Spark Terms and Conditions

General conditions of the CiviCRM hosting service provided by CiviCRM LLC

The following Terms and Conditions ("Terms") apply to all clients of the CiviCRM hosting services ("Services") provided by CiviCRM LLC. By subscribing to the hosting of CiviCRM LLC, including subscriptions by a third-party (partner, reseller or other intermediary), you accept the Terms described in this document.

Software updates

CiviCRM LLC manages the technicalities related to the installation and upgrades of the software (CiviCRM, the content management system, their modules or extensions). To ensure the security of your data and the quality of the service, CiviCRM LLC automatically runs upgrades when necessary. While reasonable precautions are taken to ensure smooth upgrades, they may change how the software works or cause service interruptions.

Backups

Backups are done on a daily basis. This includes the files and the databases required by CiviCRM. A minimum of 30 days of backups are kept.

Requests to restore from a backup are subject to a fee of $50 USD.

Confidentiality

All parties will commit to take all reasonable measures to protect the confidentiality of all information obtained as part of the agreement:

• ensure that all passwords are kept private;
• choose reasonably secure (hard to guess) passwords;
• to not re-use the same passwords used on other services;
• to avoid sharing accounts between multiple people, so that system accesses can be more easily audited;
• protect all backups;
• use secure communication tools for the exchange of any confidential information (or of information that provides access to confidential information);
• share access credentials or permissions on a need to know basis;
• CiviCRM LLC will use the information and permissions obtained only to resolve the clearly defined tasks that were requested.
• CiviCRM LLC does not share or monetize through third-parties any client information.

As part of the services provided by CiviCRM LLC (ex: upgrades, technical support), the Client authorizes the employees or contractors of CiviCRM LLC to access its instance of CiviCRM in order to do the tasks at hand, as part of the conditions outlined in this document.

Acceptable use policy

Services must not be used in creating, facilitating, or attempting, the intentional or unintentional criminal or civil violation of federal, state or other applicable laws or regulations. This includes infringing copyrights, trademarks or patents, transmitting offensive materials including hateful or defamatory material, violating personal privacy.

Services must not be used in creating, facilitating, or attempting (successfully or unsuccessfully) the violation of the security or integrity of the service or other system of CiviCRM LLC or others.

Services must not be used in sending a message to any person who does not wish to receive it (spam).

CiviCRM LLC reserves the right to prohibit activities that violate this Acceptable Use Policy (AUP) or may damage its reputation. Violation of this AUP (either direct, indirect or commited by a third party) entitles CiviCRM LLC to remove immediately the offending material, establish immediate or temporary filtering, deny access, suspend or terminate Services, or take any other appropriate action, as determined by CiviCRM LLC in its sole discretion.

Payment

• Payment must be sent by recurring monthly credit card transactions, at the beginning of the billing cycle.
• Accounts are suspended automatically after 15 days due to non-payment.
• An account recovery fee of $50 will be charged to restore a suspended account.
• All prices are in United-States dollars (USD), unless indicated otherwise.

Changes to fees

• While CiviCRM LLC aims to keep the fees as low as possible, CiviCRM LLC may change its fees to ensure the viability of the service. Any change to fees will be communicated sixty (60) days before the next billing cycle.

Termination

• If the Client wishes to cancel the hosting agreement, they must inform CiviCRM LLC by email as soon as possible.
• On demand of the Client, CiviCRM LLC will provide a full copy of the database and files of the Client.
• Client data will be deleted within thirty (30) days following the termination of the service.

Satisfaction guarantee

The Client has thirty (30) days after the creation of the account to cancel it with full reimbursement.

Conflicts and arbitrage

In case of disagreement or conflict that cannot be resolved by email, phone or other forms of direct communication, the parties will request in good faith the services of a mediator before starting any legal procedures.

General

We may revise these Terms from time to time. The latest terms will be available at https://civicrm.org/spark-terms-and-conditions. When legally or technically possible, we will notify you by e-mail 30 days in advance of making effective changes to these Terms. If you don't agree with the new terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

Disclaimer

Other than as expressly set out in these Terms or Additional Terms, neither CiviCRM LLC nor its partners, suppliers or extension providers make any specific promises about the Services. We don't make any commitments about the content within the Services, the specific function of the Services, or their reliability, legality, availability, or ability to meet your needs. We provide the Services "AS IS" and you use them at your own risk. To the extent permitted by law, we disclaim all warranties, express or implied, including, without limitation the warranties of merchantability, fitness for a particular purposes, and noninfringement.

Limitation of Liability

To the fullest extent permitted by law, CiviCRM LLC and CiviCRM's partners, suppliers and extension providers will not be responsible (under any legal or equitable theory) for: (1) lost profits, revenues, or data, financial losses, or indirect, special, consequential, exemplary or punitive damages; or (2) any amounts (in the aggregate) in excess of the amount you paid us to use the Services, or (3) any loss or damage that is not reasonably foreseeable or that is outside of their reasonable control.