Terms and Conditions

1. Introduction
Welcome to FaithPays! This website is operated by FaithPays. We build and provide solutions for individuals, ministries and organizations to assist and help increase giving and engagement. The terms “we”, “us”, and “our” refer to FaithPays. The use of our website, application and services is subject to the following terms and conditions of use, as amended from time to time (the “Terms”). The Terms are to be read together by you with any terms, conditions or disclaimers provided in the pages of our website. We refer to all products and services we offer from time to time as “Services.” Please review the Terms carefully. The Terms apply to all users of our website, application and services, including without limitation, users who are browsers, customers, administrators and developers. If you access and use this website, you accept and agree to be bound by and comply with the Terms and our Privacy Policy. If you do not agree to the Terms or our Privacy Policy, you are not authorized to access our website, application or use any of our services.
2. Services
Our Services include:
a. Online Giving and Payment Processing Platform including Text Giving, that enables Text-to-Give functionality; More information here.
b. Donor Development: More information here.
c. Church Mobile App: More information here.
d. Church Management System: More information here.
e. Web Development and Design: More information here.
f. Accounting Solution: More information here. We reserve the right to upgrade, maintain, tune, backup, amend, add to or remove items from, redesign, improve or otherwise alter our Services at our sole and absolute discretion.
3. General Conditions
You agree to use our website, application and services for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract.
3.1 Account Registration

To use the Services or certain features included in the Services, you must register or create a User account, providing all required data or information in a complete and truthful manner. Failure to do so will cause unavailability of the Service. You are responsible for keeping your login credentials confidential and safe. For this reason, you are also required to choose passwords that meet the highest standards of strength permitted by this website and application. By registering, you agree to be fully responsible for all activities that occur under your username and password. You are required to immediately and unambiguously inform FaithPays via the contact details indicated in this document, if you think your personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

3.2 Account Termination

The Services are provided on a month-to-month basis unless otherwise agreed in writing. You can terminate your account and stop using the Services at any time upon 30 days’ prior written notice to FaithPays at the contact details provided in this document. FaithPays reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts and customer content uploaded to the services which it deems inappropriate, offensive or in violation of these Terms. The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices. You will be responsible for any and all charge backs, refunds, and any other fees associated with payment processing services following termination.

3.2 Account Termination

The Services are provided on a month-to-month basis unless otherwise agreed in writing. You can terminate your account and stop using the Services at any time upon 30 days’ prior written notice to FaithPays at the contact details provided in this document. FaithPays reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts and customer content uploaded to the services which it deems inappropriate, offensive or in violation of these Terms. The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices. You will be responsible for any and all charge backs, refunds, and any other fees associated with payment processing services following termination.

3.3 Notification Policy

FAITHPAYS NOTIFICATION: For requests for change of Services under this Agreement, including cancellations, or to provide notice of other changes impacting your Account please use your Customer Account login or Organization Administrator login to communicate directly to FaithPays. CUSTOMER NOTIFICATION: For service change notifications, we will communicate via your login area and/or directly to your Customer or Organization Administrator email address or the phone number as provided to us.

3.4 Pricing, Payments and Renewals Policy

By using the Services, you agree to pay all relevant Service Fees. Service Fees payable for use of any Services are as described on the Website (unless otherwise agreed in writing) and may be updated from time to time. All pricing is specified on a monthly basis and in CANADIAN Dollars (unless otherwise specified). Services will automatically renew at the end of each subscription period, unless you cancel the Services through your Account before the end of the current subscription period. You agree to pay all Service Fees and any other charges incurred by you or any users of your Account and your credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred on or before the due date. You agree that you will only use credit cards belonging to you or for which you are expressly authorized to use. to us.
Please note: Hosting price is ONLY for FaithPays monthly clients

3.5 Acceptable use

This Website, Application and the Services may only be used within the scope of what they are provided for, under these Terms and applicable law. Users are solely responsible for making sure that their use of this Website, Application and/or the Services violate no applicable law, regulations or third-party rights. Customers are responsible for ensuring that Organization Administrators and Authorized Users and any other Users of the Services also comply with Acceptable Use Policy. Therefore, FaithPays reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Website, Application or the Services, terminating contracts, reporting any misconduct performed through this Website, Application or the Services to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:
1. Violate laws, regulations and/or these Terms
2. Infringe any third-party rights;
3. considerably impair the FaithPays’ legitimate interests;
4. offend FaithPays or any third party

3.6 Intellectual Property Rights

Reservation of Rights. Subject to the limited rights expressly granted here under, FaithPays reserves all rights, title and interest in and to the Services and content, including all related intellectual property rights. No rights are granted to you here under other than as expressly set forth in this document. Access to and Use of Content. Customers have the right to access and use applicable Content subject to this Agreement. None shall, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from FaithPays, or use the Website, Application or the Services in a way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the Website, Application or the Services. Any feedback, answers, questions, comments, suggestions, ideas or the like which you send to FaithPays relating to the Services will be treated as being non-confidential and non-proprietary. FaithPays may use, disclose or publish any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever. License to FaithPays. You grant to us 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:
1. 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
2. Make archival or back-up copies of the Customer Content and Customer websites.

Except for the rights expressly granted above, we are not acquiring any right, title or interest in or to the Customer Content, all of which shall remain solely with the Customer. Use of data: We reserve the right to use all data collected, processed or derived by us in relation to the Services, including de-identified Customer Content, for the purpose of industry trend and best practices reporting, statistical analysis and research and research relating to the development or improvement of any of our services or products. We will not publish or disclose statistical findings of individual Customer or Donor activity.

4. Customer Responsibilities
4.1 Responsibilities of Customers and Organization Administrators

Customers who use FaithPays website, application and services must comply with the following:
1. You will administer and be responsible for access to the Services (including in particular granting rights to Organization Administrator(s) or Authorized User(s)) Note: Any person with access to your Account, or accessing the Account as Organization Administrator(s) or Authorized User(s), may be able to alter settings including bank details. You must exercise special care to properly manage that access, to prevent fraud or other unauthorized access or use.
2. You are responsible for ensuring that all Organization Administrators and Authorized Users comply with these Terms and our Privacy Policy. You further represent and warrant that you are responsible for your conduct as well as the conduct of Organization Administrators and Authorized Users while using the Services.
3. You are responsible for the security of your Account. You must maintain and observe all reasonable security measures to protect your electronic systems from unauthorized control, tampering, or other unauthorized access.
4. You must keep all passwords confidential and ensure you comply with strong password requirements. You should not share or otherwise disclose your password to any third party. You are responsible for ensuring that Organization Administrator(s) and Authorized User(s) also maintain the confidentiality of their passwords and meet strong password requirements.
5. You will use Services only for your legitimate business purposes and not for any family, household or personal use and will comply with all applicable laws, rules, and regulations including laws regarding privacy and protection of consumer data.

Organization Administrators who use FaithPays website, application and services must comply with the following:
1. Delays resulting from FaithPays applying holds, limits or reviews or relating to the time it may take for a transaction to be completed;
2.You will follow the instruction of the Customer and comply with all policies and practices of the Customer and FaithPays that are relevant to the use of the Services, including these Terms.
3. You shall provide us with all necessary rights, permissions and/or consents necessary to grant us the rights and licenses in these Terms, and all rights, permissions and/or consents necessary for the lawful use and transmission of personal information and data that is required for the use and operation of the Services.
4. You shall(a) ensure that Authorized Users understand and comply with all policies and practices of Customer and FaithPays that are relevant to their use of the Services;(b) ensure that the Authorized Users understand and comply with these Terms and our Privacy Policy; (c) obtain all rights, permissions and/or consents from Authorized Users that are necessary to grant us the rights and licenses in these Terms; and (d) obtain all rights, permissions and/or consents from Authorized Users for the lawful use and transmission of their personal information and data that is required for their use and operation of the Services. Organization Administrators shall cooperate with FaithPays in ensuring that they, Customer, and Authorized Users comply with these Terms.
5. You are responsible for the security of access to the Account.
6. You must keep all passwords confidential and ensure you comply with strong password requirements.

You should not share or otherwise disclose your password to any third party. If you think that your Account or log-in credentials may have been compromised at any time, please notify us immediately at support@faithpays.org

4.2 Customer Content

Some of the Services allow the Customer (or its Organization Administrators or Authorized Users) to enter data into the Services. This may include information related to third party individuals – for example, the names and addresses and other information relating to the Customer's members, and any donations from those members (“Customer Content”). Customer shall bear all responsibility for Customer Content. You will be responsible for the accuracy, quality and legality of all your Customer Content, the means by which you acquired Customer Content, your use of Customer Content with the Services, and the interoperation of any non-FaithPays applications you use in conjunction with the Services or Customer Content. You hereby represent and warrant to FaithPays, and agree that during the Term, you will ensure that:
You are the owner or valid licensee of the Customer Content and each element thereof, and you have secured all necessary licenses, consents, permissions, waivers and releases for the use of the Customer Content and each element thereof, including without limitation, all trademarks, logos, names and likenesses contained therein, without any obligation by FaithPays to pay any fees, residuals, guild payments or other compensation of any kind.
2. Your use, publication and display of the Customer Content will not infringe any copyright, patent, trademark, trade secret or other proprietary or intellectual property right of any person, or constitute a defamation, invasion of privacy or violation of any right of publicity or any other right of any person, including, without limitation, any contractual, statutory or common law right or any “moral right” or similar right however denominated;
4. You will comply with all applicable laws, rules and regulations regarding the Customer Content and will use the Customer Content only for lawful purposes; and
5. You have used your best efforts to ensure that Customer Content is, and will at all times remain, free of all computer viruses, worms, and other malicious code.

5. Privacy Policy and Data Protection

Please see our Privacy Policy to learn about how we collect, use, and share your personal information.

6. Links to Third-Party Websites

Links from or to websites outside our website are meant for convenience only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to our website, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.

7. Errors and Omissions

Please note that our website and application may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law. We do not undertake to update, modify or clarify information on our website and application, except as required by law.

8. Disclaimer and Limitation of Liability

You assume all responsibility and risk with respect to your use of our website and application, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via our website, including without limitation, all content and materials, and functions and services provided on our website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that our website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our websites or the servers that make our website available are free of viruses or other harmful components. The use of our website is at your sole risk and you assume full responsibility for any costs associated with your use of our website. We will not be liable for any damages of any kind related to the use of our website. In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our website or the content or material or functionality through our website, even if we are advised of the possibility of such damages. Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.

9. Indemnification

You agree to defend and indemnify us, and hold us and our affiliates harmless, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our website, application or our services, your violation of the Terms, or the posting or transmission of any materials on or through the website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.

10. Entire Agreement

The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.

11. Waiver

Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.

12. Headings

Any headings and titles herein are for convenience only.

13. Severability

If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.

14. Governing Law

Any disputes arising out of or relating to the Terms, the Privacy Policy, use of our website, application or our services will be resolved in accordance with the laws of the Province of Manitoba without regard to its conflict of law rules. Any disputes, actions or proceedings relating to the Terms or your access to or use of our website, application or our services must be brought before the courts of the Province of Manitoba in the City of Winnipeg. The Province of Manitoba and you irrevocably consent to the exclusive jurisdiction and venue of such courts.

15. Questions or Concerns

Please send all questions, comments and feedback to us at info@faithpays.org