The gtsacademy programme:

Terms and conditions

Last revision: September 28, 2004

1.0 Definitions

In these terms and conditions:

• 'Company' means (gtslearning PLC) gtslearning International Ltd, and its associated companies gtsglobal PLC, GTS (London) Ltd, GTS Ltd and Global Training Solutions Inc;
• 'Products' means courseware or other training products provided by the Company to the Gtsacademy Member for IT training;
• 'Gtsacademy Member' is defined as a school, college of further or higher education, university, government reskilling body or other not-for-profit learning provider as approved by the Company;
• 'Resources' means electronic or printed content or media that may be supplied by the Company and used by the Customer to facilitate the delivery of a training course.

Ordering

Orders can be made on line or by fax (using a standard Company order form, available on request), allowing sufficient time for fulfilment before the course start date. The Company can accept no responsibility for any delay in delivery.

There shall be no binding agreement between the Company and the Gtsacademy Member until the Gtsacademy Member's order has been confirmed in writing by the Company. All orders are accepted subject to these terms and conditions. Please check exact product descriptions when placing an order.

Unless by prior arrangement with an official from the Company, orders for single copies of printed manuals will be fulfilled with an ‘evaluation’ watermark. Orders for two or more copies of an individual manual will receive the standard printed courseware.

Invoicing

Unless otherwise expressly agreed in writing, Products shall be provided at the prices stated in the current gtsacademy price list at the date of ordering. All prices quoted shall be exclusive of Value Added Tax, applicable local sales tax and carriage, unless otherwise expressly stated. The Company shall issue invoices to the Gtsacademy Member.

Returns

The Company cannot accept any return of Products supplied. If any Products are damaged when delivered to the Gtsacademy Member, the Company reserves the right to replace the goods. Notification of damage must be made within two working days of delivery to the Gtsacademy Member.

Changes

The Company reserves the right to change the content of the Products, particularly to reflect advancements of methodologies. The Company will use all reasonable endeavors to give as much advance notice of any alteration as possible.

Errors and Omissions, Liability

The Company will assume no responsibility for any errors or omissions within the Products that it supplies. Without prejudice to these terms and conditions, the Company’s sole liability is to supply the Products that the Gtsacademy Member has ordered. The Company shall have no liability and the Gtsacademy Member shall indemnify the Company and keep it indemnified against any claims, costs or expenses which may be made against or incurred by the Company in respect of any death of or injury to any person using the Products, except in the case of death or personal injury caused by the Company’s negligence. In no event shall gtslearning have any liability whatsoever to the Gtsacademy Member or any third party for any loss of revenue, profit, data or goodwill or for any incidental special (consequential) loss or damage arising from the use of gtslearning products.

Conditions

The ordering of Products implies acceptance of these terms and conditions by the Gtsacademy Member, which supersede in their entirety, any condition contained in any purchase order or other documentation, which the Gtsacademy Member may issue. These terms and conditions supersede any already published pertaining to the provision of any Products by the Company.

Reservation of title

The ownership of and the property in the goods shall remain in the Company until the full price of the goods has been received by the Company. Until payment has been received, the Gtsacademy Member shall keep the goods separate and store them in such a way that they are clearly identifiable as the property of the Company. Until the property in the goods passes to the Gtsacademy Member, the Gtsacademy Member shall hold the same as bailee for the Company and as such shall be bound by all the fiduciary obligations arising out of such bailment. Notwithstanding the forgoing the Gtsacademy Member shall be entitled to sell the goods, but the Gtsacademy Member in its fiduciary capacity as bailee, shall be bound to account fully to the Company in respect of the proceeds of sales thereof and shall be obliged to keep these proceeds segregated in a separate account. The said duty to account is absolute and shall arise on every resale of goods which have been supplied by the Company to the Gtsacademy Member and shall not be deemed to be waived whether the resale shall occur within the period of credit granted by the Company to the Gtsacademy Member or otherwise.

The Company reserves the right to repossess any goods sold hereunder to the Gtsacademy Member in respect of which payment is overdue and thereafter to resell the same. For this purpose, the Gtsacademy Member hereby grants an irrevocable right and licence to the Company through its servants and agents to enter with or without vehicles upon all and any premises in which such goods may be.

Payment

All invoices are payable within 30 days of the date of invoice, (unless the order is under £100 where payment in advance by credit card is necessary). Time is of the essence with regard to payment of any sums due to the Company. The Gtsacademy Member shall not be entitled to withhold payment of any amount due to the Company in respect of any claims for alleged breach of contract by the Company or on any other account whatsoever, nor shall the Gtsacademy Member be entitled to any right of set off. Without prejudice to the Company’s other rights, if the Gtsacademy Member fails to pay any amount before the due date:

• the Company shall have the right to refuse to accept any further orders placed by the Gtsacademy Member;
• the Company reserves the right to charge interest on overdue accounts at the rate of 2% per month or part
  thereof until full payment has been received;
• the whole amount of the balance then outstanding to the Company by the Gtsacademy Member on any account whatsoever shall become due and payable.

Intellectual property

Copyright and all other intellectual property rights in any work created by or for the Company, together with the knowhow developed and/or utilised in preparing and/or providing any Course, shall vest in the Company. The Gtsacademy Member’s use of Products shall be by way of a non-exclusive, non-assignable licence only and the Gtsacademy Member shall not make any copies of any such materials nor disclose or make them available to any third party. The Gtsacademy Member may make backup copies of the Product provided that all copyright notices are copied to the backup copies.

All Products are supplied to the Gtsacademy Member by the Company on a single copy per student basis; that is, a single copy of a training product, such as a course book with an online learning enrolment key, must be given to one individual student to keep for themselves and must not be retained by the Gtsacademy Member for use with other students, nor photocopied or reproduced in any form without the express written permission of a gtslearning director. The Customer must report to the Gtsacademy Member any incidence of a number of students sharing a single copy of the Product and the Gtsacademy Member will accordingly charge the full catalogue price for each student sharing a single copy of the Product.

The Gtsacademy Member must report to the Company any incidence of a number of students sharing a single copy of the Product and the Company will accordingly charge the full catalogue price for each student sharing a single copy of the Product.

Additional Resources that may be made available to the Gtsacademy Member by the Company may only be used in conjunction with Products supplied by the Company. No material changes to these Resources are permitted without express written permission of a director of the Company. These resources may not be used in conjunction with content from any other supplier.

The Company gives no warranty that the provision of any Products shall not infringe any United Kingdom or other letters patent, copyright or other intellectual property rights owned by third parties. The Company shall not be liable to the Gtsacademy Member for any costs, claims, demands, loss or damage relating to the infringement of any copyright or intellectual property rights that may arise from or out of the use thereof by the Gtsacademy Member. In the event of any threat of proceedings being made or action brought against the Gtsacademy Member on the ground of an infringement of such rights the Gtsacademy Member shall immediately inform the Company of the same and shall deliver to the Company all communications in connection therewith and render such assistance as the Company may reasonably require in defence thereof.

Product licenses are subject to their own particulars of use and copies of these may be provided on request.

Severability

If and to the extent that any provisions or any part of these terms and conditions is deemed to be illegal, void or unenforceable for any reason, then such provision or part thereof shall be deemed to be severed from the remaining provisions all of which shall remain in full force and effect.

Trade and service marks

All trade and service mark ownership is respectfully acknowledged.

Membership

Membership to the gtsacademy is restricted to academic institutions as stated in definitions and is granted at the discretion of the Company.

About gtslearning :: CompTIA certifications :: CompTIA courseware :: Buy online today