Terms of Service

I. Services

Customer engages and authorizes TAB to perform the services which are included in the “Plan” selected in their Onboarding Form (the “Services”) for Customer’s website to be maintained and hosted by TAB using the Domain Name pursuant to these terms until the termination of this Agreement. If not otherwise specified in the Onboarding Form, the Domain Name shall be defined by mutual agreement of the Parties, subject to availability. As between the Parties, all Domain Names shall be owned by the Customer. Further information regarding available services are defined as follows, provided that Customer is eligible to receive only those Services which are included in their Plan:

  • I.1. Design. Customer will be provided a description of their website template, which defines all available web pages and opportunities for customization, as applicable to Customer’s Plan. Customer shall provide in a timely manner any required text, graphics, logos, data and information as may be reasonably requested by TAB to complete such customization and setup services. Customer agrees and acknowledges that only the Premium Plan is fully customizable, and that websites under the Essential and Basic Plans may be customized solely to the extent such customizations are available per TAB’s then-current available features for such Plan. TAB will provide a final set of specifications for the website, subject to Customer’s approval, not to be unreasonably withheld or delayed (“Final Specifications”). TAB shall complete the coding and configuration underlying Customer’s website in conformance with the Final Specifications.
  • I.2. Acceptance; Launch. Customer shall have an opportunity to review, test, and accept a non-public test version of the website. If no modifications are requested within 10 business days, TAB may deem such website accepted by Customer. Following acceptance, the website shall be posted and accessible to the public on the Domain Name using TAB’s web server within 10 business days of acceptance.
  • I.3. Email Accounts. Customer shall receive access to the email accounts specified for the Plan. In the initial month of Service, Customer shall identify the desired email account names. Customer’s email accounts hosted hereunder, whether or not active, may not exceed the number specified for the Plan.
  • I.4. Features. All features, plugins, and functionality for the website are limited to the terms of such features, plugins and functionality as TAB generally makes available to its customers for such Plan. Customer acknowledges that features, plugins and functionality may be updated and modified from time to time. Customer’s compliance with TAB’s written instructions and processes provided by TAB from time to time may be required for access to or use of the Services, including features, plugins and functionality. TAB will use reasonable efforts to provide Customer advance notice of updates to Services.
  • I.5. Domains. Domain Name registration and transfer Services are included in the initial set up Services, to the extent required by Customer for establishing the website, provided that any third party fees payable to Registrars or other third parties in connection with acquiring, establishing and maintaining the Domain Name shall be payable by Customer. If required for securing or maintaining a Domain Name, TAB will complete the necessary registrations and forms as may be required to secure and maintain access to the Domain Name during the Term, and Customer hereby authorizes TAB to complete such forms and actions on Customer’s behalf. Customer agrees and acknowledges that Domain Names selected by Customer may not be available, additional fees may apply to Domain Name purchasing and transfer services, and Domain Name registration fees (as applicable) are at Customer’s expense in addition to the Fees defined in the Onboarding Form.

II. Support Levels

Each Plan includes access to limited Support Services, to be used in Customer’s discretion. Unused Support hours do not roll over, and must be used within the month initially available. Support may be used for minor modifications to website (such as updating image, text, calendar or sermon content), updates to email accounts, training and user support services, report generation, domain name registration support, and other design and maintenance support as may be available in TAB’s current service offerings. All inquiries and Support requests should be directed to the TAB contact identified during onboarding.

  • II.1. “Basic Email Support” means TAB will promptly respond to all email inquiries, generally within seven (7) days. Urgent Issues which substantially impact all website visitors’ use of the website or which prevent the use of critical processes (“Urgent Issues”), will be prioritized.
  • II.2. “Priority Email Support” means TAB will promptly respond to all email inquiries, generally within 2 (2) days. Urgent Issues will be prioritized, and a response provided within four (4) hours, Monday-Friday.
  • II.3. “Priority Phone Support” means TAB will promptly respond to all phone inquiries, using the same response times provided for Priority Email Support, except by telephone. Priority Phone Support is measured based on the time spent by TAB personnel reviewing and responding to Customer requests for Priority Phone Support.

III. Term and Termination

This Agreement commences on the Effective Date and automatically continues for unlimited consecutive one month terms, each ending on the last day of the month, unless earlier terminated (collectively, the “Term”).  

  • III.1.Termination for Cause. Either Party may terminate this Agreement in the event of any breach (including nonpayment of Fees) of this Agreement by the other Party which remains uncured thirty (30) days after delivery of detailed written notice describing such breach.
  • III.2. Termination without Cause. Customer may also terminate this Agreement for any or no cause upon thirty (30) days’ written notice to TAB. TAB may terminate this Agreement for any or no cause upon ninety (90) days’ written notice to Customer.
  • III.4. Post-Termination. After termination by any Party for any reason, TAB shall retain the right to recover all accrued fees and charges due and owing by Customer to TAB though the date of termination, and Customer agrees that it waives any right it may have against TAB to offset fees payable by Customer to TAB. Upon termination, TAB shall coordinate with Customer to make available to Customer one copy of Customer’s website, provided that Customer account is in good standing and its account balance is paid in full.

IV. Fees and Payment

  • IV.1. Fees. Fees shall consist of the Monthly Fees and Set Up Fees specified for the Plan in the Onboarding Form. Additional fees may apply, in which case TAB will inform Customer of such additional fees prior to commencing such Services, (a) in the event Customer requests Services beyond the scope of those Services which are included in the Plan, and (b) as applicable to third party licenses or services, including Domain Name fees. TAB reserves the right to increase the Monthly Fees during the Term of this Agreement no more than once annually with at least 30 days prior notice to Customer.
  • IV.2. Payment Terms. Customer agrees to pay to TAB the Fees set forth in Onboarding within thirty (30) days of TAB’s invoice date. TAB will direct invoices to the address specified in Onboarding, or to an alternative billing address provided by written notice of Customer. Set Up Fees shall be invoiced upon signature, and are consideration solely for the Services required to provide Customer with a version of the website conforming to the Final Specifications. Monthly Fees shall be invoiced once per month beginning when the website becomes publicly available. If payment is not received by the due date, the payment will be late, and the Customer will be charged interest at a rate of one and one half percent (1.5%) per month. TAB reserves the right to remove the website from viewing on the Internet until all delinquent payments are made.

V. Intellectual Property

  • V.1. Customer IP. Customer represents to TAB and unconditionally guarantees that any elements of text, graphics, photos, designs, logos, trademarks, data, names, images, or likenesses, or other elements provided by Customer for inclusion in the website (collectively, “Customer IP”) are properly owned or licensed by Customer for inclusion in the website during the Term as contemplated herein. Customer shall indemnify and hold harmless TAB and its affiliates, and their directors, officers, employees and agents from and against any and all claims, suits, losses, liabilities or judgements, including legal fees and costs, arising from the use of such Customer IP as contemplated hereunder, including any claims that such Customer IP infringes upon the proprietary rights of any third party.
  • V.2. Works Created by TAB. Customer agrees and acknowledges that it is not the author or owner of any code, graphics, design templates, design elements or data provided to Customer by TAB, nor any intellectual property rights therein, where such code, graphics, design templates, design elements and data was created or acquired by TAB prior to the Effective Date of the Agreement, outside the scope of this Agreement, or is otherwise generally applicable to TAB’s business and customers (“TAB Toolset”). Customer further acknowledges that TAB offers the same design elements and templates and other features of the TAB Toolset to other customers of TAB. The Parties expressly recognize that TAB’s work on the website, except for TAB Toolset, has been specially ordered and commissioned by Customer as a contribution to a collective work, supplemental work or such other category of work as may be eligible, to the greatest extent available under the law, for treatment as a “work made for hire.” Customer shall be deemed the sole author of the website, its contents, any work embodying or derived from any portion of the website, the Customer IP, and intellectual property rights therein, except for TAB Toolset. To the extent that the website is not properly characterized as a “work made for hire,” then TAB hereby irrevocably grants, assigns and otherwise transfers exclusively and in perpetuity to Customer, its successors and its assigns, all rights of TAB in the website whatsoever, except for TAB Toolset, now existing or hereafter discovered, in all media and forms of expression. TAB also hereby irrevocably grants, assigns and otherwise transfers non-exclusively and in perpetuity to Customer, its successors and its assigns, the right to reproduce TAB Toolset, to prepare derivative works therefrom, to publicly perform or to publicly display TAB Toolset, for the sole purpose of displaying and maintaining the website. Customer will not have a right to paid plugins purchased by TAB Media.
  • V.3. Authorship Credit. Customer agrees to allow TAB to include a byline and link on the bottom of their website establishing authorship credit (for example, “web hosting by Hosted Church”). This byline is upon agreement by Customer and TAB and must be removed at any time upon written request by TAB.

VI. Limited Liability

Customer hereby agrees that any material submitted for publication will not contain anything leading to an abusive or illegal use of the Services, including violations of privacy, computer viruses, any harassing and harmful material or uses, or material advocating illegal activity, and any infringement of privacy or libel. Customer hereby waives any and all claims which it may have against TAB, for any loss, damage, claim or expense arising out of or in relation to the registration of the Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of this Agreement. Under no circumstances, including negligence, shall TAB, its offices, agents or anyone else involved in creating, producing or distributing its Services, be liable for any direct, indirect, incidental, special  or consequential damages that result from the use of or inability to use TAB’s Services; or that results from mistakes, omissions,  interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to TAB’s records, programs or services. Customer maintains sole responsibility for data backups and restoration. Customer hereby acknowledges that this paragraph shall apply to all content on TAB’s Services. NOTWITHSTANDING THE ABOVE, CUSTOMER’S EXCLUSIVE REMEDIES FOR ALL DAMAGES,  LOSSES AND CAUSES OF ACTIONS WHETHER IN AGREEMENT, TORT INCLUDING  NEGLIGENCE OR OTHERWISE, SHALL NOT EXCEED THE AGGREGATE DOLLAR AMOUNT WHICH CUSTOMER PAID DURING THE SIX MONTHS OF THIS AGREEMENT PRECEDING SUCH CLAIM.

VII. Laws Affecting Electronic Commerce

The Customer agrees that the Customer is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend TAB and its affiliates, and their directors, officers, employees and agents from and against any and all claims, suits, losses, taxes, tariffs, penalties, liabilities or judgements, related to the Customer’s use of internet electronic commerce, application or failure to apply sales and use taxes, or solicitation or use of charitable contributions.

VIII. Warranties

The website shall be prepared in a workmanlike manner, with reasonable skill and diligence, and will function in conjunction with generally accepted and properly configured web browsers. Except for the foregoing, the Services provided by TAB are provided “AS IS”, WITHOUT WARRANTY OF ANY KIND TO CUSTOMER OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE, LICENSEE’S PURPOSE OR SYSTEM INTEGRATION; ACCURACY OF INFORMATIONAL CONTENT; NON-INFRINGEMENT; AND/OR ANY TYPE ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. The Parties expressly recognize that TAB cannot and does not guarantee or warrant that files available for downloading through TAB or website will be free of infection, viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. Customer agrees that it shall be solely responsible for implementing sufficient procedures to satisfy Customer’s particular requirements for accuracy of data input and output, and for maintaining a means external to TAB for the reconstruction of any lost data.

IX. Miscellaneous

  • IX.1. Relationship of Parties. TAB and Customer are independent contractors under this Agreement, and nothing herein is intended to, or will be construed to, create a partnership, joint venture, or agency relationship between them. Neither Party has authority to enter into agreements of any kind on behalf of the other.
  • IX.2. Waiver and Modification. A Party’s waiver of any breach or failure to enforce any term of this Agreement may not be deemed a waiver of its right to do so in the future. Any waiver, amendment, supplementation or other modification or supplementation of any provision of this Agreement will be effective only if it is in writing and signed by both Parties.
  • IX.3. Choice of Law, Forum and Attorney’s Fees. This Agreement, its interpretation, performance, or any breach thereof, will be construed in accordance with, and all questions with respect thereto will be determined by, the laws of the State of Alabama applicable to contracts entered into and wholly to be performed within said state, without regard to principles of conflicts of laws. The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the State and Federal courts located in Alabama. In any action or proceeding arising in connection with this Agreement, the substantially prevailing Party shall be entitled to recover its reasonable attorney’s fees and costs.
  • IX.4. Survival. All terms of this Agreement, which by their nature extend beyond its termination, expressly including all obligations relating to indemnification and limitations on liability, remain in effect until fulfilled and apply to respective successors and assigns.
  • IX.5. Notices. Any notice required herein shall be in writing and either personally delivered or sent via certified mail, postage prepaid and return receipt requested, via overnight carrier with a national reputation which tracks receipt, or via facsimile or e-mail. Notices shall be addressed to the other Party at the address specified in Section 1 or to such other address as either Party may from time to time designate in writing to the other Party.
  • IX.6. Assignment. This Agreement and the rights and responsibilities hereunder may not be assigned or otherwise transferred, in whole or in part, by either Party, without the prior written consent of the other Party, except that TAB may assign this Agreement in its entirety to an entity purchasing all or substantially all of the outstanding stock or assets of TAB, to any subsidiary or affiliate under TAB’s control, or pursuant to a merger, consolidation or other reorganization.
  • IX.7. Entire Agreement. These terms, and any addendum hereto, constitutes the entire agreement between the Parties with respect to the subject matter of this Agreement, and supersedes and replaces all prior or contemporaneous written or oral statements, understandings, or agreements between the Parties.