Church Hub is sponsored by Guide One Insurance, and provided to you by WeKonnect USA, LLC (“WK”). Church Hub may only be used subject to the terms of this Agreement. Please review this Agreement carefully, as some clauses may limit or exclude your legal rights.
Acceptance of Terms
By clicking the Agree and Submit Application button:
Please note this Agreement is not accepted unless and until you receive confirmation from WK. At any time prior to our acceptance of your offer, WK may reject your offer for any reason without further notice to you.
In addition to the following terms, this Agreement includes the credit card payment pricing schedule published at http://churchhub.wekonnect.io/ (as varied from time to time), and the information contained in the signup form (including data you have entered), here incorporated by reference.
Upon our confirmation of acceptance, this Agreement forms a legally binding agreement between the Organization and WK, binding from the day that WK notifies you that it has accepted the Organization’s application (“Effective Date”).
IT IS AGREED
In this Agreement, unless the context requires otherwise:
Agreement means the agreement between WK and the Organisation, comprising this document, attached Schedule A, Application Form, Stripe Services Agreement, our privacy practices; and the credit card payment pricing schedule published at http://churchhub.wekonnect.io/ (as varied from time to time);
Application means the application, created by WK, which enables the Organization to invite its members to access the Church Hub services on a mobile phone, tablet or any other device in relation to which the Application can operate, subject to the User License Agreement.
Application Form means the webpages (whether wholly or partially completed) which include information about the Organization as entered at http://churchhub.wekonnect.io/signup/.
Church Hub Fees means the fees that relate to the Church Hub Services as specified in the Application Form accepted by WK, specifically including the License Fee and any applicable Transaction Fees.
Church Hub Services refers to the services which include the granting of access by WK to the Organization and the Members to download the Application (or a shortcut to the Application), on the terms and conditions set out in this Agreement, and includes the web-based promotion of the Church’s activities, Donation payment collection and other services as agreed between the parties and as set out at http://churchhub.wekonnect.io/ and labelled as Church Hub Services.
Donation means the payments made by Members to the Organization which are facilitated by WK as part of the Church Hub Services.
License Fee means the monthly fee payable for access to the Church Hub Services prior to processing any Donations.
Member means a person who has downloaded the Application (or a shortcut to the Application) with the express or implied consent of the Organization, and has entered into a User License Agreement.
Organization means the Organization named in the Application Form.
Payment System means the secure payment system by which Members make Donations to the Organization using the Application.
Receipt means a receipt for a Donation.
Stripe Services Agreement means our payment processor’s terms of service, being the Stripe Connected Account Agreement including the , as may be modified by Stripe from time to time.
Transaction Fees means the fees applicable to each Donation payment processed through the Church Hub Services, calculated at the rates specified in the accepted Application Form, as varied under clause 2. Transaction Fees may vary between different payment methods, and commonly include a flat flagfall charge plus a percentage of the total payment amount.
User License Agreement means the agreement to be entered into by the Member, (a copy of which is attached at Schedule A), which is agreed to by the Member before they use the Application and receive the Church Hub Services.
Website means http://churchhub.wekonnect.io/ and any other website owned and/or operated by WK.
This Agreement will apply from the Effective Date and continue until terminated by a party in accordance with clause 17.
WK may vary the terms of this Agreement at our discretion, providing reasonable notice on our website, notice through the Church Hub Application, or by direct notice to the Organisation, as we deem appropriate given the scope, nature and expected impact of the change to the terms.
Subject to the terms of this Agreement, WK will provide the Church Hub Services as specified in the accepted Application Form.
The Organization will, in consideration of WK’s provision of the Church Hub Services to it under this Agreement, pay to WK the Church Hub Fees.
With the exception of the first payment (which includes setup fees) which is due and payable on the Effective Date, the Church Hub Fees become due and payable monthly from the Effective Date, and will include:
Method of Payment
The Organisation authorises WK to automatically deduct the outstanding Church Hub Fees from their nominated credit card each month for the duration of this Agreement. Payments are typically processed on the same day as the Effective Date (or the next business day) of each month.
If an automatic deduction as described above is unsuccessful:
Church Hub uses a third party payment processor to facilitate the secure payment of Donations and Church Hub Fees.
Currently, payment processing services for Church Hub are provided by Stripe, and are subject to the Stripe Services Agreement, incorporated by reference in this Agreement.
As a condition of Church Hub enabling Donations and other payment processing services through Stripe, you must provide WK with accurate and complete information about you and your business, and you authorise Church Hub to share that information and any transaction information related to your use of the payment processing services provided by Stripe.
WK reserves the right to replace Stripe with any other suitably secure and reliable third party payment processor at any time
Members may use the Church Hub Application to make Donations to the Organisation. WK will, subject to the Member providing accurate contact information in connection with the Donation:
WK is not responsible for any reversed transactions or refunds to Members.
If a Member advises WK that a Donation has been made to the Organization in error (including any mistake, fraudulent use, or duplicate transaction), WK will notify the Organization. It is the sole responsibility of the Organization to resolve and refund any such errors, whether through the functionality of Church Hub or by other means.
For the term of this Agreement, the Organization must:
By entering this Agreement, the Organisation is considered to be an affiliated nonprofit of the GuideOne Affinity Connections program. The Organisation grants GuideOne a license to use its name (and any associated trade mark and branding rights) to offer affinity auto insurance discounts to any potential policyholder who is a member or supporter of the Organisation.
License to WK:
The Organization grants to WK a non-exclusive license to use the Organization’s name, logos and trade marks in connection with the Website and the provision of Services. This license will automatically terminate upon the expiry or termination of this Agreement.
The Organization grants to WK a non-exclusive license to use, reproduce, adapt and communicate information provided by the Organization for the purpose of inclusion on the Website, and the provision of the Church Hub Services, marketing purposes, or internal use by WK. This license will terminate 30 days after receiving written notice from the Organization notifying WK that it wishes to terminate this license. To avoid doubt, subject to such notice, this license will not automatically end upon expiry or termination of this Agreement.
License to the Organization
Subject to obtaining WK’s prior written consent to the particular use, WK grants to the Organization a non-exclusive license to use WK’s trademark in connection with the Organization’s promotion of a particular: fundraising or non-fundraising activity; or method of donating to the Organization.
WK grants to the Organization a non-exclusive license to use and to enable Members to use the Application and the Website, on the terms set out in this Agreement. The license granted in sub-clause 7(a) will automatically terminate upon the expiry or termination of this Agreement.
WK will use reasonable endeavours to consult with the Organization prior to removing all or any part of the content on Church Hub, the Application or Website but nonetheless WK reserves the right to remove any such content without consultation if WK, in its absolute discretion, considers that the content is:
and it is not reasonable or practical in the circumstances to consult with the relevant party in a timely manner prior to removal.
WK warrants that it has:
The Organization warrants that:
The Organization will indemnify and keep WK & GuideOne indemnified against all claims, costs, expenses, damages, liability or loss arising in relation to:
The liability of WK for a breach of this Agreement, statutory cause of action, common law or tort (including negligence) in any way is limited as follows:
GuideOne shall not be liable for any loss, and through signing this agreement, you agree that they are not subject to any suit and you release them from any liability.
Each party agrees with each other party that all information in relation to the other party’s business including, without limitation, any trade secrets, operations know-how, or any information concerning the Organization, management and finance of the other party or in relation to WK or the Organization which is exchanged between them under this Agreement or acquired during the negotiations prior to execution of this Agreement is confidential and shall not be disclosed, shared or otherwise placed at the disposal of any person not being a party to this document except:
The provisions of this clause 15 continue in full force and effect for a period of 3 years after the termination of this Agreement.
WK will take reasonable steps to protect personal information from any unauthorised use, access, or disclosure or any other misuse.
Basis of Termination
A party may terminate this Agreement for any reason by giving the other party 30 days’ written notice.
A party may immediately terminate this Agreement:
WK may immediately terminate this Agreement if the Organization engages in conduct that WK, in its absolute discretion, considers is harmful to WK’s reputation.
The Organization may immediately terminate this Agreement if WK engages in conduct that the Organization, in its absolute discretion, considers is harmful to the Organization’s reputation.
Consequences of Termination
Within 30 days after termination of this Agreement, WK will cease processing Donations; and remove the Organization’s and the Members’ access to the Website and the Application.
The Organisation is responsible for its own backup processes. WK reserves the right to delete or store information for backup and archival purposes continuing after termination of this Agreement, but does not guarantee or represent that any such information will be available or accessible to the Organisation.
In case either of the parties is totally or partially unable to fulfil one or more of the contract obligations as a result of acts or occurrences beyond the control, though partial, of the party involved such as, but not limited to, actions, omissions, impositions by local federal or national government authorities, fire, flood, earthquake and other natural disasters, Acts of God, war, revolution, strike, fuel shortages, shortage of raw materials, the party involved will be totally or partially relieved from fulfilling its contract obligations during the period of those acts or occurrences, provided that the party involved notifies the other party of the circumstances as soon as reasonably possible.
This Agreement will not be deemed to create a partnership, joint venture or agency relationship of any kind between the parties.
A party will have no right or authority expressed or implied to bind the other party to any other Agreement, obligation or undertaking.
WK may make modifications, alterations, changes or variations of any term or condition of this Agreement, by notifying the Organization in writing of the details of the amendment or modification. Any modification or change to the Agreement will take effect after a period of 14 days has elapsed from the date when the Organization is notified of the modification or change. The Organization may not make any changes or modifications to any term or condition of this Agreement without WK’s prior written consent.
The provisions of this Agreement will be deemed to be severable and any invalidity of any provision of this Agreement will not affect the validity of the remaining provisions of this Agreement.
This Agreement constitutes the entire Agreement between the parties and there are no other oral undertakings, warranties or agreements between the parties relating to the subject matter of this document.
Form of Notice
Any notice or communication required or permitted to be made or given by the parties under this Agreement must be sent in writing to the addresses set out below for the parties or to such other addresses as may be given by written notice in accordance with this clause.
In the case of WK:
Address: P.O. Box 944, Franklin, TN 37065
In the case of the Organization:
The details provided to WK as part of the initial online setup.
Effect of Notice
A notice, approval, consent or other communication takes effect from the time it is received unless a later time is specified in it.
Notices sent by post
If addressed by post, a letter is taken to be received:
An email is taken to be received at the time shown in a delivery confirmation report generated by the sender’s email system.
This Agreement is governed by and is to be construed in accordance with the laws in force in the State of Tennessee, USA. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Williamson County, Tennessee and any courts, which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those Courts.
End User Terms
(i) defame, abuse, harass, stalk, threaten or otherwise cause offence to any person;
(ii) communicate, publish or distribute any material that is unlawful, obscene, indecent, inappropriate, offensive or defamatory;
(iii) scrape, index, copy or republish any content on Church Hub;
(v) distribute any content in violation of any third party intellectual property rights;
(vi) distribute or link to any malware, virus or computer program with the effect of disrupting or damaging any system, or bypassing any security measure;
(vii) breach any publicity, privacy or other civil right of any third party; or
(viii) breach any applicable law or regulation.