Terms of Service
MyFlock.com is now free! Although after the first 30 days, the church site that has not upgraded to the paid system will contain advertisements as well as be limited to 10 members and 10 pages. To upgrade your account, you must pay the activation fee. After your low-cost one-time setup fee of $79, your first monthly service payment will not be due until the start of your website's second month online, and shall continue monthly after that. Monthly customers will be invoiced via email at the beginning of every monthly service period. If you have chosen to pay by credit card, your credit card will be billed monthly. Annual members will be automatically billed annually unless we receive written instructions otherwise.
MyFlock.com Money Back Guarantee. You may cancel your website contract at any time by contacting us at email@example.com. A JSL Solutions representative will contact you to verify your cancellation request. Upon cancellation, your website will be turned off. The $79 setup fee is fully refundable if cancellation occurs before the end of the first active month.
Please see the following complete terms of service below:
JSL Solutions , LLC & Client
This Agreement by and between JSL SOLUTIONS, LLC., a corporation duly organized and existing under the laws of the State of Arizona ("MyFlock.com"), having its principal place of business at 901 W. Silver Hill, Oro Valley, Arizona, 85737, and you, the Client (referred to as Client), existing under the laws of your respective location.
A. Strategic Relationship
1. JSL Solutions will provide an interactive community website template (including hosting) for Client with a dedicated URL determined by MyFlock.com.
3. Client and JSL Solutions agree to the functional product specification with regard to the functionality offered by the MyFlock.com website based on JSL Solutions’ technology as specified in their order confirmation.
4. JSL SOLUTIONS will be the exclusive provider to Client of private, password-protected, multi-member websites, and Client agrees that, during the term of this Agreement that Client will not develop or offer any products which are competitive with the MyFlock. com website, and Client will not re-package, resell, or in any way modify, change or offer the website or any JSL Solutions technology to any other parties without the express written permission of JSL Solutions.
5. JSL Solutions provides their systems and services as a ministry to equip other Christian ministries and churches to more effectively reach the world for Jesus Christ. The management of JSL Solutions believes that the only way to God is through his son Jesus Christ and his payment for the sins of the world by dying on a cross. JSL Solutions provides a strategic relationship with other Christian ministries that share this goal.
1. Standard Fees
Client hereby agrees to pay JSL Solutioins a first time design and set-up fee of $79. This fee shall cover the initial design and implementation of the Client’s custom myFlock.com website. Any additional changes or enhancements, as requested by Client, after the initial launch, shall be quoted separately. In addition to the above fee, Client will pay JSL Solutions a monthly hosting fee based on the package and options from the setup process (as stated in the order confirmation). An annual payment plan is also offered.
2. Excess Fees
When a Client website exceeds the activity of their monthly package, JSL Solutions will notify the Client. The Client may choose to either accept the costs associated with the excess activity based on JSL Solutions then-current package pricing, or to voluntarily limit the activity to their current package. During the month when excess activity above Client's current package occurs, Client will incur no additional charges over their then current package. The new rate shall begin with the following month's billing cycle.
3. Late Fees
When a Client is delinquent in paying the monthly (or annual) fee by the due date, JSL Solutions will levy a late fee. The late fee will not exceed the normal monthly or annual fee. JSL Solutions retains the right to cancel Client's website for nonpayment of fees.
C. Term and Termination
1. This agreement shall remain in effect on a monthly basis after the launch of the Client’s custom MyFlock.com website, unless terminated in accordance with Section C (2). This agreement automatically renews monthly at prices to be determined per the order specifications.
2. JSL Solutions MoneyBack Guarantee: Client may cancel its website contract at any time by contacting JSL Solutions at firstname.lastname@example.org. A JSL Solutions representative will contact the Client to verify the cancellation request. Upon cancellation, Client's website will be turned off. The $27 setup fee is fully refundable before the end of the first active month.
3. JSL Solutions retains the right to cancel Client's website for nonpayment, nonpayment of excess fees (when Client website activity exceeds selected billing package), or inappropriate use (see Miscellaneous, section 6 "Inappropriate Use).
D. Representations and Warranties of Client
1. Client has full corporate authority and has taken all necessary corporate action to authorize the acceptance of this Agreement and the performance of its obligations hereunder, and, when accepted, this Agreement will constitute the valid and binding obligation of Client, enforceable against Client in accordance with its terms.
2. The acceptance of this Agreement by Client, and the performance of its obligations hereunder, will not violate the terms of, or cause a default under, any other agreement or instrument binding on Client or any of its property, and no consent shall be required of any person that has not been obtained for the acceptance of, and performance under, this Agreement by Client.
E. Representation and Warranties of JSL Solutions
- JSL Solutions has full corporate authority and has taken all necessary corporate action to authorize the acceptance of this Agreement and the performance of its obligations hereunder, and when accepted, this Agreement will constitute the valid and binding obligation of JSL Solutions, enforceable against JSL Solutions in accordance with its terms.
- The acceptance of this Agreement by JSL Solutions, and the performance of its obligations hereunder, will not violate the terms of, or cause a default under, any other agreement or instrument binding on JSL Solutions or any of its property, and no consent shall be required of any person that has not been obtained for the acceptance of, and performance under, this Agreement by JSL Solutions.
- Upon launch of the myFlock.com website, JSL Solutions shall use commercially reasonable efforts to have the myFlock.com website available 24 hours a day, 7 days a week, provided that, from time to time, JSL Solutions may schedule reasonable downtime in order to accomplish necessary maintenance or facility improvements, which shall not constitute unscheduled downtime for purposes of Section E.4 below. For purposes of Sections E.3 and E.4, the website shall be deemed available when the central, on-line application is able to process transactions.
- In the event that unscheduled downtime occurs, it will be difficult to calculate the damages, if any, incurred by Client. Therefore, in the event of such unscheduled downtime, JSL Solutions will pay Client the following amounts, as liquidated damages and not as penalty:
- In the event the myFlock.com website is available less than 95% of the time in a given calendar month due to unscheduled downtime within JSL Solutions' reasonable control, JSL Solutions will issue a credit to Client in an amount equal to the pro-rata percentage of such unscheduled downtime against the then current monthly hosting fee.
- The foregoing credit shall be JSL Solutions' sole liability to Client, and Client's sole remedy from JSL Solutions for any such unscheduled downtime. JSL Solutions shall have no liability to Client under this provision for non-availability of the myFlock.com website due to causes that are beyond JSL Solutions' reasonable control.
F. Public Announcements; Confidentiality
1. Each party shall have the right to individually publicly announce the existence of the strategic relationship established by this Agreement.
2. Mutual Confidentiality
Except as otherwise contained in Section F.1 above, and except as otherwise required by law, including the disclosure requirements of any applicable securities laws, the terms of this Agreement shall not be disclosed to any other person without the consent of each of the parties hereto; provided, however, if such disclosure is so required by law, the party producing or directing the production of such information shall use all reasonable efforts to provide the other party with notice of such disclosure and a reasonable opportunity to comment upon, limit or contest such disclosure.
3. Client Confidentiality
Client shall hold in strict confidence and shall not disclose to others or use, either before or after termination or expiration of this Agreement, any technical or business information, servicing information, customer lists, marketing information, design information, manufacturing technique, process, experimental work, trade secret or other confidential matter relating to JSL Solutions or its products. Client shall, upon request (and upon termination or expiration of this Agreement without request), deliver to JSL Solutions any and all notes, documents and materials received from JSL Solutions or prepared by or on behalf of Client from information provided by or on behalf of JSL Solutions.
G. MyFlock.com Website Product Delivery
JSL Solutions intends to launch the Client's myFlock.com website within 30 days and no later than 60 days after receiving the one-time setup fee of $27 from the Client.
H. Terms of Payment.
Payment for the services described in this agreement shall be made as follows:
- Upfront customization and set-up fee: Payment of 100% of the set-up fee shall be due before construction will begins on the Client’s custom MyFlock.com website. The monthly service fee shall be payable at the beginning of every monthly service period. MyFlock.com first month is free. This means that the first monthly service payment will not be due until the start of your second month.
1. Currency and Pricing. All currency cited in this agreement is US currency. From time to time JSL Solutions may change its prices or pricing policies. If such an event occurs, the Client will receive a minimum of 45-days prior notification of any such changes.
2. Expenses. Except as otherwise specified herein, each of the parties hereto shall pay its own expenses in connection with the transactions contemplated herein, including, but not limited to, travel and other related expenses associated with the acceptance and fulfillment of this Agreement and the costs associated with the launch, if any, of the MyFlock.com website on the Client Site.
3. Notices. Client may give notice to the Company in writing at the addresses set forth below or by facsimile at the facsimile number set forth below, unless a change of address or facsimile number has been provided in writing to the Client. JSL Solutions, LLC shall provide all notices to the address listed in the contact information received and confirmed for the MyFlock.com product. Notices in writing shall be deemed delivered upon actual receipt and by facsimile upon generation of a standard transmission confirmation:
If to JSL Solutions:
JSL Solutions, LLC
PO Box 68052
Oro Valley, Arizona 85737 USA
Attention: Steve Lacy
Facsimile No: (413) 375-3919
4. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Arizona, United States of America, without regard to its conflict-of-laws rules. If any portion of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect and shall be valid and enforceable according to its terms.
5. Pledges. Any solicitation of charitable contributions using the Client’s custom myFlock.com website is subject to registration and regulation by statute in approximately 38 states. Several of these states' statutes consider the solicitation to be made where the donor resides, and to have occurred whether or not a contribution is made. Since the custom myFlock.com websites are not limited to a single state or states, use of its pledge tools could require your organization to register in multiple states. The Client is responsible for consulting their own legal advisor as to the necessity and method of registering its particular situation. Neither JSL Solutions nor its partners are responsible for assisting the Client’s organization in such registration process or for any liability for failure to do so properly.
6. Inappropriate Use. JSL Solutions expressly prohibits the use of the myFlock.com domain name or system with any adult-content related websites or other inappropriate sites. Any use of the JSL Solutions systems including blogs, forums, chat rooms, and associated web pages that is considered offensive or immoral by existing member organizations or JSL Solutions is prohibited. Any inappropriate use of the myFlock.com product is subject to review and possible termination at the discretion of JSL Solutions.
7. Entire Agreement. This Agreement contains the full and final understanding between the parties hereto and is intended as an integration of all prior negotiations and understandings between the parties hereto, unless otherwise provided for herein. No change or modification to this Agreement shall be valid unless in writing and signed by all parties hereto. No waiver of any provision of this Agreement shall be valid unless in writing and signed by the party granting such waiver.
8. Non-Waiver. No waiver of any default shall constitute a waiver of default on a future occasion, and no delay or omission shall preclude the exercise of any remedy provided herein, or the exercise of any other right or remedy.
9. Binding Effect; No Assignment. The terms, conditions, representations and warranties of this Agreement shall survive the acceptance hereof and shall be binding upon the parties, their respective successors and assigns, heirs and personal representatives. This Agreement may not be assigned, in whole or in part, to any other person without the express written consent of the other party hereto.
10. Attorney’s Fees. If either party breaches any provision of this Agreement, or the representations, warranties or covenants contained herein, or legal action is required to enforce a party’s rights hereunder, then the prevailing party in such action shall be entitled to reimbursement from the non-prevailing party for the prevailing party’s attorney’s fees incurred in connection with such breach, or the enforcement or protection of rights herein, whether such attorney’s fees are incurred in or out of court, on appeal, in arbitration, in bankruptcy court or otherwise.
11. Arbitration. Any controversy or claim arising out of or relating to this Agreement that arises after the acceptance of this Agreement shall be settled through binding arbitration conducted in Tucson, Arizona in accordance with, and by three arbitrators appointed pursuant to, the Rules of the American Arbitration Association then in effect, unless the parties otherwise agree, and judgment upon the award rendered pursuant thereto may be entered in any court having jurisdiction hereof, and all right or remedies of the parties hereto, or any of them, to the contrary are hereby expressly waived.
12. Force Majeure. If the performance of any of JSL Solutions' obligations under this Agreement is prevented, restricted or interfaced with by reason of (a) war, revolution, civil commotion, act of public enemy, blockade, embargo, strike, labor dispute, act of God, fire, riot, sabotage, flood, earthquake, epidemic, delay in transportation, breakdown of essential machinery, shortage of power, labor, materials or supplies, failure of delivery by JSL Solutions' suppliers, or (b) any law, order, proclamation, regulation, ordinance, demand, or requirement having a legal effect of any government or any judicial authority or representative of any such government, or (c) any other act whatsoever, whether similar or dissimilar to those referred to in this Section I.11, which is beyond the reasonable control of JSL Solutions, then it shall, upon giving written notice to Client, be excused from such performance to the extent of such prevention, restriction, or interference, and shall have no liability as a result thereof.
13. Title & Rights. JSL Solutions owns all the rights, title, and interest in and to the MyFlock.com website, including all software, website designs, and related technology. Client will not use such myFlock.com website except in accordance with this agreement and will not have the right to sublicense or sell this technology to a third party. Upon termination or expiration of this Agreement, Client will have no rights relating to the myFlock.com website, any other JSL Solutions product, or any of JSL Solutions' proprietary information, including but not limited to any of JSL Solutions patents, copyrights, trademarks, or other intellectual property rights.