Last Updated: 5th Dec 2021
Please read these terms and conditions carefully before using our services.
www.outchimp.com is a photography and videography contents outsourcing platform from freelancers and professionals. It is solely owned by Outchimp Enterprise, Bangladesh
Interpretations and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purpose of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where ‘control’ means ownership of 50% or more of the shares, equity interests or other securities entitled to vote for election of directors or other managing authority.
- Buyers are referred to the users who are purchasers of the services on the website.
- Country refers to: Bangladesh
- Company (referred to as either ‘the Company, ‘We’, ‘Us’ or ‘Our’ in this agreement) refers to Outchimp Enterprise Dhaka.
- Device means any device that can access the service such as a computer, a cellphone or a digital tablet.
- Sellers are referred to as the content creators who are selling their contents on the website.
- Service refers to the website
- Terms and Conditions (also referred as ‘Terms’) means these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the service.
- Third-Party Social Media Service means any service or content (including data, information, products or service) provided by a third-party that maybe displayed, included or made available by the Service.
- Website refers to Outchimp.com, accessible from http://www.outchimp.com
- You means the individual accessing or using the service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this service and the agreement that operates between you and the company. These terms and conditions set out the rights and obligations of all users regarding the use of the service.
Your access to and use of the service is conditioned on your acceptance of and compliance with these terms and conditions. These Terms and Conditions apply to all visitors, users and other who access or use the service.
By accessing or using the service you agree to be bound by these terms and conditions. If you disagree with any part of these Terms and Conditions then you may not access the service.
You represent that you are over the age of 15. The company does not permit those under 15 to use the service.
For the security of payments, users are allowed to transact payments only through Outchimp website only. Trying to solicit or using other methods of payment than the ones allowed within the website is prohibited. Users may face with permanent suspension if such a situation arises.
- Sellers will register an account mentioning all the required details. It is mandatory to provide a copy of NID/Passport, Bank details or MFS (Mobile Financial Services) details such as Bkash, Rocket etc. to receive their incomes.
- Sellers will create packages mentioning their skills, tags, device etc. including cover pictures and samples and price.
- Sellers may also offer customized packages as per buyers’ requirement after discussing with a potential buyer. Sellers may also bid for jobs posted by random buyers in the job posts section.
- Upon accepting the Order Sheet, buyer must deliver the content/contents (No. of contents, file format, contents itself etc.) according to the order data within the submission deadline period otherwise order will be cancelled and seller will receive a bad review.
- Seller may request for a time extension only once and buyer may accept it (Time expiration can be changed only one time by buyer from their account).
- Sellers are encouraged to deliver their completed works through the websites ‘Deliver Contents’ in the Order page.
- Sellers may also deliver contents through other sources and get buyers ‘Delivery Received’ clicked at your own responsibility. In this case Outchimp will not have any evidence of whether the contents were actually delivered. It is important that the Buyer clicks ‘Delivery Received’.
- Once the buyer has clicked ‘Delivery Received’, 80% of the agreed purchase amount will be added to the seller’s account.
- If the buyer has not confirmed ‘Delivery Received’ within 5 days from the day of Order expiration period then 95% of the agreed purchase amount will be added to the seller’s account.
- For withdrawals through Sellers MFS (Mobile financial services), withdrawal charges will be deducted by the MFS operator (as per standard rates) upon cash out.
- Seller may ask for withdrawal from Outchimp twice a month and minimum withdrawal amount is Tk. 6000.
- A 5% fee is charged by the website from each transaction amount before seller receives it in in their Outchimp account. The 5% fee is associated with Outchimp administrative costs, third party payment service providers cost, server charges, advertising and promotional costs.
- Sellers must check the contents for malicious contents in the files before sending sample or final file to the buyers.
- Buyers will sign up for an account giving details required by the website.
- Providing a mobile phone number and valid email address is mandatory even if registered through social network (such as facebook, Google etc.) accounts.
- Buyers post a job mentioning the budget, delivery time, description of works, tags, skills etc. and wait for potential sellers to bid for the task.
- Buyers may also search any category, skills or sellers available on the website and communicate with them to proceed further for ordering the service.
- Once the buyer has clicked ‘Order’ button and order is accepted by the buyer, the website will ask for a payment method either through Credit/Debit Card or MFS (Bkash, Nagad etc.) on the agreed amount. After you have placed the order, the website will deduct the amount from your account and transfer to Outchimp account.
- Buyer must click ‘Delivery Received’ upon receiving the agreed final contents of the original order for successful completion of order and payment to the seller, if un-clicked for 5 days and no disputes are raised Outchimp will transfer the seller’s profit to seller’s account.
- Buyer will have the right to extend delivery date once.
- Buyer may raise a Dispute in case of any circumstances. It is advised that disputes should be settled by the Buyer and the Seller themselves. If such is not possible apart from clicking ‘Raise Dispute’
Violations of the Terms & Conditions and usage of the service
Prohibition and No permission
- Users are not allowed to sell Outchimp accounts
- The services of the website or the website itself must not be used for any unlawful or illegal activities
- Users must create profiles with accurate and correct information.
- Users must not create fake accounts or provide any fake or misleading information.
- Inappropriate contents such as exchanging Adult or Pornography oriented services are strictly prohibited. Involved users will be permanently banned.
- Privacy of identity and information exchanged between the buyers and sellers must be kept confidential. Any disclosure of information which may harm the user’s identity by another user will be permanently banned from using the website.
- Inappropriate language and behavior are expected from the users. All users must refrain from hurting or attacking others gender, race, religion, sentiments etc.
- Users must not exchange or publish contents or files with the intention to infect the end computer environment with malicious contents like viruses.
- Users must not make any monetary transaction for the services offered on/of the website by alternative ways other than via the website.
Links to other websites
Our service may contain links to other third-party websites or services that are not owned or controlled by the company.
The company has no control over and assumes no responsibility for, the content, privacy policies or practices of any third-party websites or services. You further acknowledge and agree that the company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these terms and conditions.
Upon termination, your right to use the service will cease immediately.
Limitation and Liability
Notwithstanding any damages that you might incur, the entire liability of the company and any of its suppliers under any provisions of this Terms and your exclusive remedy for all the forgoing shall be limited to the amount actually paid by you through the service or Tk 3000. If you haven’t purchased anything through the service.
To the maximum extent permitted by the applicable law, in no event shall the company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of the Terms), even if the company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
“AS IS” and “AS AVAILABLE” Disclaimer
The service is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the company on its own behalf and behalf of its affiliates and its and their respective licensors and services providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the service including all implied warranties and merchantabilities, fitness for a particular purpose , title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the forgoing, the company provides no warranty or undertaking n and makes no representation of any kind that the service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or to be error free or that any errors or defects can or will be corrected.
Without limiting the forgoing, neither the company nor any of the company’s provider makes any representation or warranty of any kind, express or implied : (i) as to the operation or availability of the service, or the information, content, and materials or products included thereon; (ii) that the service will be un-interrupted or error-free; (iii) as to the accuracy, reliability or currency of any information or content provided through the service; or (iv) that the service, its servers, the content, or emails sent from or on behalf of the company are free of viruses, scripts or trojan horses, worms, malware, timebombs or other harmful components.
The law of the country, excluding its conflicts of law rules, shall govern these terms and your use of the service. Your use of the application may also be subject to other local, national or international laws.
If you have any concern or dispute about the service, you agree to first try to resolve the dispute informally by contacting the company.
Severability and Waiver
If any provision of these terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under the applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These terms and conditions may have been translated if we have made them available to you on our service. You agree that the original English text shall prevail in the case of a dispute.
Changes of these Terms and Conditions
We reserve the right, at our sole discretion, to modify or replace these terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our service after those revisions become effective. You agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please do not use the website and the service.
If you have any questions about these terms and conditions, you can contact us:
- By email: [email protected]
- By visiting this page on our website: https://outchimp.com/about/terms-and-conditions
- By mail: Outchimp Enterprise, Rupayan Millennium Square, Plot # Cha-70/70A, Label 11A, 11B, Progoti Sarani, North Badda, Dhaka-1212, Bangladesh.