Terms & Conditions

Terms & Conditions

In accordance with these Terms and Conditions, Topptek, a company incorporated under the laws of Sweden, , and registered address at Helsingborg, Sweden, herein referred to as “Contractor,” provides the services specified in the invoice to the Customer.

1. Acceptance of Terms

The Services are provided subject to your acceptance of the terms and conditions contained herein, along with all other policies and procedures published by Topptek, including but not limited to the Privacy Policy and Refund Policy, which are incorporated herein by reference. By receiving and utilizing the Services, you agree to abide by these Terms and Conditions.

2. Changes

Topptek reserves the right to amend the Terms and Conditions, as well as its policies and procedures, at its sole discretion. Notification of any changes will be provided by posting the updated Terms and Conditions on the Topptek website (https://topptek.com/) and revising the “Updated” date above. It is your responsibility to review these terms frequently to remain informed of any changes. Your continued receipt and use of the services after such changes have been published will constitute your acceptance of the revised Terms and policies and/or procedures.

3. Definitions

3.1. Contractor: Topptek, a corporation duly incorporated and operating under the laws of Sweden.

3.2. Customer: Refers to the legal entity or natural person ordering the Services by signing an Invoice issued by Topptek or completing the payment process form.

3.3. Agreement: The contractual arrangement between Topptek and the Customer for the provision of services in accordance with these Terms and Conditions and an Invoice.

3.4. Services: Monthly services offered under applicable Topptek monthly plans, as described on the website https://topptek.com, and specified in the Invoice or upon invoicing by the Customer through the paying agent. Upon initial subscription to the monthly services, the Customer agrees to receive the services monthly, with payment debited from the Customer’s card according to the specified monthly fee on the website. The Customer may reject the subscription by notifying Topptek via email at support@topptek.com or by sending a message through the designated communication platform no less than 3 calendar days before the subscription termination.

3.5. Additional Services: Services not covered by Topptek monthly plans, ordered additionally or separately by the Customer, and specified in the invoice issued by Topptek.

3.6. Party to the Agreement: Either Topptek or the Customer, individually.

3.7. Parties to the Agreement: Both Topptek and the Customer, collectively.

3.8. Business Day: Refers to any day other than a Saturday, Sunday, or public holiday in Sweden, when banks in Helsingborg are open for business.

4. Procedure for the entering into force of the Agreement with Topptek:

4.1. Topptek commits to providing Services in accordance with clauses 3.4. and 3.5. of these Terms and Conditions, upon request from any Customer seeking such services. The publication of these Terms and Conditions on the Topptek website (https://topptek.se) or their presentation to the Customer by any other means shall constitute an offer by Topptek to the Customer to enter into the Agreement under the terms and conditions specified herein.

4.2. The Agreement shall be considered effective upon the Customer’s acceptance of the offer. Customer acceptance is deemed as an advance payment of 100% of the value of the Services/Additional Services, as specified in the Invoice issued by Topptek or through the paying agent, unless otherwise agreed upon in writing by both Parties.

4.3. Upon acceptance of the offer, the Customer agrees fully to all provisions outlined in the Terms and Conditions, Privacy Policy, and Refund Policy without any waivers, exclusions, or disclaimers.

4.4. The Terms and Conditions do not necessitate being drafted on paper or signed with a handwritten signature.

5. Scope of the Agreement with Topptek:

5.1. Use of Services and Availability: Topptek reserves the sole and absolute discretion to grant the use of Services/Additional Services to anyone in accordance with clause 3.2. of these Terms and Conditions and for any reason based on legal grounds.

5.2. Subject Matter of the Agreement: The Agreement pertains to the provision of Services/Additional Services specified in the Invoice issued by Topptek or through invoicing the Customer via the paying agent.

5.3. Engagement of Third Parties: Topptek is entitled to engage third parties to provide the Services/Additional Services to the Customer.

5.4. Key Points on Services: Essential details about the Services/Additional Services can be included in the Invoice issued by Topptek.

5.5. Service Rendering Process: Each service within the Topptek.se plan is rendered separately based on the receipt of tasks from the Customer.

5.6. Service Hours: Topptek renders Services/Additional Services during business days only and within the working hours of 10:00 am – 6:00 pm GMT+2. The Customer shall be notified about local public holidays at least 3 days prior to such holidays.

5.7. Communication and Service Delivery: Topptek communicates with the Customer via the collaboration work system Trello. The Customer will be granted access to Trello and must provide a valid email address for each authorized person. The Contractor will store all results of rendered services in Trello for 1 month, after which the Contractor may delete the materials. The Customer agrees to review all files for errors or omissions and notify the Contractor within 2 days of receipt for corrections.

5.8. Transfer of Original Files: Upon Customer request within 1 month of services provided, Topptek shall transfer all original files.

5.9. Response Time: The Contractor’s response time in the Trello workspace should not exceed 4 hours during working hours. The Project manager is responsible for timely replies and participation in meetings with the Customer.

5.10. Task Deadlines: Deadlines for tasks should be agreed upon with the responsible person of Topptek. If deadlines extend beyond a month due to additional Customer requirements or lack of acceptance, the service duration will be prolonged to the next month, requiring payment of the monthly services fee.

5.11. Specialized Services: 3D and HTML development services are not included in monthly Services and can be provided separately upon Customer request. Voiceover services may also be provided as Additional Services, with the Contractor having discretion over the choice of executor.

5.12. Booking Services: The Client can book Services with a list of designers by making a 100% prepayment at least 14 calendar days before the start of the Services.

5.13. Subscription: Upon the initial payment for monthly Services, the Customer agrees to a monthly subscription. The Customer may reject the subscription by notifying Topptek via email or Trello at least 3 calendar days before termination.

5.14. Subscription Pause: Pausing the subscription will not affect its automatic renewal process. The duration of the pause will be compensated by adding equivalent days to the final month of the current subscription period, ensuring continuity and renewal consistency.

6. Rights and Obligations of the Parties:

6.1. Contractor’s Entitlements:

  • 6.1.1. The Contractor can refuse to follow the Customer’s instructions if doing so would violate the laws of Sweden or the laws of the countries where the services are provided.
  • 6.1.2. The Contractor can suspend or terminate service provision if the Customer fails to fulfill their obligations under the Agreement.
  • 6.1.3. The Contractor may unilaterally terminate the Agreement by providing the Customer with a 10-day notice and reimbursing the Customer for any paid but undelivered services.

6.2. Contractor’s Obligations:

  • 6.2.1. The Contractor must render services to the Customer as specified in the accepted Invoice, contingent upon full payment and the Customer’s compliance with the Agreement.
  • 6.2.2. The Contractor must maintain the confidentiality of Customer-provided information.

6.3. Customer’s Entitlements:

  • 6.3.1. The Customer can demand efficient service provision from the Contractor.
  • 6.3.2. The Customer can request a refund within 7 days of payment, unless certain conditions like evidence of fraud or task acceptance apply. Refund is not applicable if a discount has been provided or if the task has been accepted or revised by the Customer.
  • 6.3.3. The Customer can unilaterally terminate the Agreement with a 10-day notice. However, if the Customer terminates the Agreement after service commencement, they may incur a fine equal to the value of the paid but unrendered services.

6.4. Customer’s Obligations:

  • 6.4.1. The Customer must pay the Contractor as specified in the Invoice.
  • 6.4.2. The Customer must provide the Contractor with necessary information upon request.
  • 6.4.3. The Customer must refrain from actions that disrupt the Contractor’s software or network security.
  • 6.4.4. The Customer must maintain the confidentiality of information obtained under the Terms and Conditions.

6.5. Liability:

  • Both Parties are liable for failure to perform or improper performance of their obligations under the Terms and Conditions, subject to the laws of Sweden.

7. Payment for the Services:

7.1. Determination of Service Fee:

  • 7.1.1. The service fee is determined by the Contractor and is either based on the Contractor’s price list/plan displayed on the Website (https://topptek.se/), or
  • 7.1.2. Agreed upon by the Parties through communication channels such as email, messenger (Telegram, Viber, Slack, Whatsapp), or online chat on the Contractor’s Website.

7.2. Payment Method:

  • Payment for Services is required on a 100% prepayment basis.
  • For Services: Payment is made via debit or credit card based on the Invoice issued by the Contractor or through a paying agent.
  • For Additional Services: Payment is made via non-cash bank transfer, online transfer to the Contractor’s current account, or transferring cryptocurrencies to the Contractor’s account (wallet) based on the Invoice issued by the Contractor, or via debit or credit card.

7.3. Payment Confirmation:

  • Services are considered paid upon the receipt of money in the Contractor’s account or cryptocurrencies in the Contractor’s account (wallet).

7.4. Monthly Subscription Payment:

  • Upon subscribing for monthly Services, the Customer agrees to monthly payments. The Customer’s card will be automatically debited every month with the specified monthly service fee displayed on the website.
  • The Customer can terminate the subscription by notifying the Contractor via email or message in Trello at least 3 calendar days before the subscription renewal date.

7.5. Customer Onboarding Additional Days Clause:

  • Any working days dedicated to Customer onboarding activities during the initial 30-day subscription period are considered an extension of the subscription.
  • These additional days are added to the last month of the subscription to ensure the Customer receives the full value of the subscription.
  • Payment for the subscription will continue to be processed automatically after the initial 30 days, including any additional days spent on onboarding activities.

8. Service Acceptance Procedure:

8.1. Confirmation of Service Fulfillment:

  • The completion of services under this Agreement is confirmed by a Service Delivery Report, which is unilaterally drawn up and signed by the Contractor.

8.2. Determination of Service Completion:

  • Services are considered duly and fully rendered if, within five (5) business days from the expiry date of the services, the Contractor has not received any written complaints from the Customer regarding the quality and scope of the services provided.

8.3. Transfer of Rights and Intellectual Property:

  • All exclusive rights to the results of services and intellectual property created by the Contractor during the execution of the Agreement are transferred from the Contractor to the Customer upon Service delivery without the need for additional documents.
  • The Customer is granted the right to use the results of services without mentioning the author’s personal name.
  • The Contractor reserves the right to use the results of Services, as well as the Customer’s name and logo, as part of the Contractor’s portfolio on the Contractor’s website or other digital media, print samples, and for display on social channels, competitions, festivals, or shows.

Portfolio Rights:

  • The Customer grants the Contractor a limited, nonexclusive, royalty-free worldwide license to use, publish, and display any deliverables prepared or developed in connection with the services, as well as the Customer’s name and logo, for marketing and advertising purposes (the “Portfolio Rights License”).

9. Disclaimer of Warranties and Limitation of Liability Topptek.se:

9.1. Disclaimer of Warranties:

  • The services provided by Hide Corporation Ltd are offered to you on an “as is” basis, except as expressly outlined in the Terms. Hide Corporation Ltd does not make any other warranty of any kind, whether express, statutory, and/or implied, including but not limited to any implied warranties of title, non-infringement, merchantability, and/or fitness for a particular purpose, accuracy, and from course of dealing, all of which Hide Corporation Ltd expressly disclaims.
  • Hide Corporation Ltd does not warrant that:
    • The services will meet your requirements and/or will be constantly available, uninterrupted, timely, secure, and/or error-free.
    • The results obtained from the use of the services will be effective, accurate, and/or reliable.
    • Hide Corporation Ltd will be liable and/or otherwise responsible for any failure and/or delay in updating the services and/or any content.
  • No advice and/or information, whether oral and/or written, obtained by you from Hide Corporation Ltd and/or through your use of the services shall create any warranty not expressly stated in the Terms and Conditions. If applicable law requires any warranties with respect to the services, all such warranties are limited in duration to sixty (60) days from the date of the beginning of the service.

9.2. Limitation of Liability:

  • In no event will Hide Corporation Ltd, its officers, directors, employees, partners, and/or subcontractors be liable to you and/or anyone else for:
    • Any special, incidental, indirect, consequential, and/or punitive damages whatsoever, including those resulting from loss of use, data, and/or profits, whether or not foreseeable, regardless of the form of action, whether in contract, tort (including negligence), warranty, strict liability, and/or any other legal or equitable theory, even if Hide Corporation Ltd has been advised of the possibility of such damages in advance.

10. Indemnity and Warranty:

10.1. Indemnification:

  • You agree to defend, indemnify, and hold Hide Corporation Ltd, our subcontractors, and our respective affiliates, officers, agents, employees, representatives, and assignees harmless from all demands, proceedings, losses, costs, damages, awards, fees, expenses, and/or liabilities of any nature, including without limitation reasonable attorneys’ fees, that arise from and/or relate to:
    • Your use of the Services.
    • Your violation of the Terms.
    • Fraud you commit and/or your intentional misconduct and/or negligence.
    • Your use of the Services that is in violation of any applicable data protection/privacy law.
  • We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses. You agree not to settle any matter without the prior written consent of Hide Corporation Ltd. Hide Corporation Ltd will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

10.2. Non-Sanctioned Status:

  • The Customer warrants that neither the Customer nor any of its executive officers, directors, or any individual, entity, or organization holding any ownership interest or controlling interest in Customer is an individual, entity, or organization with whom Hide Corporation Ltd is prohibited from dealing by any law, regulation, or executive order.
  • Furthermore, the Customer understands that if at any time during the terms of Services, the Customer or any of its executive officers, directors, or any individual, entity, or organization holding any ownership interest or controlling interest in Customer, is determined to be or for any reason becomes an individual, entity, or organization with whom Hide Corporation Ltd is prohibited from dealing in accordance with this clause, the Customer shall give immediate written notice to Hide Corporation Ltd.
  • Hide Corporation Ltd shall have the right to terminate this Agreement with immediate effect, without fault or liability, if it exercises the termination right described herein. If Hide Corporation Ltd exercises the termination right, the Customer shall pay Hide Corporation Ltd for the Service provided prior to the effective date of the termination.

11. Miscellaneous:

11.1. Entire Agreement; Conflict:

  • The Terms and Conditions, including the terms set forth herein, Privacy Policy, Refund Policy, and other relevant policies, constitute the entire agreement between Hide Corporation Ltd and you concerning the subject matter herein, unless otherwise agreed to in writing.

11.2. Governing Law:

  • These Terms and Conditions and any use of the Services will be governed by the laws of England and Wales. The Parties shall be liable for the failure to perform or improper performance of their obligations under these Terms and Conditions in accordance with the law of England and Wales.

11.3. Jurisdiction:

  • Disputes shall be resolved through negotiations, and if no agreement is reached, through a complaint (pre-trial) procedure. Claims and notices must be sent in writing by post with notice of delivery. The Courts of London shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Terms and Conditions.

11.4. Electronic Signatures:

  • Documents executed and transmitted electronically, as well as those signed by electronic signatures (such as using Docusign, PandaDoc), or with a facsimile signature, shall be deemed original for the purposes of these Terms and Conditions.

11.5. Communication:

  • The Contractor and Customer will communicate using specified email addresses for transmission of documents and information with legal effect. Other email addresses are not permitted.

11.6. Reference:

  • Hide Corporation Ltd, its subcontractors, and affiliates may reference you as a customer and may use your trademark and/or logo for such purpose on a royalty-free basis.

11.7. Severability:

  • If any part of the Terms and Conditions is held invalid or unenforceable, the remaining portions will remain in full force and effect.

11.8. Assignment:

  • You may not assign your rights under the Terms and Conditions to any third party without the express written consent of Hide Corporation Ltd, while Hide Corporation Ltd may assign its rights to a third party.

11.9. Force Majeure:

  • Neither party will be liable for any failure or delay in performance due to events beyond their control, except for payment obligations.

11.10. Survival:

  • Provisions of the Terms and Conditions that by their nature should survive termination, including warranty disclaimers, indemnity provisions, and limitations of liability, will survive termination.

11.11. No Waiver:

  • No failure or delay in exercising any power, right, or remedy under these Terms and Conditions will operate as a waiver thereof, nor preclude any other or further exercise thereof.
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