1. INTRODUCTION
1.1 – These terms and conditions (these “Terms”) are entered into by and between Linkstackers Ltd, registered under Gibraltarian law with business registration no. 125276, Victoria House, Office D, Suite 21/22, 26 Main Street, Gibraltar, GX11 1AA, (the “Company”), and the entity (the “Customer”; collectively, the “Parties”) accepting and placing the order for services provided by the Company as agreed in the order. These Terms govern the Parties’ rights and obligations with regard to the delivery of services from the Company to the Customer.
1.2 – These Terms and the order, including any appendices enclosed to the order, form the entire agreement between the Company and the Customer (the “Customer Agreement”). The effective date of the Customer Agreement is the date the Customer places the order in the Company’s proprietary platform (the “Order Platform”) or directly to a representative of the Company (the “Effective Date”).
1.3 – These Terms apply to all services provided by the Company to the Customer, including but not limited to the Company’s link building between the Customer and third parties (e.g., publishers) and preparation of articles, regardless of the ordering method.
2. SUBCONTRACTORS
2.1 – The Company may, at its sole discretion, engage one or more subcontractors or other third parties to perform and deliver (all or part of) the services under the Customer Agreement on its behalf.
3. ADDITIONAL SERVICES
3.1 – The Customer may acquire additional services (the “Additional Services”) from the Company. The specific terms, conditions, delivery, and pricing for these Additional Services shall be agreed separately between the Parties on a case-by-case basis and shall be concluded in writing either by placing an order in the Order Platform, a similar written instrument (e.g., email), or by phone to a Company representative.
3.2 – Unless otherwise specifically specified in the agreement concerning the Additional Services, these Terms shall also apply to the Company’s delivery of the Additional Services.
4. PRICING
4.1 – The Customer shall pay the agreed prices for the services set out in the order. All prices stated in the Order Platform are exclusive of VAT. The Company may adjust the prices and the price model in the Order Platform at any time.
5. PAYMENT TERMS
5.1 – Payment of a specific invoice shall be made by the Customer no later than 8 days after receipt of the invoice. In case of late payment, the Company shall be entitled to charge default interest in accordance with Article 25 of the Commercial Code (Chapter 13 of the Laws of Malta).
5.2 – If a service cannot be provided for reasons for which third parties (e.g., publishers) are responsible or cannot be provided within the period agreed in the order, the Customer will receive a credit note for amounts paid to the Customer’s specific credit account set up by the Company unless the Parties have agreed otherwise in a mutual written agreement.
5.3 – The Company will inform the Customer of the non-completion of the service and the crediting to the credit account.
6. ACKNOWLEDGEMENTS, REPRESENTATIONS, AND WARRANTIES
6.1 – The Customer acknowledges that the service is delivered based on the information provided to the Company by the Customer.
6.2 – The Customer acknowledges that the risk of validity and correctness of the information provided to the Company by the Customer lies solely with the Customer.
6.3 – The Company makes no warranty with regard to the service resulting in any increased revenue or other results, such as increased online traffic or reputational tracking, for the Customer.
7. REFERENCES
7.1 – The Parties’ rights to their names and trademarks will remain their separate and sole property; however, the Company is entitled to use the name and trademarks of the Customer for marketing purposes.
8. INDEMNIFICATION
8.1 – The Customer agrees to indemnify and hold the Company and its affiliates, directors, officers, employees, agents, and suppliers harmless from and against any liabilities, losses, damages, or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to the Company’s use of the information provided by the Customer for the service delivery or any willful misconduct on the Customer’s part.
9. LIABILITY AND LIMITATION OF LIABILITY
9.1 – The Parties are liable for damages in accordance with the general rules of Maltese civil law for any loss that the other Party may suffer, subject to the limitations set out below.
9.2 – The Company shall not be held liable for any indirect loss, including any operating loss, loss of time, costs related to investigations of a defect, or loss or damage caused by the service delivery.
9.3 – The Company’s liability shall, in any case, be limited to the value of the order.
10. CONFIDENTIALITY
10.1 – Each Party shall treat as confidential all information obtained as a result of, or in connection with, entering into or performing the Customer Agreement.
10.2 – The confidentiality obligation shall remain in effect for 5 years after the termination of the Customer Agreement.
11. FORCE MAJEURE
11.1 – The Company shall not be held liable for failure or delay in performing its obligations under these Terms due to events beyond its reasonable control (Force Majeure).
12. USE OF DATA
12.1 – The Customer accepts that the Company may use data in accordance with its privacy policy and applicable Maltese data protection laws, including the General Data Protection Regulation (GDPR).
13. GOVERNING LAW
13.1 – The Customer Agreement and any dispute arising out of or in relation to the Customer Agreement shall be governed by and construed in accordance with **Maltese law**.
14. VENUE
14.1 – Any dispute arising out of or in connection with the Customer Agreement shall be settled by the Maltese courts, with the **Court of Magistrates (Malta)** as the court of first instance.