Terms & Conditions
1 Parties
1.1 These Terms and Conditions (the “Agreement”) are entered into by and between Link Technologies, Inc., a Missouri corporation, doing business as (“d/b/a”) TowerCoverage.com (hereinafter referred to as “Company”), and the purchaser of any products or services (hereinafter referred to as “Customer”)
1.2 All references to “Company” shall include Link Technologies, Inc., TowerCoverage.com, and their respective affiliates, subsidiaries, successors, and assigns.
2 Acceptance of Terms
2.1 By placing an order or service request with the Company, Customer agrees to be bound by this Agreement.
2.2 Orders or service requests may be made verbally, electronically (including email, website, or facsimile), or by any other means that causes Company to provide products or services.
2.3 Any terms proposed by Customer that conflict with this Agreement shall be null and void unless expressly agreed to in writing and signed by an authorized officer of the Company.
2.4 The Company reserves the right to reject any order or service request in its sole discretion.
3 Products and Services
3.1 The Company strives to ensure the accuracy of all product and service descriptions.
3.2 The Company does not warrant that any descriptions, specifications, or content are complete, current, error-free, or reliable.
4 Purchasing and Payment
4.1 Prices shall be those set forth in the Company’s then-applicable price list, proposals, or written agreements, exclusive of applicable taxes and shipping.
4.2 Support requests initiated by Customer (including Help Desk Tickets) are billable at a minimum of one-half (½) hour at the Company’s then-current hourly rate.
4.3 Payment terms shall be as set forth on the Company’s invoice. Accepted forms of payment include MasterCard, Visa, PayPal, ACH, check, and cash. Payments exceeding $5,000 made via credit card are subject to a 3% convenience fee.
4.4 International orders must be prepaid in U.S. funds via wire transfer.
4.5 The Company reserves the right to withhold or condition shipment upon timely payment and may collect any amounts more than thirty (30) days past due by charging Customer’s credit card on file or debiting via ACH, as authorized.
4.6 Customers with approved credit terms must remit payment within thirty (30) days. Late balances are subject to interest at 1.5% per month (18% annually) or the maximum permitted by law.
4.7 By submitting an order, subscription, or invoice, Customer agrees to hold the Company harmless for any disconnected services or other losses resulting from removal of configurations, inability to access, or other measures the Company may take to protect its intellectual property or collect debt. Services may be reverted to factory defaults in such cases.
4.8 Customer acknowledges that if reasonable attempts to collect debt have been made, the Company may disable, remove configuration, or modify network devices previously under its management in order to enforce collection.
4.9 The Company will use commercially reasonable efforts (“best effort”) to provide services, including but not limited to managed mail, servers, and billing systems.
4.10 The Company makes no guarantee regarding uptime, performance, or results.
4.11 By paying an invoice, Customer agrees to these terms.
4.12 The Company may charge Customer’s credit card on file for services rendered without prior notice.
5 TowerCoverage.com Accounts
5.1 Accounts may be established via credit card or PayPal and shall renew automatically on a monthly or yearly basis, depending on the selected service term.
5.2 Annual accounts may be invoiced and paid by acceptable methods (MasterCard, Visa, PayPal, ACH, check, or cash).
5.3 All payments must be made in U.S. currency. No exceptions shall be made without prior written approval.
5.4 Subscription services are non-refundable and will not be prorated. Customer may unsubscribe at any time to prevent future billing.
5.5 Two-day free trial accounts require no payment. Upon expiration, accounts convert automatically to “Free Account Status” unless upgraded. If upgraded, recurring billing begins on the service date.
5.6 Fourteen-day free trial accounts require a valid billing agreement (credit card or PayPal). Recurring billing begins automatically after the trial unless canceled prior to expiration.
5.7 Accounts may be upgraded or downgraded, with billing automatically adjusted accordingly.
5.8 Accounts inactive for three (3) months or longer are subject to deletion of all stored data.
6 Security Interest
6.1 Customer grants the Company a purchase-money security interest in all products and services until payment in full is received.
6.2 The Company may file financing statements and exercise all remedies of a secured party under the Uniform Commercial Code in the event of default.
7 Credit Terms
7.1 Credit terms may be made available upon completion of the Company’s credit application and payment of a non-refundable $50 processing fee.
7.2 Approval is subject to the Company’s discretion and/or third-party review.
7.3 Credit terms are available for hardware purchases only and may not be used for services, labor, subscriptions, licensing, or hosting.
7.4 Payment is due within thirty (30) days and subject to all payment terms herein.
8 Credits and Refunds
8.1 Credits may be issued pursuant to the Company’s policies and may be applied only to future invoices.
8.2 Refunds are limited to documented overpayments. No cash refunds shall be issued.
8.3 Credits expire two (2) years from the date of issuance.
8.4 Services, subscriptions, training, licensing, and support are strictly non-refundable.
9 Default and Remedies
9.1 Returned checks are subject to a $25 fee plus any bank charges incurred.
9.2 Non-payment may result in service suspension, reversion to factory defaults, repossession of intellectual property, or referral to collections.
9.3 Customer shall be responsible for all costs of collection, including reasonable attorneys’ fees.
10 Disputes
10.1 Any claims of shortage or nonconformance must be reported within three (3) days of delivery and confirmed in writing within five (5) days. Failure to do so constitutes acceptance.
10.2 Unresolved disputes shall be resolved exclusively by binding arbitration in the State of Missouri under the rules of the American Arbitration Association.
10.3 Either party may seek injunctive relief for violations of intellectual property rights in state or federal courts located in Missouri, to whose jurisdiction the parties irrevocably submit.
11 Shipping, Risk of Loss, and Insurance
11.1 All shipments are FOB origin; title and risk of loss pass to Customer upon delivery to the carrier.
Customer is responsible for shipping insurance and all related costs.
11.2 Orders will ship in accordance with the Company’s shipping policy on the date of shipment.
11.3 Some orders may require additional time for payment verification or product availability. Expedited shipping may be available upon request.
11.4 Tracking information will be provided to Customer once available.
11.5 The Company ships only to verifiable billing addresses. Orders with unverifiable addresses may be held or canceled.
11.6 New customers must ship to the billing address on the credit card or verified address via PayPal.
11.7 Pallet or oversized shipments require special arrangements.
11.8 A signature is required for delivery unless Customer executes a written waiver. By signing such waiver, Customer accepts full liability for loss or damage.
11.9 Customer shall obtain all required licenses, permits, and approvals for shipment in compliance with all applicable U.S. and international laws.
11.10 The Company does not guarantee delivery dates or product availability beyond the obligations of FOB shipment.
12 General Return and Warranty Information
12.1 Products may be returned within thirty (30) days of invoice if in “as new” resalable condition and accompanied by original packaging and accessories.
12.2 Approved returns may receive a credit equal to the invoiced amount, less shipping and handling.
12.3 Returns outside the thirty (30) day window or not in resalable condition may be subject to a restocking fee of up to forty percent (40%).
12.4 The Company offers a one (1) year limited warranty on hardware sold, unless otherwise specified in writing.
12.5 No warranty or return rights are granted for services, subscriptions, software, or data files.
12.6 No warranty applies to products damaged by misuse, power surges, overvoltage, or physical damage.
13 Ubiquiti Return and Warranty Information
13.1 All sales of Ubiquiti products are final. The Company does not provide returns, refunds, or exchanges.
13.2 Ubiquiti products are covered solely by the manufacturer’s warranty. Customer must contact Ubiquiti directly for warranty claims.
14 Mimosa and Netonix Return and Warranty Information
14.1 Manufacturer policies govern warranty claims for Mimosa and Netonix products. Customer must contact the manufacturer directly for repairs or replacements.
14.2 If the product is Dead on Arrival (DOA), Customer may contact the Company for RMA authorization.
14.3 The Company may charge testing, repair, and shipping fees for handling Mimosa and Netonix returns.
14.4 Advanced replacement is not available for Mimosa or Netonix products.
15 MikroTik Return and Warranty Information
15.1 Customers must first open a ticket with MikroTik before requesting a Company RMA. Ticket numbers must be provided.
15.2 A per-item deposit is required for MikroTik returns. Deposits are refunded if the repair or replacement is covered under warranty.
15.3 All MikroTik products must first be attempted to be “net-installed” by Customer prior to return.
15.4 Technical support fees may apply to MikroTik products repaired by “net-install” and returned via the Company’s RMA process.
16 RMA (Returned Merchandise Authorization) Policy
16.1 All returns require a valid RMA number issued by the Company. Unauthorized returns will be refused.
16.2 Shipping and handling charges are non-refundable.
16.3 Warranty coverage is one (1) year on new products unless otherwise noted in writing. Dealer warranty for DOA products is ten (10) days.
16.4 Returned items must arrive at Company facilities within ten (10) business days after RMA issuance.
16.5 Customer is responsible for shipping costs of returns, except where expressly covered by warranty.
16.6 Returned items must include original packaging, cables, manuals, and accessories.
16.7 Products not in “as new” condition, physically damaged, or missing components will be rejected.
16.8 A restocking fee of up to forty percent (40%) may apply to non-defective items returned outside policy guidelines.
16.9 The Company requires a minimum of ten (10) business days for RMA evaluation.
17 Cross-Shipment and Advanced Replacement
17.1 Cross-shipment is defined as the Company shipping a replacement product at the same time Customer ships a potentially defective product back.
17.2 The Company does not cross-ship new products without full payment and agreement to advanced replacement terms.
17.3 Advanced replacement requires Customer to prepay for replacement products, taxes, and shipping.
17.4 If the defective unit is later confirmed to be covered under warranty, Customer may receive account credit for the original purchase but not for the advanced replacement.
17.5 If no manufacturer defect is found, Customer must pay return shipping or disposal costs for the returned unit and will retain both products.
17.6 Advanced replacement is not guaranteed and may be approved or denied at the Company’s sole discretion.
18 Termination
18.1 The Company may suspend or terminate Customer’s access to products or services immediately and without prior notice if Customer breaches this Agreement.
18.2 Upon termination, Customer’s right to use the affected services will cease immediately.
18.3 Termination does not relieve Customer of obligations for unpaid invoices, outstanding orders, or subscription fees through the end of their term.
19 Indemnification
19.1 Customer agrees to defend, indemnify, and hold harmless the Company, its affiliates, directors, officers, employees, and agents from all claims, damages, costs, and expenses (including attorneys’ fees) arising out of Customer’s:
19.1.1 Use of the Company’s products or services, or
19.1.2 Breach of any provision of this Agreement.
20 Limitation of Liability
20.1 In no event shall the Company be liable for any indirect, incidental, special, punitive, or consequential damages, including lost profits, data loss, or business interruption.
20.2 The Company’s liability for any claim shall not exceed the purchase price actually paid for the product or service giving rise to the claim.
21 Applicable Law
21.1 This Agreement shall be governed by and construed under the laws of the State of Missouri, without regard to conflict of law principles.
21.2 Customer consents to exclusive jurisdiction of courts located in Missouri for any action not subject to arbitration under this Agreement.
22 Disclaimer of Warranties
22.1 All products and services are provided by the Company on an “AS IS” and “AS AVAILABLE” basis.
22.2 The Company disclaims all express or implied warranties, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.
22.3 The Company does not warrant uninterrupted, error-free, or virus-free operation of its sites, servers, or services.
23 Intellectual Property
23.1 All content, data, documents, drawings, text, and materials provided by the Company are proprietary to the Company.
23.2 Customer shall not reproduce, distribute, modify, publish, display, or create derivative works without prior written authorization from the Company.
24 Modification and Severability
24.1 The Company reserves the right to modify these Terms and Conditions at any time by posting updates on its website.
24.2 If any provision of this Agreement is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.
25 Arbitration
25.1 This Agreement contains a binding arbitration clause.
25.2 All disputes shall be resolved by arbitration under the rules of the American Arbitration Association, conducted in Missouri.
25.3 The arbitrator’s award shall be final and binding and may be entered as judgment in any court of competent jurisdiction.
25.4 Class arbitration and consolidation of claims are expressly prohibited.