Fellowship Technologies Terms and Conditions
Last updated: January 1, 2009
Welcome to Fellowship Technologies. We're pleased that you've selected us as your Church Management Software service provider. Please use this page as a reference for questions about your service and the terms and conditions that apply to the use of your service. Your use of any portion of the Fellowship One site constitutes your agreement to all of the following terms and conditions. These terms and conditions apply to all services provided Fellowship Technologies unless specifically modified in a separate Access Fee Agreement or Work Order between Fellowship Technologies LP, and your church.
The purchase of any edition of the Fellowship One software service will provide access to all of the features and functions of that edition as described and defined on the Fellowship Technologies web site. Fellowship Technologies regularly upgrades Fellowship One with new features. This agreement only provides for access to the current feature set. No change of service that materially reduces the capability or performance of Fellowship One will be made to an edition covered by a separate Access Fee Agreement, for any reason, without the prior written consent of your church.
The current annual or monthly access fees for editions of Fellowship One may be listed on the current pricing schedule. Annual or monthly access fees for all other editions will be defined in a separate Access Fee Agreement. All annual or monthly access fees are billed and payable in advance. If you select an automatic payment method, charges may be processed on the first of each month. All invoiced fees are payable in US dollars within ten (10) days of receipt. Amounts not paid when due may be subject to a finance charge of 1% per month and Fellowship Technologies may restrict access to services where outstanding invoices remain unpaid longer than sixty (60) days.
Generally, the term of use is for one month at a time, automatically renewable for a single month with each successive monthly access fee payment, and you may cancel the services, without refund, at any time. Fellowship Technologies may cancel the agreement at any time with refund for unused portions of the Access Fee. Editions covered by a separate Access Fee Agreement are for a term of one (1) year, and will automatically renew for an additional one (1) year term based on the Renewal Access Fees, unless either you or Fellowship Technologies provide written notice of the desire not to renew at least sixty (60) days before the expiration of the Term.
Renewal Access Fees
Access fees are based upon your Typical Worship Attendance and you will calculate your attendance as part of the purchase process. Every twelve (12) months, and prior to the renewal of any access term, you will provide an updated Typical Worship Attendance and access fees will be adjusted to reflect your current attendance and the current pricing.
For editions covered by a separate Access Fee Agreement, should a material breach of these terms and conditions occur, either Fellowship Technologies or your church may terminate this agreement with sixty (60) days written notice, unless the breach is cured within the sixty (60) day period. The willful copying, disclosure, distribution, sublicense, or permission of unauthorized use of the Fellowship One site, or proprietary content, by your church or any of its Authorized Users is considered a material breach that cannot be cured.
A breach includes any violation of these terms and conditions, the use of Fellowship One to transmit in any way, libelous, abusive, threatening, harmful, vulgar, obscene, hateful, racially or ethnically offensive or otherwise objectionable material of an kind, interference with another church’s use and enjoyment of Fellowship One, engaging in surveys, contests, sending junk-mail or any unsolicited e-mail outside the scope of usual church business, knowingly uploading or distributing any files that contain viruses or any similar item that may damage the operation of another computer, and any activity that knowing will interfere with the proper function of Fellowship One.
When your access to Fellowship One expires or is terminated, (a) each party will return to the other any Confidential Information (or at the request of the disclosing party, destroy the information), (b) your church shall return all copies of Fellowship Technologies resources or technology in its possession and the related documentation, and (c) upon request, Fellowship Technologies will provide you with a copy of the most recent Member and Associated Information in a format reasonably agreed upon by the parties. Any unpaid fees owed, shall become immediately due and payable on the effective termination date. Upon request, either party will, within ten (10) days of termination, certify in writing its compliance with the provisions of this section.
An Authorized User is anyone assigned a password by Fellowship Technologies as administrators of the system for your church, along with any church employee, consultant, independent contractor, or volunteer who has been given a password from the person designated by your church to administer the use of Fellowship One.
Only Authorized Users may access the Fellowship One software service. You agree to maintain the confidentiality of all passwords and to notify Fellowship Technologies of any unauthorized use. You are responsible for all use that occurs on Fellowship One under your church or member IDs.
In the course of accessing Fellowship One, your church and Fellowship Technologies may come into possession of information that is confidential or proprietary to the other party. This confidential or proprietary information includes your nonpublic church Membership and Associated Information, technology resources in which Fellowship Technologies has proprietary rights, nonpublic business information, or any other information identified in writing by either party as confidential. (If any information is identified orally as being confidential, a written description and request for confidentiality shall be provided within thirty (30) days.) Fellowship Technologies and your church agree that all such information (a) will be used only for the purposes of this agreement, (b) will not be disclosed to any third party except where permitted under the terms of a separate written agreement, (c) and will be protected from any unauthorized use or disclosure. Neither party is required to keep confidential information that is (a) publically available through no fault of either party, (b) independently developed or lawfully acquired by either party without reference to any provided confidential information, or (c) required by law to be disclosed. If any confidential information is required to be disclosed by law, the disclosing party will notify the other party.
Fellowship Technologies owns all the intellectual property right, title, and interest in all Fellowship One editions, this site, and any related documentation or expression, wherever found, or has the right to license any third party intellectual property utilized. Your church agrees to ensure that any authorized copy of any proprietary information will contain the same proprietary notices and copyright designation that may appear on the Fellowship One site. In addition Fellowship Technologies will own all rights, title, and interest in any custom development provided to your church.
Limitation of Warranty and Liability
All editions of Fellowship One, any custom services, and all site content provided by Fellowship Technologies are on an “as is” and “where is” basis. Fellowship Technologies does not endorse any member information or warrant that access will be error free, current, or uninterrupted. Fellowship Technologies disclaims all warranties including though not limited to implied warranties of non-infringement of third-party rights, merchantability and fitness for a particular purpose or arising from a course of dealing, usage, or trade practice.
Neither party shall be liable to the other for any special, incidental, consequential, indirect or punitive damages even if the party has been advised of the possibility of such damages. Except for the terms of indemnification included in these terms and conditions, the cumulative liability of either party for all claims arising under this agreement, under any legal or equitable theory, shall not exceed the total amount of all fees paid to Fellowship Technologies during the twelve (12) month period preceding the imposition of liability. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages and this limitation of such damages may not apply to you.
If any claim of U.S. copyright, trademark, patent, trade secret or other proprietary right infringement is brought against your church as a result of using Fellowship One, Fellowship Technologies will, at its expense, defend, indemnify and hold harmless your church, its officers, directors, employees, agents and contractors, and your Authorized Users, from any claim, suit, proceeding or loss, damages or liability of any kind, provided that your church gives Fellowship Technologies prompt notice, and reasonably cooperates with such claims; and provided further that Fellowship Technologies shall not be liable to your church or any of the other parties listed above under the terms of this section if any infringement or claim is based upon (a) the use of Fellowship Technologies services in violation of these terms and conditions, (b) the continued use of superseded, altered or allegedly infringing versions or releases of Fellowship One if the alleged infringement could be avoided by the use of a different version made available by Fellowship Technologies or (c) any information, instruction, software, data, or other item not furnished by Fellowship Technologies. This description of indemnity and limitation is your sole and exclusive remedy and recourse with respect to any infringement by Fellowship Technologies of any third party’s intellectual property rights.
If the use by your church or its Authorized Users, of Fellowship One or third-party services available through the Fellowship One site (including the unauthorized use of a Password provided by any Authorized User to an unauthorized person, or the negligence of any Authorized User which causes a third party to obtain unauthorized access to a Password), results in a claim, suit, proceeding, or damages, liabilities, losses, costs, and expenses of any kind (including reasonable attorneys' fees and litigation expenses), your church, at its expense, shall defend, indemnify and hold harmless Fellowship Technologies, its officers, directors, shareholders, legal representatives, employees, affiliates, successors, assigns, agents and contractors, provided that Fellowship Technologies gives your church prompt notice, and provides reasonable cooperation with such claims. Your church will not settle or otherwise resolve any issue subject to this indemnification without the prior written consent of Fellowship Technologies. Fellowship Technologies reserves the right to assume the exclusive defense and control of any matter subject to indemnification by your church.
The officers of Fellowship Technologies are Christians and believe that the Bible commands them to make every effort to live in peace and to resolve disputes with other Christians in private or within the Christian church (Matthew 18:15-20; 1 Corinthians 6:1-8). Any claim or dispute arising from this agreement shall be settled by Biblically-based mediation and, if necessary, legally binding arbitration carried out following the rules of procedure for Christian Conciliation of the Institute for Christian Conciliation (a division of Peacemaker Ministries. A complete text of the rules is available at www.hispeace.org). The parties agree that these methods shall be the sole remedy for any controversy or claim arising out of this agreement and expressly waive their right to file a lawsuit in any civil court against one another for such disputes, except to enforce an arbitration decision.
Any claims arising from the use of Fellowship Technologies services must be brought within twelve (12) months of the date upon which the party claiming becomes aware of the claim.
Access to any edition of Fellowship One may not be assigned or transferred to anyone without the prior written consent of Fellowship Technologies.
Each party agrees to abide by all laws and regulations that may apply to this agreement or the use of Fellowship One. Should any aspect of this agreement become a matter before a court of law, it shall be resolved under Texas law without reference to conflict of law principles.
Fellowship Technologies may provide links to other Internet sites for the convenience of its users in locating related information and services. Since these sites are maintained by third parties, Fellowship Technologies expressly disclaims any responsibility for the availability or functioning of those sites, their content, and the quality of products or services provided by or advertised on any such sites. The existence of a link to any site, is not intended as an endorsement of the site. Fellowship Technologies shall not be responsible for any unavailability or failure of such sites or for any damage or loss of any kind incurred from connecting to such sites or using the products or services offered on them. Where possible, you may opt out of a linked site by eliminating access to a site via a security layer of access as part of administrative rights within Fellowship One.
If any provision in the terms and conditions or a separate Access Fee Agreement is held to be invalid or unenforceable, that provision shall be construed, limited, modified or, severed, to the extent necessary, to eliminate any invalidity or unenforceability, and the other provisions shall remain in full force and effect.
The current telecommunications infrastructure and the Internet are unsecured, unstable, unregulated, unorganized and unreliable environments, and in most instances, the ability of Fellowship Technologies to provide services is dependent upon a telecommunications network or the Internet as well as goods and services provided by various other vendors and third parties. In addition, the ability to use or provide these services may be disrupted by labor shortages or disputes, riots, war, earthquake, fire or other acts of God, accidents, governmental action, or other causes beyond the control of either party. Should any of the situations or events described above interfere with the ability of either party to perform then they are relieved of their obligations under this agreement to the extent they are unable to perform and, with the exception of the payment of monies owed, neither party shall be liable for any loss, injury, delay or damages suffered or incurred by the other party due to the above causes.
Should Fellowship Technologies not strictly enforce any provision of the terms and conditions, such failure shall not be construed as a waiver of the unenforced terms, nor any other provision.
All terms and conditions not specifically related to the active use of the Fellowship One site shall survive the termination of this agreement.
Changes to Terms and Conditions
From time to time, revisions will be made to these terms and conditions. Except where specific procedure related to such is defined above, Fellowship Technologies will provide notice of such revisions by posting the updated terms and conditions to this site.
Definitions That Apply to the Above Terms and Conditions
Custom Development. If used in a separate Access Fee Agreement, custom development refers to any software, documentation, or other items that are developed by Fellowship Technologies specifically for your church.
Effective Date. The date online access to Fellowship One begins, or the effective date of a separate Access Fee Agreement, if any.
Member. A member is any church member, attendee, child of member or attendee, and any person for which your church would like to maintain information for operational purposes.
Typical Worship Attendance. The typical weekly worship attendance for all services at all church locations and including all age groups.
You and Your Church. Throughout the above terms and conditions the use of “you” and “your church” is collectively used to mean the individual or the church purchasing access to Fellowship One and held primarily responsible under the terms of this agreement. For editions covered by a separate written Access Fee Agreement, this will generally refer to the church as a unique organization. Where an individual is the purchaser, the terms are considered to refer to this individual and the church that uses the service, jointly. Any Authorized User is also bound by these terms.
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