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Terms of Service

Terms of service

TERM AND CONDITIONS

1.PAYMENT

1.1 Payment shall be made at least 3-days prior to the student attending the first lecture. If the student fails to do so, he/ she will not be allowed to attend.

1.2 If payment is made by way of a company cheque, or if the signature on the face hereof is that of a director of a company, the student attending the course will be held jointly and severally liable for the total fee of the course/s and any exams and failure to attend the lectures or exams will not in any way affect the enrolment fee in that the student/ company will be held liable for the total fee for all course/s and exams.

2.CANCELLATION & RESCHEDULING

2.1 iDigiSol Training may cancel or reschedule a class at its discretion, such discretion will only be used if and when an emergency occur, if it does occur, we will use reasonable efforts to notify you at least one week in advance. You will not be charged for the IDigiSol Training cancellation or rescheduling. Please notify us as soon as possible of any changes in your training schedule by informing the relevant IDigiSol Training Account Manager.

2.2 The cancellation period for public scheduled training at any IDigiSol Training branch is 14 working days. In the event of the student/company cancelling or postponing the course within 15 or more days of course commencement, there will be no charge to the student/company.

2.3 The cancellation period for training onsite at the client's venue is 14 working days. In the event of the student/company cancelling or postponing the course within 15 or more days of course commencement, there will be no charge to the student/company.

2.4 The cancellation period for training on any Datacentre and /or Service Provider modules at any IDigiSol Training Branch is 15 working days. In the event of the student/company cancelling or postponing the course within 16 or more days of course commencement, there will be no charge to the student/company. A 100 % cancellation fee will be levied for cancellations less than 16 days.

2.5 In the event of the student/company/cancelling or postponing the course on the day of course commencement, or not showing up for the class, a 100 % cancellation fee will be levied.

2.6 In the event that Software Assurance Training Vouchers are used/redeemed for a course and the student does not show up for the training, the client will forfeit allocated free days to the same quantity as the booked course. Please note that the client will still be invoiced for the training intervention that the student was supposed to attend.

3. ENROLMENT

3.1 All courses/exams must be completed within 6 months of the date of enrolment. Failure to do so will result in forfeiture of fees unless otherwise agreed to in writing.

3.2 The student hereby acknowledges that he/she has read the pre-requisites for the course/courses listed above, and understands that it is up to him/her to ensure that these criteria are met before attending the courses.

3.3 IDigiSol Training will not be responsible in the event that the student is unable to complete the course if these pre-requisites have not been met, and reserves the right to ask the student to leave the course.

4.RECOVERY

4.1 In the event of any action for the recovery of monies, or any action by IDigiSol in terms of these terms and conditions, the student/company hereby acknowledges that it will be liable for legal costs on the scale as between attorney and own client, which costs shall include costs of a tracing agent and collection commission.

5. DOMICILIUM

5.1 The student/ company hereby nominates its domicilium citandi et executandi at the address stipulated on the face hereof for the purpose of service of any notices and proceedings in consequence of this agreement.

6.JURISDICTION

6.1 The student/company hereby consents in terms of Section 45 of the Magistrates Court Act 32 of 1944 to the jurisdiction of the Magistrates Court in respect of any action instituted by IDigiSol notwithstanding the fact that the sum claimed may exceed the jurisdiction of such court.

7. WAIVER

7.1 No relaxations of or indulgences granted by IDigiSol through the student/company shall in any way be construed as being a waiver or renunciation by IDigiSol of any of its rights in terms of this agreement. Such relaxation or indulgence shall further not be regarded as a negation of the student's/company's liability in terms hereof.

8. SOLE AGREEMENT

8.1 This agreement and terms and conditions shall form the sole agreement between IDigiSol and the student/company. No amendment or variation thereto shall be of any force or effect unless reduced to writing and signed by all the parties concerned, or their duly authorised agents and/or representatives.

9. LIABILITY

9.1 IDigiSol shall not be held liable for any damages suffered as a result of any occurrence on its premises and the student/company hereby indemnifies the company against any such occurrence.

10. WARRANTIES

10.1 IDigiSol makes no representation or warranties in respect of lecturers. It is hereby recorded that a good standard of training will be upheld at all times; in the event that the student is not satisfied as to the standard, the onus of proof thereof shall lie with the student.

11.DAMAGES

11.1 The student acknowledges that he/she will be working with expensive computer equipment and shall be held liable for any damages suffered by IDigiSol to the equipment through any negligent acts by the student.

E-Learning Terms & Conditions

12. Agreement between iDigiSol Training, a division of iDigiSol CC("Licensor") and the End User, being a private individual or the representative of a single company, institution or entity and hereinafter referred to as "yourself",

13.ACCEPTANCE
13.1 This is an Agreement between yourself and iDigiSol Training relating to access to those Services as referred to in 5 below purchased by yourself. This Agreement goes into full effect (the "Effective Date") after you have accepted the terms of this Agreement. Only those terms set forth in this Agreement related to the Services purchased by you shall be applicable to yourself.

14. TERM
14.1 The term of this Agreement shall commence on the Effective Date and shall continue, run concurrently with, and terminate with the Services purchased by yourself ("Term"). Once the Term ends, this license will automatically terminate and you will no longer have access to the Services.

15. TITLE
15.1 Licensor or its suppliers are the exclusive owners of the Services. Title to the Services, or any copy, modification or merged portion of the Services, shall at all times remain with Licensor or its suppliers.

16. SUBSCRIPTIONS
16.1 A "Subscription" is the right for a single natural person to access and use the Services. The number of Subscriptions authorized under this Agreement ("Licensed Subscriptions") is equal to the number of unique Identification Numbers issued to you by Licensor. Each Licensed Subscription (and its associated Identification Number) can be assigned to only one person at a time, and is not transferable from one individual to another except when an individual terminates employment with you. Only persons to whom Licensed Subscriptions (and associated Identification Numbers) are assigned can access and use the Services

17.LICENSE

17.1 For each Licensed Subscription, the Licensor grants to yourself, only for your internal business purposes, a temporary, non-exclusive, non-transferable license to access those of the following Services purchased by yourself, which are more fully described below:

17.2 (a) Licensed Courseware. You are hereby granted the right to access and use the Courses which you have selected at Internet URLs specified by Licensor from time to time. The Courses, HIPAA Courses, French Courses, Health & Safety Courseware and the Business Skills Video Courses are sometimes referred to herein collectively as the "Courses". Plug-ins and other executable files downloaded to you when you display the Courses may be used following the end of the Term, but only for the use of the person to which the Licensed Subscription was assigned as of the end of the license term.

17.3 The Courses are mapped to some of the Microsoft, CompTIA, Cisco, Java, ITIL and Linux Red Hat international exam objectives which prepare yourself to write the international exams concerned. The Courses and certification provided by the Licensor is in no way whatsoever SAQA and / or NQF accredited.

18. RESTRICTIONS:
18.1 You may not: (a) sub license, assign, transfer, distribute or rent the Services; (b) use, copy or modify the Services, in whole or in part, except as expressly permitted in this Agreement; (c) permit access to the Services by more persons than the number of Licensed Subscriptions; (d) transfer a Subscription (and associated Identification Number) from one individual to another (except upon a termination of employment) or permit persons other than the individuals to whom Subscriptions (and Identification Numbers) have been assigned to access the Services; (e) take any action designed to unlock or bypass any restrictions on number of users or access to the Services; or (d) access any of the Services after the end of the license term. There are no implied licenses. You agree not to exceed the scope of the licenses granted herein.

End User acknowledges and accepts that (a) from time to time the international exams offered by third parties which are concerned with the same or similar subject matter of the Licensed Courseware could be discontinued without notice by such third parties; and (b) the conclusion of this agreement by End User in no manner or means constitutes an entitlement on the part of the End User to write the applicable international exam.

19.EQUIPMENT & APPLICATION REQUIREMENTS

P500+ Processor, 128Mb of RAM, Minimum Screen resolution 800 x 600, Windows 2000, 2003, XP and Vista. 56K Minimum Internet connection; broadband (256kbps or higher) recommended.

Internet Explorer 5.5 or higher, Sound card with speakers or headphones strongly recommended, Windows Media Player 9.0 or higher, Flash 8.0 or higher, Java standard edition. JavaScript, DHTML and cookies must be enabled and Pop-up blocking software must be disabled - Go to Internet Explorer, click on Tools, Internet Options, Privacy.

20. CHARGES AND PAYMENT:
20.1 You agree to pay all charges for your use of the Services in the currency in which the charges are billed and at the prices displayed to you as of your selection of the Services. All charges are payable in full and are non refundable under any circumstances and are inclusive of value added taxes, sales or other taxes, which you agree to pay. Payment must be made in advance unless otherwise separately arranged in writing, by EFT or bank transfer, debit order or credit card designated by you for the Licensor’s use during the Services registration process, and access charges are payable on the Effective Date. If payment is not received from you or your agent, iDigiSol Training has the right to suspend services until such time as payment has been brought up to date, however any such time lost as a result of such suspension will not be credited to yourself. You agree to pay all amounts due upon demand of Licensor and the person signing these terms & conditions on your behalf hereby binds himself as surety and co-principal debtor for the due fulfilment of the charges together with such interest as may be applicable from time to time in the event of late payment. In the event payment is made by credit card, your card issuer’s agreement governs your use of your designated card, and you must refer to that agreement and not this Agreement with respect to your rights and liabilities as a cardholder.

You hereby give iDigiSol cc t/a iDigiSol Training permission to perform a credit check.

21.WARRANTY
21.1 EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN THE SERVICES AND THEIR CONTENT ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE) FOR THE SERVICES. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, NONINFRINGEMENT, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU, THE USER. LICENSOR AND LICENSOR’S DIRECT AND INDIRECT SUPPLIERS DISCLAIM ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PURPOSE, PARTICULAR, SPECIFIC OR OTHERWISE, OR NONINFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

Licensor does not warrant that the functions contained in the Services will meet your requirements or expectations or that the operation of the Services will be entirely error free.

22. LIMITS OF LIABILITY:
22.1.1 IN NO EVENT WILL LICENSOR OR LICENSOR’S DIRECT OR INDIRECT SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR ACCESS AND USE THE COURSES, EVEN IF LICENSOR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS OF LIABILITY CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

23.TERMINATION:
23.1 Upon the violation of any of the provisions of this Agreement, your right to access the Services shall automatically terminate.

24.EXPORT LIMITATIONS:
24.1 None of the Services or underlying information or technology may be displayed, downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By agreeing to the terms of this Agreement, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.

25.GENERAL:
25.1 If any provision of this Agreement is held to be unenforceable, the enforce ability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement shall be governed by the local laws of the Republic of South Africa.

Contact Information

Address

Durbanville, Cape Town

Call Us
082 495 7483 / 021 065 0347
Email

info@idigisol.co.za

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