Effective date: Nov 11, 2024
These are the Professional Services Terms and Conditions ("TCs") governing your purchase of a LinkNow® Media Package and any services that LinkNow® Media may provide to you in connection therewith (collectively, the "Services"). By formally accepting these terms through signature, or by purchasing or using any of our services, you accept and agree to be bound by these TCs, our Terms of Use located at https://linknow.com/terms-of-use/, which are incorporated herein by reference, and consent to our practices as set forth in our Privacy Policy located at https://linknow.com/privacy-policy/. These TCs are "Additional Terms" supplemental to our Terms of Use, which can be found here https://linknow.com/terms-of-use/ and shall govern in the event of any conflict with the Terms of Use with respect to the Services and the Website (defined below).
If you placed your order by phone, you have five (5) business days from the date you receive a copy of these TCs by email to cancel your order and terminate the agreement by calling 1-888-667-7186.
LinkNow® Media is a Business to Business (B2B) company that provides website design and marketing services to other businesses. By accepting these TCs, you explicitly confirm and agree that the nature of your relationship with LinkNow® Media is exclusively a B2B relationship and that you are not purchasing or leasing any goods or services from LinkNow® Media for personal, family, or household purposes. LinkNow® Media does not provide services to businesses domiciled exclusively in Quebec or for operations situated within the province. Businesses headquartered outside Quebec but operating or affiliated within Quebec may be eligible to use our services; however, service eligibility is limited to activities and operations conducted entirely outside Quebec. Engaging LinkNow® Media for services related to Quebec-based operations constitutes a material breach of these TCs. This prohibition is in accordance with relevant laws and regulations, including Quebec’s consumer protection laws and jurisdictional rules.
LinkNow® Media offers a convenient variety of website design, marketing, hosting services and billing options to satisfy the different and particular needs of its clients. The details of the package you purchased, including any additional add-ons you have selected (collectively, your "Package") are identified on the work order attached to the purchase confirmation email which includes these TCs. If there are discrepancies between the work order and the Package you selected, please contact our Customer Care at 1-888-667-7186. You acknowledge that none of LinkNow® Media’s packages include website setup on an external server. However, in the event you would like LinkNow® Media to provide such services, LinkNow® Media may provide such services for a fee. Please contact our Customer Care for more information.
LinkNow® Media’s Packages and Services are intended for use in the trade, i.e., for a sole proprietorship, partnership, limited liability company, corporation, association, or other for-profit legal entity, or non-profit or government entity, and for the United States and Canada only. By purchasing the Package or using the Services, you understand and agree that such Package and Services are exclusively restricted to use in the trade in the United States and/or Canada and are not for personal use. As a result, you represent and warrant that you will not use the Package or Services (1) in your capacity as an individual who seeks to acquire goods or services for personal, family, or household purposes, or for customers or sales leads, or other purposes, and (2) outside of the United States and/or Canada.
You further understand and agree that from time to time, LinkNow® Media, at its discretion, may provide promotional pricing to the above packages. Such promotions are only valid during the promotional period time frame and may not be applied to past or present purchases.
LinkNow® Media leverages artificial intelligence ("AI") technologies to enhance its communication channels and operational efficiency. These technologies may generate or facilitate communications, including calls, emails, SMS, and other forms of automated messaging. By engaging with our services, you acknowledge and consent to the use of AI-powered tools for communications, subject to applicable privacy laws. LinkNow® Media ensures full compliance with relevant data security and privacy regulations, including, but not limited to, the California Consumer Privacy Act (CCPA), the General Data Protection Regulation (GDPR), and Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA).
We implement industry-standard safeguards to maintain the integrity, confidentiality, and security of any personal data processed by AI systems. Clients retain the right to opt out of automated AI communications at any time by following the opt-out instructions detailed in these TCs.
For any Package which includes web design services, you will be billed a one-time design fee and your first monthly recurring fee immediately upon purchasing your Package each of which will be disclosed to you prior to completing your purchase. Upon receipt of confirmation of payment, subject to your prompt and complete cooperation, LinkNow® Media shall devote commercially reasonable efforts so that your website (hereinafter "the Website") will be live within twenty (20) business days of confirmation of payment and, in the case of domain transfers, DNS changes or "A Record" adjustments, receipt of the domain name credentials. LinkNow® Media reserves the right, at its sole discretion, to modify this timeline in accordance with the project size and shall inform you in advance of the expected delivery date. For more precision, you understand and agree that the delay necessary to deliver the Website may vary depending on the speed in which you send changes or your material to LinkNow® Media, if any.
Once the Website has gone live, any future changes must be submitted via your Members Area. Subject to your complete and timely cooperation, LinkNow® Media shall undertake to take commercially reasonable efforts to make (a) text modifications, logo integrations and picture additions to the Website within three (3) to seven (7) business days from when your changes have been submitted and (b) all other modifications (i.e., other than text modification, logo integrations and photo additions) within fifteen (15) business days of acknowledged receipt by LinkNow® Media of your request. Each quarter thereafter, and for the duration of the present agreement and renewal thereof, if any, LinkNow® Media may contact you electronically, including through email or text messages, for which you give your express irrevocable consent, to discuss your Website performance and/or modifications or improvements thereof, including, but without limitations, through the additional services or products
Payment(s) for your Package or any Services can normally be made via credit card. Additional forms of payment, such as cashier’s check, certified check or money order, can only be used when offered as an option during the sign-up process and are restricted to the payment of the onetime design fee together with the prepayment of at least one year of monthly recurring fees.
In all cases and as further described in the section "Auto-Renewal and Cancellation of Service," further monthly recurring fees will be billed on the calendar day of the initial purchase date each subsequent month until cancelled.
All amounts billed on your account on a given date are due and payable on that date. If any payment for a Package which includes hosting or marketing services is not made when due, we reserve the right to suspend your account and in such circumstances: (i) the Website will no longer be accessible online; and (ii) when you or another person attempts to access the Website using the applicable domain, the Website will be replaced with a message providing that the Website has been suspended. If your account is suspended, you will need to contact Customer Support to reactivate it and pay any outstanding balance in full.
You irrevocably authorize us to attempt to process your credit card payment again if initially rejected, and we may further collect any delinquent payment owed to us by any legal means available to us. Additional costs may be incurred in connection therewith and you shall be liable for any collection costs which we may incur.
In the case of payments by cashier’s check, please note that only certified check or money order are accepted and only as an option during the sign-up process as part of the onetime design fee. In such cases, payment shall be due ten (10) business days after billing. If payment is not received by the applicable due date, your account may be suspended in the same manner as contemplated above. Once your account is suspended, you will need to contact Customer Support to reactivate it and pay any outstanding balance in full. LinkNow® Media does not accept personal checks. If a personal check is received for payment, it will be returned, and the amount shall be deemed unpaid. Subject to applicable law, if a check is returned you will be charged an additional forty-five dollars ($45) administrative fee.
Notwithstanding the preceding, your account reaches a sixty (60) days overdue balance, your website and/or email account and/or any other services provided to you by LinkNow® Media may be terminated without further notice. If your account is terminated and you wish to reinstate it, you will need to contact Customer Support and pay a $199 (plus applicable taxes) reinstatement fee to reactivate it. Please note that LinkNow® Media typically retains your Website and emails on its back-up servers for a minimum of six (6) months from the deactivation of your Website, but we are not required to do so. LinkNow® Media may not be able to reactivate your account or provide you a copy of your Website.
As provided above, upon your initial purchase of a Package, we will create an account for you and issue you a unique username and password (your "Account"). You represent and warrant to LinkNow® Media that all information that you provide in connection with the creation of your Account is true, accurate, current, and complete. LinkNow® Media may rely on the information you provide to identify you and your activity, and you must promptly update and otherwise maintain your information up to date in order to keep your Account current at all times.
You agree not to give or make available the credentials for your Account to any unauthorized persons. Except to the extent caused by our breach of these TCs, (a) you are responsible for all activities that occur under your Account, regardless of whether the activities are authorized by you or undertaken by you, your employees or a third party, and (b) we and our affiliates and licensors are not responsible for any unauthorized access to your Account.
Intellectual property you provide LinkNow® Media: You retain all rights, title and interests in any intellectual property you provide LinkNow® Media for the purpose of integrating or otherwise utilizing in connection with the creation of your Website or the performance of our Services to you. You hereby grant to LinkNow® Media and its affiliates a non-exclusive, worldwide, irrevocable, perpetual, royalty free, assignable license (with the right to sublicense to their service providers) to access, use, copy, develop derivative works from, modify, or enhance such intellectual property in connection with the creation of your Website or the performance of our Services. To the extent you provide LinkNow® Media with any intellectual property, you represent and warrant that you are and will be the legal and beneficial owner or authorized licensor of all intellectual property rights in such intellectual property and have the full power and authority to grant the rights contemplated above without LinkNow® Media and its affiliates incurring any third-party obligations or liabilities.
Client Content: In the event you request LinkNow® Media to move and transfer some or all information, data, and other content (collectively, the "Content") from your existing website to any new website developed for you by LinkNow® Media, you represent and warrant that you have the full power and authority to grant LinkNow® Media rights to access, move, and transfer Content as contemplated herein without LinkNow® Media and its affiliates incurring any third-party obligations or liabilities.
LinkNow® Media Background IP: You acknowledge that the creation of your Website and provision of Services by LinkNow® Media rely on proprietary skills, know-how, code, content, materials, and intellectual property licensed or owned by LinkNow® Media or its licensors (collectively, "Background IP"). All Background IP remains the exclusive property of LinkNow® Media and may not be used, copied, modified, sublicensed, or distributed except as permitted under these TCs.
Derivative works based on the Website are prohibited, except for routine updates necessary to maintain functionality. Additionally, you agree not to use, adapt, reverse-engineer, or incorporate any part of the Website or Services in training, developing, or enhancing artificial intelligence models or databases. This includes prohibiting any form of AI development, whether for machine learning, neural networks, or other technologies, unless explicit prior written consent is obtained from LinkNow® Media and any other relevant content owners. Unauthorized use of the Website or Services for AI purposes will be considered a material breach, subject to immediate termination of services and legal action.
Subject to LinkNow® Media’s retention of its Background IP and the last paragraph of this Section, upon payment in full of all applicable design fees, LinkNow® Media, subject to the last paragraph of this Section, grants you a non-exclusive, perpetual, royalty-free, non-assignable license, to use its Background IP in connection with the Website, subject to the terms and conditions of any third-party licenses, solely to the extent necessary to operate the Website and benefit from the Services provided to you for your use only for the line of business for which the Website was specifically created. However, you will not create derivative works of the Website, except for normal updates. This prohibition includes not using, adapting, or incorporating any content from the Service for the purpose of training, developing, or enhancing AI models or technology, nor for creating databases for AI or machine learning purposes, without explicit, written permission from LinkNow® Media or relevant content owners. Furthermore, you shall not, without limitation, use the Website on a service bureau basis or otherwise for the benefit of third parties, nor allow any entity involved in the development, training, or deployment of artificial intelligence technology to use the Content for training, developing, enhancing, or deploying artificial intelligence models, including LLMs, without clear, explicit, and written prior consent from LinkNow® Media.
Upon written request, LinkNow® Media will provide you with a copy of the Website by email, unless there is any balance owed on your account, in which case full payment will be required prior to release. For purposes of certainty, LinkNow® Media shall have no obligation to support or update the Website except to the extent you have a current service agreement for us to do so.
Registration of the domain name and/or email accounts, if these were not initially provided by yourself, shall be transferred to you within a reasonable time upon written request to LinkNow® Media, as long as all outstanding fees owed by you have been paid, subject to your reimbursement of our costs and expenses related thereto.
Notwithstanding the foregoing, in the event your Website was developed as per one of LinkNow® Media’s promotions, and you are paying the one time design fee as part of a month-to-month fee, the registration of the domain name, if it was not initially provided by you, the ownership and the control of the Website shall remain with LinkNow® Media until LinkNow® Media has received payment for six (6) months of monthly fees from you, at which point you shall be granted the license as contemplated in paragraph 2 of this Section and LinkNow® Media will arrange, as per paragraph 3 of this Section, for the registration of the domain name to be transferred to you upon your request, subject to reimbursement of our costs and expenses related thereto.
Notwithstanding anything to the contrary in these TCs and without limiting the generality of the foregoing, you understand and specifically accept that LinkNow® Media may utilize, from time to time, in its discretion as is customary in the industry, pictures or graphical elements, and other third-party materials and intellectual property, which are the property of others and licensed to LinkNow® Media for inclusion in websites LinkNow® Media designs for its clients. Such third-party content remains the property of their owners and LinkNow® Media’s client is only extended the benefits under LinkNow® Media’s license agreement with their respective owners and solely for the usage in the Website subject to these TCs. You understand and agree that you are not allowed to use these materials anywhere other than as part of the Website, including, for example and without limiting the generality of the preceding, in print format, letterhead, PowerPoint presentations or similar. Violations of this paragraph may result in the owners of said material, and/or LinkNow® Media, taking legal action against you.
For purposes of this Section, terms such as "Aggregate Consumer Information," "Business Purpose," "Deidentified," "Personal Information," "Sell," and "Service Provider" shall have the meaning ascribed to them in the California Consumer Privacy Act of 2018, including any related regulations ("CCPA"). The term "Data Privacy Laws" shall mean all applicable federal, state, and local laws, rules, regulations, directives, and governmental requirements relating to privacy, confidentiality, or security of Personal Information, including without limitation to the extent applicable, the CCPA.
LinkNow® Media ensures that all AI systems and technologies used for communication purposes comply with applicable data security and privacy regulations, including but not limited to the CCPA and GDPR. We implement robust security measures to protect the integrity and confidentiality of personal information processed by our AI systems.
With respect to Personal Information we receive in connection with the Package and Services, you and LinkNow® Media intend and agree that LinkNow® Media is your Service Provider within the meaning of the CCPA. Accordingly, LinkNow® Media will retain, use, and the Personal Information only as necessary for the purposes of providing the Package and performing the Services, except as permitted of a Service Provider under the CCPA or as required by applicable law.
You represent and warrant that you have all necessary rights and consents, and that you have and will provide all notices required by the CCPA, to provide LinkNow® Media the Personal Information in connection with the Package and Services for use as set forth in these TCs. You are solely responsible for determining the purposes and means of the processing of your Personal Information. You represent and warrant that you will only use the Package and Services for Business Purposes, and that it will not transfer any Personal Information to LinkNow® Media in a manner that would constitute a Sale.
If LinkNow® Media receives any requests to know or requests to delete, as those terms are defined by the CCPA, from individuals with respect to Personal Information, LinkNow® Media shall inform the requesting individual that the request has not been acted upon because the request was sent to a service provider and shall make commercially reasonable efforts to promptly inform Client of the request. LinkNow® Media shall reasonably cooperate and assist Client with meeting Client’s obligations under Data Privacy Laws, subject to reasonable time and materials charges.
You are solely responsible for any third-party collection, use, retention, or disclosure of Personal Information in connection with the Website (for example, third-party digital marketing and analytics cookies). You are also solely responsible for the Website’s operations and compliance with Applicable Data Protection Laws. Without limiting the forgoing, you represent and warrant that you shall post on the Website an accurate privacy policy compliant with all Applicable Data Protection Laws and comply with all applicable self-regulatory guidelines, including without limitation Digital Advertising Alliance (DAA), Network Advertising Initiative (NAI), and the Children’s Advertising Review Unit (CARU). LinkNow® Media shall post applicable notices at your direction, but you are solely responsible for developing and maintaining such notices and otherwise ensuring that you operate the Website consistent with applicable laws, including without limitation Data Protection Laws.
Without limiting the generality of the foregoing and in accordance with our Privacy Policy (https://linknow.com/privacy-policy/), LinkNow® Media may retain, use, and disclose Personal Information in a manner permitted by the CCPA of a Service Provider or as required by applicable law or a government or regulatory body. Such permitted uses include, but are not limited to, (i) retaining and employing another Service Provider as a subcontractor; (ii) using and adapting content from the Service for the purpose of training, developing, or enhancing AI models or technology, and for creating databases for AI or machine learning purposes; (iii) for internal use to build and improve the quality of the Package or Services, provided it does not build or augment consumer profiles in providing services to another Business; (iv) for fraud prevention; and (v) complying with legal requirements, exercising or defending legal claims, or (vi) processing Deidentified or Aggregate Consumer Information that is no longer Personal Information, including the use of such information for the development, training, enhancement, or deployment of artificial intelligence models, including LLMs, with or without explicit, written consent from other content owners.
Notwithstanding the present section, subject only to applicable law, nothing in the present section shall be interpreted as changing the B2B relationship between you and LinkNow® Media to one of business-to-consumer.
LinkNow® Media provides to all of its clients who purchase a Package which includes hosting services an allotted monthly bandwidth of 3000MB (the "Bandwidth Limit").
Use of bandwidth in any given month in excess of the Bandwidth Limit will be subject to an additional charge of $1.95 per Gigabyte (GB). LinkNow® Media offers bandwidth increases only in one (1) GB blocks and it is thus your responsibility to adjust your bandwidth allotment as per your own specific needs. If you go over the Bandwidth Limit, we will notify you.
IF YOU HAVE PREPAID ONGOING SERVICES (SUCH AS HOSTING OR MARKETING SERVICES), ON THE LAST DAY OF THE APPLICABLE CONTRACT TERM, UNLESS NOT ALLOWED BY APPLICABLE LAW, THE SERVICES WILL AUTOMATICALLY BE RENEWED ON A MONTH-TO-MONTH BASIS AT THE THEN-CURRENT MONTHLY POSTED RATES. FOR MORE CLARITY, YOU UNDERSTAND AND AGREE THAT LINKNOW® MEDIA RESERVES THE RIGHT TO MODIFY THE THEN-CURRENT MONTHLY POSTED RATES FOR ANY SERVICES PROVIDED UNDER THIS AGREEMENT, INCLUDING AUTO-RENEWALS. LINKNOW® MEDIA WILL PROVIDE YOU WITH ELECTRONIC WRITTEN NOTICE OF ANY RATE CHANGES AT LEAST 30 DAYS PRIOR TO THE EFFECTIVE DATE OF SUCH CHANGES FOR LONGER THAN ONE MONTH TERM PACKAGES AND AT LEAST 60 DAYS PRIOR FOR MONTH-TO-MONTH SHOULD YOU DECIDE TO CANCEL ANY ONGOING SERVICES, INCLUDING FOR MARKETING OR HOSTING, WITH LINKNOW® MEDIA BEFORE THE END OF YOUR PREPAID TERM, 50% OF THE REMAINDER OF YOUR PREPAID TERM IS NON- REFUNDABLE. FOR CLARITY, LINKNOW® MEDIA DOES NOT OFFER REFUNDS FOR WEB DESIGN SERVICES OR SERVICES PERFORMED UP TO AND INCLUDING THE DATE OF CANCELLATION.
SUBJECT TO THE FIRST PARAGRAPH OF THIS SECTION, YOU MAY MODIFY OR CANCEL YOUR PACKAGE WHICH RELATES TO HOSTING OR MARKETING SERVICES AT ANY TIME, INCLUDING AT THE END OF THE APPLICABLE CONTRACT TERM. TO DO SO, YOU MUST EITHER (A) CONTACT OUR ACCOUNT SUPPORT DEPARTMENT, BY PHONE ONLY, NO LATER THAN THREE (3) BUSINESS DAYS PRIOR TO ONE OF: 1) YOUR NEXT MONTHLY BILLING, 2) THE END OF THE APPLICABLE CONTRACT TERM, OR 3) ANY RENEWAL THEREOF, OR (B) SEND A WRITTEN NOTICE OF CANCELLATION OR MODIFICATION OF PLAN SENT TO LINKNOW® MEDIA VIA USPS MAIL WITH PROOF OF DELIVERY AND SIGNATURE AT 5601 PARÉ ST., SUITE 210, MONTREAL, QC, CANADA, H4P1P7 AND SUCH NOTICE MUST BE RECEIVED BY US NO LATER THAN THREE (3) BUSINESS DAYS PRIOR TO ONE OF: 1) YOUR NEXT MONTHLY BILLING, 2) THE END OF THE APPLICABLE CONTRACT TERM, OR 3) ANY RENEWAL THEREOF PROVIDED THAT SUCH WRITTEN NOTICE MUST BE SUBSEQUENTLY VALIDATED BY PHONE WITH THE OWNER OF THE APPLICABLE ACCOUNT. FOR MORE CLARITY, UNDER NO CIRCUMSTANCE WILL EMAILS BE ACCEPTED BY LINKNOW® MEDIA FOR PURPOSES OF CANCELLING OR MODIFYING A PACKAGE. YOU UNDERSTAND AND AGREE THAT LINKNOW® MEDIA RESERVES ITSELF THE RIGHT, IN THE EVENT OF A CANCELLATION, INCLUDING THOSE THAT MIGHT RESULT IN A REFUND TO YOU, TO CHARGE YOU OR WITHHOLD UP TO FIFTY DOLLARS ($50) ON SAID REFUND IN ORDER TO COVER ITS ELECTRONIC PAYMENT FEES AS WELL AS OTHER COSTS IT INCURS IN SUCH EVENTS.
UPON RECEIPT OF A NOTIFICATION THAT MEETS THE REQUIREMENTS OF THE PRIOR PARAGRAPH, LINKNOW® MEDIA WILL DEACTIVATE THE WEBSITE AND NO FURTHER MONTHLY PAYMENT WILL BE CHARGED TO YOU. LINKNOW® MEDIA WILL ALWAYS ISSUE A CANCELLATION EMAIL NOTIFICATION. YOU SHOULD MAKE SURE THAT YOU HAVE RECEIVED THIS EMAIL AS PROOF THAT YOUR CANCELLATION HAS BEEN SUCCESSFULLY PROCESSED BY LINKNOW® MEDIA.
LINKNOW® MEDIA MAY RETAIN YOUR WEBSITE AND EMAILS ON ITS BACK-UP SERVERS FOR A MINIMUM OF SIX (6) MONTHS FROM THE DEACTIVATION OF YOUR WEBSITE. DURING THIS TIME, AT YOUR REQUEST, IF THE DATA IS STILL AVAILABLE, LINKNOW® MEDIA WILL: (I) REACTIVATE YOUR WEBSITE SUBJECT TO A $199 (PLUS APPLICABLE TAXES) REINSTATEMENT FEE OR (II) PROVIDE YOU A COPY OF YOUR WEBSITE PROVIDED THE ONGOING LICENSE TO THE WEBSITE HAS BEEN GRANTED TO YOU IN ACCORDANCE WITH, AND AS CONTEMPLATED IN, THE OWNERSHIP OF INTELLECTUAL PROPERTY SECTION ABOVE. ONCE YOUR WEBSITE HAS BEEN DELETED FROM LINKNOW® MEDIA’S BACK-UP SERVERS, LINKNOW® MEDIA WILL BE UNABLE TO REACTIVATE YOUR WEBSITE AND/OR PROVIDE YOU A COPY OF YOUR WEBSITE OR RELATED DATA.
You may not operate or use the Services of LinkNow® Media, including the Website, for unacceptable uses, including without limitation in a manner that violates any applicable law, or is, in LinkNow® Media’s judgment, likely to cause harm (including to reputation) of LinkNow® Media or any third party. Such uses, as deemed by LinkNow® Media in its sole discretion, will result in an immediate termination of all services provided by LinkNow® Media, including the deactivation of the Website. You are solely responsible for ensuring that the content and your operation of the Website complies with all applicable laws, including without limitation regarding advertising and sales, data privacy and security and disability accessibility.
Unacceptable use includes, but is not limited to, any of the following:
Notwithstanding anything to the contrary, account termination by LinkNow® Media due to any violation of this unacceptable use policy may, in our sole discretion, result in termination of the Services and automatic acceleration of all amounts payable under the present TCs for the remaining of the Term and/or forfeiture of all funds already received.
REFUNDS ARE NOT OFFERED FOR WEB DESIGN SERVICES OR ANY COMPLETED SERVICES UP TO THE CANCELLATION DATE. FOR MARKETING OR HOSTING SERVICES, CANCELLATION BEFORE THE END OF THE PREPAID TERM WILL RESULT IN A PARTIAL REFUND OF 50% OF THE UNUSED PORTION OF THE TERM. HOWEVER, THE MINIMUM NON-REFUNDABLE AMOUNT SHALL BE NO LESS THAN THE EQUIVALENT OF THIRTY (30) DAYS OF SERVICE AT YOUR CURRENT RATE.
TO REQUEST A REFUND, THE ACCOUNT HOLDER MUST CALL 1-833-381-1167 AND VERIFY THE REQUEST WITHIN THREE (3) DAYS BEFORE THE START OF THE NEXT BILLING CYCLE. EMAIL REQUESTS WILL NOT BE ACCEPTED, ENSURING PROPER VERIFICATION OF THE ACCOUNT HOLDER’S IDENTITY. REFUNDS WILL ONLY BE ISSUED THROUGH THE ORIGINAL PAYMENT METHOD AND MAY TAKE UP TO TEN (10) BUSINESS DAYS FOR PROCESSING. RECEIPTS WILL BE SENT ELECTRONICALLY TO THE REGISTERED EMAIL ON FILE UPON APPROVAL OF THE REFUND REQUEST. UPON CANCELLATION, YOUR WEBSITE WILL REMAIN OPERABLE FOR THE REMAINDER OF THE BILLING CYCLE AND ALL OF YOUR FILES WILL BE RETURNED BUT WILL REMAIN SUBJECT TO THE RIGHTS GRANTED TO LINKNOW® MEDIA HEREIN (SEE SECTION "OWNERSHIP OF INTELLECTUAL PROPERTY" ABOVE). AFTER YOU CANCEL THE SERVICE, YOUR POST-TERM USE OF THE MATERIALS YOU RECEIVED UNDER THIS AGREEMENT WILL BE WITHOUT WARRANTY AND ALL MAINTENANCE AND SERVICES PROVIDED UNDER THIS AGREEMENT WILL CEASE. ANY MONEY REFUNDED IS DONE SO THROUGH THE EXACT SAME METHOD BY WHICH IT WAS ORIGINALLY PAID. REFUNDS NEED NOT BE ISSUED IN ANY OTHER FASHION. IN CASE OF AN AUTHORIZED REFUND, RECEIPTS WILL BE EMAILED TO THE EMAIL ADDRESS YOU HAVE PROVIDED TO LINKNOW® MEDIA.
In connection with the services provided, LinkNow® Media may offer access to third-party policy generation tools pro-vided by Termageddon, LLC ("Termageddon") including, but not limited to, Privacy Policy, Terms of Service, and Cookie Policy generators ("Policy Tools"). By utilizing these Policy Tools, you acknowledge and agree to the following terms:
LinkNow® Media maintains accountability for its AI-driven communication systems and ensures they operate within the bounds of legal and ethical standards. We regularly review and update our AI systems to ensure compliance with all relevant laws and regulations.
By using the services provided by LinkNow® Media and accessing the Policy Tools, you acknowledge having read, understood, and agreed to the terms set forth in this clause. If you do not agree with these terms, you are advised not to use the Policy Tools provided.
AS RELATES TO THE SERVICES AND THE WEBSITE, TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
In the event that you subscribed for additional search engine optimization services (commonly referred to as "SEO") and similar services from LinkNow® Media, you understand and acknowledge that LinkNow® Media is not Google or any other search engine operator and that LinkNow® Media cannot guarantee ranking. LinkNow® Media will devote, within the limits of the services subscribed, reasonable efforts to improve the Website ranking with key word optimization, brainstorming with you, providing you with assistance for your content development at its discretion.
To the full extend not prohibited by applicable law, you will defend, indemnify, and hold harmless LinkNow® Media, its affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any and all claims, liabilities, losses, damages, expenses and costs (including, but not limited to, reasonable legal fees) caused by or arising from (i) except to the extent of third-party damages arising solely out of our breach, our intentional misconduct, or breach of our material obligations under these TCs, anyone’s access to, or use of, the Website or any Services we provide to you, (ii) your violation of these TCs; (iii) any breach by you of applicable laws or self-regulatory obligations; and (iv) the infringement of any intellectual property or other right of any third party arising out of any materials you provide or modify. Nothing in this paragraph shall be deemed to create any responsibility for LinkNow® Media other than those already created by other provisions of the present agreement nor reduce, modify, or invalidate any part of the paragraph above, Disclaimer and Limitation of Liability.
You understand and give your express and irrevocable consent that LinkNow® Media may communicate with you electronically, including, but without limitations, via text messages for which you may incur costs with your wireless provider, and provide you with contractual documents, notices, disclosures, information, and other materials, including, but without limitations, marketing and advertising content, in electronic form (collectively "Electronic Records"), instead of paper form in accordance with The Electronic Signatures in Global and National Commerce Act. This consent to receive Electronic Records applies to all contractual documents, notices, disclosures, documents, records, or other materials of any kind that LinkNow® Media may be required to or wish to provide to you. Electronic Records will be provided on our website, through our services or sent to the email address associated with your LinkNow® Media account. Consequently, if your cell phone number or your email changes, you agree to immediately inform LinkNow® Media and agree to be liable for any fees, penalties, damages, or charges otherwise incurred. You may change the email address and/or telephone numbers, including cell phone number, associated with your LinkNow® Media account by going to the Members Area page at https://linknowmembers.com. You may wish to print out the Electronic Records and keep them for your records. If you have any trouble printing out, downloading, and/or accessing any Electronic Records, you may contact us by writing to us at LinkNow® Media Customer Care, Attn: Electronic Records, 5601 Paré St., Suite 210, Montreal, QC, Canada, H4P1P7.
LinkNow® Media is a Business to Business (B2B) company that provides website design and marketing services to other businesses. Given the nature of LinkNow® Media’s B2B services, any outbound calls, including telemarketing calls, are directed to businesses only. Telephone calls are not directed to consumers, as LinkNow® Media does not offer any consumer products or services. Nonetheless, LinkNow® Media maintains an internal Do Not Call list. To be added to our Internal DNC List, please see the Opt-Out Instructions below.
By accepting these TCs, you consent to receive communications generated or facilitated by AI, including but not limited to calls, emails, and text messages. You acknowledge that these communications may be monitored or recorded for quality assurance and training purposes.
LinkNow® Media reserves itself the right to change these TCs at any time. Any such change shall however be suspended until the end of the then current contract term and apply only to renewal thereof. If you feel the changes are unacceptable, you may cancel your Package effective at the end of the then-current contract term as described in the Renewal Section of these TCs.
For the purposes of these TCs, the date and time of any transaction will be the date and time in the U.S. Eastern Time Zone, including adjustments for Daylight Savings Time.
Taxes will apply wherever applicable by law.
All charges and/or amounts are billed in U.S. dollars. LinkNow® Media reserves the right to charge interest for all unpaid amounts in the amount of the eighteen per cent (18%) per annum until such unpaid amounts are fully paid.
The details of the ways that we collect, use and disclose personal information is set out in our Privacy Policy (https://linknow.com/privacy-policy/). By accepting these TCs, you also accept the terms of our Privacy Policy and consent to our practices as described therein.
LinkNow® Media is committed to maintaining transparency in the use of AI technologies. The details of how AI is used in communications, and the ways in which personal information is collected, used, and disclosed, are set out in our Privacy Policy. By accepting these TCs, you also accept the terms of our Privacy Policy regarding AI usage.
The additional terms and conditions in our Terms of Use at https://linknow.com/terms-of-use/ are incorporated herein by reference; provided, however, that in the event of a conflict these TCs shall govern with respect to the Services and the Website.
The parties explicitly and irrevocably agree that these TCs shall be construed under and shall be governed by the laws of the province of Ontario and those of Canada applicable to the province of Ontario without reference to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.
The parties irrevocably elect domicile in the city of Ottawa, province of Ontario, Canada for the purpose of the TCs and, subject to the dispute resolution provisions of these TCs, irrevocably agree that the courts of the east judicial region of the province of Ontario, Canada shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Agreement, including, but without limiting the preceding, any issue related to applicable law.
Subject to applicable laws, you hereby absolutely, irrevocably and unconditionally waive trial by jury in any litigation, action, claim, suit or proceeding, at law or in equity, arising out of, pertaining to or in any way associated with the covenants, undertakings, representations or warranties set forth herein, the relationships of LinkNow® Media and yourself, these Terms and Conditions or any other agreement, instrument or document entered into in connection herewith, or any actions or omissions in connection with any of the foregoing (collectively, a "Claim"). Any Claim arising out of the present agreement, any dispute concerning the enforcement thereof, including, but without limitation of the preceding, its cancellation, and any dispute arising from a problem of interpretation of the present agreement shall be exclusively submitted to binding arbitration, at the exclusion of ordinary courts, before a single arbitrator held in Ottawa, Ontario in English. The parties hereto agree that the current provisions of the (Ontario) Arbitration Act, 1991, S.O. 1991, c.17 shall govern any arbitration held under this section. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Any such Claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates’ lawyers, insurance providers, auditors and other professional advisers. The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent. Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, LinkNow® Media reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
LinkNow® Media may assign these TCs, in whole or in part, at any time. LinkNow® Media's failure to insist upon or enforce strict performance of any right or provision of these TCs shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these TCs, as amended from time to time, are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, as determined under the present section, such determination shall not affect the remaining provisions (or parts thereof) contained herein which shall remain in full force and effect and shall be construed as if the invalid provision had been omitted. To the extent permitted by applicable law, you agree to waive and will waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. The parties to these TCs hereby confirm their express wish that these TCs, as well as all other documents related to it, including but not limited to all confirmations, notices, waivers, consents and other communications between the parties in connection with these TCs be in the English language only and declare themselves satisfied with this. Les parties aux présentes conditions générales par les présentes confirment leur volonté expresse que ces termes et conditions, ainsi que tous les autres documents concernant, y compris mais non limité à toutes les confirmations, les avis, les dispenses, les consentements et les autres communications entre les parties dans le cadre de ces termes et conditions soient en langue anglaise seulement et se déclarent satisfaits de cela.