Just to caveat this before the draft: I am not a legal practitioner, so this is not intended as legal advice or as a claim that the wording is legally bulletproof in any formal sense. This is my best understanding of how the system works based on what I've read in the guide, the discussion here, and your clarification.
Apologies in advance if I've misunderstood any part of the actual mechanics or intended policy. You know the underlying system and its implementation better than I do, so I'd suggest treating the following as a proposed wording exercise rather than something to apply verbatim. I'd recommend thinking through the draft against the actual mechanisms before making any changes, and adjusting or removing anything that doesn't accurately reflect how the system actually operates.
The main thing I'm trying to do with the wording below is make the logical relationships explicit: define the triggering conditions, the resulting consequence, and the conditions under which that consequence does not apply, rather than leaving those relationships implicit in a single procedural sentence.
The degree of "legalisemaxxing" can obviously be adjusted depending on the preferred balance between natural-sounding language and minimizing ambiguity. The more defensive version will inevitably be somewhat stiff and redundant in places, but that's partly intentional. The idea is to fortify the same intended meaning through explicit conditions, exclusions, decision authority, and separately stated consequences, so that the interpretation doesn't depend on inference. Legal drafting techniques are useful here because they have evolved around adversarial interpretation: rather than assuming a reader will infer the intended relationship between clauses, they try to make the conditions and consequences explicit enough that the text remains robust even when examined by someone actively looking for an alternative interpretation.
Minimum clarifications
Disputes:
If the buyer wins the dispute on fair grounds, the mediator alerts the bond holder, who refunds the buyer using the bonded funds. If the bonded amount is less than the order amount, the buyer receives a partial refund. If the bonded amount is greater than or equal to the order amount, the buyer receives a full refund.
If no misconduct or deliberate abuse of the bond system is detected, any bonded funds remaining after the refund are unaffected and remain part of the bond.
The mediator has sole discretion to determine whether misconduct or deliberate abuse of the bond system occurred. In making this determination, the mediator may consider the circumstances and evidence of the dispute, the conduct of the parties, and the bond holder's reputation and trading history. A buyer winning a dispute on fair grounds, without any detected misconduct or deliberate abuse, does not by itself constitute grounds for forfeiture of the remaining bonded funds.
If the mediator determines that the dispute involved deliberate abuse of the bond system, such as an obvious scam attempt or other serious misconduct, any remaining bonded funds may be forfeited to the bond holder.
Fees:
There are only two fees associated with bond insurance that are paid by the seller: the deposit fee and the renewal fee.
There are no additional listing fees, order fees, or mediation fees charged to the traders in connection with a bonded order.
The bond mediator still receives the normal mediation fee applicable to a bonded order. This mediation fee is paid by the bond holder and is not charged to the buyer or seller as an additional fee.
----------------------------------------------------------------------------------------------------
More comprehensive / legal-style version
The following is essentially the same clarification, but structured more defensively so that the conditions and consequences are explicit and difficult to interpret independently of one another. This is the version I'd consider if the priority is minimizing ambiguity rather than keeping the guide as concise and natural-sounding as possible.
Bond Insurance
Bond insurance allows a seller to deposit funds as a bond that can be used to cover refunds arising from disputes involving the seller's orders.
The bond holder is the seller who deposited the bond. The bonded funds are the funds deposited as the bond and are separate from the seller's ordinary account balance.
Disputes and Refunds
If the buyer wins the dispute on fair grounds, the mediator alerts the bond holder, who refunds the buyer using the bonded funds. If the bonded amount is less than the order amount, the buyer receives a partial refund. If the bonded amount is greater than or equal to the order amount, the buyer receives a full refund.
If no misconduct or deliberate abuse of the bond system is detected, any bonded funds remaining after the refund are unaffected and remain part of the bond.
The bond mediator has sole discretion to determine whether misconduct or deliberate abuse of the bond system occurred. This determination is made based on the circumstances and available evidence of the dispute, including the conduct of the parties and, where relevant, the bond holder's reputation and trading history.
A buyer winning a dispute on fair grounds, without any detected misconduct or deliberate abuse, does not by itself constitute grounds for forfeiture of the remaining bonded funds.
If the mediator determines that the dispute involved deliberate abuse of the bond system, such as an obvious scam attempt or other serious misconduct, any remaining bonded funds may be forfeited to the bond holder.
For the avoidance of doubt, a refund and a forfeiture are separate consequences. A refund uses the bonded funds to compensate the buyer. Forfeiture is a separate consequence that applies only when the applicable conditions for forfeiture have been met.
Bond Expiration and Renewal
Each bond has an expiry date and a renewal period.
The seller may renew or withdraw the bond during the renewal period, subject to the applicable terms.
If the seller does not renew or withdraw the bond before the renewal period ends, the bonded funds are forfeited to the bond holder. This forfeiture occurs because the bond was not renewed or withdrawn before expiration and is separate from any forfeiture resulting from a dispute.
Fees
There are only two fees associated with bond insurance that are paid by the seller: the deposit fee and the renewal fee.
There are no additional listing fees, order fees, or mediation fees charged to the traders in connection with a bonded order.
The bond mediator still receives the normal mediation fee applicable to a bonded order. This mediation fee is paid by the bond holder and is not charged to the buyer or seller as an additional fee.
Interpretation
Where this guide specifies a condition for a refund, forfeiture, fee, renewal, withdrawal, or other consequence, that consequence applies only under the conditions expressly stated for it.
The occurrence of one event described in this guide does not, by itself, create an additional consequence unless that consequence is expressly provided for by the applicable provision.
Edited: Aug 21 11:55