Hewlett-Packard Belgium Education Terms and Conditions
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These education terms and conditions shall apply to all offers, activities, price quotations and agreements for courses, training sessions or programmes (referred to hereafter as “courses”) between Hewlett-Packard Belgium. (“HP”) and its Clients.
HP reserves the right to amend the course material, course content and composition of a course or seminar if circumstances so dictate, without stating its reasons for doing so in advance.
In addition to these education terms and conditions, HP’s General Terms and Conditions for sales of products and support services with reference E16 - HPB March 2003, Revision Number 9, shall apply. In case of conflicts between these Education Terms and Conditions and HP’s General Terms and Conditions for sales of products and support services, the terms and conditions set out in this document shall prevail.
2. Acceptance of assignment
HP shall only accept course assignments for which it has the appropriate qualifications. The instructors who are to give a course on behalf of HP shall be capable of working effectively on the course assignment based on their knowledge, experience and personality. HP must ensure that circumstances are such that all the persons who are to work on carrying out an assignment on the part of the Client are fully aware of what their work entails.
3. Creation of assignment
Before accepting a course assignment, HP undertakes, in the event of non-standard courses (=courses which are not listed in the most recent version of the “Hewlett-Packard Course Catalogue”), to gather all the information which is reasonably required to perform the assignment properly. To the best of its knowledge, the Client shall have provided all the information needed to prepare and carry out the course assignment.
The Client and HP can, in this manner, come to understand the point of the training, the scope of the training project and the possible results thereof. Should any costs be incurred in the preliminary research stage, the applicable terms and conditions shall be agreed upon with the Client in advance.
Enrolment in standard courses (= courses listed in the most recent version of the “Hewlett-Packard Customer Education catalogue”) shall take place in writing by submitting a completed enrolment form. Enrolment by telephone must be confirmed in writing by submitting the original enrolment form. It shall also be possible to enrol via the Hewlett Packard website www.hp.be/education. Enrolment shall only be finalised upon confirmation by HP. HP reserves the right to exclude individual participants from courses.
a) HP warrants that all courses supplied hereunder will be conducted in a professional manner in accordance with generally recognised practices and standards.
b) HP warrants that all course instructors will be appropriately qualified and experienced and that all materials supplied hereunder shall conform with their published specifications.
c) HP makes no warranty as to the suitability of any materials, courses or other services supplied hereunder.
d) Given no services, courses or materials can replace proper business judgment; HP shall not be responsible for any business or other decisions made, or actions taken by Buyer or any delegate(s) based on any part of any materials services or course(s) supplied. Buyer shall have sole responsibility for accomplishing any objectives for which Buyer purchases any materials course(s) or services.
e) With the exception of the warranties provided in this Clause 4, HP makes no warranties express or implied in respect of any course(s), services or materials supplied
HP hereby declares that it has all the facilities required to carry out the course assignment properly. Unless indicated otherwise, the courses shall be given at the HP training centre in Woluwe. In relevant cases, the courses shall also be given at other locations.
The courses shall be conducted in English, unless indicated otherwise. The course material shall usually be in English.
Should courses be given on-site at the Client’s premises, arrangements shall be made concerning the conditions with which the facilities at the relevant site must comply. If it becomes clear to HP that the terms and conditions for giving the course have not been complied with and that HP can no longer guarantee the quality of the course as a result, HP reserves the right to cancel or suspend the course. Should HP decide to cancel or suspend the course, it shall be entitled to compensation in connection with the costs already incurred and the demonstrable staffing costs lost as a result.
6. Cancellation by Client
Clients may cancel the enrolment of one or more course participants, or the hiring of an instructor or rent of a classroom up to ten (10) working days prior to the start of the course. If cancellation takes place within ten (10) working days of the start of the course, the entire course fee shall be payable.
In the event of unilateral cancellation by the Client, the Client shall not automatically be entitled to reschedule participation in a course, the rent of a classroom or hiring of an instructor at another point in time. Rescheduling a course assignment to another point in time shall be regarded as cancellation of the assignment.
All cancellations must be confirmed in writing in good time.
7. Cancellation by HP
HP shall make every effort to ensure that a scheduled course will take place. Should unforeseen circumstances mean that a course has to be cancelled or rescheduled, HP shall not be responsible for any and all damages whatsoever that arises from the cancellation or rescheduling of the course.
HP shall maintain strict confidentiality when using any confidential information with which it is provided or to which it becomes privy within the context of training.
9. Number of participants
For pedagogical reasons, HP shall set a minimum and maximum number of participants for each course. HP reserves the right to cancel courses for which an insufficient number of participants have enrolled.
10. Intellectual property
Any models, techniques, instruments and course materials, including software, which are used to carry out the assignment and are included in the training session or programme shall be and shall remain the sole property of HP. Disclosure shall therefore only be permitted after obtaining HP’s written consent. It shall be prohibited to copy some or all of HP’s models, techniques, instruments and course material, including software, or to revise or amend the same without HP’s written consent.
11. Course Start Date and Delivery
Unless otherwise stipulated, all courses will commence on the start date as specified by HP in the current Customer Education Catalogue.
HP undertakes to give reasonable notice of cancellation of any course except in case of emergency. Buyer is entitled to a refund of any fee paid but shall not otherwise be entitled to compensation or costs or damages arising from any such cancellation.
HP reserves the right to refuse admission to any person whom it considers in its absolute discretion to be unsuitable for admission to any Customer Education course, or to request any person in breach of its course regulations to leave HP premises or other premises where the course is held.
It is accepted and understood that on occasions it may be necessary for HP to obtain authorization from the U.S. Department of Commerce before training products, services and or technical data covered by this agreement can be provided or delivered. HP shall be responsible for applying for any necessary authorizations from Export Control Authorities to enable delivery to be made to Buyer. Buyer shall provide any information required in support of such applications. Delivery of product is subject to such authorizations being available at time of delivery. Buyer undertakes not to deal with the products or technical data in violation of U.S. Export Administration and other applicable regulations. Buyer shall be responsible for obtaining any necessary authorizations for re-export or transshipment from Belgium.
In the event any HP Confidential Information (which will be identified as such by HP prior to disclosure) is included in any course, then Buyer and its delegates will be obliged to keep such information strictly confidential and to not to disclose it to any third party whomsoever.
All materials used in the course (including software) shall be protected by copyright and shall consequently not be duplicated in any manner whatsoever without the explicit consent of the author or authors. It shall be prohibited to furnish any material to third parties, either in part or in whole, or to use such material or have it used for educational purposes, regardless of the form.
The recording of images and/or sound during a course (or parts thereof) shall be expressly prohibited.
Buyer accepts responsibility for compliance by its delegates with these terms and conditions. Buyer agrees to indemnify HP in full in respect of any loss, damage or injury suffered by HP or its employees by the conduct, act, negligence or omission of the Buyer or any of its delegates.
A. These terms and conditions together with HP’s General Terms and Conditions for sales of products and support services with reference E16 - HPB March 2003, Revision Number 9, constitute the entire agreement between the parties and supersede all other terms and conditions contained on any acknowledgement form, or any other document issued by either party.
B. Information contained herein is correct at time of going to press.
C. HP is willing to put delegates/Buyers in touch with an independent travel services company which will be prepared to assist delegates in securing suitable local hotel accommodation. However, HP will not itself be involved in or have any control over the securing of such accommodation, and as such cannot accept any responsibility whatsoever for any default or failure on the part of the travel company in providing accommodation or other related services. Such services shall be the subject of any independent arrangement between the travel company and delegate/ Buyer concerned.