Online education and training terms and conditions (B2B)

Online education and training terms and conditions (B2B) contents

1. Order process: services advertisement as invitation to treat; no contract for supply of services except in accordance with order process; order process for services; input error correction and identification.
2. Term: commencement of term; end of term (indefinite or subscription); each order form creates distinct contract.
3. Services: provision of teaching services, hosted services and/or downloads; standard of services.
4. Teaching Services: teaching services provided via third party platform; time for teaching services sessions (order form);
   Provider
    late for session; rescheduling sessions (
   Provider
   ); rescheduling sessions (either party); cancellation of session by 
   Client
    on notice; personnel shortage and cancellation of sessions; assurances relating to personnel (teaching services).
5. Hosted Services: obligation to supply hosted services; methods of supply of hosted services by 
   Provider
   ; timetable for supply of hosted services; grant of licence to use hosted services (third party services); limitations on use of hosted services in order form (B2B or B2C); prevention of unauthorised access to hosted services; availability of hosted services dependent upon third party services.
6. Downloads:
   Provider
    to supply or make downloads available; methods of supply of downloads by 
   Provider
   ; timetable for supply of downloads; licence to use downloads; prohibitions on use of downloads; retention of download copyright etc notices; digital rights management for downloads;
   Provider
   downloads intellectual property infringement warranty; termination of downloads licence; actions on termination of downloads licence.
7. Third Party Services: third party services must be used by 
   Client
   ;
   Provider
    not responsible for supplying third party services;
   Client
    compliance with third party services terms and conditions;
   Provider
    not responsible for third party services provider data use; no warranties or liability in relation to third party services; no liabilities or refunds for third party services failure.
8. Client
   obligations: warranty that
   Client
    meets prerequisites for educational services (order form); warranty of veracity of information; compliance with acceptable use policy for services and third party services; general second party obligations.
9. Client
   Materials: submission of
   Client
   materials (educational services); licence of
   Client
   materials (optional survival); warranties relating to 
   Client
   materials.
10. Charges: obligation to pay charges; time-base charges limitations; amounts inclusive or exclusive of VAT; variation of charges.
11. Payments: issue of invoices; time for payment of charges following invoice; payment methods; interest on late payments; suspension of services.
12. No guarantee of exam success: no guarantee of exam success.
13. Warranties: warranty that
    Client
     meets prerequisites for educational services (order form); warranty of veracity of information; first party general warranties; second party warranty of authority; exclusion of implied warranties and representations.
14. Limitations and exclusions of liability: caveats to limits of liability; interpretation of limits of liability; no liability for force majeure; no liability for loss of profits; no liability for loss of revenue; no liability for loss of use; no liability for loss of opportunities; no liability for loss of data or software; no liability for consequential loss; per event liability cap upon services contract; aggregate liability cap upon services contract.
15. Termination: termination by either party without cause; termination by either party upon breach; termination upon insolvency; termination upon non-payment.
16. Effects of termination: surviving provisions upon termination; termination does not affect accrued rights.
17. Notices: contractual notices by email or through
    Provider
     website.
18. Subcontracting: subcontracting permitted.
19. General: no waiver; severability; asymmetric variation; asymmetric assignment of contractual rights; no third party rights; entire agreement: documents; governing law; exclusive jurisdiction.
20. Definitions: definitions.
21. Interpretation: statutory references; section headings not affecting interpretation; calendar month meaning; no ejusdem generis.

Schedule 1 (Community Standards)

1. Introduction: definitions for community standards policy; parties to policy; agreement to policy by using services; express agreement to policy.
2. General usage rules: no damaging use of services; no unlawful use of services; content must comply with provisions of part.
3. Academic offences: plagiarism; cheating.
4. Unlawful Content: no unlawful user content: general prohibition; no unlawful user content: specific prohibitions; previous complaints and user content.
5. Graphic material: age suitability of user content; no violence in user content; no pornographic user content.
6. Marketing and spam: prohibition on marketing activities; no spam in user content; sending spam using email addresses; no promotion of marketing schemes; avoidance of IP blacklisting.
7. Monitoring: acknowledgement relating to monitoring.
8. Data mining: no data mining.
9. Harmful software: no harmful software; no risky software.

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