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MTAIND Services Terms & Conditions


1. DEFINITIONS

a. "MTAIND Education Services" means training, courses, services and Course Materials delivered by MTAIND. Courses may be in various formats including, but not limited to, classroom scheduled seats (such as scheduled instructor led training at an MTAIND facility and remotely assisted instructional learning); onsite dedicated training at MTAIND, Customer or neutral site; lecture only training; online lecture only training; and web based self paced training.

b. "MTAIND Data Sheet" means an MTAIND standard specification document describing the details and features of the MTAIND Education Services offering to be provided.

c. "Statement of Work" or "SOW" means a document signed by MTAIND and Customer that describes the specific MTAIND Education Services to be provided by MTAIND. SOWs are generally applicable to dedicated training specific to Customer's requirements.

d. "T&C's" means this document entitled "MTAIND Education Services Terms and Conditions".

e. "Course Materials" means courses, documentation (for example, questionnaires and process guidelines), educational materials (for example, student workbooks, instructor guides, and computer-based training), and other written information (in any form including electronic) and any other materials.

f. "Customer" means either (i) end-user MTAIND customer who purchases the MTAIND Education Services described in these T&C from MTAIND or from an authorized MTAIND reseller, wholesaler, or distributor, or (ii) an MTAIND authorized reseller, wholesaler, or distributor who purchases MTAIND Education Services in order to provide such MTAIND Education Services to its customer.


2. MTAIND EDUCATION SERVICES

a. MTAIND will provide the MTAIND Education Services described in the applicable MTAIND Data Sheet and/or Statement of Work in accordance with these T&Cs.


3. ORDERS AND ACCEPTANCE

a. For open enrollment classes MTAIND will provide Customer with a reservation notice as soon as possible after receipt of Customer order and will provide Customer a confirmation notice after receipt of a valid method of payment or signed SOW, if applicable.

b. The parties hereby agree that they may do business electronically, including contract formation, order placement and acceptance. Any orders placed by Customer and accepted by MTAIND on any MTAIND.com website or MTAIND/Customer extranet site will create fully enforceable obligations that will be subject to the T&Cs. Such orders and acceptances will be deemed for all purposes to be: 1) business records originated and maintained in documentary form; 2) a "writing" MTAIND EDUCATION SERVICES TERMS AND CONDITIONS or "in writing"; 3) "signed"; and 4) an "original" when printed from electronic files or records established and maintained in the normal course of business. The parties further agree not to contest the validity or enforceability of such transactions under the provisions of any applicable law relating to whether certain agreements are to be in writing or signed by the parties to be bound thereby and will be admissible if introduced as evidence on paper in any judicial, arbitration, mediation, or administrative proceeding to the same extent and under the same conditions as other business records originated and maintained in documentary form.

c. Acceptance of MTAIND Education Services will occur upon MTAIND's performance of such services.


4. WARRANTY

a. MTAIND warrants that all MTAIND Education Services will be provided using generally recognized commercial practices and standards.

b. MTAIND makes no other warranty or representation as to the suitability or quality of the MTAIND Education Services. MTAIND expressly disclaims all liability for anything done or omitted in reliance upon the MTAIND Education Services or Training Materials. Customer shall have sole responsibility for fulfilling any requirements or accomplishing any objectives for which Customer purchased any MTAIND Education Services.

THE WARRANTY CONTAINED IN THIS SECTION 4 IS EXCLUSIVE. NO OTHER WARRANTY, WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED BY MTAIND OR MAY BE INFERRED FROM A COURSE OF DEALING OR USAGE OF TRADE. TO THE EXTENT ALLOWED BY LOCAL LAW MTAIND DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.


5. CANCELLATION

a. Unless otherwise specified or agreed in writing by MTAIND, all courses shall commence on the date specified by MTAIND in the order confirmation or SOW. MTAIND reserves the right to change or cancel online lecture only training events up to 3 business days prior to the class start date and any other training event up to 10 MTAIND business days prior to the class start date.

b. MTAIND will use reasonable efforts to give notice of any cancellation of any course. If the course cannot be rescheduled, Customer may be entitled to a refund of any fee paid in respect of the cancelled services but shall not otherwise be entitled to any compensation, costs, losses or damages arising from such cancellation.

c. Cancellations or rescheduling of courses must be made within the specified number of MTAIND business days prior to the start date of the class or the full tuition will be charged. Such days will be specified in the SOW or order confirmation letter.

d. MTAIND business days are Monday through Friday, excluding local MTAIND holidays


6. PAYMENTS

a. MTAIND reserves the right to change course prices at any time. In the event of such change, confirmed registrations will be honored at the original price. Registrations confirmed by a purchase order within 30 days of a price increase will also be honored at the original price.

b. Prices are exclusive of, and Customer shall pay, all taxes, duties, levies or fees, or other similar charges imposed on MTAIND or on Customer by any taxing authority (other than taxes imposed on MTAIND's income) related to Customer's order, unless Customer has provided MTAIND with an appropriate exemption certificate. Such taxes and duties, when applicable, will be added to MTAIND's invoices. Further, if class deliveries are requested outside of the original invoicing country, it may be necessary for MTAIND to issue an invoice from the delivery country location.

c. Customer agrees to pay, without offset, all invoiced amounts within thirty (30) days of MTAIND's invoice date. MTAIND may change credit or payment terms for unfulfilled orders if, in MTAIND's reasonable opinion, Customer's financial condition, previous payment record, or relationship with MTAIND merits such change.

d. When Customer has otherwise purchased a volume discounted education package, Customer may utilize such package for fulfillment of payment obligations for orders issued hereunder; provided, however sufficient credits must exist to pay in full for all MTAIND Education Services that will be delivered pursuant to the order. If additional credits are needed, Customer may purchase such credits from MTAIND or an authorized MTAIND reseller prior to the commencement of the MTAIND Education Services or provide another valid method of payment for the difference. If Customer provides such other method of payment the volume discount will not apply.


7. INTELLECTUAL PROPERTY

a. All Course Materials provided for use throughout the course are the copyrighted works of MTAIND or the original content provider. Unless otherwise set forth in the SOW, the Course Materials are provided for the sole use of the person attending classes and may not be used by any other person and may not be reproduced, distributed or modified without the written permission of MTAIND.

b. MTAIND will defend or settle any claim against Customer regarding the MTAIND Education Services, to the effect that MTAIND knowingly infringed a patent, utility model, industrial design, copyright, trade secret, mask work or trademark in the country where such MTAIND Education Services are delivered; provided however that Customer promptly notifies MTAIND in writing of the claim, and Customer cooperates with MTAIND in, and grants MTAIND sole control of, the defense or settlement.


8. REMEDIES AND LIABILITIES

a. MTAIND's total aggregate liability to Customer for any reason and upon all claims and causes of action hereunder ill be limited to the amount of fees paid by Customer for the MTAIND Education Services giving rise to the claim or cause of action. This limitation applies to all causes of action or claims including without limitation breach of contract, breach of warranty, negligence, strict liability or other torts. In no event will MTAIND be liable for any consequential, special, indirect, incidental or punitive damages, including without limitation loss of data, loss of profits or loss of savings or revenue, even if it has been advised of the possibility of such damages.

b. In no event will any cause of action be brought against MTAIND more than one year after the cause of action has accrued.

c. THE REMEDIES IN THESE T&Cs ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES.

d. The parties understand and agree that, to the extent permitted by applicable law, the foregoing exclusions and limitations of liability represent the parties' agreement as to allocation of risk between them in connection with their respective obligations hereunder. The fees payable to MTAIND reflect, and are set in reliance upon, this allocation of risk and the exclusions and limitations of liability set forth in these terms and conditions.


9. GENERAL

a. Customer acknowledges and agrees that temporary interruptions of online training services may occur from time to time. MTAIND shall exercise reasonable care to prevent or minimize such interruptions.

b. MTAIND shall not be liable to Customer for any failure or delay in receiving or transmitting data, or for any loss of or corruption to any data arising out of or in connection with delivering or conducting online training services.

c. MTAIND may refuse any individual admission, to a course, that it considers to be a safety or security risk to other course participants or the premises where the course is being held. Additionally, MTAIND may request any person in breach of its course regulations to leave the MTAIND premises or other premises where the course is held. Fees paid for course participant not admitted due to these circumstances will be forfeited and Customer will not be entitled to a refund for any portion there of.

d. MTAIND will not be liable for performance delays or for non- performance, due to causes beyond its reasonable control.

e. Except with respect to MTAIND's rights regarding the use of subcontractors, neither party may assign any rights or obligations hereunder without prior written consent of the other party. MTAIND may, however, assign any rights and obligations hereunder to an affiliated entity at any time subject to written notice. These terms and conditions will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

f. Customer who exports, re-exports or imports data purchased hereunder, assumes responsibility for complying with applicable laws and regulations, and for obtaining required export and import authorizations. MTAIND may suspend performance under this Agreement: i) if the Customer is in violation of applicable laws and regulations, and ii) to the extent necessary to assure compliance under U.S. or other applicable export or similar regulations.

g. Disputes arising in connection with these T&Cs will be governed by the laws of the country and locality in which MTAIND accepts the order.

h. If any term or provision herein is determined to be illegal or unenforceable, the validity or enforceability of the remainder of the terms or provisions herein will remain in full force and effect.

i. Customer will comply with the general obligations specified by these Terms and Conditions together with any specific Customer obligations described in the Statement of Work, in a timely manner. Customer acknowledges that MTAIND's ability to deliver the MTAIND Education Services is dependent upon Customer's full and timely cooperation with MTAIND, as well as the accuracy and completeness of any information and data Customer provides to MTAIND.

j. Neither party's failure to exercise any of its rights under these T&Cs will constitute or be deemed a waiver or forfeiture of those rights.

k. These T&Cs and, any applicable MTAIND order confirmation, SOW and/or MTAIND Data Sheet, constitute the entire agreement between MTAIND and Customer and supersede any previous communications, representations or agreements between the parties, whether oral or written, regarding transactions hereunder. Customer's additional or different terms and conditions will not apply. Customer's purchase will constitute Customer's acceptance of these T&Cs which T&Cs may not be changed except by an amendment signed by an authorized representative of each party.

Some important points to note


1. MTAIND reserves the right to withdraw the Program or change the date/location of any course at any given point of time without giving prior notice or assigning any reason.

2. Registering at the web site does not entitle you to the right of admission/selection for the course. The Selection Committee reserves the right to select or reject a candidate without any notice or assigning any reason whatsoever.

3. Selected candidates are required to comply with the rules laid down in the Policy section and MTAIND reserves the right to expel a student or terminate the candidature at any time if found otherwise.

4. MTAIND reserves the right to review / change the Policy from time to time. It is in the interest of the candidates to keep reviewing the policy from time to time and comply with the rules laid down therein in their own interest.

5.This Statement is not intended to and does not create any contractual or other legal rights in or on behalf of any party.

6.By registering with us, you give your consent to receive, from time to time, text messages from us which may include offers from us or our affiliates and partners.