The HOLY
CONNECTION,INC Service Agreement by and between Holy
Connection Incorporated, a US corporation (the ”Company”)
with its principal business address in Fairburn, GA 30213,
(hereafter referred to as “HCI.” or “Holy Connection, Inc.”
or “Company” or Provider”, and the user/client or customer,
(hereafter referred to as “ORGANIZATION”.) Each of Holy
Connection, Inc. and Organization is a “Party” and
collectively are the “Parties” to this agreement.
WHEREAS HOLY CONNECTION, INC. is in the business of
providing various audio and video services to third parties,
including data services.
All CUSTOMERS who use HOLY CONNECTION, INC'S (HCI) basic
services are subject to the terms and conditions contained
HCI'S in the Service Agreement. The Service Agreement is a
legal contract between HOLY CONNECTION, INC and the client
that contains the rights, duties and obligations of HOLY
CONNECTION, INC and the client.
Uphold the proper use of Holy Connection, Inc. equipment,
services, and website. Avoid all copyrights infringements.
Complying with all applicable state and federal laws,
including, but not limited to, applicable restrictions
concerning copyrights and other intellectual property
rights.
The Online Copyright Infringement Liability
Limitation Act (OCILLA) creates a conditional safe harbor
for online service providers (OSPs, including Internet
service providers) and other Internet intermediaries by
shielding them for their own acts of direct copyright
infringement (when they make unauthorized copies) as well as
shielding them from potential secondary liability for the
infringing acts of others.
CUSTOMER agrees to prominently display a Holy Connection,
banner/logo on or near their personal video player, HCI’s
video player platform or website at all times.
Immediately notify Holy Connection if there is a problem
with the broadcasting unit or if changes are made to video,
audio or computer system, such that to provide Holy
Connection, Inc. ample time to correct any deficiencies.
Using the broadcasting, recording and or scheduling
services in a manner consistent with any and all applicable
laws of the State that the CUSTOMER conducts business in,
and the US Federal Government.
Holy Connection, Inc. will not be responsible for
anything which is the fault of the CUSTOMER. For example,
power outages, machine being turned off or failure to start
broadcasting or recording units. Inadequate Internet speed
or sub standard video capturing equipment (cameras, and/or
camcorders, sound systems or any other peripheral device or
equipment). Holy Connection, Inc. is also not responsible
for video or audio defects that originate from the
CUSTOMER'S source. (I. e. video and audio misalignment,
Internet signal drops, etc.) For optimal operation, please
see HCI’s minimum system requirements document.
CUSTOMER agrees to ensuring that the broadcasting
unit is turned on before starting broadcast. Starting the
broadcast; Unit should be left in the ‘on’ position to allow
HCI’s support staff to perform maintenance and assist with
tier II trouble shooting calls, concerns or issues. (Unit
can be left on at all time.
CUSTOMER agrees to assign at least one member of
CUSTOMER'S media team as ‘Tier I Support’. A prominent
location on the CUSTOMER'S website and/or any appropriate
publication will include CUSTOMER'S support contact
information. All escalated issues can be directed to Holy
Connection, Inc.’s support team via CUSTOMER'S tier I
support only.
Holy Connection is not responsible for the replacement of
any recordings, photos, documents, or any related materials
provided to Holy Connection, Inc. The CUSTOMER is solely
responsible for maintaining the masters and back-ups of all
DVD’s, CD’s and/or all recorded materials submitted for
digitizing. No materials will be returned. Once submitted
they are the property of Holy Connection, Inc.
All ITN accounts are required to run two (2) 60 second
Holy Connection promos or four (4) 30 second promos or a
combination of such, at least 2-4 times a day between the
hours of 8:00 AM and 8:00 PM.
We also encourage all CUSTOMERS to announce to their
streaming audiences that they are streaming courtesy of Holy
Connection.TV
Payment Policy:
HOLY
CONNECTION, INC. provides a courtesy automated invoice when
requested; however, the absence of an invoice does not
absolve contractual obligations.
Late Fees
A late fee of $35.00 will be assessed on the
6th day after the contractual payment due date.
Payments received after this date, without the late fee,
will be giving a courtesy reminder to submit it. NOTE: The
account will still be considered late until the late fee is
received.
Suspended Account
If payment and/or late fees have not been
received by the 20th day after the contractual
payment due date, services will be suspended and a
re-activation fee of $99.00 will be assessed. Production of
CD and DVD recordings will also be suspended until account
has been brought up to date. All payments are applied to
past due balances first and re-activation fees will be
applied, where applicable. If you have questions regarding
your account call us between the hours of 9:00 AM to 5:00 PM
Eastern Time, Monday through Friday, 1.877.353.holy (4659)or
e-mail us at
billing@holyconnectioninc.com
A suspended account will temporary remove all
Live Streaming services, Donate Buttons, Pay-Per-View
Modules, Ads, Marketing Campaigns and On Demand videos. In
addition, a notice will be posted that the account is
temporary unavailable.
General:
No Partnership or Third Party Beneficiaries.
The relationship between ORGANIZATION and HOLY CONNECTION,
INC. is that of independent contractors, and nothing in this
Agreement shall be construed to constitute the parties as
partners, joint ventures, or co-owners. Neither party shall
have the right to bind or obligate the other party.
(a)
Delays or Omissions.
No delay or omission to exercise any right, power or remedy
accruing to a party under this Agreement shall impair any
such right, power or remedy of such party nor shall it be
construed to be a waiver of any such breach or default, or
an acquiescence therein, or of any similar breach or default
thereafter occurring; nor shall any waiver of any single
breach or default be deemed a waiver of any other breach or
default theretofore or thereafter occurring. Any waiver,
permit, consent or approval of any kind or character on the
part of either party of any breach or default under this
Agreement, or any waiver on the part of either party of any
provisions or conditions of this Agreement must be made in
writing and shall be effective only to the extent
specifically set forth in such writing. All remedies,
either under this Agreement or by law or otherwise afforded
to a party, shall be cumulative and not alternative.
(b)
Binding Agreement.
This Agreement shall be binding upon the parties hereto and
their respective successors and assigns as permitted
hereunder. No person or entity other than the parties
hereto is or shall be entitled to bring any action to
enforce any provision of this Agreement against either of
the parties hereto, and the covenants and agreements set
forth in this Agreement shall be solely for the benefit of,
and shall be enforceable only by, the parties hereto or
their respective successors and assigns as permitted
hereunder.
(c)
Entire Agreement.
This Agreement, together with the schedules expressly
incorporated herein, contains the entire agreement between
the parties. Any prior negotiations, correspondence, or
understandings related to the subject matter of this
Agreement
shall be deemed to be merged in this Agreement and shall be
of no further force or effect. No modification addendum or
amendment of this Agreement shall be of any force or effect
unless in writing executed by all of the parties.
(d)
Invalidity.
The invalidity or unenforceability of any particular
provision of this Agreement shall not affect the other
provisions hereof, and the Agreement shall be construed in
all respects as if such invalid provisions were omitted.
(e)
Counterparts; Facsimile Signature.
This Agreement may be executed in any number of
counterparts, each of which when executed and delivered
shall be deemed to be an original, and all of which shall
together constitute one and the same instrument. The parties
hereto agree that transmission to the other party of this
Agreement with its facsimile signatures shall bind the party
transmitting this Agreement by facsimile in the same manner
as if such party's original signature had been delivered.
(f)
No Waiver.
Acceptance by either party of any performance less than
required hereby shall not be deemed to be a waiver of such
party to enforce all of the terms and conditions hereof. No
waiver of any such right hereunder shall be binding unless
reduced to writing and signed by the party to be charged
therewith.
(g)
Authorized Execution.
The individuals signing below each represents and warrants (i)
that he or she is authorized to execute this Agreement for
and on behalf of the party for whom he or she is signing,
(ii) that such party shall be bound in all respects hereby,
and (iii) that such execution presents no conflict with any
other agreement of such party.
(h)
Assignment; Binding Agreement.
Except as set forth herein, neither party shall assign this
Agreement, or any of the rights and obligations hereunder,
to any other person without the express written consent of
the other party, provided, however, that either party
may assign its rights and obligations to (i) a company,
partnership or other business entity wholly controlled or
owned by the party; (ii) an affiliated entity in which the
assigning party holds or owns a controlling interest
(defined as the power to vote not less than fifty percent of
such person's voting securities or ownership interest);
(iii) a purchaser of all or substantially all of the assets
of the assigning party's business; or (iv) a company into
which the party's company is merged or consolidated,
provided that notice of any such assignment is promptly
given to the non-assigning party.
NOTE: HOLY CONNECTION, INC. is also
a reseller of iPower.com With regard to domain names
and hosting plans, iPower's Terms of Service applies
Please click here to review their polices.
