1. Introduction
This agreement outlines the terms and conditions for participation in the "Tech in Kind" campaign, a pro bono digital transformation initiative provided by Obami. The purpose of the initiative is to deliver technology-driven solutions to selected non-profit organisations, improving their operational capacity and ability to make a positive impact in their communities.
By applying and, if selected, participating in the campaign, you (the "beneficiary organisation") agree to the following terms.
2. Project Scope
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Services Provided: Obami will provide services related to course and programme design, content digitization, and other digital solutions as agreed upon during the onboarding process. These services, valued at up to $10,000 per selected beneficiary, will be provided free of charge.
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Timeline: The development period of this project will span 3 months from selection to launch. Beneficiary organisations must commit to providing timely inputs and materials during the onboarding phase for the project’s success.
3. Roles and Responsibilities
4. Platform Fees Post-Campaign
After the initial development phase, Obami's standard platform licensing fees will apply. Beneficiary organisations must ensure they have adequate funding to cover these costs or incorporate it into any paid programs delivered via the platform.
Obami - at its discretion - may help cover platform fees by offering a discount in pricing, or finding suitable funding partners, given the potential impact of the solution is significant.
Obami's current license fee structure can be found on Obami's pricing page, here.
5. Training & Support
Obami will provide initial training on how to use the digital platform upon delivery. This training will include:
Additional training or support beyond this scope may be available at Obami's standard rates.
6. Acknowledgement and Feedback
The beneficiary organisation agrees to acknowledge Obami's contribution to their digital transformation in their materials, website, or other appropriate platforms. This acknowledgment shall be in a form mutually agreed upon by both parties and may include Obami's logo and a brief description of the "Tech in Kind" campaign. The beneficiary organisation shall obtain Obami's approval before publishing any such acknowledgment.
The beneficiary organisation also agrees to provide feedback on their experience with the "Tech in Kind" campaign and the digital solutions provided by Obami. This feedback may be in the form of a survey, interview, and/or written testimonial. Obami reserves the right to use any feedback or testimonials provided by the beneficiary organisation for marketing and promotional purposes, including but not limited to case studies, website content, and promotional materials. Obami will seek the beneficiary organisation's approval before publishing any attributable quotes or specific details about the beneficiary organisation's project.
7. Intellectual Property
All custom content, course designs, and other materials created for the beneficiary organisation as part of the campaign will be owned by the beneficiary organisation, provided the beneficiary organisation makes use of the services within 1 month of solution delivery and consciously continues to use the platform for the first year. The specifics of ongoing platform use will be discussed and negotiated based on the beneficiary organisation’s needs and operational capacity. If the beneficiary organisation fails to utilize the provided services within the negotiated terms without prior agreement, ownership of the content will revert to Obami until the value of pro bono services provided is reimbursed in full by the beneficiary organisation, or the beneficiary organisation resumes it's use of the solution.
8. Termination
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Obami reserves the right to terminate the agreement at any point if the beneficiary organisation fails to meet its obligations, including providing timely inputs or engaging in the project process.
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If the beneficiary organisation wishes to withdraw from the campaign, notice must be given within 7 days of engagement.
9. Data Protection
Both parties agree to comply with all applicable data protection laws and regulations, including but not limited to the Protection of Personal Information Act (POPIA) of South Africa and, where applicable, the General Data Protection Regulation (GDPR) of the European Union. The beneficiary organisation shall be responsible for obtaining any necessary consents from data subjects for the collection, processing, and storage of personal data on the platform provided by Obami. Obami commits to implementing appropriate technical and organizational measures to ensure the security and confidentiality of any personal data processed as part of the campaign.
10. Confidentiality
Both parties agree to treat any non-public, sensitive information shared during the campaign as confidential and not disclose it to third parties without prior consent. This includes, but is not limited to, business strategies, technical information, financial data, and personal information of beneficiaries or staff. The confidentiality obligations shall remain in effect for a period of two (2) years after the conclusion of the campaign or termination of this agreement, whichever is later.
11. Force Majeure
Neither party shall be liable for any failure or delay in performing their obligations under this agreement where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action, epidemic or pandemic, or any other event that is beyond the control of the party in question. If a force majeure event occurs, the party affected shall promptly notify the other party in writing and shall use reasonable efforts to minimize the impact of such event.
12. Governing Law
This agreement is governed by the laws of South Africa. Beneficiary organisations from other jurisdictions must agree to South African law for any legal matters arising from the campaign.
In the event of any dispute arising out of or relating to this agreement, the parties agree to first attempt to resolve the dispute through good-faith negotiations. If the dispute cannot be resolved through negotiation within 30 days, the parties agree to submit the dispute to mediation before resorting to arbitration or litigation. The mediation shall be conducted by a mutually agreed-upon mediator in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA). The costs of mediation shall be shared equally by the parties.
13. Limitation of Liability
Both parties agree to not hold or be held liable for any indirect, special, or consequential damages arising from the use or inability to use the digital solutions developed as part of the campaign. The beneficiary organisation agrees to indemnify and hold Obami harmless from any claims, damages, or expenses arising from the beneficiary organisation's use of the digital solutions or any breach of this agreement by the beneficiary organisation. This limitation of liability applies equally to both parties.
14. Modifications
Obami reserves the right to modify the terms of the "Tech in Kind" campaign, with prior notice to participating beneficiary organisations.
