The Customer’s Annual Recurring Services Fees agreed upon in the applicable Statement of Work ("SOW") are based on the Customer processing volume of revenue per year in the last reportable year prior to the Customer procuring the Services, as communicated to CivicPlus at time of purchase (“Predicted Processing Volume”). Starting with the first Renewal Term of this SOW, CivicPlus reserves the right (but not the obligation) to audit the Customer once every twelve (12) months to determine the Customer’s actual processing volume (“Actual Processing Volume”). In the event the Customer’s Actual Processing Volume exceeds the Predicted Processing Volume, CivicPlus will notify the Customer within thirty (30) days of the audit of the Actual Processing Volume and the applicable increase in the Annual Fees resulting from such Actual Processing Volume. The increase in the Annual Fees shall be implemented the first of the month following the notice.
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:
- take part in negotiations,
- pay any fees incumbent on the Customer or merchant account, or
- 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.
Document Management
The Customer acknowledges that any forms to be used in Document Management Services must be created in Document Management, and such forms cannot be unencrypted or exported to unencrypted modules. The Customer is solely responsible for the updating and accuracy of their public-facing privacy policy.
CivicPlus strongly recommends the Customer complete 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 Services. The Customer further warrants appropriate employees have been adequately trained on the use and deployment of 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 Security Controls, including safe custody, transport, and storage of data and 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-user.
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 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 Services. For the sake of clarity, the Services are not Payment Card Industry Dara Security Standard (PCI DSS) or Health Insurance Portability and Accountability Act (HIPAA) compliant, and the Customer shall not use the Services for PCI DSS or HIPAA purposes.
Cost Recovery Services
The Cost Recovery Services provided by are informational tools intended to provide data and insights into cost recovery practices and do not guarantee any particular outcome or financial result.
CivicPlus may offer consulting services as in addition to the Cost Recovery Services, but such consulting is provided solely for the purpose of implementing and optimizing the software. Professional advice, legal guidance, or financial analysis outside of software recommendations are explicitly excluded. The Customer is responsible for seeking independent legal, financial, or professional advice in relation to any actions taken based on the information provided by the Services.
Customer agrees to utilize the Cost Recovery Services in accordance with applicable laws and regulations. The Customer acknowledges that CivicPlus provides no guarantee that the use of the Cost Recovery Services will result in a specific level of cost recovery or revenue generation.
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