Opsera Training Services - Terms and Conditions

    

These terms shall apply to all training services provided by Opsera Limited.

Definitions

• The Student is the person attending the training course
• The Host is the member of Opsera staff providing the training session
• The Course is a complete body of prescribed studies constituting a curriculum
• The Training Session is one specific instance of the Course
• The Software is the Opsera owned software that is the subject of the course

1.0 Payment

1.1 The fee is payable before the start of the Training Session in order to reserve a place. Until payment is received it will not be possible to confirm a place on the course.

1.2 Non-UK Sales Tax will be charged in accordance with the prevailing legislation. UK Sales Tax (VAT) shall be applied at the standard rate of 15% between 1st December 2008 and 31st December 2009. Otherwise VAT will be charged at 17.5%.

1.3 You will have 5 working days from delivery of the Training Session to raise reasonable comments or objections about the course in writing. Opsera will endeavor to resolve your objections quickly and fairly, but if you remain dissatisfied, then we will provide a full refund of your Training Session fee.

2.0 Intellectual Property

2.1 Opsera will retain the Intellectual Property Rights and copyright of all materials used in the Course. Opsera owns all right, title and interest in and to all Opsera logos, trade names, trademarks and service marks, (collectively, the "Opsera Marks") and are the sole and exclusive property of Opsera and may not be used without Opsera's prior written consent. All copyright, trade marks and other intellectual property rights subsisting in or used in connection with the Software (including but not limited to all images, animations, audio or other identifiable material relating to the Software) are and remain the sole property of Opsera.

3.0 Liability

3.1 Neither party shall have any liability to the other which is greater than the fees payable for the Training Session (except for liability for death or personal injury which is unlimited under law).

3.2 Neither party will be liable to the other for any delay in or failure to perform its obligations as a result of any cause beyond its respective reasonable control including strikes, lock-outs or other industrial disputes (whether involving employees or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.

3.3 Opsera will take no responsibility or liability for the behavior of other course attendees.

4.0 Course Cancellation

4,1 If the Student cancels the Training Session more than 48 hours before the Training Session is scheduled to take place 80% of the fees will be refunded. This small retention fee will cover Opsera's administration costs.

4.2 If the Student cancels the Training Session less than 48 hours before the Training Session is scheduled to take place the course fee will not be refunded. The Student may be rescheduled on a future Training Session at Opsera's discretion.

4.3 If Opsera cancels a Training Session because the number of subscribers is below the minimum level or for other operational reasons, the Student will be issued a credit that may be used for a future Training Session for that Course. If Opsera discontinue the Course then we will provide a full refund of your Training Session fee.

4.4 Opsera reserves the right to refuse or limit any services for a Training Session if a Student fails to satisfy the requirements for a Course as published or provided to the Student by Opsera prior to the start of such Course. In such cases no refund or cancellation fee will be paid.

4.5 If due to unforeseen circumstances it is necessary to abandon a Training Session the Student will be issued a full credit that may be used for a future Training Session for that Course

5.0 Student Conduct

5.1 The Student shall use all reasonable endeavors to observe all health and safety rules and regulations and any other reasonable security requirements that apply to the premises and have been communicated to them by Opsera,

5.2 Opsera reserves the right to refuse, limit or cancel any Training Session if a Student in the sole opinion of Opsera has displayed unreasonable behavior or is deemed to be violent, abusive or disruptive. In such cases no refund or cancellation fee will be paid.