Anti-Bypass Policy - Posh Celebration

Anti-Bypass Policy

Effective date: 1st October 2025
Contact: legal@poshcelebration.com

1. Purpose & Scope

This Policy protects the integrity of the Posh Celebration platform (the “Platform”), ensuring that Hosts and Vendors who discover or engage each other through the Platform do not circumvent Platform processes, fees, or safeguards (escrow, SLAs, dispute support).

This Policy applies to all users (B2C/B2B Hosts, Vendors, planners, their employees/agents) and to all communications relating to Platform opportunities—on or off Platform (email, phone, WhatsApp, social, in-person).

2. Key Definitions

  • Host: a buyer (individual or corporate) requesting/booking services.
  • Vendor: a service provider (e.g., venue, décor, catering, AV, photography, entertainment, planning).
  • Introduction: when a Host and Vendor first connect via the Platform (lead/brief shared, proposal viewed, call or meeting scheduled, or contact info masked/bridged).
  • Bypass / Circumvention: arranging or accepting payment off-Platform for services that were introduced via the Platform, or steering a user to cancel and re-book off-Platform.
  • Non-Circumvention Period: 12 months from the later of:
    (a) the first Introduction via the Platform, or
    (b) the last Platform-mediated message/quote/meeting between the same Host–Vendor pair.

3. What’s Prohibited

During the Non-Circumvention Period, without Posh’s written approval, you must not:

  1. Share or solicit direct contact details (personal phone, email, socials) for the purpose of transacting off-Platform before a booking is secured with escrow.
  2. Accept or request off-Platform payment, deposits, or POs for Platform-introduced opportunities.
  3. Incentivize bypass (e.g., “5% discount if you pay me directly,” “cancel on Posh and I’ll do it for less”).
  4. Divert a Platform lead to another entity you control (or subcontract) to avoid commission.
  5. Forward Platform leads or briefs to third parties to close off-Platform.
  6. Mask or mislabel transactions to appear unrelated to the Platform when they are directly traceable to a Platform Introduction.

4. What’s Allowed (Common-Sense Exceptions)

  • Pre-existing relationships. If a Host and Vendor already had a relationship before the Introduction, register it with Posh within 7 days of the first Platform interaction (evidence: past invoice/PO/email) and you may proceed off-Platform for that relationship.
  • Emergency continuity. If the Platform is unavailable at the time of critical payments or the event, you may complete the transaction directly provided you notify Posh within 24 hours and remit the Platform’s usual commission within 5 business days.
  • Corporate procurement rules. If a corporate Host’s policy requires direct vendor payment or a specific system (e.g., Ariba/Coupa), Posh will enable escrow/milestone bridging or issue a Platform-of-Record invoice. The Host remains responsible for the Posh commission and fees.
  • Enterprise/Framework agreements. Written enterprise terms approved by Posh may supersede this Policy.

5. Communication & Masking Rules

  • Use Platform messaging and masked/bridged calls for scoping until a booking is confirmed in escrow.
  • Quotes and run-sheets may include watermarked details and structured identifiers; do not remove watermarks or identifiers.
  • After escrow is set, Posh may share operational contact details to deliver the event (still subject to this Policy).

6. Remedies for Bypass (Enforcement)

Posh may take one or more of the following, reasonably and proportionately:

  1. Withhold or claw back payouts related to the bypassed opportunity.
  2. Administrative review fee for investigation/processing is subject to determination per case.
  3. Liquidated damages equal to the commission that would have applied to the bypassed transaction(s), plus reasonable costs incurred to investigate and enforce (not a penalty; a good-faith estimate of Posh’s losses).
  4. Ranking & visibility penalties, delisting, account suspension/termination.
  5. Legal action for damages and injunctive relief in serious or repeated violations.

Note: If a Host and Vendor wish to work off-Platform during the Non-Circumvention Period (e.g., long-term retainer), they may request a written Buy-Out/Opt-Out from Posh. The fee is typically the standard take-rate applied to the projected 12-month value of the relationship (mutually agreed forecast, capped reasonably).

7. Evidence & Review Process

To evaluate potential bypass, Posh may rely on: Platform logs, quote watermarks, call bridges, time-stamped files/photos, escrow and payout records, delivery photos, and submitted evidence from either party.

Process:

  • Acknowledgment within 1 business day
  • Initial decision within 10 business days (complex cases may require more time)
  • Appeals accepted within 7 days of decision with additional evidence

8. Vendor-Specific Obligations

  • Vendors must report if a Host asks to transact off-Platform during the Non-Circumvention Period.
  • Vendors must ensure subcontractors or affiliate entities they use also comply with this Policy.
  • Vendors agree that Posh may offset amounts owed (e.g., liquidated damages) against current or future payouts where permitted by law.

9. Host-Specific Obligations

  • Hosts must not solicit off-Platform quotes or payment from Vendors introduced via the Platform during the Non-Circumvention Period.
  • Hosts agree that any enterprise procurement constraints will be flagged early so Posh can route via compliant escrow/milestone flows (commission still applies).

10. Benefits of Staying On-Platform (Why This Exists)

  • Escrow protection & T+3 payouts.
  • SLA/NPS governance, dispute support, and replacements if a Vendor fails.
  • Consolidated invoicing for corporate Hosts.
  • Visibility & ranking benefits for Vendors who complete orders on-Platform.

11. Data Privacy

Communications reviewed in enforcement are handled under the Privacy Policy and only to the extent needed to investigate policy violations, fraud, or safety concerns.

12. Survival, Changes & Law

  • Survival. This Policy survives account termination for any introductions already made while the account was active.
  • Changes. We may update this Policy; the updated version will be posted with a new effective date.
  • Governing Law & Venue. Laws of Bangladesh; exclusive venue Dhaka courts (statutory consumer rights in other jurisdictions remain unaffected).

13. Quick Examples (Non-Binding Guidance)

  • OK: “We worked with this Vendor last year off-Platform” → register it within 7 days → allowed.
  • Not OK: “Cancel on Posh; I’ll give a 10% discount direct.” → bypass; enforcement applies.
  • OK with notice: Platform outage; Host pays Vendor to save the event → notify within 24 hours; remit Posh commission.
  • Not OK: Vendor forwards a Posh lead to a sister company to bill directly → bypass.

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