ChurchPad.com
Subscriber Application and Service Agreement
to become a ChurchPad "Partner"


Please fill in all applicable areas then click the Submit button at the end of the form. An asterisk * indicates required information.



SUBSCRIBER INFORMATION (FOR CHURCHPAD "PARTNERSHIP")


Church, Organization, or Individual Name *
  



Classification
  



Physical Address *
  

City *
  

State *
  

Zip *


Mailing Address *          

   

  


City *

  


State *

  


Zip *


Telephone # *
 

Fax #

Contact Name *

E-mail Address
  

Web Site Address (if any)


  * REQUIRED DATA: Data use(s) are listed below in the Subscriber Service Agreement.




BILLING INFORMATION (FOR CHURCHPAD "PARTNERSHIP")


Same as above
 
Name of Church, Organization, or Individual that will be responsible for billing *  
  

Billing Address *  
  

City *  
  

State *  
  

Zip Code *

Contact Telephone # *  
  

Contact Name *
  

 
Type of ChurchPad Partnership Desired *
  Silver - $15/month (only one calendar - all other features are identical to Gold Partnership)
  Gold - $25/month (two calendars)
  Platinum - $30/month (one calendar plus domain name)





CHURCHPAD "PARTNERSHIP" APPLICATION AND SERVICE AGREEMENT


This Agreement is entered into between WebGraffix and the entity first set forth herein ("Partner").
The parties agree as follows:

  1. SERVICE. WEBGRAFFIX INTERNET DESIGN AND CONSULTING provides a web site that will allow users ("Partners") to post, edit, and publish limited information for public viewing ("Services). Partner hereby subscribes to Services for use in a manner consistent with the ideas, morals, and character embraced by the Christian community. Partner hereby subscribes to the Services and agrees to pay to WEBGRAFFIX INTERNET DESIGN AND CONSULTING the applicable rates and charges set forth herein.

  2. PERFORMANCE.WEBGRAFFIX INTERNET DESIGN AND CONSULTING will use reasonable efforts to deliver Services requested by Subscriber and to maintain the associated web site (www.churchpad.com) accessible and in good working condition. Subscriber understands that in the event that there are factors beyond the control of WEBGRAFFIX INTERNET DESIGN AND CONSULTING, that WEBGRAFFIX INTERNET DESIGN AND CONSULTING will attempt to correct the condition ASAP, but that WEBGRAFFIX INTERNET DESIGN AND CONSULTING will bear no responsibility in such case.

  3. CHARGES TO SUBSCRIBER. Subscriber agrees to pay to WEBGRAFFIX INTERNET DESIGN AND CONSULTING the applicable charge for the type of Partnership requested by the Subscriber as posted at www.churchpad.com, in addition to the fees listed in Item 5 below. All current and future WEBGRAFFIX INTERNET DESIGN AND CONSULTING pricing documents related to ChurchPad.com partnerships are deemed incorporated herein.

  4. SUBSCRIBER USE LIMITATIONS. Subscriber acknowledges that WEBGRAFFIX INTERNET DESIGN AND CONSULTING retains all right, title and interest under applicable contractual, copyright and related laws in the web site, database and materials contained therein used to provide Services hereunder, and Subscriber shall use such materials consistent with such right, title and interest and notify WEBGRAFFIX INTERNET DESIGN AND CONSULTING of any threatened or actual infringement thereof.

  5. PAYMENT OF FEES. Subscriber shall pay WEBGRAFFIX INTERNET DESIGN AND CONSULTING a monthly service charge in accordance with the type of account requested (Silver or Gold). A Silver account (or Partnership), obligates the Subscriber to a charge of $15.00/month, whereby a Gold account (or Partnership), obligates the Subscriber to a charge of $25/month. In the event that a Subscriber desires to purchase a domain name through WEBGRAFFIX INTERNET DESIGN AND CONSULTING and use the ChurchPad.com services as part of the site associated with the domain name purchased by the Subscriber, the Subscriber will be obligated to a charge of $30.00/month. These charges are applicable for each Subscriber account, regardless of activity. Subscriber shall be responsible for payment for Services in annual installments. Payment by Subscriber is due and payable ten (10) days from the date of invoice. If payments are past due more than ten (30) days from the date of invoice, WEBGRAFFIX INTERNET DESIGN AND CONSULTING may interrupt service. If payments are past due more than 60 days, WEBGRAFFIX INTERNET DESIGN AND CONSULTING may terminate this Agreement. Subscriber is responsible for payment for one year of service as well as all collection costs and attorney fees incurred by WEBGRAFFIX INTERNET DESIGN AND CONSULTING through its efforts to collect on balance(s) owed by subscriber. All remittances shall be sent to the "remit to" address on the invoice and payable to WebGraffix (or WEBGRAFFIX INTERNET DESIGN AND CONSULTING).

  6. TERM OF CONTRACT. This Agreement, once signed by both parties, will be effective for one year from the date of signing. It will automatically renew at the end of the current contract period, unless the Subscriber, for any or no reason, submits written or verbal notice thirty (30) days prior to the renewal date of the intent to discontinue the service. In the event that verbal notice is given, the Subscriber bears all responsibility for maintaining such proof.

  7. NEGATION OF LIABILITY/WARRANTY. WEBGRAFFIX INTERNET DESIGN AND CONSULTING SHALL NOT BE LIABLE TO SUBSCRIBER FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY WEBGRAFFIX INTERNET DESIGN AND CONSULTING'S NEGLIGENT ACTS OR OMISSIONS IN MAINTAINING THE WEB SITE LOCATED AT WWW.CHURCHPAD.COM OR THE ASSOCIATED DATABASE AND IN DELIVERING SERVICES OR IN OTHERWISE PERFORMING THIS AGREEMENT. SUBSCRIBER ACKNOWLEDGES THAT EVERY BUSINESS DECISION INVOLVES ASSUMPTION OF A RISK, AND THAT WEBGRAFFIX INTERNET DESIGN AND CONSULTING DOES NOTUNDERWRITE THAT RISK IN ANY MANNER WHATSOEVER. IF, NOTWITHSTANDING THE FOREGOING, LIABILITY CAN BE IMPOSED ON WEBGRAFFIX INTERNET DESIGN AND CONSULTING, THEN SUBSCRIBER AGREES THAT WEBGRAFFIX INTERNET DESIGN AND CONSULTING'S AGGREGATE LIABILITY FOR ANY AND ALL LOSSES OR INJURIES ARISING OUT OF ANY ACT OR OMISSION OF WEBGRAFFIX INTERNET DESIGN AND CONSULTING IN CONNECTION WITH ANYTHING TO BE DONE OR FURNISHED UNDER THIS AGREEMENT, REGARDLESS OF THE CAUSE OF THE LOSS OR INJURY (INCLUDING NEGLIGENCE) AND REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE RIGHT CLAIMED TO HAVE BEEN VIOLATED, SHALL NEVER EXCEED THE COST OF THE SERVICE WHICH WAS CHARGED TO SUBSCRIBER, AND SUBSCRIBER COVENANTS AND PROMISES THAT IT WILL NOT SUE WEBGRAFFIX INTERNET DESIGN AND CONSULTING FOR AN AMOUNT GREATER THAN SUCH SUM EVEN IF WEBGRAFFIX INTERNET DESIGN AND CONSULTING WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND THAT IT WILL NOT SEEK PUNITIVE DAMAGES IN ANY SUIT AGAINST WEBGRAFFIX INTERNET DESIGN AND CONSULTING, ALL IN CONSIDERATION OF THE RECEIPT BY SUBSCRIBER OF SERVICES AT THE RATES CHARGED BY WEBGRAFFIX INTERNET DESIGN AND CONSULTING HEREUNDER, WHICH ARE FAR LOWER THAN WOULD BE AVAILABLE TO SUBSCRIBER ABSENT THE WAIVERS AND DISCLAIMERS CONTAINED HEREIN. WEBGRAFFIX INTERNET DESIGN AND CONSULTING DOES NOT MAKE AND HEREBY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED. WEBGRAFFIX INTERNET DESIGN AND CONSULTING DOES NOT GUARANTEE OR WARRANT THE CORRECTNESS, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES OR THE COMPONENTS THEREOF. IN NO EVENT SHALL WEBGRAFFIX INTERNET DESIGN AND CONSULTING BE LIABLE FOR ANY DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING, INCURRED BY SUBSCRIBER FROM RECEIPT OR USE OF INFORMATION DELIVERED HEREUNDER, OR THE UNAVAILABILITY THEREOF.

  8. INDEMNIFICATION. Subscriber hereby agrees to protect, indemnify, defend and hold harmless WEBGRAFFIX INTERNET DESIGN AND CONSULTING from and against any and all costs, claims, demands, damages, losses and liabilities (including actual attorneys' fees) arising from or in any way related to use of information by Subscriber furnished by or through WEBGRAFFIX INTERNET DESIGN AND CONSULTING or the web site located at www.churchpad.com to the extent such costs, claims, demands, damages, losses or liabilities (including actual attorneys' fees) do not result from the grossly negligent acts or omissions of WEBGRAFFIX INTERNET DESIGN AND CONSULTING. Provisions hereof related to release of claims, indemnification, use of information and data, payment for Services and disclaimer of warranties shall survive any termination of this Agreement.

  9. SUBSCRIBER CREDIT INFORMATION. By executing this Agreement, Subscriber acknowledges and agrees that its consumer credit report(s) may be requested by WEBGRAFFIX INTERNET DESIGN AND CONSULTING in accordance with the federal Fair Credit Reporting Act from one or more consumer reporting agencies in connection with this application. Subsequent consumer credit reports may be required or used by WEBGRAFFIX INTERNET DESIGN AND CONSULTING in connection with any update, renewal or extension of credit to Subscriber. Upon request, Subscriber will be informed whether any consumer credit report was requested and the name and address of the consumer reporting agency that furnished the report to WEBGRAFFIX INTERNET DESIGN AND CONSULTING.

  10. WEBGRAFFIX INTERNET DESIGN AND CONSULTING may, at any time, impose restrictions and/or prohibitions on the use of the data or services, to the extent they are necessary to maintain the integrity of the web site located at www.churchpad.com. WEBGRAFFIX INTERNET DESIGN AND CONSULTING has complete authority and discretion to determine and enact such necessary restrictions and/or prohibitions. Upon written notification by WEBGRAFFIX INTERNET DESIGN AND CONSULTING of such restrictions, Subscriber will follow such restrictions. If Subscriber cannot or will not comply with such restrictions, WEBGRAFFIX INTERNET DESIGN AND CONSULTING may terminate this Agreement immediately. It is expressly understood that termination under such circumstances, would forfeit any monthly fees for the remainder of the Subscriber's current agreement period.

  11. ASSIGNMENT. This Agreement and the rights and obligations of each party hereto shall not be assigned without the prior written consent of the other party which consent shall not be unreasonably withheld. Consent shall not be required, however, in connection with an assignment to a subsidiary or affiliate of WEBGRAFFIX INTERNET DESIGN AND CONSULTING. Upon such assignment: a) WEBGRAFFIX INTERNET DESIGN AND CONSULTING shall promptly advise Subscriber of such transfer; b) the transferee corporation shall expressly agree to assume all obligations hereunder and; c) WEBGRAFFIX INTERNET DESIGN AND CONSULTING shall guarantee the performance of the transferee/affiliate's obligations hereunder.

  12. PRIVACY PRINCIPLES. With respect to personal information regarding individual consumers, organizations, and businesses, the parties agree as follows: WEBGRAFFIX INTERNET DESIGN AND CONSULTING respects the privacy of its membership base (partners). In the event that any information is requested by third parties, all ChurchPad Partners will be provided a means of ensuring that information about them, or their organization, is not shared in any way with any organization except as required by applicable State and/or Federal laws.

  13. AGREEMENT ENTIRETY. This Agreement, as amended, sets forth the entire understanding and agreement between WEBGRAFFIX INTERNET DESIGN AND CONSULTING and Subscriber regarding the subject matter herein and supersedes any prior or contemporaneous oral or written agreements or representations. By receipt of Services, Subscriber agrees to, and shall comply with, such different and/or additional terms and such changes to this Agreement as WEBGRAFFIX INTERNET DESIGN AND CONSULTING shall make from time to time by notice to Subscriber via amendments or agreement (either online or in writing sent by postal mail). This Agreement shall be interpreted in accordance with the laws of the State of Georgia. Violation by Subscriber of state or federal laws, or WEBGRAFFIX INTERNET DESIGN AND CONSULTING's established policies and procedures, such as abuse of Services by posting obscene material, may result in immediate termination of this Agreement in WEBGRAFFIX INTERNET DESIGN AND CONSULTING's sole discretion.


AUTHORIZATION


I certify that I am authorized to execute this Subscriber Application and Service Agreement on behalf of the company listed above. Further, I certify on behalf of such company, that the above statements are true and correct and agree for the company to the terms and conditions set forth in the Subscriber Service Agreement.

Your Name *  
  


Title *






«« Return to Home Page
«« Go Back One Page
 


Copyright © 2000-2001. All rights reserved.
This site is the property of
WebGraffix and may not be reproduced without written consent.