Terms of Service

The following terms and conditions (“Standard Terms”) are entered on July 24, 2020 (the “Effective Date”) between Civic Champs, Inc., an Indiana Benefit Corporation (the “Company”) and Hanover Safe Place (“You”). These Standard Terms, in connection with the Volunteer Management Service Agreement, are collectively referred to as the “Agreement.” The Volunteer Management Service Agreement is referred to herein as the “Order.” As used in this Agreement, “Product(s)” shall refer to volunteer management services.

1. 1. Limitation of Liability. In the event that the Company fails to provide Product(s) in accordance with the Order in any respect, the sole liability of Company to You and your sole remedy shall be limited to, at the Company’s discretion: (A) a pro-rated refund of the Rate as specified in the Order, (B) Extension of the term of the Order until the contracted Product(s) are delivered. The Company is not responsible for any related damages including, but without limitation to, additional costs you may incur.

   2. Usage Statistics. The Company makes no guarantees with respect to usage statistics or levels of volunteer or employee interaction with the Products(s).
   3. Ownership of information. The information collected by the Company from You and individuals affiliated with You, will be your sole property; however, You give the Company the right to use this information in conjunction with business activities conducted on your behalf. You also give the Company the right to use data collected from your users in aggregate and anonymously for reporting and research purposes. As You own this data, user information will never be sold or licensed to any third party by the Company. Lastly, all Users will need to agree to and abide by Civic Champs Terms of Service before using the app.
   4. Data export. At any point, the Company will make your data available to You through a csv file. Requests for data that is not made available from the administrative dashboard will be responded to in a similar format in a reasonable time frame.
   5. Marketing. As part of this agreement, you grant the Company the right to reference You as a client in marketing, sales, and other collateral.
   6. Late Payments. You agree to pay the Company the published fee in effect at the time of the Order for all Product(s) You order and all applicable sales, use and similar taxes. Payments are due monthly on agreed upon schedule, unless you choose to exercise your option, in which case payments are due yearly on agreed upon schedule. Late payments past 30 days due will incur a late payment fee of 5% of late balance.
   7. Adjustments to Fees. Fees will be adjusted during the Term as follows: at any time during the Agreement, You may request an increase or decrease in the number managed profiles (collectively, “Communities”) for which the Product is purchased under this Agreement. Your monthly fees for the applicable Product shall be adjusted proportionately to the number of Communities utilizing the Product that month.
   8. Renewal Subscription Period. Unless one of us gives the other written notice that it does not intend to renew the subscription, this Agreement will automatically renew for a duration equal to the duration of the Initial Subscription Period (“Renewal Subscription Period”). Renewal Subscription Periods cannot be terminated during such Renewal Subscription Period other than for cause as described in Section 9 below. Written notice of non-renewal must be sent no less than thirty (30) days in advance of the end of the Subscription Period. The Renewal Subscription Period will be on the current terms and conditions of this Agreement and subject to Our standard pricing at the time the Renewal Subscription Period begins. Should You decide not to renew this Agreement, You may send the notice of non-renewal to sales@civicchamps.com.9. Termination. The term for Product(s) shall be as set forth in the Order (the “Effective Date”). Renewal rates are based on pricing in effect on the renewal date and pricing is subject to change at any time except where stated in the Order. This Agreement may be terminated by either party at any time upon thirty (30) days’ prior notice for any reason, in which case You shall immediately pay to the Company all amounts due through the effective date stated in such cancellation notice. The Company has the right to terminate this Agreement immediately in the event of any breach by You of this Agreement, in which event all amounts due through the Term stated on the Order shall be immediately due.
   9. Refunds: As a general matter, the Company does not provide refunds for Products after a Product is purchased except for the following reason: an error in our systems/processes causes you to be charged an incorrect amount. The Company further reserves the right to make refunds at any time in connection with cases of fraud, abuse, and in other limited instances. All refund requests must be in writing (via email) and include your name, address, e-mail address, community name, and the reasons you are requesting a refund. Please send all refund requests to sales@civicchamps.com. The Company is not responsible for refund requests that are not timely received in accordance with this policy for any reason, including without limitation, Web congestion, addressing mistakes, computer or Internet downtime, or requests submitted by phone or any other manner not expressly provided for in this policy. Company reserves the right to finally determine in its sole discretion whether the criteria for a refund set forth in this policy have been satisfied and to request any additional information relevant to such request.
   10. Ownership of Intellectual Property: Civic Champs, Inc. will retain all interest in and to the Service, including all documentation, modifications, improvements, upgrades, derivative works, and all other Intellectual Property rights in connection with the Service, including Civic Champs, Inc.’s name, logos. and trademarks reproduced through the Service.
   11. Miscellaneous. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable by you except with Company’s prior written consent. The Company may transfer and assign any of its rights and obligations under this Agreement without consent. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; and upon receipt, if sent by certified or registered mail, return receipt requested. This Agreement shall be governed by the laws of the State of Indiana without regard to its conflict of laws provisions. You and Company agree that any judicial proceedings will be brought in the federal or state courts in Indiana and both parties consent to venue and personal jurisdiction thereunder.