Terms of Service

UPDATED 10 MAY 2018

Please read carefully.

By using ChurchWorks and other associated properties, you are agreeing to be bound by the following terms and conditions and all terms incorporated by reference (“Terms of Service”). If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates and all users who access the sites and services through your account to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity, its affiliates and users associated with it. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this agreement and may not use the services.

 

1. Permitted Use

Under the terms and conditions of this ‘Agreement’, ChurchWorks Ltd Registered Company 06313068, (herein referred to as ‘ChurchWorks Ltd’), agrees to provide an Internet Service Application (‘Service’) hosted by ChurchWorks Ltd, and set up a private dedicated database for the exclusive use by the customer (‘Customer’). Each dedicated database is allowed to be used by one entity. Use of the Event Registration module is deemed Fair Use for Events no larger than two (2) times the capacity or average weekly Attendance subscription. A per registration fee will be charged for all Events outside the scope of Fair Use. Rates will be charged in accordance with pricing published on www.churchworks.com.

The Service is to be used only by the Customer and users authorised by the Customer. The Customer will have the ability to assign user logins and passwords to selected individuals maintained in their dedicated church database. The Customer will have full control over who is authorised to access/use this Service. In addition, the Customer will be able to assign administrator privileges on a user-by-user basis. All use of the Service is provided via the Internet through a standard Internet browser and/or email client. In order to use the Service, the Customer and Customer authorised users (‘Users’) are responsible, at their own expense, to acquire access to the Internet and to provide all equipment and software needed.

2. Customer Responsibilities and Warranty

By entering data, information, or material (‘Data’) into the dedicated database, the Customer warrants that: (1) the Customer is the owner of such Data, or has been granted all of the rights necessary from the owner of such Data to submit the Data to the Service; and, (2) the storage of such Data by ChurchWorks Ltd and its affiliates will neither infringe on nor misappropriate the property rights of or otherwise violate the rights of any third party.

3. Customer Proprietary Data Rights

The Data submitted to the Service is for the exclusive use of the Customer. ChurchWorks Ltd agrees not to use, distribute or disclose any of the data maintained as a result of the Customer using this Service. ChurchWorks Ltd and its affiliates shall have the right to remove any Data that violates these Terms of Service. The Customer agrees to evaluate and bear all risks associated with the use of any Data, including any reliance on the accuracy and usefulness of such data.

4. ChurchWorks Ltd Account Information and Data

ChurchWorks Ltd does not own or have any rights to any Data that the Customer submits as a result of using this Service. ChurchWorks Ltd will not monitor, edit, or disclose any information regarding the Customer or Customer’s database without the Customer’s express written permission except in accordance with this Agreement or as may be required by law. Anytime Customer information, other than general statistical data (ie, number of churches, etc.), is disclosed for any reason, the Customer will be notified in writing of the circumstances of such disclosure and to whom it was disclosed, no later than 72 business hours after disclosure. ChurchWorks Ltd 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. ChurchWorks Ltd may access the Customer database in order to respond to service or technical problems when requested to do so by the Customer.

5. ChurchWorks Ltd Proprietary Rights

The Customer acknowledges and agrees that the Service contains proprietary and confidential methods and information that is protected by applicable intellectual property and other laws, and agrees not to disclose such information to any third party without ChurchWorks Ltd’s prior permission. The Customer agrees not to copy, sell, rent, sublicense or to redistribute any portion of the Service, use of the Service, or access to the Service to any individual or group.

6. Availability of Service

ChurchWorks Ltd 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 ChurchWorks Ltd will use all reasonable efforts in good faith to avoid interruption of the Service, the 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 ChurchWorks Ltd and any operators of our servers.

7. Customer Assigned Administrator(s)

The Customer will select a primary (“Master Administrator”) and a secondary Administrator (one other designated contact) to manage the Customer’s use of the Service, to authorise users to access the Service, and to serve as the primary technical interface with ChurchWorks Ltd Customer Service Representatives.

8. Customer Support Services

ChurchWorks Ltd will provide quality technical support to the Customer. For questions or information not addressed in the ChurchWorks Online Help System, additional support will be available to the Master Administrator (“primary”) and one other (“secondary Administrator”) designated contact via email.

9. Data Collected for and by our Users

As you use our Services, you may import into our system Personal Information you have collected from your Members or other individuals. We have no direct relationship with your Members or any person other than you, and for that reason, you are responsible for making sure you have the appropriate permission to collect and process information about those individuals. Consistent with the uses of Personal Information covered in Section 10, we may transfer Personal Information of you or your members to companies that help us provide, or support our Services or the services of our Members (“Service Providers”). All Service Providers enter into a contract with us that protects Personal Information and restricts their use of any Personal Information consistent with this policy. As part of our Services, we may use and incorporate into features information you have provided, we have collected from you, or we have collected about your Members. We may share this information, including Member email addresses, with third parties in line with the approved uses in Section 10.

If a Member from your organisation contacts us to request their data is changed or removed we will advise them to take this request up with you directly.  Unless we are completed to do so by law we will not make changes to your customer data without first discussing with you.

We will retain Personal Information we process on behalf of our Customers for as long as needed to provide our Services or to comply with our legal obligations, resolve disputes, prevent abuse, and enforce our agreements.

10. Use and Disclosure of Personal Information

During the course of our business with you, ChurchWorks Ltd will have access to personally identifiable information for administrators and users acting on behalf of your organisation as well as member data that you submit to us through the use of our software.

We may use and disclose Personal Information during the course of our business with you.  With specific regards to administrators and users we will use your personal information in the following ways:

  • To promote the use of our services to you and others.
  • To send you informational and promotional content in accordance with your marketing preferences. You can stop receiving our promotional emails by following the unsubscribe instructions included in every email.
  • To bill and collect money owed to us by our customers.
  • To send you System Alert messages. For example, we may inform you of temporary or permanent changes to our Services, such as planned outages, new features, version updates, releases, abuse warnings, and changes to our Privacy Policy.
  • To communicate with our Customers about their account and provide customer support.
  • To enforce compliance with our Terms of Use and applicable law.
  • To protect the rights and safety of our Customers and third parties, as well as our own.
  • To meet legal requirements, including complying with court orders, valid discovery requests, valid subpoenas, and other appropriate legal mechanisms.
  • To transfer your information in the case of a sale, merger, consolidation, liquidation, reorganization, or acquisition. In that event, any acquirer will be subject to our obligations under this Privacy Policy, including your rights to access and choice. We will notify you of the change either by sending you an email or posting a notice on our Website.

Combined Information: We may combine Personal Information with other information we collect or obtain about you (such as information we source from our third party partners), to serve you specifically, such as to deliver a product or service according to your preferences or restrictions, or for advertising or targeting purposes in accordance with this Privacy Policy. When we combine Personal Information with other information in this way, we treat it as, and apply all of the safeguards in this Privacy Policy applicable to, Personal Information.

With regards to the personal information that you provide to us relating to your members we will use this information in the following ways:

  • To process data in the manner set out in the service that you have purchased.  Please see the particular product description for full details
  • To meet legal requirements, including complying with court orders, valid discovery requests, valid subpoenas, and other appropriate legal mechanisms.
  • For any other purpose as instructed by our customers in writing.