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****ALTHOUGH WE PROVIDE TRANSLATION OF THIS DOCUMENT ANY ERROR DOES NOT NULLIFY ANY TERM OR CONDITION DEFINED IN THE ORIGINAL LANGUAGE WHICH IS ENGLISH****
This page includes all of the “Terms of Service” under which Nueva Vida Media LLC (“we” or “us”) will provide all iPowered Church Services as an integrator; designer; service provider to include hosting services, web design services, church management system integration, Donation plugin services, consulting services, maintenance services, mobile app design and upload to platforms, local search engine optimization integration and service; these services will be provided individually or collectively to non-profit churches.
Please review these terms carefully. The agreement for service and the acceptance of any or all of the above services from Nueva Vida Media LLC. Deposit, initial payment, and or ongoing payments are indicative of acceptance of any and all of the terms and conditions pertaining to the service; integration; design chosen by the church organization (“client” or “customer”).
Please note that these Terms and Conditions are subject to change at the discretion of Nueva Vida Media LLC. We will make every effort to inform client/customer of any changes made that will affect them or the services they have chosen. We do not require a re-certification or acceptance of the changes of terms. However, if the client/customer so chooses to not accept the changes made to these terms and conditions, the client/customer must notify us 15 days after any change is made of their disagreement. Provided the term commitments for services have been fulfilled client/customer will cease from services offered by us. If term of commitment for service is not fulfilled there will be no refund or release from commitment. When client/customer notifies us of their disagreement with the new terms we will await the commitment fulfillment (term of contract) and upon expiration of such, we will release client/customer and cease all services.
We operate at the level of integrator to include the integration of WordPress, and other necessary plugins for the completion implementation of the desired service. We will create your wordpress installation and pertinent databases.
As an integrator we may or may not resell plugins, themes, technology that client may solicit and acquire from us. In which case we operate on behalf of the client using an email address provided by client in the domain of the client. Our rights as operating on behalf of the client is limited to the installation, integration and maintenance (if chosen by client). This privilege does not supersede or nullify any of the terms and conditions below. It is the responsibility of the client to agree to the terms and conditions of those plugins, developers, of said technology we operate as on the behalf of the client.
License:
As an integrator we may use from time to time licensed plugins, software, code, applications, that are licensed to us as a vendor however are used to fulfill one or more of the client/customer projects.
In the event client requests that all site design and the like be turned over to them for monitoring, maintenance it is understood that there will be an additional fee to maintain the license used to develop the site payable to us by client/customer. If client/customer so chooses they can acquire their own license by purchasing it separate from our services and design/integrator/affiliate/partner relationship with the 3rd party vendor. At which point the entire site, design, plugins, software, code, applications will be the full responsibility of the client/customer. We will not provide any maintenance or support for licensed purchased outside our relationship with a vendor.
Depending on services client has chosen will require the following to be setup prior to us entering to provide our integration services.
√ Client Domain Email (ipoweredchurch@yourdomain.org)
we will help you get your non-profit discount
there is an additional charge of $99 charged by Apple.
√ Google Play Development Account
there is an additional charge of $25 charged by Google.
Your google account must be first setup for billing. If you are 501c3 we can help you get their $10K per month grant.
√ Access to hosting site as Administrator (if not hosted by us).
Access to these accounts are done on behalf of client based on criteria of service provided and only this.
We provide these services via a partnership relationship with Secondary vendor hosting (secondary vendor). These services are primarily supported by the secondary vendor not Nueva Vida Media. However, We will represent client/customer when communicating with secondary vendor.
As a reseller we are bound to the terms and conditions of the vendor we partner with. The following was derived from their terms and conditions and client/customer is equally bound to the terms and conditions of the secondary vendor.
Use of Hosting Services
Excessive CPU, RAM, Bandwidth or Disk Space Usage has the ability to compromise our shared hosting environment. This is the result of using the system in a manner that encumbers disk space, processors or other system resources beyond the allowances of your specific plan type and to the degree that your usage compromises the hosting accounts of our other customers.
Excessive resource usage – cgi scripts or other executable code that consumes an undue amount of CPU time [defined dynamically by vendor at will] will be reprioritized if possible, or we will ask you to discontinue its use either permanently or the script is altered by yourself or third party to operate in a less resource-hungry manner. Failure to cease operator of the offending executable will be considered as server abuse. Secondary vendor reserves the right to terminate any process which it deems to be using excessive resource usage.
Background processes
Background process [that is, application or utilities that are started from within an interactive shell login, and set to run permanently in the background on a server] are not to be initiated without prior arrangement with use. We reserve the right to examine all code before it is run on the server. Running of background processes without prior arrangement in and confirmation in writing from Secondary vendor is server abuse.
Compiling
User rights to access compiler software is available upon request and arrangement. Once again, we choose to examine any code that is compiled and executed from our hardware. If you need access to the CP compiler, please contact us describing your need for access. Compiling without prior arrangement and written confirmation is server abuse.
Mailing Lists
Mailing lists operated on Secondary vendor servers must be double opt-in with specific clear instructions in order to opt-out. Large mailing lists should be sent via third-party dedicated mailing list platform and not through the servers of Secondary vendor unless specific permission has been explicitly granted beforehand. Should a large mailing disrupt normal services or create unacceptable server loads, the account associated with the mailing risks termination.
Pornography
Secondary vendor as well as Nueva Vida Media LLC prohibit the storage and transmission (inbound and outbound) of pornography with the exception of softcore erotic art. Written permission must be obtained before any pornographic material is stored and/or transmitted through Secondary vendor servers.
Copyright software, Warez, destructive applications, copyright media, proprietary computer information and hacking & cracking sites are strictly prohibited on any portion of our services and network.
Customers storing & transmitting (inbound and outbound) files that violate copyright or other federal laws are grounds for instant termination of service.
Warez Sites are sites that are typically used by “hackers” to trade (upload/download) illegally pirated copies of software programs with one another. Secondary vendor has a zero-tolerance policy on all Warez Sites. Sites that become a trading post for “warez” programs will be reported to any and all regulatory, administrative, and/or governmental authorities for prosecution. In addition to your account being deleted from our servers, you may face legal action that can be taken against you by the programmers/software companies of the copyrighted software.
Any incident of server abuse is grounds for immediate and unconditional account termination. Common examples of abusive practices are listed below and we along with secondary vendor reserves the right of interpretation as to what constitutes abusive practices. In short – if you are unsure that your actions may be perceived as an abuse of service, contact us directly to check with us before proceeding.
Ignorance of your actions and consequences does not exempt you from liability.
We along with secondary vendor reserves the right to financially penalize any customer violating this agreement. The amount the customer is penalized is determined by Us and secondary vendor. The customer agrees to pay all financial penalties placed by us and secondary vendor in full and within 30 days.
Email abuse
Unsolicited Commercial Email [‘Spam’] is implicitly forbidden. This is considered server abused and is grounds for immediate termination. We reserve the right to charge a Spam Clean Up Fee of up to $150.00 USD on a case by case basis.
Trafficking of illegal content
In the same way that storing illegal content on your account is banned, likewise is the utilization of your account to traffic illegal content, by any means or method, it must not reside on nor pass through a secondary vendor servers.
IRC sessions
Using Secondary vendor servers to run an Internet Relay Chat [IRC] session is grounds for immediate termination. This includes the use of BNC and other redirection servers to indicate a source address on any Secondary vendor server. Running IRC from our servers makes them targets for attack. Don’t run IRC sessions, IRC bots, IRC servers or IRC proxies. IRCs, Chat Rooms, MUDs, etc. Also software used in the maintaining of an IRC connection (daemons), ‘bouncers’, ‘eggdrops’ and the like are strictly prohibited. We will give no warning before terminating this activity and the account responsible.
Hacking / Denial of Service
Network activity that constitutes an attack on any internet host from a Secondary vendor is grounds for immediate termination of likely prosecution.
Proxy websites and such are prohibited.
Secondary vendor utilizes FraudRecord and FraudLabsPro to screen new orders for previous fraudulent activity and report existing clients who violate our Terms of Service. In case of a violation, you may be reported to FraudRecord and FraudLabsPro for misbehaviour using one-way hashed information.
Storage Space and Backups
Secondary vendor offers generous amount of storage space so you do not have to worry about your Disk Space usage and you can focus on building and operating your website.
We are not a data or backup storage platform and we do not condone the use of your storage space with us for such purpose. A few examples of storage space use that we prohibit:
– Operating a website which main purpose includes file upload & sharing, media upload & sharing, archiving, distributing, backup and/or mirroring.
– Storage of large amount of non-website files like PDF, ZIP, videos, images, music and various other files.
– Storage of contents or medias that are not related to your active website.
– Storage of copyrighted materials which you do not own.
Any accounts which violate the above terms may, at our discretion, be removed from our servers. We along with secondary vendor has sole discretion to determine what does and does not constitute a violation of this policy.
The client/customer retains full ownership of all data uploaded to Secondary vendor’s servers and will take full responsibility for the content, unless serviced or designed by Nueva Vida Media via a maintenance agreement or website design agreement.
Secondary vendor backs up data for its own use and disaster recovery and the backup is made available to customers for self-service restore. The customer is encouraged to make their own backups. We do not make any guarantees on the integrity and reliability of the backups.
Any account larger than 5 GB may, at our discretion, be subject to reduced backup frequency and retention with or without notice.
Any account larger than 10 GB may, at our discretion, be subject to reduced backup frequency and retention or be excluded from our backup systems with or without notice.
All cPanel backup files, Softaculous backup files, backup-*.tar.gz, cpmove-*.tar.gz and any other forms of backup files which are larger than 1 GB and/or older than 3 days will be removed from the server automatically and we suggest downloading said backups to an off-server location.
Uptime Guarantee
We along with secondary vendor guarantees a 100% server uptime to hosting customers. If your server has a physical downtime of more than 1 hour, you can request for 10 times the actual amount of downtime. This means that if your server has a physical downtime of 1 hour, you will receive 10 hours of credit.
Customers claiming credit under our uptime guarantee must do so by opening a ticket within 72 hours of the incident with their username, main account domain and PayPal transaction/subscription ID. All requests after 72 hours of the downtime incident happening will be void.
The amount of compensation may not exceed the customer’s monthly recurring charge.
Uptime guarantee and crediting schedule do not apply to subaccounts created by resellers customers.
SLA Exclusions:
Scheduled Network Maintenance, Hardware Maintenance, Software Maintenance, Malicious Attacks, Legal Actions
Secondary vendor has the final say and will determine the uptime of our servers and will base its uptime on our own monitoring systems. External monitoring statistics set up by customers will not be considered as evidence of uptime/downtime.
Payment and Bills
All accounts are set-up on a pre-pay basis only.
We provide 5 days no interest credit period to the customer to allow resolution of any payment issues. We reserve the right to reduce the credit period time at its own discretion at anytime. We reserve the right to impose a late fee for unagreed late payments, depending on situations.
We will suspend your account if outstanding bills have not been paid in within 5 days or less. We reserve the right to suspend the account anytime after the invoice is overdue.
If outstanding bills owed to us have not been paid in full and no further credit arrangements have been made, we reserve the right to suspend or terminate all hosting accounts and deactivate all other services purchased through us until all owed amounts have been paid in full.
After account suspension, we will not provide you with any account backups unless the full outstanding bill has been paid in full before backups are deleted. We reserve the right to impose a re-activation fee for accounts that have been suspended. We reserve the right to impose a late fee for circumstances where your bill has not been paid in full and on time.
Refunds & Cancellations
You can only cancel your account by opening a support ticket with our billing department supplying your: Main account domain and reason for cancellation.
If you do not cancel using the procedures set in the above, your account will not be canceled and will be subject to charges. Accounts canceled within the first 30 days from sign up are subject to a full refund for the hosting account only (less our payment processor fee and any additional fees). Accounts canceled after the first 30 days from sign up are eligible for a pro-rated credit being added to your Secondary vendor account. Any prorated refunds will be calculated less any promotions or discounts applied to the term being prorated.
Any free/paid additional services provided (if applicable) are deducted from the total refund amount of customers requesting a refund under our money back guarantee. They will not be refunded as part of the money back guarantee and thus considered as chargeable items.
If you have violated our Terms of Service, the money back guarantee no longer applies to you.
Support Restrictions
Secondary vendor does not provide full support for 3rd party scripts including all scripts listed in Softaculous, Installatron, WHMCS and any other script unless explicitly stated (only basic support).
If you open a ticket requesting support for a 3rd party script, your ticket will be answered in a “best effort” basis, which does not guarantee resolutions.
The offer of any particular service does not constitute an obligation on Us or Secondary vendor part to tutor the necessary skills to utilize that service, only to provide system-specific information.
When domains are purchased these purchases will not be made via the secondary vendor although offered. Any domain purchase must be made my client/customer and we will provide assistance as to how to point that domain to the correct Name Servers for the secondary vendor hosting services.
Lawful Purpose
We reserve the right to refuse service to anyone. Customers may only use Secondary vendor server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of Secondary vendor management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in Malaysia, and any dispute will be litigated or arbitrated in Malaysia.
Indemnification
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD US AND SECONDARY VENDOR HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY’S FEES ASSERTED AGAINST SECONDARY VENDOR, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT’S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS SECONDARY VENDOR AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH SECONDARY VENDOR SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM SECONDARY VENDOR SERVER.
Disclaimer
WE AND SECONDARY VENDOR WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS, CHUCH, MINISTRY, NON-PROFIT MAY SUFFER. WE ALONG WITH SECONDARY VENDOR MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. WE ALONG WITH SECONDARY VENDOR DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY SECONDARY VENDOR AND ITS EMPLOYEES. SECONDARY VENDOR RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME TO REVIEW THEIR TERMS AND CONDITIONS VISIT: https://nofrillscloud.com/legal/tos/
WE ALONG WITH SECONDARY VENDOR RESERVES THE RIGHT TO CANCEL/ SUSPEND /TERMINATE YOUR ACCOUNT AT ITS OWN DISCRETION WITH OR WITHOUT REASON IF IT FEELS THE ACCOUNT WILL CAUSE DAMAGE TO THE ORGANISATION OR ANY OTHER REASON. SECONDARY VENDOR RESERVES THE RIGHT TO ALTER THE SERVICES PROVIDED AT ANY TIME WITH OR WITHOUT NOTICE.
All website design will be developed in a sandbox (non-public) location. We retain ownership of the location code including HTML until transferred to a public site location. In which case ownership may be transferred to client by request of client.
Website Development Payment Obligations:
A down payment is required to begin development of your website. This is usually 50% of the upfront design fee, unless an alternative contract or proposal specifies a different amount. The outstanding balance on your website is due after the design, navigation and pages have been approved and built. Final payment is due regardless of whether all content for the pages has been sent by the client and is due when final review of the site is sent to client prior to going live. This provision is in place to encourage the client to get content submitted promptly so that their site can go live. It also ensures that we get paid for performing their duty under the proposal, despite tardy content from the client.
Website Development Cancellation:
If site design and development work has already begun (such as creating a design concept), then the down payment is non-refundable. Wes may elect at its sole discretion to offer a partial refund depending upon the circumstances.
Stock Photography Payment Obligations:
Stock photography includes most photos and/or images not provided by the client. Stock photography purchased on behalf of client for use in website development is billable. This amount is separate from the amount quoted for website design and development. Some pictures are more expensive than others, in which case we will solicit client approval and communicate the cost to purchase photos before purchasing.
2 Components needed for WebSite Design:
Domain name registration/renewal: This cost recurs annually. Domain name registration gives you exclusive rights to a certain name, such as www.mygroup.org, so that you can use it for your web-based purposes. We encourage all of our clients to purchase their domain with https://domains.google.com. We do not provide support on domain or hosting services for a website design client. If we are doing your hosting than please refer to the terms and conditions listed under that service.
Hosting:
This cost recurs annually. Hosting places the website on a server connected to the web, which allows you to post a website for viewing through a browser. You are NOT required to host through us, but we strongly PREFER that you do. Hosting comes with domain-based emails, bandwidth, storage space, database and security tools, and other features. Projects that involve other services such as church management or mobile app development must be hosted with us to ensure the programs that we write will work. If you want to host your site on another server this must be disclosed before we begin programming.
Sites NOT Hosted by us:
Should client decide to host their site on another server, We cannot guarantee that all elements of the site will work. We will make a reasonable effort to research the problem on the foreign platform to let the client know what we think the problem is. However, we cannot take responsibility for problems caused by or on another hosting server, including but not limited to email, FTP, SSL, database, server software, and site security issues. If Shortgrass believes it will take a significant amount of time to fix the problem, we will advise the client before proceeding. In most cases, fixing problems on a foreign hosting server is billable.
Website Maintenance:
There are no required maintenance fees other than domain registration and hosting. Most people do some work on their site every year, for which we offer several plans. We can make certain parts of the site updatable by you by implementing a custom Content Management System. For work we do on the site after going live, we charge on an hourly basis ($65/hour). If you expect that maintenance will be a regular occurrence, you can buy a prepaid maintenance contract that affords a discounted hourly rate. If need be, we can customize a maintenance plan for your needs, but no plan is required.
Website Maintenance Payment Obligations:
For any website changes we will propose an estimate of labor hours and if there is no maintenance agreement with us – prepayment of that estimate is required. In the event the hours are not used we will refund the difference in increments of 15 minutes. (hour labor = 60 min. divided by 15min = .25 or ¼ of an hour) If a maintenance agreement is chosen, any hours above the allotted number of hours given to the prepaid agreement will be billed hourly minus a 35% discount. If payment is not received within 30 days, the maintenance changes may be taken down until payment is received. After 60 days, there may also be a reposting fee added to the outstanding maintenance invoice balance.
Our Web Site Development Process
Questionnaire and Template – On the onset of the request for your website, we will provide a questionnaire for you to provide as much information as possible. Based on your sample sites which you reference for us we will investigate the wireframe of the website and provide you with 3 template options for you to choose one.
Template or Kit – Once a template or kit is chosen by the client this template or kit will be purchased by us on behalf of the client/customer. We as the vendor with access to these templates are licensed for usage. We will design the site with the template in mind however client/customer will not retain ownership of template. Client/Customer will retain ownership of web site design after the template has been customized for them.
Homepage Design – Once the site design is approved by the client, usually via email consent, the design is considered ready for implementation. Should the client wish to make changes to a design they have approved, those changes are billable at our standard hourly rate.
Navigation – Once site outline/map is approved by the client, usually via email consent, the site navigation is considered ready for implementation. Combined with the approved graphic design, this becomes the site structure. Once we build this structure per client approval, any subsequent changes are billable at our standard hourly rate.
Content – Provision of content is customer’s responsibility, unless specifically negotiated ahead of time as part of the project proposal.
Text content – Copy for all website pages and links needs to be delivered digitally and should be carefully proof-read by the client. We are not responsible for proof reading. Two rounds of revisions will be provided free of charge. Subsequent revisions will be billable at our regular hourly rate.
Copy development – Should client wish us to develop content for the site, website copy is billable at our regular hourly rate. Development of copy is accomplished via Our Web Development interviewing the client about the topic areas to be addressed on their web pages. We then compose appropriate copy, submits to the client for review, edit, and approval. Approved copy is then posted to the web pages.
Graphical content – Images outside of the website design must be provided in digital form or in a form that can be easily scanned, unless otherwise provided for in customer’s contract. Subsequent revisions will be billable at our regular hourly rate.
Training – For websites with administrative control panels or content management systems, a one-hour Basic Training (Editor Access) will be provided. Additional training and/or Advanced Training can be scheduled at an additional fee.
Technical Support – We offer local and long-distance phone support to our clients who have a maintenance agreement. For clients that do not have a maintenance agreement any and all support once site is live is billable at standard hourly rate.
Training and Tutorials
Because customer service is in integral part of our business strategy, our projects include a one-time complimentary training session in order for our clients to better make use of their new web technology. Additional training hours can be purchased at our standard hourly rate or applied against your existing maintenance contract.
Websites with Proprietary Source Code
In all cases, we will install software for the client’s use that has been built by a third party. Examples include WordPress software, Elementor Pro editor software, photo galleries, and other plugins as needed. In these instances, clients will be subject to the terms and conditions of the third party who owns the software and may use the software as a licensee only. No ownership rights of any kind are transferred to the client for these. For any plugins which are used by us to develop the client’s site and a cost is incurred, this cost will be passed on to the client/customer based on the terms of that plugin.
Access to or transfer of proprietary source code could result in a security risk to us and its clients who are running similar pieces of code. In order to provide custom software development services, clients give us access to private and/or sensitive information, trade secrets, proprietary pricing, business and organizational methods. If clients believed that we may be sharing this information with outside developers, they could lose faith that we are protecting their proprietary information. Therefore, neither access nor transfer of any code built for any purpose that is unique and not commonly and publicly available can be granted.
Website components that ARE transferable to another host include html code, graphics, logos, pictures (only those which are either owned by the client or purchased stock photos), navigation, text, and the data residing within a database (but not the code). Hourly fees will apply for any special work that needs to be done to transfer those parts of website that do not violate the other paragraphs in this section.
iPowered Church Management system (CMS) is provided to client/customer for the use of church member management; donation management; documentation management; sermon management; and any other addition which we will add via updates.
The church management system is hosted on a internet server where the church site is present and will be made accessible via a subdomain. It is the responsibility of the client/customer to decide and acquire the subdomain to be used as well as hosting server. If Nueva Vida Media is providing hosting services for the client/customer’s website or CMS the subdomain will be based on the parent domain. E.g. Primary domain is www.ChristRedeemedChurch.org – a subdomain can be CMS.ChristRedeemedChurch.org; essentially the subdomain replaces the www.
CMS is user based, control and management of users are the responsibility of the client/customer. While deploying we will create and use a seperate adminstrator login. We will provide a administrator user id to the client once CMS is deployed, it is the responsibility of the client/customer to make available and manage users into the system based on the roles for that user. Nueva Vida Media is indemnified from any data breach, or data corruption once delivery is accepted by client.
We may or may not provide support to client./customer for the CMS. This maintenance does not nullify indemnification of Nueva Vida Media due to data breach or corruption.
If client/customer makes full licensed purchase we will deploy and implement the solution in the location the client/customer desires along with any add-ons for them. Once delivery is accepted by method of signature of acceptance not to pass 15 days from notification of completion the CMS will be owned entirely by the client/customer.
If client/customer requests maintenance on the CMS this will be done via a website maintenance agreement. If there is no agreement between us and client then the client will pay $65/hour rate for any maintenance to be performed. We do not warrant any data that may have been corrupted or breached.
Donation module requires that client/customer open an account with stripe.com for credit card, debit card processing. Client/Customer must provide us during deployment phase access to the stripe account to setup API access and webhooks which will be used by the online module.
Client/Customer Responsibility:
You assume total responsibility for your and your user’s use of the Services and Sites, and you are responsible for all acts and omissions of your users in connection with receipt or use of the Services and Sites. You shall use our Services and Sites only for legitimate business and commercial purposes, and you shall not use the Services or Sites for activities which, in our sole discretion, may be illegal, offensive, abusive, or in a manner that interferes with or adversely affects the Services or use of the Services or Sites, including using in the Services or Sites in a way that promotes hate, violence, discrimination, or intolerance. You agree to compensate, hold harmless, and defend us from any claims, damages, losses, liabilities, costs, and expenses, including attorneys’ fees, resulting from your use or misuse of the Services or Sites.
You and your users must use the Services and Sites in compliance with all applicable laws, rules and regulations, including but not limited to all data protection and privacy laws, as well as laws relating to unsolicited commercial electronic messages. You must obtain and maintain all applicable licenses, permits and approvals for the use of the Services required by any governmental agency, foreign or domestic, having jurisdiction over the transaction. Except as otherwise agreed to by us in writing, you shall not remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on any materials made available by us. If you are under 18, you may use the Services only with the involvement of a parent or guardian.
Except to the extent included with the Services as described below, you are responsible for the installation, operation, and maintenance of all hardware, software, equipment and services, including internet access, necessary to access and use the Services (“Third Party Products”), and for ensuring the same is up to date. We may make available to you certain Third Party Products and, if purchased by you, such Third Party Products are non-refundable upon termination of the Agreement. You acknowledge and agree that we when we are reselling any Third Party Products, we neither provide any warranty related to nor assume any liability for such Third Party Products, but will pass through to you the manufacturer’s warranties, as applicable, related to each Third Party Product we resell and will use commercially reasonable efforts to facilitate your utilization of such warranties.
We are not responsible for the transmission or reception of information by any Third Party Products. If any Third Party Products impairs your use of the Services, you are still responsible for payment of Fees. It is your responsibility to address any issue with the Services caused by a Third Party Product. We may, in our sole discretion, assist you with resolving technical difficulties caused by the Third Party Products. If any changes in Service cause Third Party Products to become obsolete, require modification or alteration, or otherwise affect performance of such Third Party Products, you, not us, are responsible for modifying, altering or replacing the affected Third Party Products.
The Services are not intended to be used for or in connection with life support, life sustaining, nuclear or other applications in which failure of such Services could reasonably be expected to result in personal injury, loss of life or catastrophic property damage. You represent and warrant that you will not use the Services in such applications, and you agree that we are not liable, in whole or in part, for any claim or damage arising from your use of Services in such applications.
Data:
Except as expressly set forth herein, you retain all right, title, and interest in and to any data or information owned and provided by you when using the Services or visit our Sites (collectively, “Your Data”). As an integrator of the server we are indemnified from any legal or unlawful use of the module provided. Notwithstanding the foregoing, you hereby grant to us a non-exclusive, worldwide, royalty-free, fully paid up, sublicensable, transferrable, perpetual, and irrevocable license to de-identify Your Data and use such data (“De-identified Data”) for any legally permissible purpose; provided such De-identified Data does not include personally identifiable information (as such term or similar term is defined under applicable law). We may also automatically collect usage data regarding your use of the Services and Sites (collectively, “Usage Data”), we will collect NO personal data. Usage Data may be collected by the Services and Sites and transmitted to us. We will not publicly disclose any Usage Data that identifies you. You acknowledge and agree that we retain sole and exclusive ownership of all right, title, and interest in and to the De-identified Data and Usage Data, and you shall have no rights to retain or use any of the same.
To the extent you provide or otherwise make available any personally identifiable information to us, including in connection with you and your end users’ use of the Services and Sites, you represent and warrant that your collection, use, processing and transfer to us of such information is and shall be in accordance with any applicable laws, including, privacy protection laws, and that you have made all necessary disclosures and obtained all required consents (if required), to transfer such information to us.
TERM AND TERMINATION; AUTOMATIC CHARGES
Each Service term commences upon the date of the Order and shall continue for a period of one year, unless otherwise agreed to in the Order (the “Initial Term”), unless sooner terminated as set forth below. Thereafter, the Order will automatically renew, and your credit card or other selected payment method will be automatically charged, for the period specified in the Order, or, if no such term is specified, on an annual basis at the then-current monthly rates (the “Renewal Term” and together with the Initial Term, the “Service Term”) unless either party provides the other party with written notice of its intention not to renew prior to the commencement of the next Renewal Term.
Either party may terminate an Order upon written notice to the other party if the other party defaults in the performance of any of its material obligations under this Agreement and such default continues for a period of thirty (30) days after receipt of written notice specifying the nature of the breach. We may also terminate this Agreement or any Order at any time and for any reason effective upon notice to you.
You may not use any Services or materials after the expiration or termination of your Order for the Services. Upon termination of this Agreement for any reason, you will be deemed to have forfeited any unused Service credits or referral credits.
SUSPENSION
We may suspend some or all of the Services or Sites without liability to you if: (i) you fail to cure any default within the cure period specified above; (ii) we determine that the Services or Sites are being used, have been used, or will, with commercially reasonable certainty, be used in breach of this Agreement; (iii) we reasonably believe that the Services or Sites have been accessed or utilized in any way by a third party without your consent; or (iv) suspension of Services or Sites is reasonably necessary to protect us or our products and services. We will use commercially reasonable efforts to provide you advance notice of a suspension and a chance to cure the violation on which the suspension is based, unless we determine, in our reasonable judgment, that an immediate suspension is necessary to protect our network and our customers from an imminent, significant operational, network integrity or security risk. Suspensions based on your breach of this Agreement will not relieve your obligation to pay for the suspended Services during the period of suspension. Any suspension imposed under this Section will be lifted upon your cure of the breach causing the suspension. In the event you are unable to cure the breach within fifteen (15) days of our notice, the suspension may be treated as a termination for cause. During the suspension period, we shall have the right to deny access to, and/or, destroy data stored on the compromised server or account. We may, in our sole discretion, allow access to a suspended account.
PRIVACY AND SECURITY
Your use of the Services and Sites is subject to the terms of our Privacy Policy, available at https://nuevavida.media/privacy-policy/. You acknowledge that you have read and understand the Privacy Policy, and you consent to the use of any personal information you provide in accordance with the terms of, and for the purpose set forth in, the Privacy Policy.
You are solely responsible for the security of online access to Services and Sites, including your account, and you must take precautions to protect the confidentiality of your password and other login information. You shall not share your password or login information with any other person or entity. You shall contact us immediately if you suspect unauthorized use of your password or login information or any other unauthorized activity on your account. You are and will be responsible for all activities conducted on and with the Services and Sites that make use of your account information, and for any charges or fees incurred by the use of that account information, including any use you may subsequently contend you did not authorize. We may justifiably assume that any communication or instructions received through any electronic systems and placed under your account or password were placed or authorized by you.
DISPUTE RESOLUTION – ARBITRATION; CLASS-ACTION WAIVER, AND JURY WAIVER
As an integrator any dispute must be based on the delivery of the product not the function of said product. Any dispute will be resolved by method of a 3rd party arbitrator paid by the one having the dispute.
By using the Services or Sites, you agree to the above arbitration terms. In doing so, YOU GIVE UP THE RIGHT TO GO TO COURT (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. You understand your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. The arbitrator can grant any relief that a court can, and decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce arbitration, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration provision is for any reason held to be unenforceable, any litigation against us may be commenced only in the federal or state courts located in Spartanburg County, South Carolina. You hereby irrevocably consent to the jurisdiction of those courts for such purposes. If any action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged or actual dispute, breach, default or misrepresentation in connection with any provision of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorney fees and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled.
GENERAL TERMS
You represent and warrant that you are not on the United States Department of Treasury, Office of Foreign Asset Controls list of Specially Designated National and Blocked Persons to whom we are legally prohibited to provide the Services and Sites. You may not use any Service or Site for the development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles, in a country listed in Country Groups D: 4 and D: 3, as set forth in Supplement No. 1 to the Part 740 of the United States Export Administration Regulations, nor may you provide administrative access to any Service to any person (including any natural person or government or private entity) that is located in or is a national of any country that is embargoed or highly restricted under United States export regulations. Neither party will use the other party’s name, logo or service marks, for any commercial purpose without the other party’s prior written consent. Notwithstanding the foregoing, you may use our name and logo to positively publicize that you use the Services and SItes, and we may include your name on our customer list, website, partner portal, and publications. You shall not assign, voluntarily or by operation of law, any of your rights or obligations under this Agreement without our prior written consent. This Agreement shall be binding on the parties and respective successors and assigns. Nothing in this Agreement creates, or will be deemed to create, third-party beneficiaries of or under this Agreement. Nothing contained in this Agreement shall be construed to create a partnership, agency, joint venture, or employer/employee relationship between the parties. Each party is responsible for the actions of, and its obligations to, its own personnel, contractors, and subcontractors. Neither party shall be liable, nor shall any credit allowance or other remedy be extended, for any failure of performance or equipment due to causes beyond such party’s reasonable control, and if we are unable to deliver any Service or Site as a result of such event, you shall not be obligated to pay us for the affected Service for so long as we are unable to deliver that Service. The failure by any party to this Agreement to insist upon strict performance of any provision of this Agreement will not constitute a waiver of that provision. All waivers must be in writing to be enforceable hereunder. Except as otherwise provided herein, any notice or other communication regarding this Agreement may be sent by U.S. mail (first-class, airmail or express mail), commercial courier, or electronic mail. Notices to us shall be sent to: Nueva Vida Media LLC P.O. Box 81 Greer, SC 29365, Attn: General Counsel, and notices to you will be sent to the contact information set forth in your Order, or at such other addresses as either party may designate in writing. If any provision of this Agreement is declared invalid, illegal or unenforceable under applicable law, that provision shall be ineffective only to the extent of such declaration and such declaration shall not affect the remaining provisions of this Agreement. The parties consent and agree that this Agreement and any Order may be entered into electronically by way of electronic signatures (for example, by electronically clicking a box confirming agreement or utilizing third party software such as DocuSign), and any such electronic signatures shall be binding. This Agreement, together with all Orders, embodies the entire agreement and understanding us and you with respect to the subject matter of this Agreement and supersedes all prior oral or written agreements and understandings relating to the subject matter of this Agreement. No statement, representation, warranty, covenant, or agreement of any kind not expressly set forth in this Agreement will affect, or be used to interpret, change or restrict, the express terms and provisions of this Agreement. Each party’s obligations under Section 7 (Warranties and Disclaimers), Section 8 (Indemnification), Section 9 (Limitation of Liability) and this Section 14 and shall survive the expiration or termination of this Agreement. This Agreement shall be governed by and interpreted according to the laws of the State of South Carolina (without regard to its conflict of law principles).
We operate on behalf of client in the ability to install and maintain the mobile app plugin to the WordPress site that will deploy a mobile app from the WordPress CMS.
Because the plugin in proprietary, the ability to download the APK for the appropriate operating system does not give rights to the code behind to the client. The APK will be provided to the client via the plugin interface, and is not open source.
The cost of the plugin is an annual fee and is separate from the fees charged by the operating system distributor, namely Apple Store and Google Play Store. It is the client’s responsibility to maintain any requirements with the distribution points of the application to include but not limited to development fees, deployment fees, application fees or costs.
Any late payment (10 days passed the due date) will incur a $45 recovery fee.
Refunds:
Refunds will not be offered for the price of the plugin once it is purchased. Regardless of lack of use or inability to develop application in timely fashion or prior to new year anniversary where the billing will renew.
Any cancelation of annual fees must be made in writing to support@ipoweredchurch.com or via support CMS site 30 days PRIOR to anniversary date. Any request less than 30 days will not be honored and no refunds given. This is done to maintain consistency and requirements of application with Google and Apple.
Delivery of Apps:
After payment you will automatically receive:
For Android: a link to a secure area to download the APK file (application file), images and screenshots for the client to upload.
For iOS: a link to a secure area to give us your iTunes Connect credentials so that we can publish the app to your account.
Each of these will be recorded in our Customer Management System for secure access by our team.
Google and Apple fees related to opening a developer account are sole responsibility of client.
Maintenance:
Updates to plugin are free however this does not nullify the annual costs of the plugin. It is solely clients responsibility to handle push notifications and updates to the application via the distribution points chosen.
A editor access user id will be provided to the client for the wordpress CMS that will handle the application deployment and look. This user access will solely be allowed to edit the application and send push notification to users of the app.
Indemnification:
It is agreed that we nor the 3rd party developer will be held responsible in case of:
Denial of Application acceptance from Apple and / or Google; Lower traffic; Decrease in turnover; Cost related to the application of advice; Or any other damages concerning the Customer or a third party resulting directly or indirectly from the service. The Customer undertakes to use the plugin service at his own risk and under his sole responsibility.
We and the 3rd party develop are indemnified from any penalties incurred for or by the application deployment. Any legal issues arising including breach of information is not the responsibility of us or the 3rd party developer.
We operate as a marketing agency for the client for LOCAL SEO. We make no warranty as to number of site visitors, financial gains, pageviews, form responses.
We will assist client who is 501C3 certified maximize their marketing dollars by helping them get grants from particular platforms which they can advertise on. We do not guarantee acceptance of those grant requests by the vendor.
LOCAL S.E.O will focus on a region no more than 50 miles from the client location. We submit on behalf of client to 120 search engines that support local SEO.
Social Media marketing services are also included which will require the client give Nueva Vida Media access to administer their pages and post on behalf of the client. Any posts will go through the vetting process by client, and any declines of the client will be removed and not replaced. We do not warrant any social media posts and the reach results. We are idemnified from fault of any negative results, feedback, critique, against the client due to a post approved by the client prior to posting.
Image License:
Client will retain limited license to images created and posted on behald of client in the act of this service by us. This limited license will be for 180 days. After 180 days these posts will be removed and licenses revoked.
We operator as liason and implementor of the streaming platform named Church Online Platform. We operate on behalf of client when contracted to use this free technology in their platform(s); to include website, mobile responsive website, mobile app, and CMS.
We assist the client acquiring the use of the Chuch Online Platform by using a client originated email.
We make no warranty of service and all support issues should be brought to the attention of the Church Online Platform via support.
Although we help implement the platform, it is the client’s responsibility to review their Terms and Conditions . We make no claim to agreement to their Terms and conditions on behalf of the client, however use of the platform and account sign up for client depicts agreement with the terms and conditions defined by the developers of the Church Online Platform.
These terms constitute Nueva Vida Media LLC service offering named iPowered Church; entire binding Terms of Service, and supersede any and all prior understanding, statements or representations, whether electronic, oral or written, regarding Nueva Vida Media LLC Services. You hereby agree that a printed version of these Terms of Service shall be admissible in judicial or administrative proceedings and is subject to the same conditions as other agreements, business documents or records originally generated, entered into, signed or maintained in printed form
Questions And Our Contact Information
Any questions or concerns should be addressed to our support team (support@ipoweredcurch.com) prior to agreeing to these terms and conditions and prior to agreeing to any service contract with Nueva Vida Media LLC.
