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 Payments / CP Pay / Pay
Customer's use of the CivicPlus Payments Solution is subject to the applicable Payments solution terms found here.
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 PCI DSS or 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.
Advanced Fillable Forms
Powered by Process Automation and Digital Services.
The Customer’s use of the Advanced Fillable Forms is subject to the Acceptable Use Policy set forth at Process Automation and Digital Services Acceptable Use Policy.
The Customer acknowledges that it is solely responsible for configuring data handling, retention, and access control settings within the Services in accordance with applicable laws, regulations, and its own policies. CivicPlus shall not be liable for any claim arising from Customer's configuration choices. CivicPlus does not monitor, classify, or assess the nature or sensitivity of data submitted through the Services. Customer is solely responsible for identifying sensitive data and configuring the Services accordingly.
The Customer understands and agrees that the Customer is solely responsible for the content and type of data stored for its end users and/or residents. CivicPlus implements industry-standard data protection for stored data; however, the Services are not PCI or HIPAA compliant. 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.
TenFore Golf | Golf Course Management Platform
Services are performed hereunder by TenFore Golf, Inc. (“TenFore”), for whom CivicPlus is an authorized reseller, and the performance of the services under this Statement of Work (“SOW”) will be conducted in accordance with and be subject to the terms and conditions of this SOW and the Agreement. CivicPlus is not the developer or operator of the TenFore Platform and does not control its functionality, availability, or performance. The TenFore Services are a separate and independent offering from any other CivicPlus solution or service. CivicPlus acts solely as a reseller of the TenFore Services and does not develop, operate, host, support, or fulfill any component of the TenFore Platform, including hardware. CivicPlus does not store, ship, or maintain any TenFore inventory.
TenFore Golf Course Management Platform
TenFore provides a cloud-based golf course management platform (the “TenFore Platform”) that may include tee sheet scheduling, point-of-sale, online booking, payment processing, membership management, reporting, website, mobile application, and related tools for golf course operations. The specific features, service tiers, and add-ons included in Customer’s deployment are identified in the SOW. The TenFore Platform may rely on third-party services, including hosting providers, payment processors, and hardware manufacturers; neither CivicPlus nor TenFore shall be responsible for the acts, omissions, outages, or performance failures of such third-party providers
Certain third-party integrations available through the TenFore Platform are provided at no additional charge and require the Client to contract directly with the applicable third-party provider. CivicPlus is not a party to, and has no obligation or liability with respect to, any such direct third-party agreement. These integrations are not part of the Services provided under the SOW.
Hardware
All Bundled Hardware is provided, owned, and maintained by TenFore. TenFore retains title to all Bundled Hardware at all times; no ownership rights in Bundled Hardware transfer to CivicPlus or Customer under any circumstances. CivicPlus does not procure, store, ship, or take possession of Bundled Hardware at any point.
Upon expiration or termination of the SOW for any reason, Customer shall package and return all Bundled Hardware within thirty (30) days. Upon request, TenFore may provide a prepaid shipping label at its discretion.
The monthly fee for packages that include Bundled Hardware is the same regardless of whether Customer accepts or declines the Bundled Hardware. All Bundled Hardware includes the manufacturer’s warranty only. Neither CivicPlus nor TenFore provides any additional warranty on Bundled Hardware, and neither is responsible for incidental damage, misuse, or third-party modifications.
Implementation and Training
CivicPlus and TenFore will provide online setup and configuration, data migration, role-based staff training, and go-live support. Optional on-site installation and training (up to three days) is available for an additional fee specified in the SOW.
The “Go-Live Date” is the date the TenFore Platform is first made operational at Customer’s facility, as specified in the SOW. If CivicPlus and TenFore are ready to go live on the scheduled date and Customer causes a delay, billing commences on the scheduled Go-Live Date regardless of actual use.
PCI DSS Compliance
TenFore has represented that it adheres to PCI DSS and applicable PCI Security Standards Council (PCI SSC) standards. Customer, as the merchant of record, retains sole responsibility for the security of all Cardholder Data (“CHD”) that Customer directly possesses, stores, processes, or transmits. CivicPlus does not process, store, or transmit CHD in connection with the TenFore Platform. Customer may request PCI compliance documentation through CivicPlus, and CivicPlus will use commercially reasonable efforts to obtain such documentation from TenFore.
Payment Processing
Credit card processing is provided through CardConnect, a Fiserv company. CardConnect determines all processing rates and terms. Customer must purchase card reader hardware through CardConnect, CivicPlus, or TenFore. CHD is processed and transmitted through third-party systems outside the control of CivicPlus and TenFore. Neither CivicPlus nor TenFore shall have any liability for any data breach, security incident, processing failure, or loss arising from or relating to CardConnect, Fiserv, or any other third-party payment processing system.
Per-Location Licensing
The TenFore Platform is licensed for use only at the specific golf course facility or facilities identified in the SOW (“Approved Locations”). “Facility” means a single golf course pro shop location. A single pro shop serving one or more courses constitutes one Facility. Each additional pro shop constitutes a separate Facility and requires a separate license. Use at additional locations requires a separate SOW and additional license fees.
Customer Responsibilities
Customer will provide accurate facility, rate, product, and tax information for platform configuration.
Customer is solely responsible for course conditions, facility operations, and golfer safety. Customer agrees to indemnify, defend, and hold harmless CivicPlus, TenFore, and their respective affiliates, officers, directors, agents, and employees from and against any claims, lawsuits, penalties, damages, losses, or expenses (including reasonable attorneys’ fees) arising from or relating to: (a) golfer use of the facility or the TenFore Platform, (b) course conditions or facility operations, or (c) Customer’s configuration, misuse, or operational decisions.
Customer will maintain current data within the TenFore Platform, including tee sheet configurations, pricing, inventory, and employee permissions.
Customer will ensure its use of the TenFore Platform complies with all applicable laws, including data privacy laws applicable to Customer’s collection and use of end-user personal information.