Terms of Service
We (the folks at Simple) run a platform used for processing payments and managing donations for faith-based organizations ("Customers"). We love what we do and would love for you to use our service.
By using Simple ("Service"), you are agreeing to be bound by the following terms and conditions ("Terms of Service") related to your use of our website and services.
440 West, LLC, d/b/a Simple, ("Company") reserves the right to update and change these Terms of Service without notice.
We collect several different types of personal data in order to provide the most simple to use giving solution to churches. Typically, when an organization signs up to use our services we collect information about that organization, and a primary representative's personal information. We use this to comply with U.S. KYC (Know Your Customer) and AML (Anti-Money Laundering) laws.
Naturally, we collect information about individual donors and their donation / transaction history. We strive to collect a minimal amount of information in order to process payments -- but requires at least the following of a donor's:
- You are responsible for creating an account in order to use the Services.
- You must provide your organization's full legal name, a valid email address, and any other information requested in order to complete the signup process.
- You represent and warrant that all information you provide, including your organization's full legal name, your name, addresses, credit card numbers, bank details, and other identifying information is true, complete and accurate.
- Your login may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.
- You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
- You are responsible for maintaining the security of your account. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You authorize Company to store payment credentials for future transactions.
- You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to copyright laws).
Payment, Refunds, Upgrading and Downgrading Terms
- The Service is offered with a free trial for one account. If you need more than one account, you will only be able to continue using the Service by paying in advance for additional usage. If you fail to pay for additional usage, your account will be frozen and inaccessible until payment is made.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. Where required, The Company will collect those taxes on behalf of taxing authority and remit those taxes to taxing authorities.
Cancellation and Termination
- Company's services are provided on a month-to-month basis unless otherwise agreed to.
- You may terminate services at any time.
- You are solely responsible for properly canceling your account. You can cancel your account at any time by emailing firstname.lastname@example.org
- All of your content will be inaccessible from the Service immediately upon cancellation. Within 30 days, all content will be permanently deleted from backups and logs. This information can not be recovered once it has been permanently deleted.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again.
- The Company reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- Services may change from time to time either through upgrades, redesign, tuning, modification or discontinuation, temporarily or permanently, with or without notice (although Company will always endeavor to give prior notice when possible).
- Prices of all Services are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Simple website or the Service itself.
- The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Donations and Refunds
Simple gives the customer the ability to refund any transaction within six months of the transaction date, by direct request of the donor. This ability to refund the Donor will return funds via the payment method the Donor used to make the donation. After six months, a refund may not be granted. If a contributor initiates a chargeback of a transaction through the credit card company or bank and we feel that the donation or payment was made in good faith, we may dispute the chargeback to demonstrate that the payment was made legitimately.
If a donor contacts Simple regarding a refund, we will coordinate with the church to ensure that the customer is refunded in accordance with the refund policies of the church.
The donor's best resource is to discuss the options available for a refund with the administration team of the organization they have given to. If a donor is unable to contact the organization, the Donor may contact Simple by emailing email@example.com. For the avoidance of doubt, if a payment card chargeback is initiated by a donor, this chargeback may be charged to the corresponding organization.
If funds sit untouched and undeposited in your Simple account for so long (years!) that the law considers them "unclaimed" or "abandoned", we'll notify you to retrieve them. If you don't, we will keep them or send them to the appropriate governmental authority as legally required.
If you do not process payments through your Simple account for an extended period of time or have not linked a valid bank account, you may have a balance that is deemed "unclaimed" or "abandoned" under your state's law. If this occurs, Simple will provide you with notice as required by applicable law and instructions for how to transfer your balance. If funds still remain in your Simple account, Simple will escheat such funds as required by applicable law or, as permitted, to Simple.
Copyright and Content Ownership
- All content posted on the Service must comply with U.S. copyright law.
- We claim no intellectual property rights over the material you provide to the Service. All materials uploaded remain yours.
- The Company does not pre-screen content, but reserves the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.
- Company among other services provides Customers the ability to accept payments via credit card, debit card and/or ACH transactions. Company is not a depository institution or bank and does not offer depository or banking services. Company is not a Money Services Business as defined by the United States Department of Treasury or the Texas Department of Banking.
- Customers agree to the Stripe Connected Account Agreement and Adyen MarketPay Terms.
- Customers must adhere to the Restricted Businesses list and the Restricted and Prohibited Products and Services list.
- Customers agree to the Cryptocurrency Terms.
- Customers agree to the Stock Giving Terms.
- Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis. Your sole remedy for any errors, Company will endeavor to correct any error we determine to be solely the fault of the Company.
- In no event will Company's liability be in excess of the services paid to Company in the past 6 months.
- You understand that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service.
- You must not modify another website so as to falsely imply that it is associated with the Service or the Company.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Company.
- We may, but have no obligation to, remove content and accounts that we determine in our sole discretion are unlawful or violate any party's intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, Company employee or officer will result in immediate account termination.
- The Company does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Company and governs your use of the Service, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service).
- These terms are governed by the laws of the State of Texas without respect to its conflict of laws principles. Jurisdiction for any claims arising under these terms shall be exclusively brought by arbitration in Austin, Texas.
- Questions about the Terms of Service should be sent to firstname.lastname@example.org.
Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.