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: