MASTER SERVICE AGREEMENT

This Master Service Agreement ("Agreement") is entered into between:

Net153 (Pty) Ltd, registration number 2026/118101/07 ("Net153", "we", "our", or "us"),

and

The Customer, being the church or organisation subscribing to the Net153 Church Management System ("Customer", "Church", or "you").

By registering for, accessing, or using the Net153 Church Management System ("ChMS"), the Customer agrees to be bound by this Agreement.

1. Services

Net153 grants the Customer a non-exclusive, non-transferable, revocable licence to access and use the ChMS during the subscription period.

The services include:

• Church Management System software
• Secure hosting (where applicable)
• User authentication
• Data storage
• System updates
• Maintenance
• Technical support (according to the subscribed support plan)

Net153 may improve, update, or modify the software from time to time.

2. Customer Responsibilities

The Customer agrees to:

• use the system lawfully;
• maintain accurate information;
• keep login credentials secure;
• ensure only authorised users access the system;
• comply with all applicable laws;
• comply with POPIA;
• ensure that users understand their responsibilities.

The Customer is responsible for all activities performed using its accounts.

3. Data Ownership

All personal information, church records, documents, member information, attendance records, financial records, communications, and other content entered into the ChMS remain the property of the Customer.

Net153 does not claim ownership of Customer data.

4. POPIA Responsibilities

The parties acknowledge that:

The Customer determines:

• what personal information is collected;
• why it is collected;
• how it is used;
• who may access it;
• how long it is retained.

Accordingly, the Customer acts as the Responsible Party under POPIA.

Net153 provides software infrastructure and related services and acts only as an Operator to the extent that it processes personal information solely on the Customer's instructions.

The Customer warrants that it has obtained all necessary lawful grounds or consents required under POPIA before storing personal information within the ChMS.

5. Customer Liability for Data

The Customer accepts sole responsibility for:

• compliance with POPIA;
• compliance with any applicable privacy laws;
• obtaining required consent;
• maintaining lawful processing;
• responding to data subject requests;
• correcting inaccurate data;
• deleting information where legally required.

Net153 does not supervise, monitor, verify, approve, or control the Customer's collection or processing of personal information.

Accordingly, the Customer indemnifies and holds Net153 harmless against any claim, complaint, investigation, fine, loss, damage, liability, or legal proceeding arising from:

• unlawful collection of personal information;
• unlawful processing of information;
• failure to obtain consent;
• misuse of personal information;
• unauthorised disclosure by the Customer;
• actions of the Customer's staff, volunteers, administrators, or users.

6. Security

Net153 will implement reasonable technical and organisational security safeguards appropriate for a cloud-based software service.

These measures may include:

• encrypted communications;
• secure hosting;
• access controls;
• password protection;
• backups;
• monitoring;
• software updates.

The Customer is responsible for assigning user permissions appropriately and protecting account credentials.

7. Confidentiality

Each party agrees to keep confidential information received from the other party confidential.

Confidential information excludes information that:

• is publicly available;
• is independently developed;
• must be disclosed by law.

8. Availability

Net153 will use commercially reasonable efforts to provide reliable service. However, uninterrupted availability cannot be guaranteed.

The services may occasionally be unavailable due to:

• maintenance;
• upgrades;
• hardware failures;
• internet failures;
• force majeure;
• third-party service outages.

9. Backups

Net153 may perform routine backups for disaster recovery purposes.

Customers remain responsible for maintaining copies of any data they consider business-critical.

10. Acceptable Use

The Customer may not use the ChMS to:

• violate any law;
• infringe intellectual property rights;
• distribute malware;
• send spam;
• store unlawful content;
• interfere with the operation of the service;
• attempt unauthorised access.

Net153 may suspend accounts involved in unlawful activity.

11. Fees

Subscription fees are payable in advance according to the selected subscription plan. Failure to pay may result in suspension or termination of access. Fees are non-refundable unless required by law.

12. Suspension

Net153 may suspend access where necessary to:

• protect system security;
• prevent unlawful activity;
• perform urgent maintenance;
• address non-payment;
• comply with legal obligations.

13. Intellectual Property

The ChMS software, code, design, trademarks, documentation, branding, logos, workflows, and associated intellectual property remain the exclusive property of Net153. No ownership rights are transferred to the Customer.

14. Limitation of Liability

To the maximum extent permitted by law Net153 shall not be liable for:

• indirect damages;
• consequential damages;
• loss of profits;
• loss of goodwill;
• loss of donations;
• loss of ministry opportunities;
• loss of data caused by Customer actions;
• interruption of ministry activities;
• business interruption.

Net153's total liability arising out of this Agreement shall not exceed the subscription fees paid by the Customer during the twelve (12) months immediately preceding the event giving rise to the claim.

15. Disclaimer Regarding Church Data

The Customer acknowledges that Net153 provides software only. Net153 does not determine collection purposes, access rights, or POPIA compliance strategies for individual churches.

Each church operates independently. Net153 shall not be liable for any church's management, processing, or misuse of personal information.

16. Indemnity

The Customer indemnifies Net153 against all losses and liabilities arising from breach of this Agreement, unlawful processing of personal information, or violation of applicable law.

17. Termination

Either party may terminate this Agreement by giving thirty (30) days' written notice or via the admin panel. Net153 may terminate immediately for non-payment or serious breach.

Upon termination, access ceases and data may be permanently deleted after a limited export period.

18. Force Majeure

Neither party shall be liable for delays caused by events beyond reasonable control, including acts of God, internet/power failures, or civil unrest.

19. Governing Law

This Agreement is governed by the laws of the Republic of South Africa. Any disputes shall be subject to the jurisdiction of the South African courts.

20. Entire Agreement

This Agreement, together with the Privacy Policy, constitutes the entire agreement between the parties.

21. Amendments

Net153 may amend this Agreement by providing reasonable notice. Continued use constitutes acceptance of revised terms.