TERMS
1. Pricing Schedule. The Client agrees to the fees and charges under this Agreement as set forth during the checkout process. These fees and charges are subject to change at any time subject to the Client’s prior approval, which shall not be unreasonably withheld.
2. General Payment Terms. The amounts listed in the checkout process are due at the time of signing the agreement. All payments made shall be in United States currency and shall be made without deductions based on any taxes or withholdings. The purchase of the BoxCast hardware is non-refundable.
* Automatic Payments. After the initial 12 month commitment, the Company shall debit the Client's credit card for the fees due according to the pricing schedule. Company shall provide an electronic receipt of that payment.
3. Late Fees and Additional Fees.
* Late Fee. As stated above, all charges shall be due and payable immediately. Annual recurring charges are due on the 12 month anniversary of purchase. If payment is not received within fifteen (15) days of the due date, a $15 late charge will be added every 15 days that the charge remains outstanding.
4. Ticketed Broadcast Option. Depending on the Client's streaming plan, the Client may have the ability to "ticket" broadcasts. When scheduling a broadcast, the Client can set a ticket price (minimum of $5.00). From there, the Company provides a payment platform (accepts credit card and bank account payments), collects the ticket revenue and will disburse the Client's portion* as described below.
*The revenue split is 75% (the Client) / 25% (the Company) after payment processing fees** are taken out. **Payment processing fees include credit card or PWMB percentage and flat rate processing fees charged from the Company’s banks. No additional fees will be charged on top of processing fees by BoxCast.
5. Donations. Depending on the Client's streaming plan, the Client may have the ability to accept donations via the Company's payment platform. The Company will collect the donation and will disburse the Client's portion* as described below. The Client will always be responsible to ensure it complies with any substantiation and documentation requirements for the donations it receives.
*The Client will receive 94% of donation revenue after payment processing fees** are taken out. **Payment processing fees include credit card or PWMB percentage and flat rate processing fees charged from the Company’s banks.
6. Ticket/Donation Revenue Disbursement. If the Client selects the Company’s “ticket” plan and ticket revenue is generated, or if the Client accepts donations via the Company's payment platform, the Client will receive its revenue component via a paper check at the end of each quarter. The disbursement schedule is as follows: January-March (with disbursement on April 30th), April-June (with disbursement on July 31st), July-September (with disbursement on October 31st) and October-December (with disbursement on January 31st). Please note, if the disbursement is less than $100 at the time of the quarterly disbursement, it will be combined with the following quarterly disbursement. If the Client’s account is past due, ticket revenue amounts will be applied to this past due amount in lieu of being disbursed to the Client.
7. Term of Agreement. This Agreement is effective as of the above-listed date. This Agreement shall automatically renew on an annual basis after the initial 12 month commitment unless one or both parties provides a thirty (30) day written notice of termination. If the Client terminates this Agreement before the expiration of the Agreement commitment noted in the Pricing Schedule (ex: 12 month commitment), the Client will be charged the lesser of $500 or the remainder of the balance due on the Agreement.
8. Return of BoxCaster (Hardware). If at any point the Client wants to terminate the agreement, the Client shall submit written notice, as stated above, and send the BoxCaster(s) to the following address: BoxCast, 2401 West Superior Viaduct, Cleveland, OH 44113. If all BoxCast equipment is not returned within thirty (30) days of the expiration or termination of this agreement, the Client will be charged any outstanding fees for the equipment listed in the Pricing Schedule.
MISCELLANEOUS
Media Ownership. Each of the parties hereto shall have each every right to, and interest in, the audio, video and/or any other files, media or other content broadcasted. The Company will primarily use these rights to legally store and stream the broadcasts via its server infrastructure.
Bandwidth Requirements. To ensure a High Definition stream, the minimum bandwidth requirement is 1.5 Mbps.
Storage. The Company will store all (unlimited) recorded video content at no charge to the Client for the first 60 days after each individual event. After 60 days, the Company will delete each individual event.
System Upgrades. The Client authorizes the Company to initiate device upgrades and system diagnostics remotely in an effort to ensure device uptime and broadcast quality.
Content Type. The Client agrees to use the Company’s broadcast service primarily for broadcasting events in and around the church and as outlined in the Code of User Conduct within the "Terms of Service" listed on www.BoxCast.com.
Event Duration. The Client agrees to use the Service primarily for events with durations less than eight (8) hours. If Client uses the Service for events longer than an eight (8) hour duration or uses the Service for more than one (1) broadcast at any given time, Client may be subject to additional fees. Company also reserves the right to charge additional fees for abnormally large viewership as deemed by the Company.
Hardware. The Client agrees to use the Company's broadcast unit (BoxCaster) and/or additional Company's equipment as instructed. Should defects occur within normal use within year one (1), the unit(s) will be replaced at no cost to the Client.
Support. The Company provides support via phone and email from 9 AM - 9 PM EST. Inquiries will be responded to in the order of urgency, live broadcasting issues being the first priority.
LIABILITY
The Company is not responsible for the sustained network performance of stream location or viewer location.
The Client agrees not to hold the Company liable for network disruptions that may prevent the delivery of video to viewers. The Client understands that network disruptions may affect the ability to reliably record the streamed video.
The Client permits the Company to remove public stream recordings when viewer behavior exceeds 10x normal viewer behavior (viral traffic spikes).
The Client will not hold the Company responsible for Amazon Cloud Computing server outages.
The Client agrees NOT to use the broadcast service for Adult Entertainment (i.e. Pornography), Illegal Activity, or for video infringement on distributing, selling, or disclosing media that is not owned by the Client.
The Client agrees to fully indemnify the Company for any and all expenses incurred by the Company for legal actions stemming from harmful material transmitted by the Client using the Company’s video distribution platform. Full details regarding indemnification are represented in the "Terms of Service" on www.BoxCast.com.
ENTIRE AGREEMENT
This Agreement, when taken together with any exhibits, supplements or addenda hereto, the Terms of Service on Company’s website, and any additional terms that explicitly incorporate this Agreement by reference hereto, constitutes the entire agreement between such parties as to the subject matter hereof and supersedes all prior documents, negotiations and drafts of the parties with respect to the subject matter hereof, whether written or verbal. This Agreement may not be construed against either party hereto by reason of the drafting or preparation thereof.
