The integrity of the Platform depends on the accuracy of Candidate information and the consistent application of Quality Standards across the network. This Section 15 sets out the rights of the Company in relation to Profile suspension and removal, the procedures the Company will follow, and the financial consequences for the Candidate in each case. The provisions of this Section apply only to the extent permitted by applicable mandatory law, including the UAE Consumer Protection Law (Federal Law No. 15 of 2020).
15.1. Removal for Material Misrepresentation. The Company may remove a Candidate's Profile from the Platform at any time, including after Activation Fee payment, after publication, and at any point during an active Subscription, where the Company determines in Good Faith and based on reasonable evidence that the Candidate has engaged in Material Misrepresentation as defined in Section 2. This determination shall be made by Mike Torchinsky personally or under his direct supervision. The Company is not required to act as an investigator or to conduct a formal hearing, but the Company shall maintain a written internal record of the basis for its determination.
15.2. Removal Following Verification Meeting (Select Tier). For Select tier Candidates, the Verification Meeting is a substantive part of the onboarding process and not a formality. Following the Verification Meeting, the Company may decline, in its reasonable Good Faith judgment, to retain the Candidate on the Platform. Such a decision is not a finding of fault against the Candidate and shall not be characterized as such in any communication. It reflects the Company's professional assessment that the Candidate's profile, despite being technically accurate, does not align with the Quality Standards required for the curated executive network. This right is exercised infrequently and only where the Company has substantive concerns following the Verification Meeting. The Candidate acknowledges that this assessment is inherent to a curated, invitation-quality service and accepts it as a condition of the Select tier offering.
15.3. Suspension or Termination for Breach. The Company may suspend or terminate a Candidate's account, with or without prior notice, where the Candidate has materially breached these Terms, the Privacy Policy, or any other rule expressly incorporated into the Platform's terms. Where practicable, and except in cases of fraud, threat to other users, or legal compulsion, the Company will provide the Candidate with reasonable notice and an opportunity to cure the breach before termination.
15.4. Notice and Procedure. In the case of removal under Sections 15.1 or 15.2, the Company will notify the Candidate by email at the address registered with the account within seven (7) days of the removal taking effect. The notification will state the general legal basis for removal (Section 15.1, 15.2, or 15.3) and the date of removal. The Company is not obliged to disclose the specific evidentiary basis or the identity of any third-party source, where doing so would compromise confidentiality obligations to other parties (including former employers, references, or other Candidates).
15.5. Right to Respond. A Candidate who has been removed under Section 15.1 may, within fourteen (14) days of the removal notice, submit a written response to the Company at legal@topheads.pro. The Company will review such responses in Good Faith. The Company's decision following such review is final, but the Company will document its reconsideration. This Section 15.5 does not apply to removals under Section 15.2, where the underlying decision is qualitative and not based on factual disputes.
15.6. Refund Treatment. Refund treatment upon Profile removal depends on the basis for removal and reflects the Company's commitment to fair commercial dealing:
- (a) Removal under Section 15.1 (Material Misrepresentation): No refund of the Activation Fee or any portion of paid Subscription Fees is owed. The Candidate has materially breached the obligations under Section 6 (Candidate Obligations), and the Company has incurred review and platform costs in reliance on the Candidate's representations.
- (b) Removal under Section 15.2 (Verification Meeting decision): The Company will refund (i) the Activation Fee in full, and (ii) any portion of the current month's Subscription Fee that corresponds to days after the date of removal, prorated on a daily basis. Refunds will be processed via the original payment method within seven (7) business days of the removal, or as soon as commercially practicable thereafter where third-party payment processors require longer.
- (c) Termination under Section 15.3 (breach of Terms): No refund of the Activation Fee or any portion of paid Subscription Fees is owed.
15.7. Treatment of Personal Data Following Removal. Following Profile removal, the Candidate's personal data will be handled in accordance with the Privacy Policy and applicable data protection law, including UAE Federal Decree-Law No. 45 of 2021 (Personal Data Protection Law). The Candidate retains all rights to request deletion of their personal data following removal, subject to the Company's right to retain limited records as necessary to demonstrate compliance with these Terms, defend against legal claims, or meet regulatory obligations.
15.8. Good Faith Standard. All decisions made by the Company under this Section 15 are subject to the Good Faith standard as defined in Section 2 and as required by Article 246 of the UAE Civil Code. The Company shall not exercise its rights under this Section in an arbitrary, capricious, or commercially unreasonable manner.
15.9. Voluntary Cancellation. Nothing in this Section 15 affects the Candidate's right to voluntarily cancel their Subscription at any time, as described in Section 10 and the Refund Policy.
15.10. Severability of Sub-Clauses. If any sub-clause of this Section 15 is determined by a competent court to be invalid or unenforceable under applicable law, that determination shall not affect the validity or enforceability of any other sub-clause, and the Section shall be interpreted to give effect to the parties' commercial intent to the maximum extent permitted.