EFFECTIVE FROM: AUGUST 02, 2021
Our latest Terms of Service are produced in accordance with the requirements of the Data Protection Law (as defined below)
In order to use ChurchSuite to help with the management of your organisation and membership, you must first agree to these Terms of Service on behalf of your organisation. By signing up your organisation to use ChurchSuite, you agree to be bound by these Terms of Service and acknowledge that any violation of the terms outlined below may result in the termination of your Organisation’s account.
ChurchSuite Ltd is a company registered in England and Wales with registered number 8532235. ChurchSuite is a web-based member management system and database tool, developed by ChurchSuite Ltd, and is provided on an “as is” and “as available” basis so far as the law allows – see more detail [below].
Although the language in these Terms of Service is simple, the intentions are serious, forming a contract considered to be a legal document under English Law and under the jurisdiction of English courts.
Definitions we use in this document
"Data Protection Law" means all data protection laws and regulations applicable to the UK including (i) the UK Data Protection Act 2018; (ii) UK General Data Protection Regulation ("UK GDPR"); (iii) the Privacy & Electronic Communications Regulations 2003 ("the PECR") relating to electronic communications; (iv) In the event that the EU GDPR (as defined in the Data Protection Act 2018) applies to activities, we will comply with the EU GDPR; and applicable national implementations of (iii) and (iv)
"The Service" means our ChurchSuite software, which is accessed online through a web browser, or by using our mobile applications (Apps). Access is provided through a unique username/password/PIN.
"your Organisation" means your church, charity or other type of organisation that has opened a ChurchSuite account. In the relationship between us, your Organisation should be considered the Data Controller as defined within the context of Data Protection Law as to the users nominated by you in accordance with these Terms of Service.
"user" means your account contact, all end-users of the Service or website that you have enabled to have access whether staff, workers, agents, volunteers, members, or contractors to the extent permitted by these Terms of Service to access and use The Service and /or our website.
"working day" means a day that is not a Saturday or Sunday, Christmas Day, Good Friday or any day that is a statutory bank holiday in England.
"you" means the Organisation that is the contracted subscriber of The Service.
Access to an account
In order to apply to use The Service, you must first submit your account contact details through our Free Trial page on our website.
We may create an account for you to access The Service, however we reserve the right, at our discretion, not to accept your application.
Should we accept your application to access The Service, we will confirm this by email to the account contact email address you provide in your application, at which point a legally binding contract will be created between us and you; you must therefore ensure that any signatory/enquirer is authorised to enter into this contract for and on behalf of you. These Terms of Service shall govern our agreement with you.
If at any time you need to update the Organisation account contact details you provided to us when applying to access The Service, you can do so through your ChurchSuite account, within the Administrator section. You are required to maintain an up to date designated, named account contact. A change of account contact details does not change the contractual relationship between us and you.
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 permitted users. This license is in accordance with these Terms of Service and our Acceptable Use Policy.
Your obligations to us (our rights)
You must only access The Service using a username/password or secure link/PIN that your Organisation authorises.
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.
Each account held with The Service must only be used for the purpose of a single Organisation. You may, however, hold multiple accounts (one for each charity/project/subsidiary or division you need to administer).
You recognise that The Service stores and processes special category data on your behalf.
You accept that nothing in these Terms of Service, nor by using The Service, relieves you (the Data Controller) of your own direct responsibilities and liabilities under GDPR Data Protection Law. At all times you are responsible for the acts and omissions of your users and anyone using login details generated for your users that have been shared without our permission and you must ensure that they all comply with these Terms of Service and our Acceptable Use Policy.
Our obligations to you (your rights)
As Data Processor, we commit to only use the data you entrust to us for its intended purpose. We will never:
Pass your data on to third parties, except where instructed to do so by you or where such is required to comply with the law
Sell your or your users’ data to third parties
Use your or your users’ data for our own purposes, except to monitor the health and security of your Organisation’s account
We will only access your data upon receipt of written or verbal instructions to do so from you, the Data Controller (unless required by law to act without such instructions). Within the administrator settings of your Organisation’s account, you may, at your discretion, enable or disable our access to your data at any time. (Access is helpful when resolving technical issues or answering support-related enquiries from you or your members (data subjects). If access is not enabled by you, we will only be able to provide generic support responses, and support enquiries from your members (data subjects) may be directed back to you).
We will ensure all our employees who are responsible for processing your data are subject to a duty of confidence.
At all times, we will protect your data by:
Restricting our access to your data and ensuring that only trusted staff can access your data
Taking suitable technical and organisational steps to ensure the technical security of your data and taking appropriate measures to ensure the security of processing such to include those detailed on our website
If Personal Data relating to an EU or UK Data Subject is transferred by or for us outside of the UK and/or European Economic Area to a country that has not been deemed to have adequate protection for Personal Data by the UK ICO then we shall ensure that we enter into an appropriate data transfer agreement containing provisions based on the EEA Standard Contractual Clauses (or UK Standard Contractual Clauses when adopted by the UK ICO) with our Data Processors and Sub-Processors and otherwise that they agree that it shall be processed in compliance with applicable Data Protection Laws. Note that The Service includes a number of optional integrations with third party services that you may already be using or wish to use in the future. If you decide to integrate any of the optional services that we support (e.g., card payment and direct debit handling, SMS messaging, email subscriber marketing service), then those providers will be responsible for data compliance, not us, and so you should check the terms of service on which you contract with them to cover off risk, suitability for your needs and compliance with data protection law.
We will ensure the technical and organisational measures detailed on our website from time to time shall be at all times adhered to as a minimum security standard save as otherwise authorised by applicable law.
We will comply with all obligations imposed directly on us by the Data Protection Laws.
We will support you with answering Subject Access Requests and in enabling data subjects to exercise their rights under applicable Data Protection Law where you do not already have access to the relevant data. Where you wish us to provide input for proceedings or regulatory investigations then you agree to pay our reasonable costs and expenses where we are not at fault.
We will only engage a Sub-Processor where instructed to do so by you, with your prior consent and written contract with that Sub-Processor, except where that Sub-Processor is a pre-existing requirement for The Service, (for example, your data is hosted on our Sub-Processor’s servers). Please see our list of third-party processors, and note that this may be subject to change at any time.
Through the functionality we provide within The Service and other information we may make available to you we are assisting you in meeting your GDPR obligations under applicable Data Protection Laws in relation to the security of processing and data protection impact assessments.
In the event that we discover or become aware of a data breach or have reasonable grounds to suspect any illegal or unauthorised activity, we will inform you without undue delay, so far as allowed by law; and provide reasonable assistance to facilitate your meeting your obligations to inform the data subjects.
We will co-operate with the ICO or any other Data Protection Authority as required by law.
We will delete all of the data we hold on your data subjects on termination of contract. Since we maintain encrypted backups of all data for 30 days, your data will be fully deleted 30 days after termination.
We will cooperate with reasonable audits and, to the extent that you cannot carry these out remotely through your existing access, reasonable inspections on a confidential basis where relevant and/or deemed necessary, but respecting our and third party’s data, the security of our operation and commercially sensitive information.
We shall ensure that all of our employees, agents, officers and contractors involved in the handling of Personal Data: (i) are aware of the confidential nature of the Personal Data and are contractually bound to keep the Personal Data confidential; (ii) have received appropriate training on their responsibilities as a data processor; and (iii) accept that they are bound by equivalent terms to these.
Paying for The Service
Full details of the subscription fees for the use of The Service are provided through the ChurchSuite website. We reserve the right to vary these fees from time to time, at which time we will provide not less than one month notice through the ChurchSuite website. Prices quoted on our website are quoted in GBP, USD, EUR, and AUD and inclusive of VAT.
We offer all customers a “30-day free trial” of The Service, and there will be no charge for the use of The Service during the free trial period. We may, at our discretion, extend any free trial period, or grant a further trial period for a valid reason. Your Organisation (and any related or associated organisation) is not entitled to benefit from more than one “free trial period”, and if we discover that your Organisation and its related or associated 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 first additional “free trial period”.
Your subscription to The Service will renew automatically each month on your “billing day” – which is set as the day of the month when you first subscribe - 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 (i) the total number of contacts within the active section of your account’s Address Book module, (ii) the number of modules you have chosen to use, and (iii) each full or partial gigabyte of file storage in excess of the two-gigabyte free storage allowance on your Organisation’s account (the Service’s pricing structure is published on the ChurchSuite website and further information about how your invoice is calculated can be found here). As such, the fee for using The Service may vary month to month, depending on the number of contacts listed within the active section of the Address Book module, whether you enable additional modules or remove modules from your Organisation’s account, and whether you upload files in excess of the two-gigabyte free storage amount. You will be billed automatically and will be fully liable for any charges calculated on your billing day.
If you or your Organisation is based within the UK, payment for The Service will be by Direct Debit, for all other regions, payment will be by accepted credit or debit card. Payments will be taken for The Service on your designated monthly billing date using the direct debit or card payment handler that we have authorised for your Organisation’s account. We are unable to accept payment for The Service by any other method.
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 outstanding balance is paid. In the event that payment is not made in accordance with any mutually agreed period of grace we will serve a 7-day notice of intention to suspend access to The Service; during this period your access to the Service and your data will be in no way restricted. Following this period, in the event that payment has not been made, we may suspend access to your Organisation’s account whereupon access to the data within the account will be restricted and we will serve a 7-day notice of intention to terminate the account. Following this period, in the event that payment has not been made, we may close your Organisation’s account with The Service permanently and all data relating to the account will be automatically removed after a 30-day period.
Changing your subscription
If at any time you wish to add or remove a module from your Organisation’s account, you can do so through the Administrator section of your account. This action can be performed by an administrator at any time and takes immediate effect.
Cancelling your subscription
If you wish to cancel your subscription to The Service, you must contact ChurchSuite Support by email at least 5 clear working days before your next billing day; your next billing day is displayed within the Billing section of your Organisation’s account. We will require verification of the cancellation by your pre-designated account contact, or by another known contact within your Organisation.
In the event of a serious breach of the Terms of Service by ChurchSuite you shall be entitled to forthwith terminate the Service .
If you or your users fail to abide by these Terms of Service, we reserve the right to suspend access to The Service or permanently cancel the ChurchSuite account and. If we withdraw access to The Service due to a breach of these Terms of Service, no refund will be payable by us.
Your user data is available for you to access and back-up at any time through our website. If this contract/The service are terminated by either you or us then, subject to any legal obligations to the contrary or our need to handle the defence of any claim and other legal enquiries or the requirements of our insurers, our policy is to delete the data thirty days after termination takes effect.
Privacy, data ownership and security
It is your responsibility to keep your Organisation’s account contact information up to date at all times.
You are responsible for ensuring your Organisation’s and users’ login information is kept secure at all times. We will not be responsible for any loss or damage incurred as a consequence of login details being compromised, save where such loss or damage occurs by reason of a breach by ChurchSuite, in which case you must notify us without delay.
We do not guarantee that The Service will meet all your requirements, be available 100% of the time or be “bug free”. While we will exercise our reasonably-commercial endeavours to keep disruptions to a minimum, from time to time it may be necessary to suspend The Service to carry out maintenance or support work, or there may be outage that is caused by a reason out of our control.
The Service have been created and tested in accordance with industry best practices and on that basis, to the best of our knowledge, The Service is free from material defect against the agreed specification. If you discover a defect or fault with The Service (and such defect or fault does not result from you, your users or anyone through you having amended or misused The Service, our Terms of Service or Acceptable Use Policy), you shall provide us with all the information that may be necessary to assist us in resolving the defect without delay, including sufficient information to enable us to reproduce the defect and shall then endeavour to do so within 48 hours of discovering the defect or fault.
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.
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 calendar
Except in respect of death or personal injury caused by our negligence and subject to clauses 2 to 3 below, our entire liability to you, your users and others that have shared logins, whether arising in contract, tort (including without limitation negligence), breach of statutory duty, or otherwise, arising under or in connection with this contract and these Terms of Service (whether in respect of the provision of the Service, damages, breach, indemnity or otherwise) shall not in any circumstance exceed 100% of the amount of the total annual subscriptions paid by you to us for the provision of The Service for the previous year under this contract or annualised if less than a year has passed.
We shall have no liability to you or any third party for any loss, damage, costs, expenses, or other claims for compensation arising from any material or instructions supplied by you or your users (or those that have shared logins) which are unauthorised, illegal, incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form or due to any other fault of yours or those persons.
Except in respect of death or personal injury caused by our negligence, we shall not be liable to you or your users by reason of any representation (unless fraudulent), or any term or any duty for any loss of anticipated savings, donation or business revenues, or profits (whether categorised as direct or indirect) or any indirect, special or consequential loss, loss of goodwill or reputation, and all other such loss (whether or not arising in the normal course of activities), or other economic loss or other claims however caused under the contract or the provision of The Service.
You agree and acknowledge that the allocation of risk in this clause is fair and reasonable in the circumstances having been taken into account by us in setting the level of charges and agreeing the extent of Service. You accept that if you have risk not covered by us then you have had ample opportunity to secure your own insurance for such risks before and during any arrangement with us.
For the avoidance of doubt, we:
make no express warranties and specifically disclaim any implied warranties, including any implied warranty of merchantability or fitness for a particular purpose, with respect to the performance of Service under our contract and these Terms of Service to the extent permissible by law.
do not guarantee, and nothing contained in our contract, these Terms of Service, shall be construed as a guarantee, that the use of the Service by you or your users will achieve any projected level of results.
We shall not be liable for any default (or deemed to be in breach of contract) by reason of any delay due to any circumstance beyond our reasonable control.
You declare and acknowledge that we have no control, involvement, role, or responsibility as to the type or use of data input by you, your users or others with their logins and we merely provide software as a service and an IT repository for data with a specified conduit for its movement to and from you and your users or third-party infrastructure. Our processing does not include the manipulation, selection, ordering, searching, or monitoring of such Personal Data other than in a generic sense of storage in the scope of the Service or in the running of the software module selected by you. You are solely responsible for the cleansing, updating, timely deletion and maintenance of Personal Data by your access direct to our website portal, other than our deletion as stated otherwise in these Terms of Service.
You will ensure that you comply with all Data Protection Laws and have all necessary appropriate consents and notices in place to enable lawful transmission of the Personal Data for the Service and its processing in accordance with this contract for the duration and purposes of this contract.
This clause shall survive termination of the contract.