Overview

Please read this document carefully, as it covers details important to your project. We look forward to serving you! Please contact us at (800) 409-6631 ext. 1 if you have any questions as you read through this agreement. We'll cover the following:

• The process of the website project
• What is included
• What is not included
• Your responsibilities
• Search engine optimization
• Gospel agreement
• Design style selection
• Color customization (optional)
• Project acceptance

The Process of the Website Project

STEP 1) Once we receive your full payment, Project Agreement form (this form), and Gospel Agreement form from your senior leader (http://churchplantmedia.com/gospel-agreement), we will set up your new website, along with the Content Management System (CMS) within one business day. Your monthly fee will begin at that time.

STEP 2) You will then have full access to the CMS to begin creating your pages, blogposts, sermons, events, etc. If you have an existing website, this is the point where you will copy the content from your old website into our CMS. You will be able to preview your content at a private link using the design you've selected.

STEP 3) We will be ready to launch your website as soon as you are comfortable with the content that you have entered. Once you are ready, let us know and we will launch the website.

You have access to Support Team via telephone and our online support portal should any questions arise before, during, or after the launch of your website.

What is included in the $1000 setup fee and $50 per month?

• All features you see in our tour (unlimited pages, unlimited administrators, Church Community Builder integration, ministry mapper, multi-campus features, single-color customization, navigation menu control, media file manager, WYSIWYG content editor, code-based editor, visual calendar and event list, one-time and recurring events, unlimited blogs and blogposts, search engine friendly code, clean URLs, playable and downloadable audio sermons, video sermons, podcasting, iTunes store integration, and Google Analytics integration)

• 24/7 usage of our web-based Content Management System to manage your website content

• Website hosting; including 100 GB of disk space and 100 GB of monthly transfer

• Certain updates to the core modules of the CMS

• Telephone and email support

• Ongoing radius protection (meaning we won't sell your design to anyone else within 10 miles of your location)

What is not included?

• Exclusive rights to your selected design style.

• The ability to make changes to the structure/layout (for example: the navigation menu cannot be changed from horizontal to vertical; the sidebar or subpage navigation cannot be moved from left to right).

• Color modifications by our team (the optional $900 full color customization service is available for purchase, or if you have the ability to code, we can give you FTP access to modify the CSS code).

• E-mail accounts. We recommend either G Suite ($5 monthly per email address), or Bluehost (about $96 annually for 100 email addresses). You may sign up for those services here:

Google Apps: www.goo.gl/K2rtgn
Bluehost: www.bluehost.com/track/cpmllc

*NOTE: if you already have email elsewhere, you can continue using it.

Your responsibilities

• Use the CMS to create pages, sermons, events, navigation, blogs, etc.

• Port over content from your current website into our CMS (if applicable)

Search engine optimization

No web development company (Church Plant Media included) can guarantee search engine results or placement, but our technologies and methods give our partners a good foundation from which to build when getting listed on search engines. Search engine placement can vary from day to day. Your website might not be initially listed for months, then be highly listed one day, drop down the next day, and then rise the next day. These factors are beyond our control and are the nature search engine placement. It is always a good idea to combine online marketing (i.e.: Google AdWords) with offline marketing to achieve optimal results.

Gospel agreement

Every church and ministry that we partner with must endorse and commit to uphold the Gospel Agreement (http://churchplantmedia.com/gospel-agreement). Please give that link to your senior leader, as they need to affirm the statements and complete the form. Be sure to follow up with your senior leader to ensure that the Gospel Agreement has been submitted.

Design style selection

You are able to select any design that is available in your area. All designs are available if they have not been used within 10 miles of your address. You can check design availability here.

*NOTE: The radius protection does not apply to global ministries, future location changes or expansion of multi-site/campus situations by either your ministry or another ministry. Church Plant Media reserves the right to make occasional exceptions based on the spirit of the law, not the letter of the law.

Service Agreement and Terms

Acceptance - Your initial payment and/or digital signature signifies your understanding and acceptance of this proposal and its terms.

Limitation of Liability - DEVELOPERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, THAT ARE IN ANY WAY RELATED TO THIS AGREEMENT, THE BREACH THEREOF, THE USE OR INABILITY TO USE THE SERVICES, DELIVERABLES AND/OR RELATED MATERIALS, THE RESULTS GENERATED FROM THE USE OF THE SERVICES, DELIVERABLES AND/OR RELATED MATERIALS, ANY TRANSACTIONS RESULTING FROM THIS AGREEMENT, LOSS OF GOODWILL OR PROFITS, LOST BUSINESS HOWEVER CHARACTERIZED AND/OR FROM ANY OTHER CAUSE WHATSOEVER.

Disclaimer of Warranty - ALL SERVICES PERFORMED HEREUNDER AND ALL DELIVERABLES SUPPLIED HEREUNDER ARE "AS IS" WITHOUT ANY WARRANTY OF ANY KIND FROM DEVELOPERS. DEVELOPERS SPECIFICALLY PROVIDE NO WARRANTY WHATSOEVER THAT THE SERVICES, DELIVERABLES AND RELATED MATERIALS WILL BE BUG OR ERROR FREE OR THAT THE SERVICES, DELIVERABLES AND/OR RELATED MATERIALS WILL BE SUITABLE FOR PARTNER'S PURPOSES. DEVELOPERS EXPRESSLY DISCLAIM ALL WARRANTIES REGARDING THE SERVICES, DELIVERABLES AND RELATED MATERIALS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR BASED ON COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE.

System Ownership - Developers retain the rights and ownership to all know-how, software code, the entire Content Management System (database, structure, and files), website pages, designs, design files, customized templates, graphics, css, .htaccess files, tools, algorithms, libraries, routines, assemblers, compilers and other authoring tools necessary to create the deliverables supplied pursuant to this Agreement, as well as any development tools created by Developers or pre-existing development tools created and owned by Developers and used in the development of the deliverables supplied pursuant to this Agreement, including all comments, in text and machine readable form, and original source code and source data files created for deliverables supplied pursuant to this Agreement by Developers and pre-existing source code and source data files created and owned by Developers, including the build scripts and/or batch files to generate the object code of the deliverables supplied pursuant to this Agreement.

Confidentiality - Partner shall keep the Services confidential and shall not release any information, including, but not limited to log in access, to third-parties without the express approval of Developers.

Interpretation - This Agreement shall be interpreted and enforced according to the substantive laws of the State of Oklahoma without application of its conflicts or choice of law rules.

Entire Agreement - This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior oral or written agreements or understandings. This Agreement can only be amended by a writing signed by both parties.

Deliverables - Developers will be retaining the source code for the entire Services provided and providing the Partner with the output formats only. The output is to be used only within the scope of the project as outlined in this agreement and does not include the following: Multiplying the site across other domains or servers, creating new websites based on the code, selling the code, or the relinquishment of copyright by Developers in any way. Partner shall retain all of its intellectual property rights in any text, images or other components it owns and transmits to Developers for use in the Services rendered by Developers.

Compensation - For all of Developers’ Services under this Agreement, Partner shall compensate Developers pursuant to the terms of this agreement. In the event Partner fails to make any of the payments referenced in this agreement by the deadline set forth by Developers, Developers have the right, but are not obligated, to pursue any or all of the following remedies: (1) terminate the Agreement, (2) remove content from servers utilized by Developers, (3) bring legal action. Developers have the right to remove the web site until payment in full is paid, plus accrued late charges of 1.5% per month.

Indemnification - Partner warrants that everything it gives Developers for use in Developers providing the Services is legally owned or licensed to Partner. Partner agrees to indemnify and hold Developers harmless from any and all claims of any kind brought by any third party relating in any way to the Services, including, but without limitation, any and all demands, liabilities, losses, costs and claims including attorney’s fees arising out of injury caused by Partner’s products/services, material supplied by Partner, copyright infringement, and defective products sold through use of the Services or any other type of claim. Further, Partner agrees to indemnify and hold Developers harmless from claims and demands of any kind related to problems/disruptions caused by Developer’s services or 3rd party services that Developers/Partner may use such as partner services, CMS’s, merchant accounts, email newsletters, e-commerce, shopping carts, shipping, hosting services, real time credit card processing, domain registration, online event registration, online donations, and other services that relate to the ownership and operation of the Services or multimedia project.

Identification of Developers - Partner agrees that the Developers’ identification may be annotated within the code and on the web site as the authors. Partner also grants Developers the right to place “Powered by Church Plant Media” or similar graphic and/or hyperlink in each page footer. Partner also agrees to put Developers’ copyright notices on the Web site and the relevant content therein. 

Transfer of Rights - In the event Developers are unable to continue the support of the web site, non-exclusive rights to the web site content will be granted to Partner. Content includes page text, graphics, and other content submitted into Developer’s System by Partner. Content does not include Developer’s Content Management System (database, structure, files).

Validity - If any provision of this Agreement is judicially determined to be invalid, void or unenforceable, the remaining provisions shall remain in full force and effect.

Attorneys' Fees - In the event a dispute arises regarding this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs, in addition to other relief to which it is entitled.

TERMS

If Partner or an agent other than Developer attempts to update the web site and damage is done to the code, graphics, or underlying structure, time to repair will be assessed and billed on a per-project basis or hourly basis.

Additional Services - Any revisions, additions or redesign Partner wishes Developers to perform which is not specified in this document shall be considered "additional" and will be billed on a per-project basis or hourly basis.

Pricing for all services, packages, system fees, hosting, ala-carte services, per project estimates, hourly rates, retainers, and future maintenance is subject to review and/or change at any time.

Online donations, partner services, hosting, Constant Contact e-mail newsletter, and other third party services may require separate agreements, since these services can be provided by third parties.

Terms defined in this agreement (and links contained therein) are subject to change at any time.

Rev. 071318