THIS AGREEMENT AND PARTIES
This agreement is made between:
- us, NobleProg LLC (herein known as NobleProg) located on 19 West 34th Street, #1018, New York, NY 10001, which can be represented by its Franchisees,
- and you, the individual client, partnership or company named on the Course Registration Form duly signed by your authorized representative.
The individual signing the course registration form or the directors of a limited company or partners of a partnership will be personally liable for any commitments made, but not fully met by themselves or their organizations, especially if these organizations cease trading and not all financial obligations have been met by any party.
The agreement will come into effect once we receive your Course Registration Form and confirm your course booking. If a completed form is not received by us, it shall be assumed that if we reach an agreement by email, fax, verbally or in writing to undertake work for you, then the terms below are agreeable to both parties.
Any conditions submitted, proposed or stipulated by you in whatever form and at whatever time, whether written or oral, are expressly waived and excluded.
No change to this agreement or terms shall be binding unless agreed to in writing by us, even if you amend the booking form to reflect this proposed change.
ENQUIRIES & BOOKINGS
Enquiries may be made by phone however any special arrangements or deviation from our terms and conditions should be agreed to by us in writing. A completed course registration form should be submitted on the NobleProg web page, sent by fax or by post and upon receipt of the correctly completed course registration form a provisional place will be reserved for the attendees, subject to payment as below.
Scheduled course fees are published but should be confirmed prior to booking.
You agree to pay (cleared funds to be paid in respect of) the full agreed fees within five working days of the invoice being issued. Unless agreed upon in writing in advance, failure to pay for a course prior to the course being organized, may be interpreted by us as a cancellation and an additional cancellation fee may then apply as per the cancellation terms below.
A Standby booking constitutes an agreement to purchase, once a course date has been confirmed
An Invoice will then be issued against the confirmed course event date.
The booking will then be bound by the rest these T&C's
CANCELLATION OR POSTPONEMENT BY CLIENT
Cancellations and postponements must be notified of in writing immediately, and must be received at our offices at least 16 working days prior to the course date. This applies to all scheduled and non-scheduled courses. Penalty Fees may be incurred as a percentage of the published course fee of the particular course being cancelled or postponed at the date of the course, depending on the notice period given prior to the course date:
20 days: 100% of published course fee payable
21-30 days: 50% of published course fee payable
31 days or more: no penalty
CREDIT/DEBIT CARD REFUND POLICY
Refunds may be offered at the discretion of management.
TRANSFERS AND SUBSTITUTES
Transfers to other courses may be possible depending on availability but these will be on a standby basis only. Cancellation fees may still apply if sufficient notice is not provided as stated above. All transfers will be incur an administration fee of $50.
Substitute attendees with suitable experience may be sent at short notice at no additional charge.
CANCELLATION AND RESCHEDULING BY NobleProg
NobleProg reserves the right to cancel or reschedule a course or part thereof at any time. In the event of NobleProg having to cancel or re-schedule a course, attendees will be offered an alternative course date or the option to withdraw from the course and a credit/refund issued if appropriate. We cannot take responsibility for additional expenses incurred by the client as a result of cancellation or re-scheduling by us.
All copyright and other intellectual property in all material, which we prepare for use prior to or during the course, including marketing and course notes, shall be and remain vested by us.
The specific course content is detailed in the course outline, which may be subject to change, and should be confirmed at the time of booking. We endeavor to address all parts of the course as detailed in the course outline, but this cannot be guaranteed. We may, if possible, change course content at the request of attendees provided this is agreeable to by all parties or is felt to be necessary by the tutor. Course duration may vary (by hours or days) depending on the number of attendees, rate of delivery and aptitude of attendees. Courses will normally run from 9:30 AM to 4:30 PM with a 1-hour lunch and some refreshment breaks.
Documentation may be provided for some courses and may vary in style and depth. Documentation purchase, preparation, duplication and licensing for non-scheduled courses will be charged on top of the course delivery fees, and an invoice will be raised following the course once precise costs are known.
ATTENDEE EXPERIENCE AND BEHAVIOR
Attendees are expected to behave professionally at all times during the course. Intoxication and disorderly behavior will not be tolerated.
Attendees must fulfill the minimum requirements specified in the course. Failure to adhere to these pre-requisites will impact our ability to deliver the course effectively. Inexperienced, over experienced and under or over qualified attendees may attend courses but must realize that the benefits gained will be limited and that instructors cannot normally change course content and depth to suit these attendees, unless by prior arrangement.
We reserve the right to exclude attendees from the course (without a fee refund) at any time if they cause interruptions or delays for the above, any other reasons affecting the course delivery, or if their qualifications and current experience impact on our ability to deliver the course as originally intended.
We reserve the right to stop a course (without a refund of fees) should attendees misbehave, cause interruptions or should their experience and qualifications be such that we cannot continue to deliver the course as originally intended in terms of content and depth.
All claims made against us by other clients or attendees as a result of such delays or interruptions will be chargeable to those causing the delays.
Up until twelve months after the completion of the Training Event, neither party (unless agreed to otherwise in writing) will solicit the employment
or services of any personnel who has been engaged in connection with the Training.
Liquidated damages for breach of this provision will be equal to the gross salary or fees of that person for the first twelve months of his new employment or service contract, or $1 000 000 whichever is the higher.
The client (and any other parties introduced by the client to NobleProg representatives directly or indirectly) will not, under any circumstances, conduct any direct negotiations with NobleProg representative (or parties introduced by them directly or indirectly) in respect of this or any other planned work without prior approval in writing from NobleProg. Any loss of actual or future business resulting from such negotiations will be charged to the client at a rate of $50 000 per day for each day of lost business or at the value of the lost business whichever is greater. The client is assumed to have Software licenses for all courses we run for the client regardless of the location of the training or hardware used, whether provided by the client or us. Attendees will be responsible for any damage they cause to our data, equipment or premises to the value of resulting losses. Equipment used will normally be IBM PC compatible hardware.
NobleProg will not take any responsibility whatever for theft or losses to client's belongings left at our premises, or to any damage or loss resulting from attending our premises or our courses/services anywhere in the world. Valuables, computer equipment, personal property, etc., should never be left unattended, even if our instructors/consultants and staff offer to look after these items during breaks, as we have no means of verifying and insuring the items and any losses that may occur. A Course is assumed to be progressing to the client’s satisfaction until a client points out to the instructor that it is not and details the differences between the pre-agreed course content and the content actually being delivered. If appropriate, the instructor may vary the content from that point on in line with requests, as long as all attendees agree and it is reasonable to expect the instructor to do so.
NOBLEPROG ASSUMES NO LIABILITY AND SHALL NOT BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS WITH RESPECT TO THE FUNCTIONING OF THE CODE, METHODS AND EXAMPLES PRESENTED DURING THE COURSE. MOREOVER, NOBLEPROG DOES NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS OR OTHER CHARACTERISTICS OF ANY MATERIAL AVAILABLE THROUGH THE TRAINING MATERIALS. THE USER AGREES THAT NOBLEPROG SHALL NOT BE HELD LIABLE FOR ANY LOSS OR INJURY RESULTING DIRECTLY OR INDIRECTLY FROM USE OF OR ITS PROVISION OF THE TRAINING MATERIALS AND ADVISE GIVEN DURING THE COURSE, WHETHER OR NOT CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE OR BY CONTINGENCIES BEYOND ITS CONTROL.