Terms of Service
1. Acceptance of These Terms
These Terms of Service (the “Terms”) govern your access to and use of the BallotLink platform, operated by NextGen Campaigns (“NGC,” “we,” or “us”). By creating an account, purchasing an election, or otherwise using the platform, you agree to these Terms on behalf of yourself and the organization you represent. If you do not agree, do not use the platform.
2. The Service
BallotLink is a digital election management platform for California Homeowners Associations (HOAs), designed to support elections conducted under California Civil Code §5105 (the Davis-Stirling Act). The platform provides ballot creation and distribution, secure voting, tallying, and related record-keeping. BallotLink is a software service; it is not a law firm and does not provide legal advice.
3. Accounts & Eligibility
Access is provided through role-based accounts, including standalone HOAs, management companies, election services companies, Inspectors of Elections, and NGC administrators. You are responsible for keeping your login credentials confidential and for all activity that occurs under your account. You agree to provide accurate information and to promptly update it as needed.
4. Customer Responsibilities
The association conducting an election is responsible for the legal conduct of that election, including:
- Providing accurate and complete member and voter information
- Meeting the notice, timing, and procedural requirements of the Davis-Stirling Act and the association’s governing documents
- Using the platform only for lawful election purposes
BallotLink provides tools to support compliance but does not assume the association’s legal obligations.
5. Independence of the Inspector of Elections
California Civil Code §5110 requires that the Inspector of Elections be independent of the association, its board, and its managing agent. The association is responsible for appointing an inspector who satisfies this requirement. BallotLink’s role separation is provided to support, but does not guarantee, compliance with §5110.
6. Fees & Payment
Election fees are presented at checkout and are due before an election is finalized and distributed. Payments are processed by our third-party payment processor; by paying, you agree to that processor’s terms. Where an election is purchased by a management company or election services company on behalf of an association, that company is responsible for payment to NGC.
7. Election Finality
Once payment for an election is complete, the election is locked. The candidate list, question list, and other election details can no longer be changed. Please review all election details carefully before payment.
8. Cancellation & Refunds
- Before ballots are distributed: a cancellation is subject to a 15% administrative fee.
- After ballots are distributed (electronic or physical): no refund is available and the full election cost applies. At this stage the election is considered “in progress” under California law and the association is legally obligated to complete it.
Cancellation requests must be submitted by email tosupport@ballotlink.vote.
9. Data & Privacy
Our handling of personal and election data is described in ourPrivacy Policy, which is incorporated into these Terms by reference. Election records are retained in accordance with California Civil Code §5125.
10. Disclaimer of Warranties
The platform is provided “as is” and “as available” to the fullest extent permitted by law. We do not warrant that it will be uninterrupted or error-free. BallotLink provides tools to support compliance with the Davis-Stirling Act, but we do not warrant that any particular election conducted using the platform complies with the Davis-Stirling Act, the association’s governing documents, or any other applicable law. Responsibility for the legal conduct of each election remains with the association and its appointed Inspector of Elections.
11. Limitation of Liability
To the maximum extent permitted by law, NGC’s total liability arising out of or relating to the platform is limited to the amount you paid for the election giving rise to the claim. NGC is not liable for indirect, incidental, or consequential damages.
12. Indemnification
You agree to indemnify, defend, and hold harmless NextGen Campaigns and its officers, employees, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the platform; (b) your violation of these Terms; (c) the conduct of an election by you or the association you represent, including any failure to comply with the Davis-Stirling Act, the association’s governing documents, or other applicable law; or (d) the accuracy of the member, voter, or candidate information you provide.
13. Dispute Resolution; Arbitration & Class Action Waiver
Any dispute arising out of or relating to these Terms or the platform will be resolved by binding arbitration administered in California under the rules of a recognized arbitration provider, rather than in court, except that either party may bring a qualifying claim in small-claims court.You and NGC agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person’s claims. If this class-action waiver is found unenforceable, the remainder of this section shall be void.
14. Governing Law
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Subject to the arbitration provision above, any dispute not subject to arbitration will be heard exclusively in the state and federal courts located in California.
15. Changes to These Terms
We may update these Terms from time to time. Material changes will be reflected by the “Last updated” date above, and continued use of the platform after changes take effect constitutes acceptance of the revised Terms.
16. Contact Us
Questions about these Terms? Contact us:
NextGen Campaigns
Email: support@ballotlink.vote