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View Forte Merchant Service Agreement
THIS AGREEMENT (the "Agreement") is by and between DeenTek Solutions LLC ("DeenTek" or "we", "us" or "our") and the "Institute" (also referred to as "you" or "your"). Deentek and Institute may be referred to herein, collectively, as "Parties" and individually as a "Party." Reference to Institute throughout this Agreements includes all agents of Institute. If Institute does not agree to this Agreement, then Institute may not use the Services, as defined below.
1. DeenTek is a limited liability company organized in the State of Illinois, and has a principal place of business of 798 Longmeadow Dr. Carol Stream IL 60188.
2. DeenTek provides services to mosques and other Islamic institutions in connection with their financial accounting, financial organization, collection of donations, and similar services.
This Agreement describes the terms governing your use of the MOHID and Muntazim School System Services. 3. Fees and Payment. The Fees only include DeenTek's Services and products and does not include third-party costs such as credit card fees, interchange fees and hardware(hereinafter "Fees"). The following terms further apply:a. Payments will be billed to you in U.S. dollars, or other currencies which may be made available (plus any and all applicable taxes, including without limitation VAT and GST), as shown in the product ordering and subscription terms, and Institute's account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.b. Institute must pay with one of the following:i. A valid credit card acceptable to DeenTek;ii. A valid debit card acceptable to DeenTek; iii. Sufficient funds in a checking or savings account to cover an electronic debit of the payment due;oriv. By another payment option DeenTek provides to you in writing.
c. If Institute's payment and registration information is not accurate, current, and complete and Institute does not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.d. If Institute does not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of the Services, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
4. Term. This Agreement commences on the date of Institute's subscription date ("Subscription Date") and renews automatically every month beginning on the first day of the first full month after the Subscription Date.
5. Termination or Suspension. Either Party may terminate without cause and such termination shall take effect at the end the current month. DeenTek may terminate with cause, such as if Institute breaches this Agreement and such termination shall be effectively immediately without any refund to Institute. Should Institute be in breach of any law, including international law, DeenTek has the right to terminate this Agreement immediately without any refund to Institute. DeenTek further has the right to terminate or suspend, effective immediately and without any refund to Institute, in the event there is an internal dispute amongst Institute's governing members regarding ownership of the rights outlined in this Agreement or financial disputes that may affect DeenTek's rights in connection with this Agreement.
6. Institute's Rights to Use the Services. The Services are protected by copyright, trade secret, and other intellectual property laws. Institute is only granted the right to use the Services and only for the purposes described by DeenTek. DeenTek reserves all other rights in the Services. Until termination of this Agreement and as long as Institute meets any applicable payment obligations and comply with this Agreement, DeenTek grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.
Institute further agrees not to use, nor permit any third-party to use, the Services in a manner that violates any applicable law, regulation or this Agreement. Institute agrees it will not:
• Provide access to or give any part of the Services to any third party.• Reproduce, modify, copy, sell, trade, lease, rent or resell the Services.• Decompile, disassemble, or reverse engineer the Services.• Make the Services available on any file-sharing or application hosting service.
7. Institute's Right to Use Feedback. DeenTek may freely use feedback Institute provides. Institute agrees that DeenTek may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant DeenTek a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to DeenTek in any way.
8. Restricted Use of Services. Institute shall not, and shall not permit any users of the Services or any other party to, engage in, solicit, or promote any activity that is objectionable or may be illegal, violates the rights of others, is likely to cause notoriety, harm or damage to the reputation of DeenTek or could subject DeenTek to liability to third parties, including: (i) unauthorized access, monitoring, interference with, or use of the Services or third party accounts, data, computers, systems or networks; (ii) interference with others' use of the Services or any system or network, including mail bombing, broadcast or denial of service attacks; (iii) unauthorized collection or use of personal or confidential information, including phishing, pharming, spidering, and harvesting; (iv) viewing or other use of any content that, in DeenTek's opinion, is prohibited under this Agreement; (v) any other activity that places DeenTek in the position of fostering, or having potential or actual liability for, illegal activity in any jurisdiction; or (vi) attempting to probe, scan, penetrate or test the vulnerability of a DeenTek system or network or to breach DeenTek's security or authentication measures, whether by passive or intrusive techniques. DeenTek reserves the right to not authorize and may terminate Institute's use of the Services based on reasonable suspicion of your activities, business, products or services that are objectionable or promote, support or engage in any of the restricted uses described above.
9. Institute Will Manage Its Passwords. Institute is responsible for securely managing its password(s) for the Services and to contact DeenTek if it becomes aware of any unauthorized access to your account, whether the unauthorized is external or due to Institute's failure to maintain its passwords. Should Institute breach this clause, DeenTek reserves the right to suspend or terminate this Agreement effectively immediately and without any refund to Institute.
10. Hardware Ownership Maintenance, and Warranty. Hardware, including but not limited to, Kiosks, are purchased by Institute separately and are not included in DeenTek's Fees. Institute owns full rights to the Kiosk machines and should a Kiosk require any repair or maintenance to its hardware, Institute is solely responsible for such costs. Notwithstanding, DeenTek warrants its hardware, including Kiosks, for 2 years from the date of installation. Specifically, DeenTek warrants that its hardware products (a) materially conform to the specifications for such product; and, (b) be free from defects in design, material and workmanship that materially affect performance and functionality. DeenTek shall, at its option, and as Institute's sole and exclusive remedy for any breach of this warranty, repair or, replace the affected hardware(s). This warranty is void and will have no effect to the extent that any defects arise from accident, abuse, misuse, alteration or negligence of Institute or third parties.
11. MobileApp Terms:a. Ownership of MobileApp If Institute subscribes to the MobileApp, all graphics and coding ("Mobile App IP"), shall be owned by DeenTek and DeenTek is only granting Institute the right to use Mobile App IP for the purposes described by DeenTek. b. MobileApp Fees. Upon signing up for MobileApp, a $200 set-up cost shall be charged but waived by DeenTek. Should Institute terminate its MobileApp service, Institute shall pay the $200 set-up cost.
12. Data Collection and Retention. DeenTek retains data only for the duration of this Agreement. Accordingly, should Institute want to preserve data collected from its users, Institute shall export the data to its own database prior to termination of this Agreement, whether Institute subscribed or enrolled in a Trial, DT collects credit card information, names, email addresses. Said data includes user names and contact information, but does not include user credit card information. After termination, Institute is not responsible for providing any data to Institute.
13. Ownership of Institute Data. Data collected by Institute of its members and congregants belongs to the Institute, with exception of user credit card information.
14. Changes to Terms of Service. DeenTek reserves the right to modify this Agreement, in our sole discretion, at any time, and the modifications will be effective when posted through the Services or on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. It is important that you review this Agreement whenever we modify it because your continued use of the Services indicates Institute's agreement to the modifications.
15. Free Trial.a. Trial Terms. DeenTek offers a trial version of its Services ("Trial") in which Institute does not charge for rendering of these Services. ,As of the day after the Trial, Institute shall automatically become enrolled as a subscriber subject to the remaining termination terms of this Agreement unless Institute opts out within 5 business days before the Trial ends. For purposes of calculating the Trial period, the day that Institute subscribed to the Trial is included in calculating the term of the Trial.b. Hardware Ownership and Deposit. Upon enlisting in a Trial that includes hardware, Institute shall make a deposit in order to lease said hardware. Should Institute choose to terminate the Trial or not become a subscriber, Institute shall return the hardware to DeenTek. Upon the return of hardware, DeenTek will provide a full refund of the hardware to Institute and Institute shall return the hardware to Institute. c. Institute Subscription After Trial. Should Institute choose to continue as a subscriber after the Trial, ownership of the hardware shall transfer to the Institute and Institute will not receive a refund of its deposit. The deposit will then be deemed to be considered a purchase of the hardware.d. MobileApp. Should Institute enlist for a trial of the MobileApp, a $200 set-up cost shall be charged but waived by DeenTek. Should Institute terminate its MobileApp service, Institute shall pay the $200 set-up cost.
16. No Professional Advice. DeenTek does not give professional advice. DeenTek is not in the business of providing legal, financial, accounting, tax, health care, real estate, fiqh, or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
17. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
DISCLAIMER. YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEENTEK, ITS AFFILIATES, AND ITS AND THEIR THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OF CONTENT IN OR LINKED TO THE SERVICES. DEENTEK AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.DEENTEK, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.LIMITATION OF LIABILITY AND INDEMNITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF DEENTEK, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, DEENTEK, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET DEENTEK SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF DEENTEK AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF DEENTEK, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
Institute agrees to indemnify and hold DeenTek and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as "Claims"). DeenTek reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by DeenTek in the defense of any Claims.
18. Governing Law. The validity, construction and performance of this Agreement will be governed by and construed in accordance with the laws of the State of Illinois, United States in DuPage County, Illinois.