The terms that govern your use of Linkstek Solutions' website and services.
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "Client") and Linkstek Solutions ("Linkstek," "we," "us," or "our") governing your access to and use of our website at www.linkstek.net, our helpdesk portal at support.linkstek.net, and any related services we provide (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
Linkstek Solutions provides IT services and technology consulting, including but not limited to:
The specific scope, deliverables, fees, and timelines for any engagement will be set forth in a separate written agreement, statement of work, service order, or quote ("Service Agreement"). In the event of a conflict between these Terms and a Service Agreement, the Service Agreement will control for that specific engagement.
You must be at least 18 years old and have the legal authority to enter into a binding contract to use our Services. If you are using our Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.
Quotes issued by Linkstek are estimates based on the information provided at the time of request and are valid for 30 days unless otherwise stated. Final pricing may vary based on actual scope, on-site conditions, or changes requested during the engagement. No engagement is binding until both parties have signed a written Service Agreement or Linkstek has received a written purchase order acceptance.
To enable us to deliver our Services effectively, you agree to:
Fees for Services will be set forth in the applicable Service Agreement or quote. Unless otherwise stated:
All fees are non-refundable except as expressly stated in a Service Agreement or required by applicable law.
You agree not to use our Services or website to:
We reserve the right to suspend or terminate your access to the Services if we determine, in our reasonable discretion, that you have violated this Acceptable Use section.
The Linkstek Solutions name, logo, website content, documentation, tools, methodologies, and any other materials we create or provide are and remain the exclusive property of Linkstek Solutions or its licensors. Nothing in these Terms transfers ownership of our intellectual property to you.
You retain all rights to any data, content, or materials you provide to us ("Client Materials"). You grant us a limited, non-exclusive license to use Client Materials solely as necessary to deliver the Services to you.
Unless otherwise specified in a Service Agreement, deliverables prepared specifically for you as part of a paid engagement will be owned by you upon full payment. However, we retain ownership of any pre-existing tools, templates, methodologies, or know-how used to produce those deliverables, and we may use anonymized learnings from engagements to improve our Services.
Each party may have access to confidential information of the other party in connection with the Services. Both parties agree to protect such confidential information with the same degree of care they use for their own confidential information (and at least a reasonable standard of care), and to use it only for the purposes of performing under these Terms or a Service Agreement. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.
Our Services may involve the use of, integration with, or recommendation of third-party products or services (e.g., cloud providers, software vendors, hardware manufacturers). We are not responsible for the availability, reliability, or performance of third-party services, and their use is subject to their own terms and conditions. Any warranties or support for third-party products are provided by the respective third party, not by Linkstek.
We perform our Services in a professional and workmanlike manner consistent with industry standards. EXCEPT AS EXPRESSLY STATED IN A SERVICE AGREEMENT, THE SERVICES AND WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LINKSTEK DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.
You agree to defend, indemnify, and hold harmless Linkstek Solutions, its officers, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your breach of these Terms; (b) your violation of any law or third-party right; (c) your use of the Services; or (d) any Client Materials you provide to us.
These Terms remain in effect while you use our Services. Either party may terminate an engagement for material breach by the other party if the breach is not cured within 30 days of written notice. Upon termination:
We may modify or discontinue any portion of our Services at any time. We may also update these Terms from time to time. When we make material changes, we will post the updated Terms on this page and update the "Last updated" date. Your continued use of the Services after changes become effective constitutes your acceptance of the updated Terms.
These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Before initiating any formal proceeding, the parties agree to first attempt to resolve any dispute arising out of or relating to these Terms or the Services through good-faith negotiation. Either party may initiate this process by providing written notice describing the dispute. If the dispute is not resolved within 30 days of such notice, either party may proceed to arbitration as described below.
Except for the carve-outs described below, any unresolved dispute will be finally settled by binding arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures (or, for disputes involving less than $250,000, its Streamlined Arbitration Rules). The arbitration will be conducted by a single arbitrator in a California county mutually agreed upon by the parties, or if no agreement is reached, in a California county where Linkstek Solutions maintains its principal place of business. The arbitration will be conducted in English, and the arbitrator's decision will be final and binding. Judgment on the award may be entered in any court of competent jurisdiction.
Notwithstanding the arbitration requirement above, either party may:
All disputes will be resolved on an individual basis. The parties waive any right to participate in a class, collective, or representative action, and the arbitrator may not consolidate more than one party's claims or preside over any form of representative or class proceeding.
Each party will bear its own attorneys' fees and costs, and the parties will split the arbitrator's fees and administrative costs equally, except that the arbitrator may award fees and costs to the prevailing party to the extent permitted by law.
To the extent any dispute is not subject to arbitration under the carve-outs above, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in California.
Linkstek will not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, government actions, utility failures, internet outages, or third-party service disruptions.
If you have questions about these Terms of Service, please contact us:
Linkstek Solutions
Email: support@linkstek.net
Website: www.linkstek.net