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Terms of services

 

Last updated 5th May 2022

Please read this page carefully.

1.    Terms of Services

By using Ekklesia Solutions App or website, whether you are a Customer, Organization Administrator, Authorized User, or Individual, your acceptance of the following will indicate that you will be bound to the terms of Service.

In other words, these Terms of Service are a binding contract between you and us. If you are unwilling to be bound to these Terms of Service, please do not use Ekklesia Solutions App. By entering into these Terms of Service, you further acknowledge your understanding and acceptance of our Privacy Policy.

Please note that these Terms of Service are subject to change. We may, in our sole discretion, revise the Terms of Service at any time by updating this page. You should visit this page periodically to review the Terms of Service, as it is binding upon you.

In addition, please be advised that this Agreement contains provisions that govern how disputes between us are resolved, including arbitration, a jury trial waiver and a class action waiver.

 

2. Customers, Organization Administrators, Authorized Users, and Individuals

Ekklesia solutions support four categories of users:

·         Customers

·         Organization Administrators,

·         Authorized Users

·         and Individuals.

Each type of user has different permissions and responsibilities, which are more fully defined below. For ease of reference, we will use the term “you” in these Terms of Service to refer to the user of Ekklesia Solutions (whether they be a Customer, Organization Administrator, Authorized User, or Individual).

1.      Customers

The organization (e.g., the Church, School) is our customer (the “Customer”). An individual who has the full authority to enter into binding contracts and conduct business on behalf of the Customer (the “Initial User”) must be the person who creates the Ekklesia Solutions account on Customer's behalf (the “Account”). We may require the Initial User to provide proof of authority to enter into contracts on behalf of the Customer, and we reserve the right to suspend the Customer's access to EKKLESIA Solutions App until such proof is provided. However, we specifically disclaim all liability for an Account that was opened by an individual who had no authority to do so on Customer's behalf.

By creating an Account, Customer represents and warrants that the Initial User has full authority to create the Account; that all registration information that the Initial User submits is truthful and accurate; and that Customer will maintain the accuracy of such information. If any of the Account information changes, the Account must be immediately updated with the current information. Information related to the Account can be changed or updated by going to the “Settings” area of Ekklesia solutions and modifying the pertinent information. You can also contact us with questions on how to update or change your information by email at sales@ekklesiasolutions.com.

2.      Organization Administrators

Upon the creation of the Account, the Initial User is automatically deemed an Organization Administrator of the Account. The Initial User may delegate additional administrators who have full access to manage the Account and use Ekklesia  Solutions (collectively, the “Organization Administrators”). The Organization Administrators must also have full authority to enter into binding contracts and conduct business on behalf of Customer. We may require the Organization Administrators to provide proof that they have the authority to enter into contracts on behalf of the Customer. However, we specifically disclaim all liability for the actions of Organization Administrators who had no authority to act on Customer's behalf.

Organization Administrators may be added or deleted by another Organization Administrator. In the event an Organization Administrator is deleted, the Organization Administrator shall cease to have access to Ekklesia Solutions any information within Ekklesia Solutions. In addition, an Organization Administrator, acting on behalf of the Customer, may delete the Account and therefore all data and information related to the Account in . Organization Administrators, acting on behalf of the Customer, may also rename the Account or sign up for additional features of Ekklesia Solutions. However, Organization Administrator's shall not take any action or inaction that is disparaging to the Customer or contrary to the Customer's mission or instructions. We are not liable for the conduct of a Customer or Organization Administrator, including, without limitation, deletion of data, improper use of data, inappropriate information posted, violation of laws related to privacy, or any other conduct by a Customer or Organization Administrator.

In the event of a conflict among Organization Administrators or between Organization Administrators and the Customer, the Customer must resolve the issue and provide us with written instructions on how to proceed that are signed by the Chief Executive of the organization. We will proceed based on those instructions. In the event of a conflict over the identity of the Chief Executive, we will act in accordance to a court order that names the Chief Executive. If a dispute requires us to engage counsel, the Customer agrees to pay our fees and costs. We may suspend the Ekklesia Solutions account until said conflict is resolved.

3.      Authorized Users

“Authorized Users” are users who are granted permission to access Ekklesia solutions by either (i) an Organization Administrator, or (ii) another Authorized User that has been given the permissions to add additional Authorized Users by an Organizational Administrator. However, Authorized Users will not have access to the same administrative features as Organization Administrators. Authorized Users acknowledge and agree that an Organization Administrator or another Authorized User may (a) remove their access to Ekklesia Solutions; (b) delete or change any information that such user has entered into Ekklesia Solutions; or (c) delete the entire Account, which would result in the deletion of all data from Authorized Users.

Authorized Users shall not take any action or inaction that: interferes with the Customer's ability to use Ekklesia Solutions, is disparaging to the Customer, or is contrary to the Customer's mission and/or instructions.

4.      Individuals

“Individuals” are single users who have a connection with the Customer (e.g., a member of the congregation, students etc). Individuals can sign up to use and access certain features of Ekklesia Solutions such as sermon note, Volunteer groups,  appointment and donations. To be clear, Individuals do not have full access to all features of Ekklesia Solutions, and Individuals' accounts are linked to the corresponding Customer. This means that the Customer, Organizational Administrators and/or Authorized Users can view certain but not all information and data that Individuals have entered into Ekklesia Solutions.

Individuals acknowledge and agree that the Customer and its agents can view, access and use the information and data Individuals have entered into Ekklesia Solutions. Individuals also acknowledge and agree that Organization Administrators or Authorized Users may (a) remove their access to Ekklesia Solutions; (b) delete or change any information that such Individual has entered into Ekklesia Solutions ; or (c) delete the entire Account, which would result in the deletion of all data from Individuals.

 

3. Responsibilities of Customers, Organization Administrators, Authorized Users, and Individuals

1.      Responsibilities of the Customer

The Customer shall ensure that Customer and all Organization Administrators, Authorized Users and Individuals comply with these Terms of Service and our Privacy Policy. The Customer further represents and warrants that it is responsible for itself as well as the conduct of Organization Administrators, Authorized Users and Individuals. The Customer agrees to hold us harmless for the conduct of Customer, the Organization Administrators, the Authorized Users and the Individuals per Section 13 (indemnification). The Customer shall cooperate with us in ensuring that they, Organization Administrators, Authorized Users and Individuals comply with these Terms of Service.

Some of the features of Ekklesia Solutions allow the Customer, Organization Administrators, Authorized Users or Individuals to enter data into Ekklesia Solutions (“Customer Data”). Customer Data may include or incorporate information related to third party individuals – for example, the names and addresses of the Customer's members, and any donations from said members (“Third-Party Information”). The Customer represents and warrants that it has the rights, basis, and permissions to enter the Customer Data and Third-Party Information into Ekklesia Solutions. Customer further understands and agrees that it shall bear all responsibility for the Customer Data and Third-Party Information, and Customer shall resolve all disputes involving the Third-Party Information.

In the event that we are contacted by a person who has a dispute related to the Customer Data or Third-Party Information, we will notify Customer within 45 days. We have the right to suspend or terminate the Ekklesia Solutions account until the Customer and said person resolve their dispute. The Customer represents and warrants that it will hold us harmless from all claims and/or disputes related to the Customer Data and Third-Party Information, as more fully described in Section 13 (indemnification).

To be clear, Customer is responsible for complying with all applicable laws, rules and regulations, and represents and warrants that it and its Organization Administrators, Authorized Users and Individuals will not use Ekklesia Solutions in a manner that violates the laws, rules and regulations in the applicable jurisdiction.

2.      Responsibilities of the Organization Administrator

Organization Administrators shall follow the instructions of the Customer, and shall comply with the Customer's policies and practices that are relevant to the use of Ekklesia Solutions. Organization Administrators shall also provide us with all necessary rights, permissions and/or consents necessary to grant us the rights and licenses in these Terms of Service, and all rights, permissions and/or consents necessary for the lawful use and transmission of personal information and data that is required for the use and operation of Ekklesia Solutions.

Furthermore, Organization Administrators shall (a) ensure that Authorized Users and Individuals understand and comply with all Customer policies and practices that are relevant to their use of Ekklesia Solutions; (b) ensure that the Authorized Users and Individuals understand and comply with these Terms of Service and our Privacy Policy; (c) obtain all rights, permissions and/or consents from Authorized Users and Individuals that are necessary to grant us the rights and licenses in these Terms of Service; and (d) obtain all rights, permissions and/or consents from Authorized Users and Individuals for the lawful use and transmission of their personal information and data that is required for their use and operation of Ekklesia Solutions. Organization Administrators shall cooperate with us in ensuring that they, the Customer, Authorized Users and Individuals comply with these Terms of Service.

3.      Responsibilities of Authorized Users and Individuals

Authorized Users and Individuals shall follow the instruction of Organization Administrators and the Customer. Authorized Users and Individuals shall: (a) comply with all Customer policies and practices that are relevant to the use of Ekklesia Solutions; (b) comply with these Terms of Service and our Privacy Policy; (c) provide the Customer and/or Organization Administrators with all rights, permissions and/or consents that are necessary to grant us the rights and licenses in these Terms of Service; and (d) provide all permissions and/or consents to the Customer and/or Organization Administrators for the lawful use and transmission of their personal information and data that is required for the use and operation of Ekklesia Solutions

4.      Responsibilities of all Users

All users of Ekklesia Solutions (whether you are a Customer, Organization Administrator, Authorized User or Individual) are responsible for their respective usernames, passwords, and the security of the Account. You may never use another's username and password. You may not allow others to access or use Ekklesia Solutions with your unique username, password, or other security code. You agree to notify us immediately of any breach of security or unauthorized use of your account. You acknowledge and agree that we will not be liable for any losses caused by any unauthorized use of your username and password. You shall keep your account password secure, and take appropriate measures to safeguard the security of your username, password and electronic device(s).

In addition, all users of Ekklesia Solutions are responsible for providing their legal full name, a valid email address or mobile phone number, and any other information requested in order to complete the signup process. If any of this information changes, the information must be immediately updated with the current information. Information can be changed or updated by going to the “Profile” area of Ekklesia Solutions and modifying the pertinent information. All users can also contact us with questions on how to update or change their information by email at sales@ekklesiasolutions.com.

Finally, all users of Ekklesia Solutions shall be responsible for complying with these Terms of Service, and further understand and agree that they are responsible for all information, data and content that they enter into Ekklesia Solutions, and all activity that occurs using Ekklesia Solutions.

 

4. Requirements For Use of the Services

1.      Use the Services only for acceptable uses and not for any illegal or prohibited purpose.

As one of the conditions of your use of Ekklesia Solutions, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) Ekklesia Solutions for anything other than the Acceptable Uses, which are defined below in Section 5. You shall NOT use Ekklesia Solutions any manner that is prohibited by these Terms of Service or which is illegal or prohibited by applicable law (including but not limited to copyright laws).

2.      Comply with laws in your jurisdiction

Recognizing the global nature of the Internet, you agree to comply with all local laws and rules regarding online conduct and acceptable data. Specifically, you agree to comply with all applicable laws of your jurisdiction regarding the transmission of technical data and personally identifiable information exported from the United States or the country in which you reside.

3.      Be over the age of 13

You must be at least the age of 13 to use Ekklesia Solutions. If you are between 13 and the age of legal consent, the Organization Administrator must secure and verify the consent of a parent or guardian who agrees to be bound to these terms to use or access Ekklesia Solutions. To be clear, you may not use or access Ekklesia Solutions if you are under the age of 13. Any use or access to Ekklesia Solutions anyone under the age of 13 is strictly prohibited and in violation of these Terms of Service. By using Ekklesia Solutions, you represent and warrant that you are over the age of 13 and you have (or, if you are between the age of 13 and legal consent, your parent or guardian represent has) the full right, power and authority to enter into these Terms of Service and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into these Terms of Service. The Customer represents and warrants that Customer is fully responsible for making sure it and its Organization Administrators, Authorized Users and Individuals comply with this paragraph the Terms of Service.

4.      Not be previously prohibited from using Ekklesia Solutions

Ekklesia Solutions may not be used by anyone we previously prohibited from using Ekklesia Solutions

5.      Be a human

Accounts registered by “bots” or other automated methods are not permitted.

6.      Only sign up for one (1) free account

One Customer (i.e., organization) may not maintain more than one (1) free account.

5. Acceptable Use of Ekklesia Solutions

We are providing Ekklesia Solutions to you so that you may grow and manage your organization (the “Intended Purpose”). You agree that you will only use Ekklesia Solutions for the Intended Purpose. You specifically agree that you will NOT:

  • Use Ekklesia Solutions if you are under the age of 13.
  • Use Ekklesia Solutions to upload, post, email, otherwise transmit, or post links to any content or information that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age without parental consent.
  • Use the Services to “stalk” or otherwise harass another.
  • Use Ekklesia Solutions to impersonate any person or entity, including, but not limited to, falsely state or otherwise misrepresent your affiliation with a person or entity.
  • When signing up for Ekklesia Solutions use misleading email address or enter false and/or misleading information into Ekklesia Solutions regarding the Customer.
  • Use the Service to upload, post, email, otherwise transmit, or post links to any content or information that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
  • Use Ekklesia Solutions to upload, post, email, or otherwise transmit, or post links to any content or information that facilitates hacking.
  • Use Ekklesia Solutions to upload, post, email, otherwise transmit, or post links to any content or information that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party, or contributing to inducing or facilitating such infringement.
  • Use Ekklesia Solutions to upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
  • Use Ekklesia Solutions to upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Services.
  • Use automated means, including spiders, robots, crawlers, or the like to download data from any of our databases, unless said means is by an API that we have specifically approved of.
  • Conduct your own contests and promotions using the Services or use Ekklesia Solutions to upload, post, email, otherwise transmit, or post links to any information regarding any raffle, contest, or game requiring a fee by participants.
  • Incorporate information or content from our Services into any email or “white pages” products or services, whether browser-based, based on proprietary client-side applications, web-bates or otherwise.
  • Sell, distribute or make any commercial use of Third-Party Information in a manner that could be expected to offend the person for whom the Third-Party Information is relevant.
  • Engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access Planning Ekklesia Solutions in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional web browser, unless said system is by an API that is specifically approved of by us.
  • Interfere with or disrupt Ekklesia Solutions servers or networks connected to Ekklesia Solutions
  • Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any work, including but not limited to software which is deployed in connection with the Services.
  • Upload, post, email, otherwise transmit, or post links to any material, or act in any manner that is offensive or contrary to the spirit of these Terms of Service.

6. Monitoring, Security, and Third Party Payment Processing

1.      Monitoring

We have no obligation to monitor Ekklesia Solutions or your use of Ekklesia Solutions.  You acknowledge and agree that we have the right to monitor Ekklesia electronically from time to time and to disclose any information that we deem necessary to satisfy any law, regulation or other governmental request, to operate Ekklesia Solutions  properly, or to protect itself or its users, affiliates, partners and contracted parties, as discussed in further detail in our Privacy Policy.

2.      Security

While we take the security of Ekklesia Solutions very seriously, we cannot ensure or guarantee the security of Ekklesia Solutions. Any such use shall be at your sole risk.

3.      Third Party Payment Processing

We use a third party to process payments related to Ekklesia Solutions depending on the company you would be paying from, check the website for the payment plan that works best for you. Therefore, you may be asked by the third party payment processor to supply certain information, including credit card or other payment mechanisms. You agree that all information you provide any third party payment processor through Ekklesia Solutions will be accurate and complete. You agree to pay all charges incurred by you at the prices in effect when such charges are incurred. We are in no way responsible for any charges you or (if you are a Customer) any Organization Administrator, Authorized User or Individual incurs when making purchases or other transactions. We may retain sufficient personal information from your purchase to report to the IRS or other government authority, and retain such information for at least the minimum statutory period. Customers specifically acknowledge and agree that they are responsible for the use of data related to tracking donations through Ekklesia Solutions.

8. Payment, Refunds, Upgrading, And Downgrading Terms

How we bill for Ekklesia Solutions

If you sign up for a paid account, you have the option of paying through any of our mediums:

We will send you an invoice during payment. You have the option to choose to pay for your account every month (1) or twelve (12) months plan where you get 2 months off for the 12 months payment.

When your subscription is about to end, you’ll get a notification to renew your subscription. For example, if you signed up for a paid account on April 1, which lasts for a month (30 days later), and will be charged on the 1st of the month every month thereafter until you cancel the Services.

For current pricing, you can contact us or visit https://ekklesiasolutions.com.

How we charge for paid plans

If you do not pay on time or if your payment method cannot be charged for any reason, we reserve the right to either suspend or terminate your access to Ekklesia Solutions. We will not be responsible for any costs, expenses, or liabilities arising out of or related to the cancellation of your Services for this reason. Our third party payment service provider may receive updated payment/banking information from your credit card or payment method issuer. The disbursement of this updated information is provided at the election of your credit card and any other payment method issuer. Neither we nor our third party payment service provider is responsible for the distribution of your credit card or payment method information. It is at the sole election of your credit card or payment method issuer. Your credit card or payment method issuer may give you the right to opt out of the update service. It is your responsibility to contact your credit card or payment method issuer with regards to your right to opt out of the update service.

Account upgrades

When you upgrade your subscription level, the new features will be available to you immediately upon upgrade and the new charges will appear on your next billing cycle unless a 30-day free trial is available for those particular new features. If you sign up for a free trial, we will send you an email ten (10) days before the free trial ends reminding you that (a) the free trial is concluding in ten days, and (b) new charges will appear on the billing cycle after the 30-day free trial is finished. Please note when you upgrade from the free account to a paid account you will be billed and charged for your first month immediately upon upgrading and each month after that in accordance with the above section (How we bill for Ekklesia Solutions).

Ekklesia Solutions is non-refundable

Ekklesia Solutions billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for unused months of Ekklesia Solutions. In order to treat everyone equally, no exceptions will be made.

Taxes

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United Kingdom taxes.

Billing for upgrades and downgrades

For any upgrade or downgrade in plan level, the credit card that you provided will automatically be charged the new rate on your next billing cycle. Downgrading your Services may cause the loss of content, information, features, or capacity of your Account. We shall not be liable for any such loss.

Expired credit cards

In the event your credit card expires or cannot be charged, we must suspend Ekklesia Solutions until you remit payment. You have 30 days to remit payment to us before we terminate your Account and your access to Ekklesia Solutions  pursuant to our termination provision below. We will not be responsible for any costs, expenses, or liabilities arising out of or related to the termination of your Account.

9. Cancellation And Termination

Cancelling your Account

Customer is solely responsible for properly cancelling the Account. An email or phone request to cancel your Account is not considered cancellation. To cancel the Account, an Organization Administrator must click on the “Accounts” link in the global navigation bar at the top of the screen. The Accounts screen provides a simple no-questions-asked cancellation link for each application. If you have questions regarding cancelling an Account, we are happy to help. Just email us at sales@ekklesiasolutions.com  or give us a call at (+44)2036086574. However, please be aware that you will no longer have access to Ekklesia Solutions and all Customer Data will be deleted after one (1) year. Customer Data cannot be recovered once your account is cancelled and one year from the date of cancellation has passed. Thus, we require that the Organization Administrator who is cancelling the Account on behalf of the Customer have the Customer's full authorization and consent.

We, in our sole discretion, have the right to suspend or terminate your Account and refuse any and all current or future use of Ekklesia Solutions for any reason at any time, including a violation of these Terms of Service. In addition, in the event you fail to remit payment for Ekklesia Solutions, we shall suspend your account and, after 30 days, terminate your Account. In the event we terminate your Account, the termination will result in (i) the deactivation or deletion of your Account, and (ii) the forfeiture and relinquishment of all Customer Data after one year from the date of termination has passed. After termination, you will no longer have access to Ekklesia Solutions. As previously stated, we will not be responsible for any costs, expenses, or liabilities arising out of or related to the termination of your Account.

Cancellations and Terminations after billing for Ekklesia Solutions

If your Account is cancelled or terminated before the end of the month that is currently paid for, your cancellation/termination will take effect immediately and you will not be charged again. However, we do not offer refunds if your Account is cancelled or terminated before the end of the month.

10. Modifications to the Service and Prices

1.      Reservation of our rights

We reserve the right to modify or discontinue, temporarily or permanently, Ekklesia Solutions(or any part thereof), with or without notice.

2.      Changes to Pricing

Prices for Ekklesia Solutions, including but not limited to monthly subscription fees to Ekklesia Solutions, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to our website (https://ekklesiasolutions.com) and by emailing the Customer to the Organization Administrators’ email addresses provided through Ekklesia Solutions. The Customer agrees to receive such emails regarding pricing changes. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of Ekklesia Solutions

 

11. Intellectual Property Rights and Content Ownership

1.      Our Intellectual Property

Ekklesia Solutions, including but not limited to text, graphics, images, logos, buttons, icons, software and other materials and the overall "look" and "feel" of Ekklesia Solutions, are the sole property of Ekklesia Solutions, and are the protected patents, copyrights, trademarks, and service marks of Ekklesia Solutions. Content which is not created by us, including all other third-party product and service marks, are the trademarks and copyrights of their respective owners. Unauthorized use of the Ekklesia Solutions IP may violate copyright, trademark and other laws. You may not reproduce, modify, display, sell, or distribute the Ekklesia Solutions IP unless you obtain our explicit written consent. We grant you a license to use the Ekklesia Solutions IP for the sole purpose of accessing and using Ekklesia Solutions.

2.      Your Intellectual Property

We claim no intellectual property rights over the Customer Data – the Customer Data remains yours. However, we ask that you respect the law, and not violate anyone's intellectual property rights. Thus, you represent and warrant that:

    • The Customer Data does not and will not violate third-party rights of any kind, including without limitation third-party copyrights, trademarks, or rights of privacy or publicity.
    • The Customer Data does not violate these Terms of Service, and falls within the Acceptable Uses section of these Terms of Service.
    • There is no suit action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect any of the Customer Data, or which might in any way impair the rights granted by you under these Terms of Service.
    • You own all right, title and interest in the Customer Data, or, If the Customer Data incorporates (i) content/information created by another individual/entity or (ii) content/information from and/or about another individual/entity (collectively, "Additional Content"), you represent and warrant that you have all rights, licenses and applicable permissions required by law to post and use the Additional Content.

3.      Other's Content

You shall not post or use any information or content that is not yours without the appropriate permissions. Specifically, if you post, use, submit or share Additional Content, you represent and warrant that you have all rights, licenses and applicable permissions required by law to post and use the Additional Content. As such, you shall hold us harmless from all claims and/or disputes related to the Additional Content per Section 13 (Indemnification).

4.      Licenses

You expressly grant us, and you represent and warrant that you have all rights necessary to grant to us, a worldwide, non-exclusive, sublicensable, transferable, perpetual and irrevocable license to use the Customer Data to provide Ekklesia Solutions.

5.      Third Parties' Intellectual Property

We use several third-parties to make certain features of Ekklesia Solutions available to you, including but not limited. You agree to be bound by these third party licenses of software or content, and you further agree to abide by the terms of use and privacy policies of any such third party software or content.

 

12. Disclaimers and Warranties

1.      Release and Limitations of Liability

You agree to release our company. and that  of our employees, directors and officers from any claims, demands and damages (actual, consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms of Service and/or your use of Ekklesia Solutions.

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, INCOME, OR DAMAGES RESULTING FROM LOST DATA, INACCURATE INFORMATION, OR BUSINESS INTERRUPTION) AND THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, EKKLESIA SOLUTIONS AND/OR THE CONTENT WITHIN EKKLESIA SOLUTIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS EXCLUSION OR LIMITATION OF LIABILITY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN OUR MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR EKKLESIA SOLUTIONS.

2.      Warranties

By entering into these Terms of Service you acknowledge and agree that we are simply providing Ekklesia Solutions for free for the first 14 days and payment follows after the 14 days is over and that we make no warranties of any kind relating to Ekklesia Solutions, any data or content contained within or related to Ekklesia Solutions, any data or content available through Ekklesia Solutions, and documents or information available through Ekklesia Solutions. Furthermore, nothing on or within Ekklesia Solutions shall be considered an endorsement, representation, assumption of, responsibility or warranty with respect to any third party, whether in regards to their website, products, technologies, services, business practices or otherwise.

WE DO NOT WARRANT THAT EKKLESIA SOLUTIONS, OR THE CONTENT AVAILABLE ON OR THROUGH EKKLESIA SOLUTIONS, WILL MEET YOUR EXPECTATIONS, OPERATE ERROR-FREE, OR BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF EKKLESIA SOLUTIONS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THOSE COSTS.

YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF EKKLESIA SOLUTIONS AND THE INTERNET IN GENERAL. EKKLESIA SOLUTIONS IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. MINISTRY CENTERED TECHNOLOGIES, INC., TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF EKKLESIA SOLUTIONS, SOFTWARE, TEXT, GRAPHICS AND LINKS.

3.      Limitation of Actions

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of Ekklesia Solutions must be filed within one (1) year after such claim or cause of action arises, or forever be barred.

13. Email Notifications and Your Communications With Us Regarding Improvements to Ekklesia Solutions

1.      Email Notification & How to Opt-Out

You acknowledge and agree that by providing us with your email address, you grant consent for us to send you notices related to Ekklesia Solutions, including any notices required by law, in lieu of communication by postal mail. Therefore, you must make sure your email address listed under your "Account Information" section is current and accurate. If you do not want to receive legal notices through email messages, and prefer to receive legal notices by mail, please contact us at the address provided below. If you do not want to receive non-legal notices by email, please opt out by contacting us at sales@ekklesiasolutions.com.

2.      Your Communications with us regarding improvements to Ekklesia Solutions

You may contact us by email, phone, or mail at the address provided below. If you contact us, you agree that if you have ideas regarding improvements or additions to us, we would like to hear them -- but any submission will be subject to these Terms of Service. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO US BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO US, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO US THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT WE ARE FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY US, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.

14. Miscellaneous Provisions

Use Ekklesia Solutions at your own risk

Your use of Ekklesia Solutions is at your sole risk. The Services are provided on an “as is” and “as available” basis.

No waiver and partial validity

The failure of Ekklesia Solutions to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and Ekklesia Solutions and govern your use of Ekklesia Solutions, superseding any prior agreements between you and Ekklesia Solutions(including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect. No waiver of any term of the Terms of Service shall be deemed a further or continuing waiver of such term or any other term.

15. Questions And Our Contact Information

Any questions or concerns should be addressed to our support team at sales@ekklesiasolutions.com  

85 Great Portland Street,

London, England, W1W 7LTU.K

You can also reach us at: