Non-Circumvention Policy

Our policy on direct engagements.

Non-Circumvention Policy

Last Updated: August 2, 2024

1. Purpose

This Non-Circumvention Policy ("Policy") is designed to protect the integrity of the TopLink platform and ensure fair compensation for the matching and facilitation services TopLink provides. By using TopLink, Clients and Professionals agree to adhere to this Policy.

2. Non-Circumvention Agreement

For a period of 24 months (the "Non-Circumvention Period") from the date of introduction of a Client to a Professional (or vice versa) through the TopLink platform, or from the completion of the last project facilitated by TopLink between the parties, whichever is later, both Client and Professional agree not to, directly or indirectly, circumvent TopLink by engaging in business dealings related to services similar to those offered on the Platform outside of TopLink.

This means that if a Client and a Professional are first connected through TopLink, any subsequent projects or service engagements between them for services offered or listed on TopLink during the Non-Circumvention Period must be transacted through the TopLink platform, unless explicit written consent is provided by TopLink.

3. What Constitutes Circumvention

Circumvention includes, but is not limited to:

  • Submitting proposals or soliciting parties identified through TopLink to contact, hire, work with, or pay outside the Platform.
  • Accepting proposals or being solicited by parties identified through TopLink to contact, invoice, or pay outside the Platform.
  • Referring a Client or Professional identified through TopLink to a third party for the purpose of making or receiving payments outside the Platform.

4. Reporting and Consequences of Breach

Users are encouraged to report any suspected breaches of this Policy to TopLink. A breach of this Policy may result in temporary or permanent suspension of access to TopLink, account termination, and potential legal action to recover damages, including any fees TopLink would have earned.

5. Opt-Out Fee

In certain circumstances, TopLink may, at its sole discretion, allow a Client and Professional to disengage from the Platform upon payment of an opt-out fee. This fee would compensate TopLink for the value of the connection made. The terms and amount of such a fee would be determined by TopLink on a case-by-case basis.

6. Contact Us

If you have any questions about this Non-Circumvention Policy, please contact us at jeftorres@toplinkai.com.