Municipal Websites (CivicEngage) Terms

 

General Municipal Website (CivicEngage) Terms

Due to the multiparty dependency of Project Development, CivicPlus will not migrate, convert, or port content or information that could reasonably be construed as time-sensitive, such as calendar or blog content, during Project Development.

The Customer allows CivicPlus to display a “Government Websites by CivicPlus” insignia, and a web link at the bottom of the completed web pages. The Customer understands that the pricing structure provided under this Statement of Work "SOW" assumes such perpetual permission.

 

Evolve

CivicPlus is not responsible for any act or omission of any third-party vendor or service provider that the Customer has selected to integrate the Municipal Website Evolve services with.

If the Customer’s Services include Process Automation and Digital Services (CivicOptimize), the terms for such Services, set forth in the Process Automation and Digital Services section shall apply.

 

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CivicPlus Mobile App

The Customer is responsible for the registration and account management of the Customer’s app account on the respective distribution platform (App Store, Google Play). CivicPlus may manage the Google Play distribution platform. CivicPlus, in its sole discretion, may transfer management and ownership responsibilities to Customer or an approved third party of any mobile app platform used by Customer after providing thirty (30) days’ written notice to Customer of such change.

 

If the Customer desires to use the App Store, the Customer is responsible for the set up the Apple Developer Account as follows:

1. Set up an Apple Developer Account
2. Identify CivicPlus and OneBlink as a developer on the account
3. Work with CivicPlus Implementation team to customize the App Store descriptions, settings and content.
4. Work with CivicPlus Implementation team to update the App Store descriptions, settings and content.
5. If the Customer identifies as a non-profit organization, Apple will waive the annual fee. However, if the Customer is identified as a for-profit organization and must pay the annual fee, the payment must be set up to auto-renew. CivicPlus shall not manage the Customer account. CivicPlus shall only use the Customer’s Apple Developer Account to deploy the Customer’s CivicPlus Mobile App.
6. If the Customer receives emails or requests from Apple regarding the Customer’s Apple Developer Account, it is the Customer’s responsibility to respond directly to Apple. In the event the communication specifically involves the deployment of the CivicPlus Mobile App, the Customer shall immediately forward such communication to CivicPlus to ensure the CivicPlus Mobile App remains live and up-to-date.

 

The Customer represents that it has all intellectual property rights in any the Customer data and content to be added to the Services. It is solely the Customer’s responsibility to seek the permission of any third-party data and/or content owner used by the Customer.

The Customer understands that the hosting for the Services are provided by the app distribution platform and not CivicPlus. CivicPlus shall not be liable for any downtime of the Services provided to the Customer.

 

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Design Center Pro

If the Customer’s use of the Design Center Pro module results in a loss in website or software function or other issue requiring CivicPlus resources to remedy, the Customer will be charged CivicPlus's standard hourly rate at such time for such resources.

 

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CivicPlus Pay / Process Automation Pay / Pay

CivicPlus Pay Services enables the Customer to receive online credit card payments for certain services or products the Customer provides via the Customer websites or recreation management system supported by CivicPlus. As such, through the Services, CivicPlus facilitates an automated process for redirecting credit card payments to the Customer’s chosen payment gateways / merchant account processors (“Gateway”). For card payments, CivicPlus will redirect any payments processing to the Customer’s Gateway, and the Gateway presents the payment form page and processes the card payment. CivicPlus does not transmit, process, or store cardholder data and does not present the payment form. CivicPlus implements and maintains Payment Card Industry (PCI) compliant controls for the system components and applications that provide the redirection services only.

 

The Customer will enter into a merchant account agreement with a Gateway provider that is within CivicPlus’s network of integrated Gateways. (“Integrated Partner”). Such agreement’s terms and conditions will solely enure to the benefit and obligation of the Customer; CivicPlus shall not be a party to such agreement.  CivicPlus will facilitate contact between the Customer and the selected Integrated Partner for contracting purposes and shall integrate the Integrated Partner’s Gateway system into the Customer’s Services. The Customer agrees to assume responsibility for ensuring execution of a Gateway contract with the Customer’s select Gateway provider, to comply with all terms and conditions of such contract, and pay all fees required to maintain the services. The Customer acknowledges that the fees set forth in the applicable SOW do not include any transaction, processing, or other fees imposed by the Customer’s Gateway.

 

The Customer is solely responsible for their relationship with their selected Gateway. In no event will CivicPlus:

1. take part in negotiations,
2. pay any fees incumbent on the Customer or merchant account, or
3. acquire any liability for the performance of services of any chosen Gateway, including those Integrated Partners.

 

The Customer acknowledges switching to a different Gateway after signing this SOW may incur additional fees and require a written and signed modification to this SOW. The Customer shall continue to be responsible for negotiating and executing any Gateway agreement as described herein for any additional Gateway changes. The Customer understands and agrees that CivicPlus is not liable for any failure of service or breach of security by any Gateway provider selected by the Customer, whether such provider is an Integrated Partner or not.

 

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Chatbot

The Customer understands that the Chatbot Services are not intended to collect, and CivicPlus discourages the Customer from soliciting and collecting, any personally identifiable information (“PII”), protected health information (“PHI”), payment card industry information (“PCI”) or any other financial data from its users. CivicPlus cannot monitor and control the Customer’s actions; therefore, in the event the Customer solicits and stores any PII, PHI, PCI, or other financial data, it is at the Customer’s sole discretion and risk. The Customer as the data owner, and not CivicPlus, is solely responsible for the applicable laws and regulations regarding any data breach involving such data, including breach notification and credit monitoring requirements.

 

The Customer understands that the Services must crawl over the Customer’s entire site and scrape information for successful performance. The Customer shall be solely responsible for obtaining permission from any third party whose content may be crawled and/or scraped by the usage of the Services. In no event shall CivicPlus be liable to the Customer or any third-party, for any claim, action, liability, or damages, arising out of or related to the Services crawling over and/or scraping any third-party system and/or content. The cost of the Services listed in the applicable SOW is for one domain, limited to ten crawled websites, if the Customer requires more domains or crawled websites, the Customer should reach to the Customer’s designated CivicPlus representative.

CivicPlus and/or its partners shall have the right to collect and analyze data and other information relating to the provision, use, and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning the Customer data and data derived therefrom), and CivicPlus and/or its partners will be free (during and after the term hereof) to:

1. use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other CivicPlus offerings, and
2. disclose such data solely in aggregate or other de-identified form in connection with its business. No rights or licenses are granted except as expressly set forth herein.

 

CivicPlus shall not be responsible or liable for the content of messages created by the Customer, or by end-users who access the Service.

 

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Recurring Redesign

Starting after continuous service for the period of months explicitly stated in the Recurring Redesign line item on the applicable SOW (the “Redesign Term”), the Customer shall be entitled to receive a website redesign at no additional cost. The Customer may initiate the website redesign any time after completion of a Redesign Term. Upon the initiation of an eligible redesign project, the Customer may begin accumulating eligibility towards a subsequent redesign after continuous service of a subsequent Redesign Term. Redesigns that include additional features not purchased on the original website SOW may be subject to additional charges.

 

Additional features include, but are not limited to, additional modules and integration of third-party software. Recurring Redesigns are eligible for the website, subsite, and department headers encompassed in the Customer’s website at the time of recurring redesign was purchased or included in the applicable SOW in which the redesign was purchased. Any subsequently purchased website, subsite, and department header may be included in the Customer’s redesign at an additional fee.

 

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Encrypted Forms

The Customer acknowledges and understands use of the Encrypted Forms Services is contingent on a current, valid subscription of CivicPlus’ Platinum Hosting & Security upgrade for the CivicPlus Municipal Websites (CivicEngage), and that any termination or suspension of such Platinum Hosting & Security upgrade shall likewise immediately terminate or suspend the use of the Encrypted Forms.

 

The Customer is responsible for the updating and accuracy of their public-facing privacy policy.

 

The Customer acknowledges that any forms to be used in the Services must be created in the Encrypted Forms module, and such forms cannot be unencrypted or exported to unencrypted modules.

 

CivicPlus strongly recommends the Customer completes a Privacy Impact Statement (PIA), which shall detail the Customer’s privacy practices and policies surrounding the use of, and any data stored within or collected by the Services. The Customer further warrants appropriate employees will be adequately trained on the use and deployment of the Services.

 

The Customer and CivicPlus each jointly acknowledge that for the duration of the applicable SOW, CivicPlus shall serve as the “Data Custodian” and is solely responsibility for the appropriate security controls, including safe custody, transport, and storage of data. The Customer shall serve as the “Data Owner”, and is solely responsible for the operational and privacy specific controls, including data collection, content, context, and use. Notwithstanding the foregoing, the Customer acknowledges that CivicPlus cannot detect or prevent unauthorized individuals accessing any CivicPlus system through use of valid log-in credentials as set up by the Customer. The Customer has sole responsibility for maintaining the security of such log-in credentials, and assigning and defining roles and permission to each individual end-users.

 

The Customer acknowledges that due to the nature of the encryption employed in the Services, CivicPlus staff are unable to access any data submitted or stored within the Services.

The Customer understands and agrees that the Services are not intended to collect or store any credit card information, or related identifiable or financial information and that the Customer shall not collect or store any such information in the Encrypted Forms. For the sake of clarity, the Encrypted Forms are not Payment Card Industry Data Security Standards (PCI DSS) or Health Insurance Portability and Accountability Act (HIPAA) compliant, and the Customer shall not use it for PCI DSS or HIPAA purposes.

 

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Supplemental Articles

• CivicPlus's Master Services Agreement
• CivicPlus Privacy Policy
• CivicPlus Product Terms