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Appendix 4 - Learning Services

by Alan Milligan last modified Apr 26, 2012 01:54 PM
Learning Services

The following terms are applicable to any Learning Services that Client purchases:

  1. "Learning Services" means Last Bastion's training courses purchased under this Agreement, including Last Bastion's publicly available courses ("Open Enrollment Courses"), courses provided at a site designated by Client ("On-Site Courses"), and Last Bastion's training units("Training Units"). Learning Services, offerings, scheduling, capacity limitations, and availability are subject to change from time to time, without notice. All Learning Services must be used within one (1) year from the date of purchase or will be forfeited.
  2. Payment. All Fees for Learning Services are due and payable prior to the delivery of such Learning Services. Unless otherwise specified in the Purchase Summary, instructor travel and expenses are included in the Fees for On-Site Courses.
  3. Equipment and Facilities. For Open Enrollment Courses, Last Bastion agrees to provide appropriate training facilities and hardware, and Client will be liable for any loss or destruction of such equipment and hardware used in connection with the Learning Services. For On-Site Courses, Client will supply facility and equipment for on-site training with one workstation per student and instructor and one workstation for testing.
  4. Client Responsibilities. Client is responsible for assessing the participants' suitability for the Learning Services and enrollment in the appropriate course(s). Client is responsible for its participants' attendance at scheduled courses. Participants may be required to enter into individual training agreements that are applicable to the Learning Services. Except as otherwise specified in this Agreement, the Learning Services are provided subject to Last Bastion's standard policies, terms and conditions as posted on from time to time, and all such policies, terms and conditions are hereby incorporated herein.
  5. Rights to Training Materials. All training products, materials, methodologies, software, or processes provided in connection with the Learning Services and developed during the performance of the Learning Services (collectively, the "Training IP") are the sole property of Last Bastion and are copyrighted by Last Bastion unless otherwise indicated thereon. Training IP is provided solely for the use of the participants during the provision of the Learning Services and will not be copied or transferred without the prior written consent of Last Bastion. Training IP will be deemed to be Last Bastion's confidential and proprietary information.
  6. Delivery Date and Cancellation. On-Site Courses are available with four (4) weeks advance notice from Client. Unless otherwise agreed in writing, On-Site Courses are restricted to a maximum of 16 students per class. Client agrees to take delivery of the Learning Services on the date(s) reserved. Any discount is contingent on delivery of the Learning Services on such date(s). If Client cancels or reschedules very of an On-Site Course Last Bastion will work with Client to reschedule the Learning Services. For Open Enrollment Courses, rescheduling is permitted up to the first day of the class.
  7. Training Units. Training Units may be redeemed solely for training seats in Open Enrollment Courses may be redeemed solely for training seats in Open Enrollment Courses or On-Site Courses sponsored by Last Bastion at a Last Bastion training facility during the term of this Agreement. Training Units are non-refundable and may not be redeemed for cash or credit. Last Bastion has sole discretion regarding where and when the Training Units can be redeemed and they may not be redeemed or applied toward Last Bastion eLearning or On-Site Courses. Training Units cannot be pro-rated or combined with any other discount, special offer or coupon.