Please read the following Terms of Service carefully. By browsing, using, or placing New Service Request via e-mail, telephone, or online via the website, you agree to these Terms of Service available herein or at http://www.getchurchwebsite.com/terms
This Service Agreement (“Agreement”) is between ADACHI COMPUTECH SOLUTIONS, LLC (“ACS”, “GetChurchWebsite”) with a principal business address at 76 Clifton St., Edison, New Jersey 08817 and the customer (You, Customer, Your), the individual or single entity ordering GetChurchWebsite Services (“Services”) via Adachi Computech Solutions customer service call center or online (“GetChurchWebsite.com”). This Agreement governs the customer’s purchase and use of GetChurchWebsite Services ordered by the customer during the Registration Process.
a. You agree that you are a legal license holder of the software on your personal computer and your use of the Services and the internet is solely at your own risk. To receive the Services, you must confirm that you have admin or full access to your hardware and Supported programs that are the basis of the problem, and have completed a backup of any software or data that may be impacted by the Services. All information that you provide to Adachi Computech Solutions must be accurate, including your name, address, credit or charge card numbers, expiration dates or any other payment information as required by GetChurchWebsite.com. You further represent that you authorize Adachi Computech Solutions to bill the charges to the credit card that you provide to Adachi Computech Solutions, for any charges to which you consent. Delays in Client’s performance of its obligations under this Agreement will extend the time for Adachi Computech Solutions’ performance of its obligations that depend on Client’s performance on a day for day basis.
b. You will notify Adachi Computech Solutions of any change in your mailing address, telephone, e-mail or other contact information.
c. Customer assumes full responsibility for providing End Users with any required disclosure or explanation of the various features of the Customer Web site and any goods or services described therein, as well as any rules, terms of service or conditions of use.
d. Customer will provide Adachi Computech Solutions with one or more registered domain name(s) for the Customer Web site, or, upon Customer’s request, Adachi Computech Solutions will register an Internet domain name on behalf of Customer. This domain name is the property of the customer, and Adachi Computech Solutions makes no warranty or claims of ownership or responsibility over the domain name itself. It is the responsibility of the Customer to maintain knowledge of ownership and account status for the Customer’s domain name. The Customer should make arrangements to ensure uninterrupted ownership and service from the domain name. In the event that a Customer’s domain name lapses and is unavailable for renewal by the Customer, Adachi Computech Solutions is hereby released and indemnified from all liabilities or responsibilities to the Customer for loss of use, loss of business, or general injury. The Customer hereby releases Adachi Computech Solutions of any responsibility over the Customer’s domain name(s).
e. Because the Hosting Services permit Customer to electronically transmit or upload content directly to the Customer Web site, Customer shall be fully responsible for uploading all content to the Customer Web site and supplementing, modifying and updating the Customer Web site. Customer is also responsible for ensuring that the Customer Content and all aspects of the Customer Web site are compatible with the hardware and software used by Adachi Computech Solutions to provide the Hosting Services, as the same may be changed by Adachi Computech Solutions from time to time. Specifications for the hardware and software used by Adachi Computech Solutions to provide the Hosting Services will be available on Adachi Computech Solutions’ Web site. When in doubt as to the compatibility of content, files or software, the Customer agrees to contact Adachi Computech Solutions before placing such files or materials on Adachi Computech Solutions servers. Adachi Computech Solutions shall not be responsible for any damages to the Customer Content, the Customer Web site or other damages or any malfunctions or service interruptions caused by any failure of the Customer Content or any aspect of the Customer Web site to be compatible with the hardware and software used by Adachi Computech Solutions to provide the Hosting Services. Customer may terminate this agreement within 30 days of any change to the Acceptable Use Policy without incurring a termination fee.
f. Unless the applicable Service Description provides otherwise, Customer is solely responsible for making back-up copies of the Customer Web site and Customer Content. If the Customer requires files to be restored from Adachi Computech Solutions backup copies, the Customer agrees to pay a minimum service charge equal to one (1) hour of labor for such services.
In no event shall Adachi Computech Solutions be liable for special, incidental, or consequential damages, including, but not limited to loss of profits, revenue, data, or loss of use by client or any third party, regardless of whether a claim or action is asserted in contract or tort, and whether or not the possibility of such damages has been disclosed to Adachi Computech Solutions in advance or could have been reasonably foreseen by Adachi Computech Solutions. In the event Adachi Computech Solutions breaches any of these terms of service, or otherwise is in default of or violates any of the terms of this Agreement, the sole remedy of client shall be to recover the actual amount paid to Adachi Computech Solutions regarding the incident in question.
The Service, Ordering, and Acceptance
GetChurchWebsite services include but are not limited to website designing for Churches, ministries, non-profit organizations, domain registrations, web hosting, search marketing, digital content marketing, social media marketing, and more.
a. When Accepted by Adachi Computech Solutions, the Order submitted by Customer creates a contract between Customer and Adachi Computech Solutions, consisting of the Order, the applicable Service Description and these Terms of Service. An Order is “Accepted” by Adachi Computech Solutions when (i) with respect to Orders submitted online, Adachi Computech Solutions provides Services in response to the Order or bills Customer for payment and (ii) with respect to Orders reduced to writing and signed on an approved Adachi Computech Solutions form, when an authorized representative of Adachi Computech Solutions executes such form after it is signed by customer and delivered to Adachi Computech Solutions.
b. Adachi Computech Solutions will provide, and Customer will purchase and pay for, the Services specified in the Order for the service fees specified in the Order and the applicable Service Description (the “Service Fees”).
c. In connection with any Hosting Services, Customer will not use storage space in excess of the storage limits established for the Services in the Service Descriptions, plus any storage space purchased by Customer. If Customer uses storage space in excess of such amounts, Adachi Computech Solutions may, without limiting its other rights or remedies, assess Customer with additional fees as specified in the Service Description. In connection with any Hosting Services, if Customer’s actual bandwidth usage in any month exceeds the limit in the Service Description, Customer will pay Adachi Computech Solutions such additional fees as may be specified in the Service Description.
Pricing and Fee Structure
Adachi Computech Solutions fees and charges for the Services you request are disclosed to you during the ordering process and are available on the GetChurchWebsite.com website unless otherwise provided for in this Agreement.
Payment for the Services
You agree to pay Adachi Computech Solutions the charges applicable to the Services you request, as well as any applicable taxes and other charges, including but not limited to activation fees, minimum service fees, prorated minutes, no-show fees, fail to cancel fees, termination fees, set-up fees and other nonrecurring charges. You also agree to pay any additional charges or fees applied to your billing account for any reason, including but not limited to, interest, and charges due to insufficient credit or insufficient funds. Set up fees, activation fees, installation fees and other non-recurring fees, if applicable, shall be included in your first bill. Monthly recurring charges (subscription plans) shall be billed one month in advance; usage charges, if applicable, shall be billed in arrears, and pre-purchase plans shall be billed in advance, if applicable. Adachi Computech Solutions or its agents shall bill you directly, or charge your credit card, as you have requested and as approved by Adachi Computech Solutions. Adachi Computech Solutions does not accept debit cards as payment for any services.
You agree to provide and maintain a valid credit card or debit card on file with Adachi Computech Solutions to purchase services. If You select a monthly payment plan, You will be billed in advance each month on the date You purchased service for the next month’s service. You agree to keep a valid credit or debit card on file in the Adachi Computech Solutions website throughout the term of this Agreement.
In connection with any Optional Services:
a. Customer must provide Adachi Computech Solutions with any information, login identifications, passwords or other information or access to facilities that Adachi Computech Solutions may reasonably require to provide the Optional Services Adachi Computech Solutions will have no responsibility for any delays or increased costs or expenses associated with Customer’s failure to provide any of such information. If Customer does not provide any such information or access requested by Adachi Computech Solutions within fifteen (15) days of Adachi Computech Solutions’ request therefore, Adachi Computech Solutions may terminate the Order and retain any Service Fees paid.
b. If Customer requested that Adachi Computech Solutions perform the Optional Services by a particular deadline or that Adachi Computech Solutions achieve some particular result or outcome, Adachi Computech Solutions will use commercially reasonable best efforts to perform the Services by any such deadline and achieve the result requested by Customer; provided, however, that (i) Adachi Computech Solutions’ ability to perform the Services is subject to Customer’s provision of information and access as provided above and (ii) Adachi Computech Solutions has no liability or obligation to complete the Services by any deadline or achieve any particular outcome or result.
c. If Customer wishes to convey documents or files to Adachi Computech Solutions, Customer should deliver to Adachi Computech Solutions a copy or duplicate of such documents or files and not the original copy. Adachi Computech Solutions will not return to Customer any documents or files conveyed to Adachi Computech Solutions.
d. Adachi Computech Solutions will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Adachi Computech Solutions’ provision of Optional Services requested by Customer.
Term and Termination
Hosting Services will commence on the Effective Date indicated in the Order and continue for the duration of the Initial Term. Thereafter, the Order will automatically renew for successive annual periods unless the Order is earlier terminated in accordance with its terms or either party gives written notice to the other party of non-renewal at least 30 days prior to expiration of the then-current term.
a. Either party may terminate this Agreement immediately upon the occurrence of any one or more of the following events: (i) the other party fails to pay when due any amounts required to be paid under this Agreement; (ii) the other party breaches any material term or provision of this Agreement (other than a breach described in subsection (i) above), and if capable of cure, such breach remains uncured 30 days after the non-breaching party gives written notice thereof to the breaching party; or (iii) the other party becomes insolvent, makes an assignment for the benefit of its creditors, institutes or becomes subject to any proceeding under any bankruptcy or similar laws for the relief of debtors, or seeks the appointment of, or becomes subject to the appointment of, any trustee or receiver for all or any portion of such party’s assets.
b. Adachi Computech Solutions may terminate this Agreement (i) if the Services are prohibited by applicable law, or become impractical or unfeasible for any technical, legal or regulatory reason, by giving Customer as much prior notice as reasonably practicable or (ii) immediately by giving written notice to Customer, if Adachi Computech Solutions determines in good faith that Customer’s use of the Customer Web site or the Customer Content violates the Acceptable Use Policy.
c. Upon termination of this Agreement for any cause or reason whatsoever, neither party shall have any further rights or obligations under this Agreement, except as expressly set forth herein. This Agreement shall survive the expiration or termination of this Agreement for any cause or reason whatsoever, and, notwithstanding the expiration or termination of this Agreement, the parties shall each remain liable to the other for any indebtedness or other liability theretofore arising under this Agreement. Termination of this Agreement and retention of pre-paid fees and charges shall be in addition to, and not be in lieu of, any other legal or equitable rights or remedies to which Adachi Computech Solutions may be entitled.
d. With respect to Prepaid Plans, Adachi Computech Solutions shall not refund any hosting fees.
Adachi Computech Solutions Intellectual Property
Adachi Computech Solutions hereby grants to Customer a non-exclusive, non-transferable, royalty-free license, exercisable solely during the term of this Agreement, to use applicable Adachi Computech Solutions Technology solely for the purpose of accessing and using the Services with respect to Customer Web site. Customer may not use the Adachi Computech Solutions technology for any purpose other than accessing and using the Services with respect to Customer Web site. You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Adachi Computech Solutions agrees to license usage of its proprietary CMS software to Customer to be used on the Customer web site. Except as expressly authorized by Adachi Computech Solutions, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such CMS software, materials, or content. Customer agrees that upon termination it will cease to use the Adachi Computech Solutions CMS software.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials, CMS software, or design elements on this site is strictly prohibited without the express written permission of Adachi Computech Solutions. For information on requesting such permission, please contact us at firstname.lastname@example.org.
Third Party References / Hyperlinks
This site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Adachi Computech Solutions, and you acknowledge that Adachi Computech Solutions is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by or any association with its operators.
Disclaimer Of Warranties
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ADACHI COMPUTECH SOLUTIONS AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
License to Adachi Computech Solutions
Customer hereby grants to Adachi Computech Solutions a non-exclusive, royalty-free, worldwide right and license during the Term to do the following to the extent necessary in the performance of Services under the Order: (a) digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink the Customer Content; and (b) make archival or back-up copies of the Customer Content and the Customer Web site. Except for the rights expressly granted above, Adachi Computech Solutions is not acquiring any right, title or interest in or to the Customer Content, all of which shall remain solely with Customer.
Upon a request by Adachi Computech Solutions, you agree to defend, indemnify, and hold Adachi Computech Solutions and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of this site.
Severability And Integration
This Agreement shall be construed in accordance with the laws of the State of New Jersey.