PLEASE READ THIS SUBSCRIPTION AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING THE WEB CHURCH CONNECT, (“WCC”) SOFTWARE. BY CLICKING ON THE “SUBMIT” BUTTON, AND/OR EXECUTING A SALES ORDER FORM INCORPORATING THIS AGREEMENT, AND/OR ACCESSING WCC’S PROPRIETARY INTERNET CHURCH MANAGEMENT SOLUTION (“THE SERVICE”), YOU ARE ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT (THE “TERMS”) AND AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
If you are signing up for the service on behalf of an organization (“Customer”), you represent that you are duly authorized to represent the organization and accept the terms and conditions of the agreement on behalf of Customer. By your acceptance, a binding contract is then formed between WCC and Customer in accordance with the terms and conditions of this Agreement. You personally agree not to commit or encourage any violation of the Agreement between WCC and Customer. If you are entering into this agreement on behalf of Customer, the term “you” in this agreement means Customer and all of its employees. If you are signing up for the Service on your own behalf, or if you are not authorized to represent the organization on whose behalf you purport to sign up, you agree that you are personally bound by this Agreement.
THIS AGREEMENT MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE AND TO THE SERVICE. YOU AGREE TO CHECK FOR UPDATES TO THIS AGREEMENT. BY USING THIS WEB SITE OR THE SERVICE, YOU INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THIS WEB SITE OR THE SERVICE. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
THE FOLLOWING ARE THE TERMS AND CONDITIONS FOR ACCESS TO THIS WEB SITE AND USE OF THE SERVICE. BY LOGGING ONTO THE WEB SITE OR ACCESSING THE SERVICE THROUGH ANY INTERFACE, YOU ACCEPT THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.
As part of the Service, WCC will provide you with use of the Service, including a browser interface and data encryption, transmission, access and storage. Your registration for, or use of, the Service shall be deemed to be your agreement to abide by this Agreement including any materials available on the WCC website incorporated by reference herein, including but not limited to WCC’s privacy and security policies and WCC’s Statement of Belief.
The service is offered in at least 9 payment tiers according to the average weekly attendance of your organization. Please see the WCC website for pricing differences.
II. Electronic Communications
Visiting www.webchurchconnect.com or sending emails to WCC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
III. Permitted Use.
V. Passwords and Account Security.
VI. Customer Proprietary Data Rights.
VII. Text Alerts
A digital phone and service is required to use any Messaging Services. Messaging Services are not available on all rate plans. Users must be in their digital local calling area for service to work. Customers that activate service with a compatible phone and on a qualified calling plan will automatically have the ability to receive text messages. Customers are required to obtain an “opt-in” from their member’s to receive text messages. There is no charge to send text messages from the Database Service, however, members may be charged from their carriers. WCC is not responsible for any charges that accrue from a member’s carrier; the member is responsible for charges accrued from received text messages.
WCC is not responsible for the content of any messages sent or received by consumers.
WCC is under no obligation to monitor the information or content transmitted through Messaging Services. However, anyone using the Messaging Services agrees that WCC may monitor these messages periodically for reasonable business purposes, including but not limited to; (1) complying with any applicable laws, regulations or other governmental orders; and (2) operating the Services properly or protecting itself and its Users. WCC reserves the right to delete, reject, or eliminate in whole or in part any information available or transmitted through the Messaging Services that it, in its sole discretion, believes is unacceptable or in violation of these terms and conditions. Customers may elect to have messages blocked entirely. Blocking messages will disable the ability to send or receive text messages. User agrees not to violate any applicable law, regulation or rule. User agrees not to harass, offend, threaten, embarrass, distress or invade the privacy of any individual or entity. User agrees not to transmit any commercial, advertising or promotional materials, including without limitation, “spam”. User agrees not to transmit any material that infringes upon any third party’s copyright, trademark, patent or other intellectual property right. Any violation of these terms and conditions shall be deemed a material breach of User’s contract with WCC and may lead to termination of User’s contract, or suspension of User’s Messaging Services.
Functionality may depend on other carrier’s networks and phones. WCC does not guarantee message delivery, timeliness, or that Messaging Services will be available at all times. WCC is not responsible for messages that are lost or misdirected.
Messages that are sent to other carriers’ networks are subject to that carrier’s message delivery policy. Certain variables could affect delivery of text messages, including restrictions on the recipient’s account or unforeseen delays in another carrier’s text messaging platform.
Any customer no longer wishing to receive such messages may contact their church to remove them from text messaging or log in to their member portal on their WCC database and opt out.
WCC will revise and update these terms and conditions from time to time as we change existing services or add new services. If you have any questions about these terms and conditions please contact a customer service representative at (877) 225-3713.
VIII. WCC Account Information and Data.
WCC does not own or have any rights to any Data that Customer submits as a result of using this Service except that WCC may use aggregate general statistical data as set forth below. WCC will not monitor, edit, or disclose any information regarding Customer or Customer’s database without Customer’s express written permission except in accordance with this Agreement or as may be required by law. For example, WCC may be required to disclose Data to cooperate with regulators or law enforcement authorities to comply with a legal process such as a court order, subpoena, search warrant, or law enforcement request. In addition, WCC may review certain user registration and statistical information such as usage or user traffic patterns in summative form for internal planning purposes in operating the Service. WCC may access and modify Customer database in order to respond to service or technical problems when requested to do so by Customer, law enforcement officials or any third party claiming misappropriation or breach of privacy or data rights.
IX. WCC Proprietary Rights.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Service, is the property of WCC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You agree that you will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Service or any software, documentation, or data related to the Service; remove any proprietary notices or labels from the Service; modify, translate, or create derivative works based on the Service; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Service. WCC content is not for resale. Your use of the Service does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content.
You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of WCC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of WCC or our licensors except as expressly authorized by these Terms.
X. API Terms.
Customers may access their data via an Application Program Interface (“API”). Any use of the API, including use of the API through a third-party product that accesses the Service, is bound by the terms of this agreement plus the following specific terms: (i) Customer expressly understands and agrees that WCC shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if WCC has been advised of the possibility of such damages), resulting from Customer’s use of the API or third-party products that access data via the API. (ii) Abuse or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of your account’s access to the API. WCC, in its sole discretion, will determine abuse or excessive usage of the API. WCC will make a reasonable attempt via email to warn Customer prior to suspension. (iii) WCC reserves the right at any time to modify or discontinue, temporarily or permanently, Customer’s access to the API (or any part thereof) with or without notice.
WCC will provide the integration of a third-party payment gateway free of charge if Customer selects to use the preferred Authorize.net WCC reseller account. For all other third-party payment gateway requests there will be an additional charge to Customer which is dependent upon the complexity and length of time that is required to integrate the gateway.
Integration of any other third party services may come at an additional cost to the customer dependant on complexity and length of time, all third party integrations must be approved by WCC and compatible with WCC software.
XI. Availability of Service.
WCC will provide at least two business days advance e-mail notice of any scheduled downtime for backup, maintenance or updates. Additionally, WCC will make commercially reasonable efforts to ensure that the quality of the service we provide is of at least prevailing industry standards, and that access to the Service is available on a 24×7 basis. However, although WCC will use all reasonable efforts in good faith to avoid interruption of the Service, Customer acknowledges and agrees that access to the Service may be unavailable from time to time for any reason, including without limitation, interruption of major network connectivity, network and server outages, and backup and regular maintenance by WCC and any operators of our servers or interruptions of major network connectivity outside of WCC’s facilities. WCC is not responsible by downtime caused by problems with Customer network or connectivity, and DNS or browser caching.
XII. WCC Service Providers, Vendors and Business Partner Information Disclosure.
WCC employs third party companies to facilitate our services to Customer. These services may include, but are not limited to, file storage, encrypted backup services, web analytics, payment processing, email delivery, text messaging, hardware, or networking equipment. Customer agrees these third parties may have access to personal information insomuch as their services are employed by WCC.
XIII. Customer Assigned Administrators.
Customer will select a primary contact (“Super Admin”) to manage Customer’s use of the Service, to authorize users to access the Service, and to serve as the primary technical interface with WCC Customer Service Representatives.
XIV. Customer Support Services.
XV. User Conduct.
Customer agrees to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with using this Service. Without limiting the foregoing, Customer agrees not to use the Service or information from the Service for any of the following:
XVI. Representations and Warranties.
WCC represents and warrants that WCC will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Service will perform substantially in accordance with WCC’s online help documentation under normal use and circumstances.
XVII. Service Fees.
Customer agrees to pay all applicable fees as specified in Customer’s Service Agreement. Fees are payable in advance and are due the same day every month, depending upon the date of the initial payment.
XVIII. Renewal / Notice of Termination.
There are two types of agreements.
XIX. Non-Payment / Suspension of Service.
In addition to any other rights granted to WCC herein, WCC reserves the right to suspend or terminate this Agreement and Customer’s access to the Service if the account becomes delinquent (falls into arrears). If Customer or WCC initiates termination of this Agreement, Customer will be obligated to pay any balance due on the account computed in accordance with Section XVII above. Customer agrees that WCC may charge such unpaid fees to a credit card or otherwise bill Customer for such unpaid fees. WCC reserves the right to impose a reconnection fee in the event Customer is suspended and thereafter request access to the Service. In addition, after 21 days a late fee may be incurred of a minimum of $35 per month. If account is still unpaid after 30 days the account could then be submitted to a debt collection agency. The Customer will be responsible for any debt collection fees and late fees that are incurred. WCC reserves the right to impose a minimum $199 reconnection fee in the event Customer is suspended and thereafter request access to the Service.
XX. Termination for Cause.
Any unauthorized access, use, copying, disclosure, distribution, or sub-licensing by Customer or with Customer’s aid or consent of the Service or any related methods, techniques, or processes, except as permitted under this Agreement will be deemed a material breach of this Agreement. Additionally, any actions taken by Customer or its users in conflict with Section XVII will also be deemed a material breach of this Agreement. WCC in its sole discretion, within reason, may terminate or suspend the password, account or use of the Service if Customer or its Users materially breach this Agreement provided that WCC provides Customer a ten (10) day written notice and a fifteen (15) day period to cure any and all material breaches thereafter.
XXI. Termination of Service.
Customer agrees that upon termination pursuant to Sections XIX or XX above, Customer is responsible for downloading all files and information from the WCC database before their service termination date, thereafter, they will be barred any further access to the Service.
XXII. Disclaimer of Warranties.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WCC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
WCC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. WCC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WCC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
XXIII. Limitation of Liability.
IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM CUSTOMER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
Subject in all cases to the limitations set forth in Section XXIII (Limitation of Liability), the parties agree to the indemnity provisions set forth in subsections (a)-(d) below:
By virtue of this Agreement, the parties may have access to information that is confidential to one another (“Confidential Information”). The parties agree not to make each other’s Confidential Information available in any form to any third party or to use each other’s Confidential Information for any purpose other than the implementation of the Agreement. Each party agrees to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees or agents in violation of the provision of this Agreement.
XXVI. International Users
The Service is controlled, operated and administered by WCC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the WCC Content accessed through www.webchurchconnect.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
XXVII. Third Party Accounts
You will be able to connect your WCC account to third party accounts. By connecting your WCC account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
XXVIII. Links to Third Party Sites/Third Party Services
The Service may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of WCC and WCC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. WCC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by WCC of the site or any association with its operators. By using any product, service or functionality originating from the www.webchurchconnect.com domain, you hereby acknowledge and consent that WCC may share such information and data with any third party with whom WCC has a contractual relationship to provide the requested product, service or functionality on behalf of www.webchurchconnect.com and customers.
XXIX. Governing Law and Jurisdiction.
To the maximum extent permitted by law, this Agreement is governed by the laws of the State of California, without regard to its conflict of law provisions and shall be deemed to be executed in San Diego, California. Customer hereby consents to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Service. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
Notices to Customer shall be made by e-mail to a designated account reference. Notice to WCC shall be sent e-mailed or faxed to:
Web Church Connect
5838 Edison Place, Suite 110
Carlsbad, CA 92008
Telephone: (877) 225-3713
XXXI. Biblical Mediation/Arbitration of Disputes
Any claim or dispute arising from or related to this Agreement, including claims under federal, state, and local statutory or common law, the law of contract, and law of tort, shall be settled by biblically based mediation. If the resolution of the dispute and reconciliation do not result from mediation, the matter shall then be submitted to an independent and objective arbitrator for binding arbitration. Judgment upon an arbitration decision may be entered in any court otherwise having jurisdiction. The parties understand that these methods shall be the sole remedy for any controversy or claim arising out of this Agreement and expressly waive their right to file a lawsuit in any civil court against one another for such disputes, except to enforce an arbitration decision.
The parties agree for the arbitration process to be conducted in accordance with the Rules of Procedure for Christian Conciliation of the Institute for Christian Conciliation, a division of Peacemaker® Ministries (the “Rules”) (complete text of the Rules is available at www.peacemaker.net). Consistent with these Rules, each party to the Agreement shall agree to the selection of the arbitrator. The parties agree that if there is an impasse in the selection of the arbitrator, the Institute for Christian Conciliation (hereafter referred to as the “ICC”), a division of Peacemaker Ministries of Billings, Montana (406-256-1583), shall be asked to provide the name of a qualified person who will serve in that capacity. Consistent with the Rules, the arbitrator shall issue a written opinion within a reasonable time.
The parties acknowledge that the resolving of conflicts requires time and financial resources. In an effort to fully encourage and implement a biblically faithful process, WCC agrees to pay all fees and expenses, which may be required by the mediator, case administrator, and / or arbitrator, related to such proceeding. The issue of final responsibility for such costs will be an agreed issue for consideration or determination in the mediation or arbitration. The parties agree they will endeavor to exchange information with each other and present the same at any mediation, or, if to arbitration pursuant to the ICC Rules, with the intent to minimize costs and delays to the parties. They will seek to cooperate with each other and may request the mediator, case administrator, and/or arbitrator to direct and guide the preparation process so as to reasonably limit the amount of fact-finding, investigation, and discovery by the parties to that which is reasonably necessary for the parties to understand each other’s issues and positions, and to prepare the matter for submission to the mediator and/or arbitrator to inform the mediator and/or arbitrator. In addition, the parties agree that in the event of arbitration, they will use a single arbitrator who is experienced in the relevant area of law and familiar with biblical principles of resolving conflict.
The parties to this contract agree that these methods shall be the sole remedy for any controversy or claim arising out of this Agreement and expressly waive their right to file a lawsuit against each other in any civil court for such disputes, including any class action proceeding, except to enforce a legally binding arbitration decision. The parties acknowledge that by waiving their legal rights to file a lawsuit to resolve any dispute between them, they are not waiving their right to employ legal counsel at their own expense to assist them in any phase of the process.
This Agreement becomes effective upon:
You agree that no joint venture, partnership, employment, or agency relationship exists between you and WCC as a result of this Agreement or use of the Service.
The Terms of Service do not limit any rights that WCC may have under trade secret, copyright, patent, trademark, or other laws.
WCC’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of WCC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by WCC with respect to such use.
The failure of WCC to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions of the Agreement shall remain in full force and effect. The section titles in the Agreement are for convenience only and have no legal or contractual effect. The Agreement will inure to the benefit of WCC and its successors and assigns.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in any legal proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents be written in English.
Some jurisdictions may not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages in certain circumstances. Accordingly, some of the above limitations may not apply. All representations, warranties, terms, disclaimers, and limitations in the Agreement shall survive the termination of Customer’s account or access to the Service.
XXXIV. Entire Agreement.
This Agreement constitutes the complete Agreement between the parties and, except as provided, supersedes all previous agreements or representations, written or oral, with respect to the Services described herein.
XXXV. Statement of Belief
We Believe that:
There is one God eternally existing in three persons: Father, Son, and Holy Spirit. Jesus Christ is the Son of God. Jesus Christ was conceived by the power of the Holy Spirit and born of the Virgin Mary. He led a sinless life and took on Himself all our sins by dying on the cross. He rose again and is seated at the right hand of the Father as our mediator and advocate.
The Bible is God’s Word, inspired by the Holy Spirit, and is authoritative on all matters on which it speaks. All people sin and fall short of the glory of God and will face eternal separation from God unless they come into a saving relationship with Jesus Christ. Salvation is a free gift from God that can only be received by faith in Jesus Christ. God works through the members of His church to evangelize the lost and teach believers to obey His commands.
XXXVI. Notice of Right to Refuse Service.
WWC reserves the right to deny access to or terminate the Service to those churches or ministries who, in its opinion, are in conflict with its Statement of Belief.
XXXVII. Change of Terms.
WCC reserves the right, in its sole discretion, to change the Terms under which the Service is offered. The most current version of the Terms will supersede all previous versions. WCC encourages you to periodically review the Terms to stay informed of our updates.
XXXVIII. Effective Date.
The effective date (“Effective Date”) for these Terms of Service is July 3, 2015.