Education Services Kenya - Terms & conditions

Buyers (including their delegates) are required to comply with Hewlett-Packard's regulations for Customer Education courses, notice of which is provided to Delegates at the commencement of the course.

a) HP warrants that all courses supplied hereunder will be conducted in a professional manner in accordance with generally recognized 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 2, HP makes no warranties express or implied in respect of any course(s), services or materials supplied hereunder, and HP specifically disclaims all warranties implied by law. If HP can be shown to have failed to fulfill its warranty obligations under Clauses 2a) or 2b) then HP shall reimburse Buyer up to the total cost of the course in question.

Written confirmation of a booking, together with an order number must be made by e-mail, letter or fax, addressed to the Hewlett-Packard Education Services Centre. Provisional bookings by phone can only be held open for 5 working days.

Buyer agrees to pay the following charges to Hewlett-Packard in the event that they/their Delegates fail to attend or withdraw for whatever reason prior to the commencement of the course: -

a) Substitution of Delegates from the same company by Buyer will be allowed up to the commencement of the course without penalty provided the replacement has the necessary prerequisites for the course.

b) In the event that Buyer chooses to transfer delegate(s) to other course(s) the following charges shall be payable: -

The price payable shall be in accordance with that stated in the training catalogue current at the tune of booking unless otherwise stated.

Courses must be paid in full on or before the first day of course commencement unless the buyer has an HP account. Where Buyer fails to pay any sum when due, then HP may discontinue performance under these terms.

Unless otherwise stipulated, all courses will commence on the start date as specified by Hewlett-Packard in the student confirmation letter. Hewlett-Packard undertakes to give reasonable notice of cancellation of any course except in an 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.

Hewlett-Packard 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 Hewlett-Packard premises or other premises where the course is held.

It is accepted and understood that on occasions it may be necessary for Hewlett-Packard 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. Hewlett-Packard shall be responsible for applying for any necessary authorizations from Export Control Authorities to enable delivery to be made to Buyer. The 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 RSA.

In the event any HP Confidential Information (which will be identified as such by HP prior to disclosure) is included in any Customer course, then Buyer and its delegates will be obliged to keep such information strictly confidential and not to disclose it to any third party whomsoever.

All reference materials and equipment provided for use throughout the course are and shall remain the sole property and copyright of Hewlett-Packard Education Services Organization (unless otherwise advised) and shall not be removed from the premises on which the course is held. All rights in materials and courses are reserved. The copying, loan, unauthorized use or hire of any course materials (in whole or in part) provided to delegates is prohibited.

Buyer accepts responsibility for compliance by its delegates with these terms and conditions. Buyer agrees to indemnify Hewlett-Packard in full in respect of any loss, damage or injury suffered by Hewlett-Packard or its employees by the conduct, act, negligence or omission of the Buyer or any of its delegates.

a) Hewlett-Packard will not be liable for delays or non-performance due to causes beyond its reasonable control.

b) The remedies provided herein shall be Buyer's sole and exclusive remedies and HP shall not otherwise be liable to Buyer for any direct or indirect damages however based.

c) The foregoing limitation of liability shall not apply to personal injury, death or loss of or damage to property resulting from HP's negligence provided that HP's liability for such loss or damage to property shall not exceed US$100,000 or the price of the course for each event or series of events arising from the same cause.