This Statement of Services & Agreement (“Agreement”) is entered into by and between High Ground Solutions, Inc. (“HGS”) and CUSTOMER NAME (“Customer”). IN CONSIDERATION of the mutual promises made herein and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, HGS and Customer agree as follows:
HGS will provide the following services (collectively, “Services”):
Customer is granted a limited, non-exclusive, non-transferable, non-assignable, non-sub-licensable license during the term of this Agreement for the use of the ChurchCast (“Cast”) system as configured below.
• Message Credits As Defined In Customers Selected Service Plan: Pay-As-You-Go Or Monthly
• Web-Based Access
• Mobile Command Center App Access
• SMS Text Messaging
• Voice Messaging
• Email Analytics And Open Tracking
• Social Media Integration
• Recipient User-Accounts
• Unlimited Recipient Groupings
• Automatic Recipient Name Insert
• Video And Audio Link Insert
• Recipient Text Reply Option
• Automatic Language Translation
• Scheduled Delivery Of Messages
• HTML Email Editing
• Message Template Storage
• Message Reporting/Analytics
• Export To Excel
• Opt In/Opt Out
• Training & Support
Customer will have access to all updates for the above services during the term of this Agreement.
1.) System Configuration: HGS will perform system configuration services necessary for Customer to begin using Services within thirty (30) days of the contract signature date.
2.) Data Integration: HGS will provide data conversion services necessary to import Customer’s employee information into the ChurchCast system. It is the Customer’s responsibility to provide such data in a format required by HGS.
3.) Training: Training will be web-based over the Internet.
HGS shall be responsible for the system hosting, maintenance, and support of all HGS-hosted software and HGS-hosted equipment used to perform Services. HGS shall provide Customer with ongoing technical support for Services for the term of this Agreement. Phone and e-mail support is provided for Customer’s Point of Contact through the Customer Success Team twenty-four hours a day, seven days a week, exclusive of federal holidays. Customer’s Point of Contact is the liaison between HGS and Customer.
a. Term: The term of this Agreement will commence on the date of online order (“Contract Date”). Pay-As-You-Go Service Plan term shall end when all credits are used. Monthly Service Plan term shall end once either party gives written notice to the other party of its intent not to renew at least thirty (30) days prior to the expiration of the then-current term.
b. Managed Service Fees: Depending on the service plan, the customer will be charged either upon order of message credits with the Pay-As-you-Go Service Plan or monthly with the Monthly Service Plan. Customer will pay service fees the time of service.
c. Past Due Payments: HGS shall be entitled to block Customer’s access to Services without terminating this Agreement or affecting Customer’s obligation to make payments under this Agreement if Customer is more than thirty (30) days delinquent on any payments.
a. Authorized Representatives: Customer agrees that it will only allow its officers, directors, trustees, employees, employees, and agents (“Authorized Representatives”) to have access to Services and that it shall be solely responsible for any use or misuse of Services by such persons.
b. Compliance with Law; Prohibited Material: Customer agrees to use Services only as permitted by applicable law, including but not limited to export control laws and regulations. The transmission of any material in violation of applicable law is prohibited. This prohibition includes, but is not limited to, the transmission of copyrighted material without permission of the copyright holder, the transmission of threatening or obscene material or trade secrets, and the transmission of messages or alerts to phone numbers without obtaining prior express written consent to contact them using Cast in accordance with the Telephone Consumer Protection Act (TCPA).
BOTH PARTIES AGREE NOT TO POST OR TRANSMIT ANY UNLAWFUL, HARMFUL, THREATENING, ABUSIVE, HARASSING, DEFAMATORY, VULGAR, OBSCENE, PROFANE, HATEFUL, FRAUDULENT, LIBELOUS, PORNOGRAPHIC, RACIALLY, ETHNICALLY OR OTHERWISE OBJECTIONABLE MATERIAL OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY MATERIAL WHICH ENCOURAGES CONDUCT THAT WOULD CONSTITUTE A CRIMINAL OFFENSE, VIOLATE THE RIGHTS OF OTHERS, OR OTHERWISE VIOLATE ANY APPLICABLE LOCAL, STATE, NATIONAL OR INTERNATIONAL LAW (“PROHIBITED MATERIAL”). HGS reserves the right to terminate Customer’s use of Services, if HGS, in its sole discretion, determines that Customer’s use of Services is unlawful or inappropriate as described above. Notwithstanding the above, HGS has no obligation to monitor any material posted or transmitted through the Services. Any liability for any such inappropriate or unlawful material posted or transmitted by Customer shall be the Customer’s liability.
All title to equipment and software licenses provided by HGS for performing Services are the property of HGS and remain the property of HGS during and after the term of this Agreement. This Agreement is a services agreement and is not intended to and will not constitute a lease or sale of real or personal property. No title, property rights or copyright in the software or in any modifications of the software shall pass to the Customer under any circumstances. The software is licensed, not sold.
The Services shall be accessed and used by the Customer and Authorized Representatives for the sole purposes listed in Section 1.a. of this Agreement. The Customer shall maintain the confidentiality of the Services, and, except as expressly provided herein, the Customer shall not, and shall not allow any other person or entity to, reproduce, copy, repost, distribute, download or otherwise transfer to any other system or media any portion of the Services without the written consent of HGS and the owner of any copyrights with respect to such Services.
The Customer represents and warrants that it has sufficient right, title and interest in and to any information or content provided by the Customer for use with the Services and that no information or content provided by the Customer will infringe any patent, copyright, trade secret, or other proprietary right or privacy right of any other person or entity.
Customer’s information is the property of Customer and remains the property of Customer during and after the term of this Agreement.
HGS hereby grants to Customer a non-exclusive, limited, royalty-free license, during the term of this Agreement, to use the HGS Technology solely for purposes of using the Services. HGS privacy standards shall meet or exceed all applicable federal and state regulations regarding the management, security, and maintenance of customer-related data (COPPA, FERPA).
If the Customer provides HGS with sensitive personal information or any other legally confidential information including “personally identifiable information” (e.g. employee identification numbers) from employee records as defined by the Family Educational Rights and Privacy Act (FERPA), 34 CFR §99.3, HGS certifies that it shall not disclose personally identifiable information as directed by FERPA, 34 CFR §99.33, or by other State and Federal laws. Use by HGS of any such personally identifiable information is strictly limited to the sole purpose of performing its obligations under this Agreement.
HGS agrees and promises that the data acquired from the Customer will only be used for the implementation of the ChurchCast system and any other services provided by HGS specifically requested and approved by the Client. HGS agrees that this data will not be used or disseminated or shared in any way whatsoever with any other third party or individual. HGS will not use the information obtained for any marketing purposes or providing unsolicited information. It is the responsibility of HGS to ensure that the confidentiality and security of the data is maintained at all times, whether in transit, stored on computers, accessed by staff, and other data access functions.
In the event of termination of this Agreement, upon Customer’s request made within 30 days after the effective date of termination, HGS shall make available to Customer Customer’s data in the current format in which it is stored in the ChurchCast system. After such 30-day period, HGS shall have no obligation to maintain or provide any Customer data and may thereafter unless legally prohibited, HGS shall destroy and deem unusable or recoverable all user-specific data associated with the Customer that is stored in any HGS system or otherwise in its possession that is not used for billing and accounting purposes (normal Customer accounting record keeping data may be maintained).
As between HGS and Customer: (i) HGS shall own all HGS Confidential Information and, except as expressly provided herein, Customer shall not have any right, title, or interest therein; and (ii) Customer shall own all Customer Confidential Information and, except as expressly provided herein, HGS shall not have any right, title, or interest therein.
Due to the many links in the overall national and regional communication networks and infrastructure (national/regional cellular communication networks and their traffic management, land-phone lines and regional switching networks, power grids, etc.) all of which are completely outside the control or monitoring of HGS, HGS disclaims any and all warranties with respect to the Customer’s use of ChurchCast, direct or indirect, including but not limited to warranties of merchantability and fitness for a particular purpose. In no event shall HGS, its affiliates, business partners, service providers, employees, agents, representatives, or shareholders be liable to Customer for any incidental, consequential, indirect, special, or punitive damages (including damages due to: service failures, business or service interruptions, etc.) for any aspect of its service outside of HGS’s direct control.
This Agreement will be governed by the laws of the State of Alabama. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the remainder of the Agreement
ChurchCast is a product of High Ground Solutions, Inc.
In addition to the Websites, High Ground Solutions, Inc. operates multiple web-based software platforms, including but not limited to CampusCast, ChurchCast, MallCast, RapidCast, SchoolCast, and TestPoint, used by our Clients to provide access to a website for authorized individuals, including their employees, customers, and/or key stakeholders. The use of information collected through this platform is strictly limited to the purpose of meeting our contractual obligations to our Clients and providing the services requested by our Clients, which are defined within our service agreements. The information we collect is done so at the direction of our Clients and we have no direct relationship with their customers, the individuals whose personal data we process.
High Ground Solutions, Inc. Websites and Services are not designed for use by children under the age of 16. As such, this Website is not directed at children under the age of 16 nor do we knowingly collect or maintain information from children under the age of 16 on this Website.
The Personal Information you provide will vary based upon the context, and we will not collect your Personal Information unless you make it available. You are not required to provide Personal Information at any time while visiting the Websites; however, you may be required to provide Personal Information to use certain Services. You may provide us with Personal Information by participating in online surveys, subscribing to newsletters and other recurring offerings through the Websites, and in connection with other products, services, features, or requests made available through the Websites.
High Ground Solutions, Inc. collects the Business Information necessary to enable us to respond to your requests for our products and services and to send you information regarding our products and services from time to time. Since most of the users of our products and Websites are doing so in their capacity as employees or companies, most Business Information we collect will be in that capacity (rather than information about you individually, such as your personal tastes, etc.). For these purposes, we have defined “Business Information” as any information that identifies or may identify a company or an individual contact at a company or that allows others to contact a company or an individual contact at a company. When you visit our Websites, you may be asked to submit information such as email address, company/organization name, address, phone number, your product version and/or areas of interest. We may also ask you where you heard about our company or products, or for other information that will help us understand more about your needs or help us process your requests for information. In addition, we collect credit card and related payment information when you order products, services or support plans online. Our information collection and use practices are described in more detail below.
We offer certain limited online support services. If you access our online support, you may be asked for information such as customer ID, product name, product version and other information to help us determine what the technical issues are and how best to help you resolve them. In addition, certain products allow you to submit support-related questions directly from the product. If you access online support services from a product, information about your network, operating system, printer, data and program path, product type, version, customer ID, the product’s technical support information sheet, product serial number and other similar information will be automatically pre-populated for submission to our customer support representatives to assist them in answering your questions.
High Ground Solutions, Inc. collects certain additional information in connection with your use of our Services, web-based products and/or mobile products with online features. For instance:
High Ground Solutions, Inc. may use your Business Information to inform you of special discounts or offers from other companies we have carefully selected and whose products and services may be of interest to you.
To access information (blogs, demos of our products, marketing materials etc.) on the Websites, a user may be required to register with High Ground Solutions, Inc.. During registration a user is required to give certain information (such as name, email address, phone number, company name, job title). This information is used to contact you about the products/services on our site in which you have expressed interest.
We request information from you on our order form. To buy from us, you must provide contact information (like name, email address, phone number, and billing address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we’ll use this information to contact you.
From time-to-time, our Websites may request information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code). Contact information will be used to notify winners and award prizes, if applicable. Survey information will be used for purposes of monitoring or improving the use and satisfaction of the Websites.
High Ground Solutions, Inc. may place “cookies” on the browser of your computer. Cookies are small pieces of information that are stored by your browser on your computer’s hard drive. Cookies may enhance the convenience and use of the Website. For example, the information provided through cookies may be used to recognize you as a previous user of the Website (so you do not have to enter your personal information every time), offer personalized information for your use, and otherwise facilitate your experience using the Website. You may choose to decline cookies if your browser permits, but doing so may affect your ability to access or use certain features of the Website.
Most web browsers automatically accept cookies, but you can disable this function so that your browser will not accept cookies. Please be aware that disabling this function may impact your use and enjoyment of this Website.
We may also allow certain third-party analytics service providers to include cookies and web beacons within the pages of the Websites on our behalf and to retain and use the information received from such cookies and web beacons themselves. Third-party service providers that collect this data on our behalf may offer information about their data collection practices, and in some cases, an opt out on their respective websites which you can access here: http://www.google.com/analytics/.
Currently, various browsers — including Microsoft Edge, Google Chrome, Internet Explorer, Mozilla Firefox, and Apple Safari — offer a “do not track” or “DNT” option that relies on a technology known as a DNT header, which sends a signal to Websites’ visited by the user about the user’s browser DNT preference setting. We do not currently commit to responding to browsers’ DNT signals with respect to the Company’s Web sites, in part, because no common industry standard for DNT has been adopted by industry groups, technology companies or regulators, including no consistent standard of interpreting user intent. We take privacy and meaningful choice seriously and will make efforts to continue to monitor developments around DNT browser technology and the implementation of a standard.
We take precautions to protect your information. When you submit sensitive information via the Websites, your information is protected both online and offline. We use appropriate security measures to protect the security of your data both online and offline. These measures vary based on the sensitivity of the information that we collect, process, store, and the current state of technology. Please note, though, that no website or internet transmission is completely secure, so while we strive to protect your data, we cannot guarantee that unauthorized access, hacking, data loss or a data breach will never occur.
Each email we send will contain instructions on how to unsubscribe should you decide not to receive future promotional emails. If you choose to opt-out of receiving promotional email communications from any High Ground Solutions, Inc. business unit, we may still periodically communicate with you via mail and telephone. Please allow up to 10 business days to be removed from our promotional email list.
We send notification emails about the Website and Services from time to time as necessary. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.
We also send newsletters to our administrative users and users with send privileges with news of new service offerings and promotions. Should you change your mind about receiving these newsletters, you can unsubscribe by following the directions present in each email we send out.
Most of our communications are intended to:
Third-Party E-Mail Promotions
Services and Product Data
Business Information collected by High Ground Solutions, Inc. as set forth in the Personal Information and Business Information section above does not include your company’s data entered in the course of operating our products (“Product Data“) or data provided by you while using our services (“Services Data“). High Ground Solutions, Inc. will not access your Product Data or Services Data except in the following limited circumstances:
High Ground Solutions, Inc. will not provide your Product Data or Services Data to any third-party or permit any third-party to access your Product Data or Services Data, except with your permission or to comply with valid legal requirements such as a law, regulation, search warrant, subpoena or court order.
Unless you give us your permission, we don’t share data we collect from you with third parties, except as described below:
Third-party service providers or consultants. We may share data collected from you on the High Ground Solutions, Inc. Site with third-party service providers who need access to the data to perform their work on High Ground Solutions, Inc.’s behalf, such as a SMS, phone, email, and app partners. These third-party service providers are limited to only accessing or using this data to provide services to us and must provide reasonable assurances that they will appropriately safeguard the data.
Compliance with Laws. We may disclose your data to a third party if (i) we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or government request (including to meet national security or law enforcement requirements), (ii) to enforce our agreements and policies, (iii) to protect the security or integrity of the High Ground Solutions, Inc. Site or our services and products, (iv) to protect ourselves, our other customers, or the public from harm or illegal activities, or (v) to respond to an emergency which we believe in good faith requires us to disclose data to assist in preventing a death or serious bodily injury. If High Ground Solutions, Inc. is required by law to disclose any of your data that directly identifies you, then we will use reasonable efforts to provide you with notice of that disclosure requirement, unless we are prohibited from doing so by statute, subpoena or court or administrative order. Further, we object to requests that we do not believe were issued properly.
Affiliates. We may share data collected from you from the High Ground Solutions, Inc. Site with our affiliates. We all will only use the data as described in this notice.
Business transfers. If we go through a corporate sale, merger, reorganization, dissolution or similar event, data we gather from you through our website may be part of the assets transferred or shared in connection with due diligence for any such transaction. Any acquirer or successor of High Ground Solutions, Inc. may continue to use the data we collect from you through our Site as described in this notice.
Aggregated or de-identified data. We might also share data collected from you from the High Ground Solutions, Inc. Site with a third party if that data has been de-identified or aggregated in a way that does not directly identify you.
We do not share your data (including, but not limited to, the personal data of your end users) with third parties for their direct marketing purposes, unless you give us your consent to do so.
We may retain your information for a period of time consistent with the original purpose of collection. For instance, we may retain your information during the time in which you have an account to use our Websites or Services and for a reasonable period of time afterward. We also may retain your information during the period of time needed for us to pursue our legitimate business interests, conduct audits, comply with our legal obligations, resolve disputes and enforce our agreements.
You may opt out of any future contacts from us at any time. Additionally, if the collection of your personal data was based on your consent, you have the right to revoke that consent at any time. Be aware that by revoking consent, you may lose access to services you previously opted to use.
You may request to review, correct, delete, or otherwise modify any of the personal information that you have previously provided to us through the Company’s Website(s) and Services. You can do the following at any time by contacting us via the email address or phone number provided on our website:
Requests to access, change, or delete your information will be addressed within a reasonable timeframe.
California Residents’ Privacy Rights
Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of personal information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year. To request a copy of such information, please contact us as described in the “Questions, Concerns or Complaints” section below, and we will respond within 30 days as required by law.
High Ground Solutions, Inc. commits to resolve complaints about our collection or use of your personal information. High Ground Solutions, Inc. takes its users’ privacy concerns seriously.
High Ground Solutions, Inc.
Attn: Legal Department
2100 River Haven Drive, Suite 210
Birmingham, Alabama 35242
For more information contact 888.988.5884 or firstname.lastname@example.org.