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Terms And ConditionsWhat we provide and you agree to, by using Church On The Cloud

Last updated:April 2017

Any further updates to these terms of service will be posted here. Customers will be notified by email of any update that meaningfully reduces their rights.

To use Church on the Cloud, you must agree to these Terms of Service. By signing up for The Service, you agree to be bound by these terms & conditions and acknowledge that any violation of the terms outlined below may result in the termination of your account.

Church on the Cloud is a product of Brandties (PTY) Ltd, a company registered in South Africa. Church on the Cloud is a web-based church member database tool, and is provided on an “as is” and “as available” basis.

Although the language in these Terms of Service is simple, the intentions are serious and this contract is considered to be a legal document under exclusive jurisdiction of South African courts.

Definitions we use in this document

  • “The Service” means our Church on the Cloud software, which is accessed and used through a password/PIN protected website.
  • “us”, “we” and “our” refer to Church on the Cloud.
  • “your Organisation” means a church or charity which has a Church on the Cloud account.
  • “you” means you, the person who accesses The Service or this website.

Access to an account

In order to apply to use The Service, you must submit your details through our Free Trial page.

We may create an account for you to access The Service, however we reserve the right, at our discretion, not to accept your application. Our refusal may be on technical grounds, because you or your Organisation has been previously banned by us from using The Service or for any other reason.

Should we accept your application to access The Service, we will confirm this by email, at which point a legally binding contract will be created between us and you; you must ensure that you are authorised to enter into this contract for and on behalf of your Organisation. These Terms of Service shall govern our agreement with you and your Organisation.

If at any time you need to update the details you provided us when applying to access The Service, you can do so through your Church On The Cloud account, within the Administrator section.

By accepting your application to access The Service, we grant you a non-exclusive, non-transferrable, automatically renewing monthly license to use The Service for you and your Organisation. This license is in accordance with these Terms of Service.

Your obligations to us

  • You must only access The Service by using a username/password or secure link/PIN which your Organisation authorises you to use.
  • You must not do anything which could reasonably be expected to damage, disable, overburden or materially impair The Service or our website, or which is likely to interfere with any third party’s use or enjoyment of The Service.
  • You must accept that all software available through The Service or used to create and operate The Service is property of us or our licensors. You will not question or dispute our ownership of the intellectual property of The Service.
  • You must only use The Service for a single charity or organisation. You and your Organisation are permitted to have multiple accounts for The Service for the purposes of administering multiple charities or organisations.

Paying for The Service

Full details of the subscription fees for the use of The Service are provided through the Church On The Cloud website. We reserve the right to vary these fees from time to time, at which time we will provide notice through the Church On The Cloud website. Prices quoted on our website are quoted in Rands.

We offer all customers a “free trial” of The Service, and there will be no charge for the use of The Service during any free trial period. Your Organisation is not entitled to benefit from more than one “free trial period”, and if we discover that your Organisation has requested an additional “free trial period”, they will become liable for payment of all fees and charges for use of The Service from the start of the additional “free trial period”.

Your subscription to The Service will be automatically renewed on the 1st of each month, and your Organisation will be billed in advance on a monthly basis. There will be no refunds for unused services or account downgrades.

Your Organisation’s subscription fee for using The Service is directly linked to the number of Contacts within your account’s Address Book module. The Service’s pricing structure is based on multiple tiers of usage, which are published through the Church On The Cloud website. The fee for using The Service will be based on your Organisation’s usage tier, and may vary month to month, depending on the number of Contacts within the Address Book module. You will be automatically billed, and fully liable for any charges according to your usage tier at the start of the month.

If you or your Organisation is based within the South Africa, payment for The Service will be by Direct Debit Order,

We shall be under no obligation to provide The Service to you and your Organisation if payment of the subscription fee is not made within a timely manner. If subscription fees become overdue, we reserve the right to suspend access to The Service until the balance is paid. In such cases, we may close your Organisation’s Church On The Cloud account permanently.

Changing your subscription

If at any time you wish to add or remove a module from your Organisation’s account, you can do so by contacting our support team. Removing a module from your Organisation’s account is subject to the same terms of notice as cancelling your subscription.

Cancelling your subscription

If you wish to cancel your subscription to The Service, you must provide 30 day notification. We will require verification of the cancellation by the contact with whom The Service was initially set up, or by another known contact within your Organisation.

If you or your Organisation fail to abide by these Terms of Service, we reserve the right to suspend access to The Service or permanently cancel the Church On The Cloud account. If we withdraw access to The Service due to a breach of these Terms of Service, no refund will be payable by us.

Privacy, data ownership and security

Please refer to our Privacy Policy for details on how we gather and use any data within The Service. By using this website and The Service, you fully agree to the terms as laid out in our Privacy Policy.

We strive to provide an incredibly secure and resilient service, however no service can ever be guaranteed to be 100% secure.

General terms

  • Your account information must be kept up to date at all times.
  • You are responsible for ensuring your and your Organisation’s login information is kept secure at all times. We will not be responsible for any loss or damage incurred through any such security lapse.
  • We do not guarantee that The Service will meet your requirements, be available 100% of the time or be bug free. We will do our best to keep disruptions to a minimum, but from time to time, it may be necessary to suspend The Service to carry out maintenance or support work.
  • We reserve the right to remove any information from The Service that we consider to be unlawful, offensive or that violates the intellectual property of a third party.
  • You and your Organisation may not use The Service to send unsolicited communication of any kind, including but not limited to emails and SMS.
  • We reserve the right to make changes to these Terms of Service at any time.

Limitation of liability

You use The Service entirely at your own risk. You understand and will not hold us responsible for any loss or damage incurred to you or your Organisation by using The Service. This includes, but is not limited to, loss of profits, goodwill, data or other intangible losses.

Where we are not legally entitled to exclude our liability, our total liability for any loss or damage relating to The Service shall not exceed an amount equal to the subscription fees which your Organisation has paid to us in the previous month.