TopAccess Subscription Terms
Toptal^® Marketplace

These TopAccess Subscription Terms (the “Terms” or this “Agreement”) are effective as of the date you sign up for the TopAccess Subscription (defined below) between you (“you” or “Client”) and Toptal, LLC, a Delaware limited liability company, with a mailing address at 2810 N. Church St. #36879, Wilmington, Delaware 19802-4447 (“Toptal” or “we” or “us”). These Terms apply to your use of Toptal’s TopAccess Subscription services, which offers access to a suite of freelancer benefits and access to freelance networks and job boards, including Toptal Marketplace and other industry benefits as offered and provided by Toptal in its sole discretion (the “TopAccess Subscription”). You agree that these Terms will be in addition to, and do not replace, limit, or waive, any future agreements you may enter into with Toptal or its affiliates. This Agreement, inclusive of any and all executed Freelance Talent Agreements, Talent Platform Access Agreements, or applicable website terms of service, or other applicable agreement with Toptal or its affiliates as updated from time to time, that you have entered into with Toptal, constitutes the entire understanding between the parties regarding the subject matter in this Agreement. In the event of a conflict, between this Agreement and any subsequent agreements you may enter into with Toptal or its affiliates, such subsequent agreements will take precedence over any conflict with these Terms solely with respect to their subject matter. Any new features added to or augmenting the TopAccess Subscription are also subject to these Terms.

Notwithstanding anything to the contrary herein, Toptal reserves the right, in its sole discretion, to reject any request for a TopAccess Subscription without providing any reason for such rejection. In such event, we will use commercially reasonable efforts to inform you of our decision as soon as possible after your request for a TopAccess Subscription and will refund any payments you made relating to such rejected request.

1. TopAccess Term.

The TopAccess Subscription is an annual subscription-based service paid in twelve (12) monthly installments during the subscription period in the amount indicated on the subscription sign up page (the “TopAccess Term”). You may cancel your TopAccess Subscription at any time via email to marketplacesupport@toptal.com, and your access to the TopAccess Services (defined below) will end upon the expiration of the TopAccess Term. All paid subscription fees are non-refundable except as provided herein, or as otherwise required by applicable law. Monthly payments remain due and payable through the end of your then-current TopAccess Term, even if you choose to cancel your subscription or your access to the TopAccess Service early, or if your Toptal account becomes unavailable prior to that date, except to the extent Toptal decides to end the TopAccess Services through no fault of your own, as described below.

2. TopAccess Services.

The services provided as part of the TopAccess Subscription are made up of benefits and incentives provided by us and other service providers in the freelance marketplace industry that are made available to you through the TopAccess Subscription (the “TopAccess Services”). TopAccess Services include access to offerings provided by Toptal, its affiliates, and other providers described on the TopAccess web page as of the date you register for the TopAccess Subscription, which Toptal may update or modify from time to time in its sole and absolute discretion. The TopAccess Services include the offerings listed below, which are subject to change. For the avoidance of doubt, in the event of a conflict between the description below and the description on Toptal’s or its affiliates’ websites or other Toptal writings, Toptal’s website or Toptal’s separate writings will control. The TopAccess Subscription includes:

1. Toptal Marketplace: Automatic enrollment in the Toptal Marketplace screening process as an applicant. Your application will be reviewed according to Toptal Marketplace’s screening process and Toptal’s Terms of Service (https://www.toptal.com/tos) and privacy policy (https://www.toptal.com/privacy) will apply.

2. We Work Remotely: Access to the We Work Remotely Job Seeker Pro Subscription as defined on the We Work Remotely site (https://weworkremotely.com/), and subject to the We Work Remotely Terms and Conditions (https://weworkremotely.com/terms-and-conditions).

3. People Per Hour Ltd: Automatic enrollment in the People Per Hour screening process as a priority applicant (priority applicants typically reviewed within one (1) business day), subject to the People Per Hour’s Terms and Conditions (https://www.peopleperhour.com/static/terms) (the “PPH Terms”). Receive twenty (25) project proposal credits and one (1) featured project proposal credit per month, in addition to the credits PPH Basic subscribers receive. These credits are redeemable with People Per Hour LTD as described and subject to the PPH Terms. For the avoidance of doubt, these credits do not accumulate or otherwise “roll over” and are not available for cash refund.

4. NoDesk: Access to the NoDesk platform, including exclusive job postings, unlimited applications, and job alerts, subject to the NoDesk platform Terms of Use (https://nodesk.co/legal/terms/).

5. Remote OK: Access to the Remote OK platform, including exclusive job postings, instant alerts for new matches, verified blue badge and have your application shown first to potential employers, and ad-free browsing, subject to the Remote OK platform Terms of Service (https://remoteok.com/legal).

3. Payment.

Toptal will collect payment for the TopAccess Subscription from you electronically via credit card or, if offered and as applicable, via other payment methods you select in your account. If, after payment, Toptal declines to provide you with some, or all of, the TopAccess Services you have chosen, through no fault of your own, Toptal will promptly refund the amounts paid for the applicable TopAccess Term. In all other cases all payments are final, and no refunds shall be issued. Any payment Toptal is unable to process against your credit card on file will be subject to a late fee equal to the lesser of 10% of the fee owed at that time and $30 USD, unless otherwise specified on Toptal’s website or by us in writing. In addition, Toptal and its affiliates may revoke your eligibility for certain products and services or otherwise refuse to do business with you due to late payments, unpaid past due amounts, violation of these Terms, or for any reason at all, in Toptal’s sole discretion.

4. Subscription Renewals.

Your subscription will continue through the end of the then-current Annual Term or TopAccess Term (collectively “Subscription Terms”), as applicable. If you cancel the subscription prior to the end of the Subscription Term your access and monthly payment obligations will remain in effect until the end of the Subscription Term. In accordance with applicable laws, Toptal will notify you in advance of the TopAccess Subscription annual renewal. You will have until 11:59 pm EST on the day preceding the renewal of your subscription to cancel without being charged for a subsequent Subscription Term.

5. Taxes.

You take full responsibility for all taxes and fees of any nature associated with your TopAccess Subscription, including any sales tax related to any purchase or sale of services or goods under this Agreement. When purchasing any services or goods, it is solely your responsibility to determine whether or not sales taxes apply to a transaction and to collect, report and remit the correct amounts to the appropriate authority.

6. Terms Updates.

These Terms may be updated from time to time, with the date of the last revision shown at the top. Your continued access to and use of the TopAccess Subscription and associated TopAccess Services after the date any such changes become effective indicates your approval of such Terms.

By subscribing to the TopAccess Subscription, and by accepting these Terms, you confirm that you have read, understood, and agree to be bound by these Terms and all other terms and conditions applicable to each service included in the TopAccess Subscription as outlined above.