Billing terms

Last updated February 1, 2026

1 Payment Processing & Fees

1.1 Card processing charges vs. surcharges

• Surcharges are heavily regulated. Adding a surcharge for using a credit card is legal in most U.S. states, but some states—such as Connecticut, Maine, Massachusetts and New York—ban them entirely. Where allowed, state laws and card-network rules cap the amount at the merchant’s cost of acceptance—roughly 2 %–3 % of the transaction. Merchants must notify card networks, may not surcharge debit or prepaid cards and must clearly disclose any surcharge as a separate line item on the customer’s invoice. Violating these rules can lead to fines or suspension.
• ELink’s processing fee is not a surcharge. ELink deducts a 5 % processing fee ($5 per $100) from each tenant payment before remitting the net amount to the landlord. Because this fee is charged by ELink to the landlord for handling tenant billing, rather than being imposed on the tenant for paying by credit card, it is not subject to the surcharge caps. However, landlords should be cautioned that if they impose any additional card surcharges on tenants, they must comply with state law and card-network rules.

1.2 ACH transactions and NACHA compliance

• Written authorization required. NACHA rules require that an ACH debit authorization be in writing and signed or similarly authenticated by the customer. ELink should obtain written or electronic authorization from landlords before initiating recurring debits (e.g., to collect monthly service fees) and should supply a copy of the authorization to the landlord.
• Advance notice of changes. If ELink changes the amount or timing of a recurring ACH debit (for instance, changing the monthly service fee), it must provide 7–10 days’ advance notice to the landlord. Customers must also be notified in advance if funds will be drawn at a different time than usual.
• Ability to revoke. NACHA allows customers to revoke ACH authorization at any time, and businesses must stop debiting the account before the next scheduled payment. Landlords should be informed of this right; if they revoke authorization they must arrange another payment method to avoid service interruption.
• Record retention and security. Businesses must retain proof of authorization for at least two years after the last debit and safeguard bank-account data (e.g., through encryption and access controls). Unauthorized return rates exceeding 0.5 % of an originator’s transactions can trigger compliance reviews, so ELink should ensure that landlords have properly authorized all ACH debits.

1.3 Putting payment terms into practice

• Tenant billing & remittance. ELink invoices tenants monthly and collects subscription fees via ACH or credit/debit card. From each tenant payment, it deducts the 5 % processing fee and remits the net amount to the landlord. Landlords receive a remittance statement detailing each payment, the fee withheld and the net amount due.
• Landlord service fee. Landlords pay a monthly per-unit service fee to ELink. The fee is invoiced separately and payable by a specified due date. Late payments may incur interest (e.g., 1.5 % per month) or a flat late fee, subject to state usury limits.
• Permitted payment methods. Landlords can pay service fees via ACH or credit/debit card. ACH debits must follow NACHA rules (written authorization, revocation rights, advance notice). If ELink charges a card processing fee to landlords for paying by card, it must not exceed its actual processing cost and must be clearly disclosed and itemized. Such fees should not be charged on debit or prepaid cards.
• Accounting & dispute resolution. Remittance statements should provide sufficient detail for landlords to reconcile payments. Landlords must notify ELink promptly of any discrepancies. Unresolved disputes may be handled under the dispute-resolution section of the terms of service.

2 Privacy & Data-Protection Practices

ELink collects and processes personal data to provide broadband services, bill customers and improve operations. A privacy policy should explain what data is collected, how it is used and with whom it is shared. The following principles draw on the privacy policy of Clearnetworx, a U.S. internet service provider.

2.1 Categories of data collected

• Account information – names, addresses, email addresses, phone numbers and service history.
• Payment information – bank-account numbers, routing numbers, credit/debit card numbers and expiration dates; information necessary to process payments.
• Device & usage information – device characteristics, operating system and browser details, IP addresses, session cookies, websites visited, search terms, advertisements viewed and the amount of time spent on the service.
• Network and equipment metrics – performance and diagnostic information about equipment and the network, including speeds, throughput and error logs.
• Location information – street address, ZIP code and approximate geolocation.

2.2 Collection methods

• User-provided data – information voluntarily provided by landlords or tenants when signing up for the service or communicating with ELink.
• Automatic collection – data collected via cookies, pixel tags, analytics tools and network monitoring while users access the service.
• Third-party sources – information from credit agencies, payment processors, marketing partners and public sources used to verify identities and detect fraud.

2.3 Purposes of use

• Service delivery and billing – to provide internet access, process payments, issue invoices and collect amounts due.
• Customer support – to communicate with users, respond to inquiries, provide technical assistance and verify identities.
• Analytics and improvement – to monitor network performance, analyze usage patterns and improve services.
• Security and fraud prevention – to prevent unauthorized access, detect fraud and enforce agreements.
• Legal compliance – to comply with laws, respond to lawful requests from regulators or law enforcement and fulfill contractual obligations.

2.4 Sharing & disclosure

• Service providers – ELink may share personal data with payment processors, customer-support vendors, analytics providers and professional advisors who need the data to perform services on ELink’s behalf.
• Affiliates and partners – data may be shared within ELink’s corporate family for operational purposes.
• Regulators and law enforcement – data may be disclosed in response to lawful requests or to protect the rights, property or safety of ELink, its customers or others.
• No sale of personal data – ELink should state that it does not sell personal information to third parties. It must also clarify that it does not share text-message opt-in data with unaffiliated parties.

2.5 Data retention & user rights

• Retention. ELink should retain data only as long as needed to provide the service, fulfill obligations and comply with law. Retention periods should be specified for account, payment and network data. NACHA requires keeping authorization records for at least two years.
• Deletion and access requests. Even if not legally required, ELink should offer users the ability to request a copy of their data, ask for corrections or request deletion where feasible. Adoption of such rights prepares ELink for future compliance with state privacy laws.
• Children’s data. ELink’s services are not intended for children under 18, and it should not knowingly collect information from minors.

2.6 Security measures

ELink should describe technical and organizational safeguards to protect personal data, including encryption of payment data, firewalls, secure access controls, background checks for employees who handle sensitive information and regular security audits. The policy should acknowledge that while ELink strives to protect data, no method is entirely secure and customers share responsibility for safeguarding their login credentials.

3 Terms of Service for Landlords

3.1 Authorized use and transfer restrictions

• Non-resale – The service is provided solely for use by the landlord and its tenants within the specified property. Landlords may not resell, assign or transfer the service to third parties without ELink’s written consent.
• Permitted users – For non-residential subscribers, the service may be used only by employees, patrons or authorized users at the service address. Landlords must ensure that only authorized tenants or occupants use the service.

3.2 Landlord responsibilities

• Account management – Landlords must provide accurate contact and billing information and keep it up to date. They must maintain the confidentiality of credentials and are responsible for all use of the service through their account.
• Equipment – Landlords must permit ELink to install and maintain equipment at the property. ELink retains ownership of its equipment and may reclaim it upon termination. Landlords are responsible for any landlord-owned equipment or network infrastructure used in the program.
• Compliance – Landlords must ensure that tenants use the service in compliance with the agreement, and they may be liable for misuse. They must not modify or tamper with ELink’s network.

3.3 Indemnification & limitation of liability

• Indemnification – Landlords should agree to indemnify, defend and hold ELink harmless from claims, damages and costs arising from the landlord’s or tenants’ use of the service or violation of the agreement.
• Limitation of liability – ELink should cap its liability at the amount of fees paid under the agreement and exclude liability for indirect or consequential damages. This provides predictability and prevents disproportionate exposure.

3.4 Term, renewal and termination

• Initial term & auto-renewal – The agreement may have an initial term (e.g., one year) and automatically renew for successive terms unless either party gives written notice of non-renewal before the end of the current term.
• Termination for breach – ELink may terminate the service for non-payment or material breach. The landlord may terminate by paying amounts due and returning equipment. Termination may occur without liability for either party except for amounts accrued prior to termination.

3.5 Governing law & dispute resolution

• Governing law – As ELink is headquartered in New Jersey, the agreement should specify that it is governed by New Jersey law. Landlords should agree that disputes will be resolved in New Jersey courts or through arbitration.
• Arbitration or litigation – The agreement can include an arbitration clause requiring disputes to be resolved by binding arbitration, or it can specify that disputes be resolved in a particular court. Including such a clause reduces litigation costs and ensures a predictable forum.

3.6 Modifications & notices

• Right to modify – ELink should reserve the right to modify the payment terms, privacy policy and service terms to comply with changes in law, card-network rules or NACHA rules. Changes should be communicated to landlords via email, the online portal or bill messages and should become effective after a stated notice period (e.g., 30 days). If a landlord disagrees with a material change, it should have the right to terminate the agreement without penalty.
• Notices – Notices and communications may be provided electronically (e.g., via email or the landlord portal), and landlords should consent to electronic notice. Notices are deemed received when sent to the email address on file.

4 Additional Considerations

4.1 Bulk billing and tenant rights

Some states require landlords to offer tenants the ability to opt out of bundled internet services and to disclose that the service is provided through a bulk arrangement. For example, California’s AB 1414, enacted in 2023, requires landlords to give tenants an opt-out option and prohibits cancelling tenancies for refusing bundled service. ELink should inform landlords about such laws and encourage compliance.

4.2 Compliance with state privacy laws

Even if ELink currently serves only U.S. customers, a number of U.S. states (California, Virginia, Colorado, Connecticut, Utah and others) have enacted comprehensive privacy laws that grant consumers rights to access, correct and delete personal data. Although these laws may apply primarily to larger companies, they set a benchmark for privacy practices. Adopting these standards proactively will help ELink stay ahead of regulatory requirements.

4.3 Regulatory updates and ongoing monitoring

Card-network rules, NACHA guidelines and state laws change periodically. ELink should monitor regulatory developments and update its agreements and policies accordingly. Landlords should be notified of material changes and, where required, given the opportunity to object or terminate the agreement.