Commerce Terms

The following SparkFellowship Commerce Terms ("Commerce Terms") govern your use of SparkFellowship's commerce features including Online Giving to Churches and Ministries (collectively "Ministry Accounts"), Event Registration Fees, and Illuminate Design Studio Bill Pay.

By accessing or using any of the Commerce Features you agree that you have read and agree to follow all the Commerce Terms. If you are an individual representing a Church, Ministry, business, or organization, you agree and warrant that you have the authority to accept these Commerce Terms on behalf of the entity you represent.

If you do not agree to the Commerce Terms, so not use or access the Commerce Features in part or full. In addition to the Commerce Terms, the SparkFellowship Terms of Service also apply to your use of the SparkFellowship Services, including any Commerce Features. If a conflict exists between the Commerce Terms and the Terms of Service, these Commerce Terms supersede the Terms of Service to the extent of the conflict.

I. Online Giving to Churches and Ministries

The Following Terms apply to your use of the Online Giving Features.

A. YOUR RELATIONSHIP WITH THE MINISTRY ACCOUNT

When you make a monetary online donation via the Online Giving Features ("Donation"), you are donating directly to the Ministry Account, and not to SparkFellowship. All disputes, refunds, customer service inquiries, complaints, problems, and other issues will be directed at the Ministry Account who received the initial donation. SparkFellowship does not handle disputes on behalf of the Ministry Account. If you report any customer service issues relating to an Online Donation, we may forward the communication to the appropriate Ministry Account.

SparkFellowship uses the third party payment processors Braintree Payments (Terms & Conditions - https://www.braintreepayments.com/legal) and Authorize.Net (Terms & Conditions - http://www.authorize.net/company/terms/). Although SparkFellowship does not charge a fee to make Donations, Braintree Payments or Authorize.Net may charge a fee of up to 2.9% + $0.30 per Donation. These fees are deducted automatically by Braintree Payments from each Donation, so you will never be charged more than the amount you've pledged. SparkFellowship is not the same company as Braintree Payments, and they may change their fees without notice from us. Please check Braintree Payments' website for more information or contact the Ministry Account you'd like to donate to to determine their contracted fee with Braintree Payments.

B. One-time and Recurring Giving

SparkFellowship allows you to make a Donation to Ministry Accounts on a One-time (single occurrence) or Recurring (monthly occurrence) basis. One-time Donations are processed at the time of the Donation, and will only be processed once. Recurring Donations are originally processed on the next occurrence of the specified day of the month the user has designated for the Donation. For example, if a user created a Recurring Donation on the 13th of the month, and designates that they want their Donation to be processed on the 15th of every month, the first Donation will occur two days from the original Recurring Donation creation, and will be processed once a month on the 15th day, until the Recurring Donation is canceled. Each Recurring Donation transaction will be processed on the designated day of each month, to the Credit or Debit Card selected under your Recurring Giving settings of your account. You can update the Credit or Debit Card to be charged at any point.

By creating a Recurring Donation you agree to Donate the designated amount in full, once per month on the designated day of the month. You also agree to keep your Credit or Debit Card information up-to-date and valid to avoid unsuccessfully charged Donations.

C. Managing and Canceling Recurring Giving

Once you create a Recurring Giving plan for a Ministry Account you will find details about the plan under the Giving section of your SparkFellowship account. The Giving section allows you to view Credit or Debit Card details for the plan, the next day your Donation will process, and the amount of the Donation each month as well as manage the Credit or Debit Card to be charged, change the amount, designation, or notes of a Recurring Giving Plan, or cancel the Recurring Giving plan.

You agree that all changes made to an existing Recurring Giving plan take effect from the moment the changes are made, and do not effect any previous Donations generated from the Recurring Giving Plan. For example, if you change the amount of a Recurring Donation from $30.00 to $20.00, all subsequent Donations will be in the amount of $20.00, while the previously processed Donations will remain in the amount of $30.00. Changing the amount will not provide you with a refund for past Donations.

If you decide to cancel a Recurring Donation, you agree to remain responsible for all previously processed Donations. Even if a Donation has processed the same day that you cancel a Recurring Donation you agree to pay the full amount of that Donation. In the case of a dispute, please address the Ministry Account involved.

D. Refunds

All SparkFellowship Donations, both Recurring and One-Time, are non-refundable. No refund, partial or whole, will be made once a Donation has been made and/or processed. Once a Donation is made, it is non-refundable and non-transferable. No refund will be made once a Donation is made.

E. Designations

When creating and managing Donations you may be given the opportunity to designate Giving Areas that you'd like the donation to be applied towards or add giving notes. You agree that the Ministry Account has the full right to use each donation in the best way they see fit, and release them from all obligation to use Donations within the designated or implied manner. By Donating to a Ministry Account you place trust in that Ministry Account to spend, save, transfer, use, invest, or donate the full amount of your Donation in the manner deemed appropriate by the Ministry Account, in accordance with local, state, federal, and international law.

F. Eligibility

In order to make Donations to Ministry Accounts you verify the following: (i) You have included accurate contact information for the identification and record keeping of your Donation. If you are a SparkFellowship user, this includes your full name and email address. Donors without a SparkFellowship account must include a valid email address. You will not impersonate another person or entity or supply misleading information about the donor's identity. (ii) You agree that you are at least 18 years old and able to form legally binding contracts under applicable law.

G. Payment and Transactions

You confirm and warrant that you have the appropriate authorization to use the Credit or Debit Card provided for a Donation. You also agree to only use valid, active Credit or Debit Cards accepted by the SparkFellowship Services (Visa, MasterCard, Discover, American Express, and JCB). You are fully responsible for the full amount of the Donation, including any taxes and fees. You authorize SparkFellowship to collect and transfer your payment information, as described in our Privacy Policy.

You are responsible for any fees issued by your Credit or Debit Card issuer, including overdraft, currency conversion, transaction fees, interest, or other fees.
You agree that SparkFellowship will share your contact information, name, and Donation details with the Ministry Account.

SparkFellowship provides receipts for each Donation to your provided email address. SparkFellowship will not be held responsible if email based receipts can not be delivered for any reason, including technical issues, incorrectly provided email address, or spam filters.

H. SparkFellowship as a Platform

SparkFellowship provides the platform for Ministry Account Donations as set forth in these Commerce Terms and the SparkFellowship Terms of Service. SparkFellowship assumes no responsibility or liability for the representation of a Ministry Account, their actions, or any dispute or communications you have with the Ministry Account.

I. Issues and Disputes

You agree that the applicable Ministry Account, and not SparkFellowship, will take full responsibility for the resolution of any unauthorized transaction claims or any other transaction disputes. You agree to contact the Ministry Account directly to resolve any such transaction claims, concerns, or disputes.

II. Event Registration Fees

The Following Terms apply to your use of the Event Registration Features.

A. YOUR RELATIONSHIP WITH THE MINISTRY ACCOUNT

When you register online for a Ministry Account Event which includes a Registration Fee via the Event Registration Features ("Event Payment"), you are purchasing directly from the Ministry Account, and not from SparkFellowship. All disputes, refunds, customer service inquiries, complaints, problems, and other issues will be directed at the Ministry Account who received the initial Event Payment. SparkFellowship does not handle disputes on behalf of the Ministry Account. If you report any customer service issues relating to an Event Payment, we may forward the communication to the appropriate Ministry Account.

SparkFellowship uses the third party payment processor Braintree Payments (Terms & Conditions - https://www.braintreepayments.com/legal). Although SparkFellowship does not charge a fee to process Event Payments, Braintree Payments may charge a fee of up to 2.9% + $0.30 per Event Payment. These fees are deducted automatically by Braintree Payments from each Event Payment, so you will never be charged more than the amount you've pledged. SparkFellowship is not the same company as Braintree Payments, and they may change their fees without notice from us. Please check Braintree Payments' website for more information or contact the Ministry Account you'd like to donate to to determine their contracted fee with Braintree Payments.

B. Event Payments

SparkFellowship allows you to make Event Payments while registering for Ministry Account Events through the SparkFellowship Services. SparkFellowship calculates the total amount of the Event Payment based on the amount the Ministry Account has associated with the Event and the number of registration spots or tickets you are registering for. You agree to pay the full amount due, which includes the amount calculated by SparkFellowship plus any applicable fees and taxes.

C. Refunds

All SparkFellowship Event Payments are non-refundable. No refund, partial or whole, will be made once an Event Payment has been made and/or processed. Once an Event Payment is made, it is non-refundable and non-transferable. No refund will be made once an Event Payment is made.

D. Eligibility

In order to make Event Payments to Ministry Accounts you verify the following: (i) You have included accurate contact information for the identification and record keeping of your Event Payment. If you are a SparkFellowship user, this includes your full name and email address. Event Payers without a SparkFellowship account must include a valid email address. You will not impersonate another person or entity or supply misleading information about the donor's identity. (ii) You agree that you are at least 18 years old and able to form legally binding contracts under applicable law.

E. Payment and Transactions

You confirm and warrant that you have the appropriate authorization to use the Credit or Debit Card provided for an Event Payment. You also agree to only use valid, active Credit or Debit Cards accepted by the SparkFellowship Services (Visa, MasterCard, Discover, American Express, and JCB). You are fully responsible for the full amount of the Event Payment, including any taxes and fees. You authorize SparkFellowship to collect and transfer your payment information, as described in our Privacy Policy.
You are responsible for any fees issued by your Credit or Debit Card issuer, including overdraft, currency conversion, transaction fees, interest, or other fees.
You agree that SparkFellowship will share your contact information, name, and Event Payment details with the Ministry Account.
SparkFellowship provides receipts for each Event Payment to your provided email address. SparkFellowship will not be held responsible if email based receipts can not be delivered for any reason, including technical issues, incorrectly provided email address, or spam filters.

F. SparkFellowship as a Platform

SparkFellowship provides the platform for Ministry Account Event Payments as set forth in these Commerce Terms and the SparkFellowship Terms of Service. SparkFellowship assumes no responsibility or liability for the representation of a Ministry Account, their actions, or any dispute or communications you have with the Ministry Account.

G. Issues and Disputes

III. Bill Pay

The Following Terms apply to your use of the Bill Pay Features.

A. YOUR RELATIONSHIP WITH SPARKFELLOWSHIP

Illuminate Design Studio Clients who have registered for a SparkFellowship account have the ability to pay their Illuminate Design Studio Bills through the SparkFellowship Services. These bills may be related to Web design services, graphic design, support, Radiate Ministry, Radiate Plus, SparkFellowship services, or any other goods and services provided under the Illuminate Design Studio name. You may use the Bill Pay Features to pay invoices charged to you personally or the company, organization, government, or other entity (known as "Business Account") you have the authority to represent. By using the Bill Pay Features you warrant and guarantee that you have the necessary rights and authority to represent the entity benefiting from the Bill Pay Services.

You agree to allow SparkFellowship to display, transfer, and share transaction data, payment information, Bill Pay account balances, billing details, and other Bill Pay information with SparkFellowship staff for support purposes, as well as other SparkFellowship users who have been granted the appropriate authority to view such information. For example, if you pay a bill online, you may allow your company accountant to view the details of the transaction. You also agree to allow SparkFellowship to send receipts and other automated email correspondence to you and other authorized users whenever a transaction has been processed, a new bill has been generated, or other automated Bill Pay Services are rendered or executed.

You also agree to allow SparkFellowship to manipulate your account and account balance by adding bills and charges, manually entering payment credit for checks or cash payments, assigning credit to your account, or any other method of altercation that may affect the total amount due, remaining balance, or credit remaining for your account.

By using the SparkFellowship Bill Pay Services you also allow for and agree to the storage of Credit or Debit Card Information, including, but not limited to, card holder name, Credit or Debit Card number, CVV, expiration date, card type, zip code associated with the Card, and your email address as well as the displaying of such information to other users authorized to use and access Bill Pay Services for your Business Account. You agree to allow all users authorized to use and access Bill Pay Services for your Business Account to use any Credit or Debit Cards stored in the Braintree Payments Vault to use such Credit or Debit Cards to create payment transactions through SparkFellowship Services.

SparkFellowship uses the third party payment processor Braintree Payments (Terms & Conditions - https://www.braintreepayments.com/legal).

B. One-time and Recurring Payments

SparkFellowship allows you to make payments on a one-time, single transaction basis (known as "Payment") or through a recurring plan, which generate payment transactions once per billing cycle (known as "Product"). Collectively, the Credit or Debit Card transactions of Payments and Products are known as "Transactions."

Payments: Users may create Payment transactions at any time through the SparkFellowship Services using a valid Credit or Debit Card. These payments may be created with a new Credit or Debit Card or a Credit or Debit Card that has been stored in Braintree Payment's Vault. SparkFellowship does not store individual Credit or Debit Card information, but we do access Braintree Payment's Vault through their provided API.

Payments that are created and processed are a one-time Transaction that will not repeat. If your payment information is accepted by SparkFellowship and Braintree Payments, your account will be credited the full amount of the transaction. If your payment information is denied, for any reason, your account will not be credited any amount. Please contact SparkFellowship if you have trouble processing transactions. You agree to allow SparkFellowship to process your supplied Credit or Debit Card in the full amount you've submitted to pay.

Products: Recurring transactions are processed one per billing cycle for each Product assigned to and confirmed by your Business Account. The billing cycle is established by SparkFellowship and confirmed by you or your authorized Business Account users when you set up each Product. Products may include, but are not limited to, subscriptions to Radiate Ministry or Radiate Plus, yearly hosting fees, or quarterly payment plans for updates. Once a Product has been assigned to your Business Account and you or an authorized user have confirmed the Product and assigned a Credit or Debit Card to be charged the Product is considered to be an active subscription. You agree and authorize SparkFellowship to charge the designated Credit or Debit Card once per billing cycle for each active subscription assigned to your Business Account. You agree to keep the Credit or Debit Card details up-to-date so that the transactions may be processed. If your Credit or Debit card is ever charged unsuccessfully you agree to allow SparkFellowship to retry the transaction until the charge is successful. We may send you email correspondence relating to failed transactions with recommendations to remedy the situation.

You allow SparkFellowship to store any Credit or Debit Card assigned to a Product in the Braintree Payments Vault so that it may be authorized for payment during each billing cycle.

C. Refunds

All SparkFellowship Transactions are non-refundable. No refund, partial or whole, will be made once a Transaction has been made and/or processed. Once a Transaction is made, it is non-refundable and non-transferable. No refund will be made once a Transaction is made. Once a Transaction is processed, the full amount of the Transaction will be applied to your Business Account, and if the total amount of payments in excess of the total amount that has been billed then the total amount of excess will be displayed as a credit remaining on your Business Account. This credit remaining may be used to pay for future work, such as hourly updates, design work, programming, or other Illuminate Design Studio bills. This credit will not be used as a credit toward any recurring Product payments, and you agree and authorize SparkFellowship to charge your Credit or Debit Cards for any and all Products once per billing cycle even if your Business Account has a credit.

D. Eligibility

In order to process Transactions on the SparkFellowship Services you verify the following: (i) You have included accurate contact information for the identification and record keeping of your Transactions. This includes your full name and email address. You will not impersonate another person or entity or supply misleading information about the payor's identity. (ii) You agree that you are at least 18 years old and able to form legally binding contracts under applicable law.

E. Payment and Transactions

You confirm and warrant that you have the appropriate authorization to use the Credit or Debit Card provided for a Transactions. You also agree to only use valid, active Credit or Debit Cards accepted by the SparkFellowship Services (Visa, MasterCard, Discover, American Express, and JCB). You are fully responsible for the full amount of the Transactions, including any taxes and fees. You authorize SparkFellowship to collect and transfer your payment information, as described in our Privacy Policy.

SparkFellowship provides receipts for each Transaction to your provided email address and other authorized users of the Business Account. SparkFellowship will not be held responsible if email based receipts can not be delivered for any reason, including technical issues, incorrectly provided email address, or spam filters.

F. SparkFellowship as a Platform

SparkFellowship provides the platform for Transactions as set forth in these Commerce Terms and the SparkFellowship Terms of Service.

G. Issues and Disputes

You agree to contact SparkFellowship for the resolution of any unauthorized transaction claims or any other transaction disputes. You agree to contact SparkFellowship directly to resolve any such transaction claims, concerns, or disputes.

IV. TERMS APPLICABLE TO ALL COMMERCE FEATURES

The Following Terms supplement the the Terms listed in Sections I, II, and III of these Commerce Terms and apply to the access and use of all the Commerce Services, including Online Giving, Event Registration, and Bill Pay.

A. Actions We May Take

1. The Right to Block or Limit Usage - You agree that SparkFellowship has the full right to limit or prohibit your access and use of the Commerce Features at any time and without notice. In order to prevent fraud or financial loss to you, us, Ministry Accounts, or Business Accounts we may limit your ability to use the Commerce Services or suspend or deactivate your SparkFellowship account. Any such action does not remove your prior obligation to pay your Business Account bill, pledged donations, Event Registration costs, or other SparkFellowship transactions.

2. Adding, Modifying, Suspending, or Discontinuing Services - SparkFellowship has the right to add, modify, suspend, discontinue, or impose limits on the Commerce Features, or any portion of the Commerce Features, at any time without notice to you. SparkFellowship also has the right to terminate, modify, discontinue, or add Recurring Products to your Business Account without notice.

B. DICLAIMER OF WARRANTIES AND LIABILITY LIMITATIONS

1. DISCLAIMERS - SPARKFELLOWSHIP'S COMMERCE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS. YOUR USE OF THE COMMERCE FEATURES IS AT YOUR SOLE RISK. ILLUMINATE DESIGN STUDIO AND SPARK FELLOWSHIP AND ITS RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS (COLLECTIVELY THE "SPARKFELLOWSHIP ENTITIES"), DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING ALL IMPLIED WARRANTEES OF QUALITY, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES AS A RESULT FROM THE COURSE OF DEALING, USAGE, OR TRADE PRACTICE, IN CONNECTION WITH ANY OF THE COMMERCE FEATURES OR THESE COMMERCE TERMS. NEITHER SPARKFELLOWSHIP NOR THE SPARKFELLOWSHIP ENTITIES WARRANT THAT THE SERVICES OR USE OF THE COMMERCE FEATURES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY BE ENTITLED TO SOME WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THESE COMMERCE TERMS, UNLESS SUCH A LAW PROVIDES OTHERWISE.

2. LIMITATION OF LIABILITY - IN NO CIRCUMSTANCE WITH SPARKFELLOWSHIP OR ANY OF THE SPARKFELLOWSHIP ENTITIES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR INCIDENTAL DAMAGES; ANY LOSS OF USE, BUSINESS, OR GOODWILL; OR CORRUPTION, LOSS, OR INTERRUPTION OF DATA OR NETWORKS AS A CONSEQUENCE OF OR IN CONNECTION WITH THE USE OR ACCESS OF THE COMMERCE FEATURES OR THESE COMMERCE TERMS.
i. NOTWITHSTANDING THE ABOVE, THE AGGREGATE LIABILITY OF SPARKFELLOWSHIP AND THE SPARKFELLOWSHIP ENTITIES IN REGARDS TO THE COMMERCE FEATURES AND THESE COMMERCE TERMS WILL NOT EXCEED FIFTY UNITED STATES DOLLARS ($50.00 USD).
ii. THE ABOVE LIMITATIONS, DISCLAIMERS, AND EXCLUSIONS SHALL APPLY TO ANY AND ALL CLAIMS, REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WETHER OR NOT THE PARTY HAS BEEN INFORMED OF POSSIBLE SUCH DAMAGE OR LOSS. IF APPLICABLE LAW PROHIBITS ANY LIMITATION ON LIABILITY THE PARTIES AGREE THAT SUCH LIMITATIONS WILL BE AUTOMATICALLY MODIFIED TO THE MINIMUM EXTENT SO AS TO MAKE THE LIMITATIONS COMPLIANT WITH APPLICABLE LAW. THE PARTIES AGREE THAT THE LIMITATIONS ON LIABILITY PRESENTED WITHIN THESE COMMERCE TERMS ARE AGREED ALLOCATIONS OF RISK AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

C. ADDITIONAL TERMS

1. Entire Agreement - These Commerce Terms represent the entire agreement between the parties in regard to the Commerce Features and supersede and merge all prior proposals, agreements, understandings, and communications.

2. Modification - Any modification to these Commerce Terms must be written and duly authorized by SparkFellowship.

3. Assignment - You may not assign any of the rights or obligations granted within these Commerce Terms voluntarily, by legal operation, contract, merger, stock, asset sale, consolidation, dissolution, government action, or otherwise, except with the written and express permission from SparkFellowship, and any attempted assignment is void.

4. No Partnership, Agency, Joint Venture - These Commerce Terms do not imply or create any partnership, agency, or joint venture.

5. Choice of Law, Jurisdiction, and Venue - These Terms and any action related thereto will be governed by the laws of the State of Georgia without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Commerce Services will be brought solely in the federal or state courts located in Atlanta, Georgia, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using the Commerce Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Georgia (excluding choice of law).

6. Injunction Relief - You agree that money damages shall be an inadequate remedy for SparkFellowship in the event of a breach or threatened breach of these Commerce Terms (and its provisions) protecting the intellectual property of SparkFellowship, and that in the event of such a breach or threatened breach, SparkFellowship is entitled to such preliminary or indicative relief, which includes an order to prohibit you from taking actions in breach of such provisions, specific performance deemed appropriate to preserve all the rights of SparkFellowship, and any other remedies it is entitled.

7. No Waiver - No Waiver by SparkFellowship of any right or agreement under these Commerce Terms will be effective unless presented in writing and duly authorized by SparkFellowship.

8. Full Force and Effect - If any part of these Commerce Terms is found to be unenforceable or invalid by a court of jurisdiction, that provision will be enforced to the maximum extent allowable under applicable law, and the remaining provisions will remain in full force and effect.

9. Amendments - SparkFellowship may change, amend, and update these Commerce Terms from time to time, without notice to you, as is deemed necessary by SparkFellowship. The Commerce Terms in place at the time you use any Commerce Features is the governing agreement between parties for the transaction.

Effective September 25, 2015