their cash equivalent and this money is added to the profit; the T&C's force profit splits
monthly, you can do them retroactively and the case is won for you.
As his MU in May-July was close to zero, half his RB for that period is rightfully yours in this case. (I assume from your post that he lost those $3.3K in August, in which case no part of his May-July RB annihilates with the MU, he's still deemed $3.3K down and should refund half the RB out of his pocket; if he was already in a $3.3K MU by the beginning of May, then his entire RB annihilates with it and he ends up being in a $800 MU then, as your T&C's say that the MU carries over to the next month).
The RB amount dispute can be solved by making him show the point accumulation history in the cashier while sharing his screen (or just send screenshots if you're sure he can't Photoshop
).
A staking contract must foresee all scenarios, like a prenup
, especially splits when one of the sides ends the deal prematurely or fails to meet its liabilities like this:
Quote:
Originally Posted by BigPig
he has admitted to playing after a night out.
It depends on what the contract says about lapses of discipline; I think that by default it would be fair to treat this as if he was playing on an ordinary loan outside the stake that night; you have the right to absorb no losses of his from that night but should take no share of his then profit as well. I mean, if he lost then, his MU should be increased by the amount lost, and his name should appear in the negative feedback thread if he fails to refund the loss from that night soon; but if he won then, his MU should
not be lowered.
Last edited by coon74; 08-13-2013 at 02:16 AM.
Reason: Monthly splits are indeed enforced :)