PARTNER AGREEMENT
This Partner Agreement (Agreement”) is made effective as of today set by and between Zenius Service Automation LLC DBA SMART Jamaat (“SJ Company”) with offices at 735 Plaza Blvd #210, Coppell, TX 75019 and the Masjid being registered (will be termed as Masjid in this document) with address as mentioned in the SMART Jamaat Masjid Registration online form or Masjid website.
Recitals
WHEREAS, SJ Company has developed and offers the SMART Jamaat App (“SJ App”) and related services (“Services”), which includes the web portal, website and all related content. SJ App is a no-cost Salah Reservation Solution for Masjids to offer Salah Services safely and in full compliance with the COVID-19 Guidelines
Delivery
SMART Jamaat App and Admin Portal (SJ Solution) will be delivered to the Masjids by utilizing one or more web-based interfaces. SJ Company will be responsible for the creation of the interfaces, as well as demonstration and pre-production portals. SJ Company shall have the right to make changes and modifications to the SJ Solution at any time at its sole discretion. Masjids will cooperate in the design and development of enhancements and testing of SJ Solution. SJ Company will be responsible for the continued development, maintenance, and technical support for the SJ Solution.
SJ App is currently available in both app stores Apple App Store and Google Play Store.
License and Access
SJ Company hereby grants to Masjid, including to all of Masjid’s Authorized Users, a non-exclusive, non-sublicensable, non-assignable, royalty-free, and worldwide license to access and use the SJ Solution solely in accordance with the terms of this agreement and the Company's online terms of use.
Data Security
Data Protection. SJ Company shall implement appropriate safeguards to prevent unauthorized access to, use of, or disclosure of the Protected Information. Completely secure and encrypted data is hosted in Microsoft Data Centre on Azure Secure Servers with all security protocols enabled.
Data Privacy. SJ Company may collect, use and process Customer’s data only accordance with Company’s online privacy policy. SJ Company will not provide, sell or give access to any third party any of the information that is collected as part of the SJ Solution.
Confidential Information
The parties acknowledge that in their performance of their duties hereunder either party may communicate to the other (or its designees) certain confidential and proprietary information, including without limitation information concerning the SJ Solution and the know how, technology, techniques, or business or marketing plans related thereto (collectively, the “Confidential Information”) all of which are confidential and proprietary to, and trade secrets of, the disclosing party.
Confidential Information does not include information that: (i) is public knowledge at the time of disclosure by the disclosing party; (ii) becomes public knowledge or known to the receiving party after disclosure by the disclosing party other than by breach of the receiving party's obligations under this section or by breach of a third party's confidentiality obligations; (iii) was known by the receiving party prior to disclosure by the disclosing party other than by breach of a third party's confidentiality obligations; or (iv) is independently developed by the receiving party.
As a condition to the receipt of the Confidential Information from the disclosing party, the receiving party shall: (i) not disclose in any manner, directly or indirectly, to any third party any portion of the disclosing party's Confidential Information; (ii) not use the disclosing party's Confidential Information in any fashion except to perform its duties hereunder or with the disclosing party's express prior written consent; (iii) disclose the disclosing party's Confidential Information, in whole or in part, only to employees and agents who need to have access thereto for the receiving party's internal business purposes; (iv) take all necessary steps to ensure that its employees and agents are informed of and comply with the confidentiality restrictions contained in this Agreement; and (v) take all necessary precautions to protect the confidentiality of the Confidential Information received hereunder and exercise at least the same degree of care in safeguarding the Confidential Information as it would with its own confidential information, and in no event shall apply less than a reasonable standard of care to prevent disclosure. The receiving party shall promptly notify the disclosing party of any unauthorized disclosure or use of the Confidential Information. The receiving party shall cooperate and assist the disclosing party in preventing or remedying any such unauthorized use or disclosure.
IN WITNESS THEREOF, this Agreement has been duly executed by the parties hereto, effective as of the date on which Masjid Registration is received.
This agreement is a computer generated and hence do not require any signature.