Terms & Conditions

Terms and Conditions for Clients (Agencies)

1. Introduction
Welcome to Lynkss, your premier platform for connecting with top-tier North American digital marketing talent. By accessing or using our services, you agree to comply with and be bound by these Terms and Conditions, which govern your use of the platform as a client. Please read them carefully.

2. Services Provided
Lynkss provides a platform that enables agencies to connect with, hire, and manage freelancers for digital marketing and related services. Our services include, but are not limited to, project posting, talent selection, contract management, payment processing, and communication tools.

3. Account Registration and Use

Eligibility: You must be at least 18 years old and have the legal capacity to enter into contracts to use our platform. By registering, you confirm that all information you provide is accurate and truthful.
Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately if you suspect any unauthorized use of your account.
Profile Information: You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate and complete.

4. Client Responsibilities

Payment Obligations: You agree to pay for the services provided by freelancers according to the rates and terms agreed upon in the project agreement. All payments must be processed through the Lynkss platform. Lynkss prohibits making payments outside of the platform directly to freelancers.
Project Specifications: You are responsible for providing clear, detailed, and accurate project specifications, including scope, deliverables, deadlines, and any other relevant information.
Timely Communication: You agree to respond promptly to communications from freelancers and to provide necessary feedback and approvals in a timely manner. If you choose to communicate outside of the Lynkss platform, Lynkss cannot be held responsible for any miscommunication or issues that arise.
Confidentiality: You agree to keep confidential any information shared by freelancers that is marked or understood to be confidential. This obligation extends beyond the duration of the project.
Compliance with Laws: You agree to comply with all applicable laws, regulations, and professional standards in your use of the platform and in your interactions with freelancers.

5. Payments and Fees

Service Fees: Lynkss charges a service fee on top of the freelancer’s rates. The exact fee will be displayed at the time of booking. This fee covers the use of the platform and support services.
Invoicing and Payment Processing: Payments are processed through the Lynkss platform. You will receive invoices for each transaction, which must be paid within the specified time frame. Lynkss prohibits making payments outside of the platform directly to freelancers.
Disputed Payments: If you believe there is an error in the payment, you must contact Lynkss within 7 days of the payment date. We will investigate and, if necessary, make corrections.
Refunds: Refunds are subject to our 15-day money-back guarantee, provided the services were not satisfactory. Refund requests must be submitted within 15 days of the project’s completion.

6. Confidentiality and Non-Disclosure

Confidential Information: Both parties agree to maintain the confidentiality of all proprietary information disclosed during the project. Confidential information includes, but is not limited to, business strategies, financial information, and any other non-public information.
Obligations: You agree not to disclose, copy, or use the freelancer’s confidential information for any purpose other than the project for which it was provided. This obligation remains in effect for a period of five (5) years after the completion of the project.
Exclusions: Confidential information does not include information that is publicly available, independently developed by the receiving party, or disclosed under a legal obligation.

7. Intellectual Property

Ownership: All intellectual property created by the freelancer during the course of a project is transferred to you upon full payment. This includes, but is not limited to, written content, designs, code, and any other deliverables.
License to Use: Until full payment is made, you are granted a limited, non-exclusive license to use the deliverables for the purpose of evaluating their suitability.
Infringement: You warrant that any materials you provide to freelancers do not infringe on the intellectual property rights of third parties. You agree to indemnify Lynkss and the freelancer against any claims related to intellectual property infringement.

8. Dispute Resolution

Initial Resolution: In the event of a dispute between you and a freelancer, both parties are encouraged to resolve the matter amicably through direct communication.
Mediation: If the dispute cannot be resolved through direct communication, Lynkss offers mediation services to help reach a resolution.
Arbitration: Any disputes that cannot be resolved through mediation will be subject to binding arbitration in accordance with the rules of the American Arbitration Association (AAA). The arbitration will be conducted in the jurisdiction where Lynkss is registered.
Governing Law: These Terms and Conditions are governed by the laws of the jurisdiction where Lynkss is registered, without regard to its conflict of law principles.

9. Termination

Voluntary Termination: You may terminate your account at any time by providing written notice to Lynkss. Any outstanding obligations must be fulfilled before termination.
Termination by Lynkss: Lynkss reserves the right to suspend or terminate your account if you violate these Terms or engage in any conduct that, in our sole discretion, is harmful to the platform or its users.
Effect of Termination: Upon termination, your access to the platform will be revoked, and any ongoing projects will be canceled. You are responsible for any payments due up to the date of termination.

10. Limitation of Liability

General Limitation: Lynkss is not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising from your use of the platform.
Freelancer Conduct: Lynkss is a facilitator that connects agencies with freelancers. We cannot be held responsible for the conduct, actions, or performance of freelancers. Any issues or disputes arising from the freelancer’s work should be addressed directly with the freelancer or through the dispute resolution process.
Maximum Liability: In any case, Lynkss's total liability to you for any claims arising out of or related to these Terms shall not exceed the total amount paid by you to Lynkss in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Lynkss, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your use of the platform or your breach of these Terms.

12. Amendments

Lynkss reserves the right to modify these Terms and Conditions at any time. You will be notified of any significant changes, and your continued use of the platform after such changes constitutes your acceptance of the new Terms.

13. Miscellaneous

Entire Agreement: These Terms and Conditions constitute the entire agreement between you and Lynkss and supersede any prior agreements or understandings.
Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
No Waiver: The failure of Lynkss to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Terms and Conditions for Freelancers (Talents)

1. Introduction
Welcome to Lynkss, your gateway to connecting with leading agencies seeking top-tier North American digital marketing talent. By accessing or using our services, you agree to comply with and be bound by these Terms and Conditions, which govern your use of the platform as a freelancer. Please read them carefully.

2. Services Provided
Lynkss provides a platform that enables you to connect with agencies for digital marketing and related services. Our services include, but are not limited to, project browsing, proposal submission, contract management, payment processing, and communication tools.

3. Account Registration and Use

Eligibility: You must be at least 18 years old and have the legal capacity to enter into contracts to use our platform. By registering, you confirm that all information you provide is accurate and truthful.
Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately if you suspect any unauthorized use of your account.
Profile Information: You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate and complete.

4. Freelancer Responsibilities

Independent Contractor: You acknowledge that you are an independent contractor, not an employee of Lynkss or the agency client. You are solely responsible for your taxes, insurance, and compliance with all applicable laws.
Quality of Work: You agree to provide high-quality work that meets the standards and requirements outlined in the project agreement.
Confidentiality: You agree to maintain the confidentiality of any sensitive information shared with you by the agency and comply with the platform's Non-Disclosure Agreement (NDA) provisions. This obligation extends beyond the duration of the project.
Timely Communication: Maintain professional communication with clients and respond promptly to any inquiries or requests. If you choose to communicate outside of the Lynkss platform, Lynkss cannot be held responsible for any miscommunication or issues that arise.
Compliance: Ensure that your use of the platform and the services you provide comply with all applicable laws and regulations.

5. Payments and Fees

Service Fees: Lynkss charges a 10% service fee on the payments you receive from clients. This fee covers the use of the platform and support services.
Invoicing and Payment Processing: Payments will be processed through the Lynkss platform. You will receive funds after the completion of a project and approval from the client. Lynkss prohibits accepting payments outside of the platform directly from clients.
Refunds: You agree to the 15-day money-back guarantee offered to clients and understand that refunds may be issued if the client is not satisfied with the work. In such cases, the refunded amount may be deducted from your payment.

6. Confidentiality and Non-Disclosure

Confidential Information: Both parties agree to maintain the confidentiality of all proprietary information disclosed during the project. Confidential information includes, but is not limited to, business strategies, financial information, and any other non-public information.
Obligations: You agree not to disclose, copy, or use the client’s confidential information for any purpose other than the project for which it was provided. This obligation remains in effect for a period of five (5) years after the completion of the project.
Exclusions: Confidential information does not include information that is publicly available, independently developed by the receiving party, or disclosed under a legal obligation.

7. Intellectual Property

Ownership: All intellectual property created by you during the course of a project is transferred to the client upon full payment. This includes, but is not limited to, written content, designs, code, and any other deliverables.
License to Use: Until full payment is made, the client is granted a limited, non-exclusive license to use the deliverables for the purpose of evaluating their suitability.
Infringement: You warrant that any materials you create do not infringe on the intellectual property rights of third parties. You agree to indemnify Lynkss and the client against any claims related to intellectual property infringement.

8. Dispute Resolution

Initial Resolution: In the event of a dispute between you and a client, both parties are encouraged to resolve the matter amicably through direct communication.
Mediation: If the dispute cannot be resolved through direct communication, Lynkss offers mediation services to help reach a resolution.
Arbitration: Any disputes that cannot be resolved through mediation will be subject to binding arbitration in accordance with the rules of the American Arbitration Association (AAA). The arbitration will be conducted in the jurisdiction where Lynkss is registered.
Governing Law: These Terms and Conditions are governed by the laws of the jurisdiction where Lynkss is registered, without regard to its conflict of law principles.

9. Termination

Voluntary Termination: You may terminate your account at any time by providing written notice to Lynkss. Any outstanding obligations must be fulfilled before termination.
Termination by Lynkss: Lynkss reserves the right to suspend or terminate your account if you violate these Terms or engage in any conduct that, in our sole discretion, is harmful to the platform or its users.
Effect of Termination: Upon termination, your access to the platform will be revoked, and any ongoing projects will be canceled. You are responsible for any payments due up to the date of termination.

10. Limitation of Liability

General Limitation: Lynkss is not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising from your use of the platform.
Client Conduct: Lynkss is a facilitator that connects freelancers with agencies. We cannot be held responsible for the conduct, actions, or payment practices of clients. Any issues or disputes arising from the client’s actions should be addressed directly with the client or through the dispute resolution process.
Maximum Liability: In any case, Lynkss's total liability to you for any claims arising out of or related to these Terms shall not exceed the total amount paid by you to Lynkss in the 12 months preceding the claim.

11. Indemnification
You agree to indemnify, defend, and hold harmless Lynkss, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your use of the platform or your breach of these Terms.
12. Amendments
Lynkss reserves the right to modify these Terms and Conditions at any time. You will be notified of any significant changes, and your continued use of the platform after such changes constitutes your acceptance of the new Terms.
13. Miscellaneous

Entire Agreement: These Terms and Conditions constitute the entire agreement between you and Lynkss and supersede any prior agreements or understandings.
Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
No Waiver: The failure of Lynkss to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Non-Disclosure Agreement (NDA) for Freelancers

This Non-Disclosure Agreement (the "Agreement") is entered into as of the effective date below by and between:

1. Parties:

Disclosing Party: Lynkss and/or any agency client engaging the freelancer through the Lynkss platform.
Receiving Party: The freelancer receiving confidential information in connection with their work on the Lynkss platform.

(Hereafter collectively referred to as "Parties" and individually as "Party.")

2. Purpose: The Parties wish to engage in a professional relationship in which the freelancer will provide digital marketing or related services to agencies via the Lynkss platform (the "Purpose"). In the course of such engagement, the Disclosing Party may share certain confidential and proprietary information with the Receiving Party. This Agreement is intended to protect such confidential information.

3. Definition of Confidential Information: "Confidential Information" refers to any data, material, or information, whether written, oral, or otherwise, that is provided by Lynkss or the agency client to the freelancer and is marked or otherwise designated as confidential, or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure.

Confidential Information includes, but is not limited to:

Business plans, strategies, and practices of Lynkss or the agency client
Financial information, pricing, and forecasts
Client lists and client information
Marketing strategies and plans
Intellectual property, including trade secrets, patents, copyrights, and trademarks
Technical data, research, and product development related to the project
Any other information that is proprietary and confidential to Lynkss or the agency client

4. Obligations of the Freelancer: The freelancer agrees to:

Confidentiality: Maintain the confidentiality of the Confidential Information and take all reasonable precautions to protect it from unauthorized disclosure.
Use Limitation: Use the Confidential Information solely for the Purpose of completing the work assigned by the agency client via the Lynkss platform and not for any other purpose, including personal gain.
Non-Disclosure: Not disclose the Confidential Information to any third party without the prior written consent of Lynkss or the agency client.
Access Restriction: Limit access to the Confidential Information to those who need to know the information to perform the assigned work and ensure that they are bound by confidentiality obligations at least as restrictive as those in this Agreement.
Return of Information: Upon completion of the project or termination of the relationship, return or destroy all materials containing Confidential Information, including any copies, extracts, or summaries thereof, at the request of Lynkss or the agency client.

5. Exclusions from Confidential Information: The obligations of confidentiality do not apply to information that:

Is or becomes publicly available through no fault of the freelancer.
Was in the possession of the freelancer before disclosure by Lynkss or the agency client.
Is independently developed by the freelancer without reference to the Confidential Information.
Is disclosed with the prior written consent of Lynkss or the agency client.
Is required to be disclosed by law or legal process, provided the freelancer gives prompt notice to Lynkss or the agency client of such requirement and cooperates with the Disclosing Party to seek an appropriate protective order or other remedy.

6. Term of Confidentiality: The freelancer’s obligations of confidentiality under this Agreement will remain in effect for a period of five (5) years from the date of disclosure of the Confidential Information or until such time as the information no longer qualifies as Confidential Information under this Agreement, whichever occurs first.

7. No License: Nothing in this Agreement grants any rights or licenses under any patents, copyrights, trade secrets, or other intellectual property rights of Lynkss or the agency client, except as expressly set forth in this Agreement.

8. No Obligation to Disclose: Lynkss and the agency client reserve the right to determine, at their sole discretion, what Confidential Information, if any, is disclosed to the freelancer.

9. Remedies: The freelancer acknowledges that the unauthorized disclosure or use of Confidential Information could cause irreparable harm to Lynkss or the agency client. In the event of a breach or threatened breach of this Agreement, Lynkss or the agency client will be entitled to seek injunctive relief, specific performance, or other equitable relief in addition to any other legal remedies that may be available.

10. Governing Law and Jurisdiction: This Agreement will be governed by and construed in accordance with the laws of the jurisdiction where Lynkss is registered, without regard to its conflict of law principles. Any disputes arising from this Agreement will be resolved through binding arbitration in the jurisdiction where Lynkss is registered.

11. Entire Agreement: This Agreement constitutes the entire understanding between the freelancer and Lynkss (and/or the agency client) regarding the Confidential Information and supersedes all prior discussions, agreements, or understandings of any kind.

12. Acceptance of Terms: By using the Lynkss platform and engaging in any work with agency clients, the freelancer agrees to the Terms and Conditions, including this Non-Disclosure Agreement (NDA). No signature is required, and the freelancer's use of the platform constitutes acceptance of these terms.