TERMS OF USE
Please read this agreement in its entirety. If you disagree with these Terms & Conditions or the terms set out in our Privacy Policy, please exit our services immediately. All users of our service will be bound by this agreement, which may be updated by us from time to time without notice to you. This User Agreement (the ‘agreement’) governs the terms of the use by the client of services offered by Church Growth Resources.
The client agrees to receive access to services provided by Church Growth Resources according to the following terms and conditions:
Services
Services
The client agrees to the services offered by Church Growth Resources and agrees to receive services according to the available options. The client agrees that no component or page within Healthy Church Tools (and if applicable, mobile app) will be used for the following: to receive, record, track, or store any credit or debit card information; bank account numbers; bank statements; wire transfer account numbers; drivers license numbers; passport numbers; birth certificate numbers; and/or health card numbers. Should the client be found to be obtaining any of this information, they may be terminated without prior notice. (Any e-commerce functionality by Church Growth Resources is processed through a third party provider such as a Registered Bank, PayPal, Authorize.net, Chase Paymentech or PSI Gate.)
Payment for Services
The client will pay for services provided under this agreement by credit card authorization provided to Church Growth Resources.
Term
This agreement may be terminated by Church Growth Resources at any time without prior notice and without cause. If the client is in default under this agreement (including nonpayment), the defaulting party may be terminated without prior notice.
Compliance with Law
The client will use the services offered by Church Growth Resources in a manner consistent with all applicable local, provincial/state, and federal laws and regulations.
Security
Although Church Growth Resources has taken steps to make the service as secure as possible through means of Secure Socket Layer (SSL) and several encryption algorithms, Church Growth Resources is not responsible for the data taken by unauthorized users, hackers or any unauthorized personnel. The client is solely responsible for the data, login accounts, and access passwords given or created by the client.
Refund Policy
If you are not satisfied with Church Growth Resources products or services or wish to cancel your account, you may request a refund within 7 days of your original purchase/renewal date. If you are a current Church Growth Resources customer and wish to cancel your account, it must be done no later than 7 days past your billing cycle, whether it be monthly, quarterly, or yearly. Partial refunds will not be issued.
No refund is available after the 7th day. Additional services such data transfer overages, disk space, pop accounts, etc. are nonrefundable.
Cancellation
In order to stop service, the Client must contact Church Growth Resources customer service department.
Prohibition of Publication of Certain Material
Client shall not knowingly or unknowingly submit to Church Growth Resources for publication any of the following material (including pictures (images), links, or any other content): (a) any material which violates or infringes any copyright, trademark, trade secret, patent, statutory, common law or other proprietary rights of others;
(b) any material that is libelous or slanderous;
(c) any material which is or contains anything obscene or pornographic; or
(d) distribution lists to be used via unsolicited electronic mail or other mass electronic mailings including but not limited to: mass-newsgroup postings, SPAM and unsolicited email sent from your server, or any other service on the Internet, which contains your domain name or any other domain name on our network
(e) Any abuse of account privileges including but not limited to: Use of any program/script/command, or sending messages of any kind, designed to interfere with a users session, via any means, locally or by the Internet. Attempts to circumvent the idle daemon or time charges accounting or attempts to run programs while not logged in by any method. Any violation of the above conditions will result in termination of Client’s account.
Disclaimer of Warranties
Church Growth Resources’ web services are provided on an ‘as is, as available’ basis. Church Growth Resources specifically disclaims any other warranty, express or implied, including any warranty of merchantability or fitness for a particular purpose. In no event shall Church Growth Resources be liable for any consequential, indirect, special or incidental damages, even if provider has been advised by client of the possibility of such potential loss or damage. If Church Growth Resources’ service to client is disrupted or malfunctions for any reason, Church Growth Resources shall not be responsible for losses of income due to disruption of service, beyond the fees paid by client to Church Growth Resources for services, during the period of disruption of malfunction.
Limitation/Disclaimer of Liability
Church Growth Resources is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilize. Church Growth Resources does not represent or warrant to the client that the client will receive continual and uninterrupted service during the term of this agreement. In no event shall Church Growth Resources be liable to the client for any damages resulting from or related to any failure or delay of Church Growth Resources to provide service under this agreement if such delays or failures are due to strikes, riots, fire, inclement weather, acts of God, theft or vandalism or other causes beyond Church Growth Resources’ control, as defined by standard practices in the industry. Such failure or delay shall not constitute a default under this agreement.
Indemnity
The client agrees to defend, indemnify and hold Church Growth Resources harmless from and against any and all claims, losses, liabilities and expenses (including attorneys’ fees) related to or arising out of the services provided by Church Growth Resources to the client under this agreement, including without limitation claims made by third parties related to any false claims.
Resale of Church Growth Resources Service
If the client acts as a ‘reseller’ or ‘affiliate’ of the services provided by Church Growth Resources to a client hereunder, by the client providing similar services to its customers, then all the terms of this agreement shall provide to the resale. Without limiting the foregoing, the client’s obligations under ‘Indemnity’ shall apply to any and all claims made against the client and/or Church Growth Resources which arise out of the resale of Church Growth Resources’ services.
Governing Law/Venue
This agreement shall be governed by the laws of the State of New York. Venue for any action hereunder shall be in Buffalo, New York, US.
Attorneys’ Fees
If a legal proceeding is commenced to enforce or obtain a declaration of rights under this agreement, the prevailing party in such proceeding shall be entitled to recover its reasonable attorneys’ fees and costs incurred in the proceeding from the non-prevailing party, as well as any reasonable attorneys’ fees and costs that the prevailing party incurred prior to commencing the proceeding.
Breakdown of Costs
Costs associated with Church Growth Resources products or services are considered to be hosting costs.
Taxes
If any federal, state, provincial or local governmental entity with taxing authority over the services provided under this agreement imposes a tax directly on the services provided by Church Growth Resources to the client under this agreement (excluding any income, business and occupation, capital gain, death or inheritance, or other indirect taxes), then Church Growth Resources may pass the direct amount of such cost on to the client, and the client shall promptly pay such cost.
Waiver
Any party’s failure to insist on compliance or enforcement of any provision of this agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of this Agreement.
Relationship of the Parties
The parties intend that an independent contractor relationship will be created by this contract, and that no partnership, joint venture or employee/employer relationship is intended.
Lawful Purpose
Services provided to or used by the client may only be for lawful purposes. Transmission, storage, copying, or modifying any material or other actions by the client in violation of any federal, state, provincial or local regulation is prohibited. This also includes, but is not limited to, material protected by copyright, trade secret, or any other statute, threatening material, or obscene material.
