Terms & Conditions

Term and Termination: Unless otherwise stated in the Schedules, the term of this Agreement shall begin on the Effective Date and shall be in effect for an initial term of 3 months. This Agreement will automatically renew for successive 1 month terms. If during the term of the contract, {{client.company.name}} wishes to terminate this agreement it may do so by providing 15-day written notice to Topdes1gn. At time of cancellation or non-renewal of this agreement, client will be billed for all work completed and Topdes1gn will cease production. There are no termination fees in the event that the client wishes to cancel or non-renew the contract. However, all billable hours and purchased assets, including but not limited to: stock photos, themes, stock videos, plugins, and fonts, must be paid for in full at the time of cancellation or non-renewal.

1.Project Completion: Once the project has been completed client will be required, by signature, to verify that all work in this agreement has been completed. Once final signature has been completed and the final payment has been received by Topdes1gn, any work not previously agreed upon, requiring changes, or requests not mentioned to Topdes1gn in writing prior to the completion of work will be subject to a sub-agreement and will be billed at Topdes1gn’s current hourly rate of $125 / hour, or another amount agreed upon in writing.

*Project timelines delayed by more than 30 days due to clients failure to respond, provide assets or actively participate in the project will be subject to cancelation. 

2.Non-Disparagement: The Parties agree that they shall not, and they will advise their agents, employees, and representatives not to, disparage the other Party, or its respective affiliates, or any of their past or present employees, directors, managers, officers, shareholders, members products or services. For purposes of this Agreement, the term “disparage” includes, without limitation, comments or statements to the press, to the other Party’s employees or to any individual or entity with whom the other Party or any affiliate of such Party has a business relationship (including, without limitation, any customer, client, supplier, vendor, referral source or other business relation) that would reasonably be expected to adversely affect in any material manner (a) the conduct of any business of the other Party or any affiliate of such Party (including, without limitation, any business plans or prospects), or (b) the business reputation of the other Party or any affiliate of such Party.

3.Limitation of Liability. Unless otherwise stated in the Schedules(s) or to the extent not prohibited by applicable law, IN NO EVENT SHALL Topdes1gn, ANY Topdes1gn AFFILIATES, OR ANY OF THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, OR DIMINUTION OF VALUE OF THE PROPERTY, LOSS OF USE OR INTERRUPTION OF BUSINESS OR ANY OTHER COMMERCIAL

DAMAGES ARISING OUT OF OR RELATED TO CUSTOMERS USE. Unless otherwise stated in the Schedule(s), the maximum liability of Topdes1gn in connection with any Services provided shall not exceed an amount equal to the price paid by Customer for such Services.