Terms & Conditions

Expert Professional Services, Inc. Proprietary & Confidential
Revised as of 07/23/2019

TERMS & CONDITIONS FOR TRAINING COURSES

The following constitute the terms and conditions to which applicants agree when booking any e-learning courses (“Terms & Conditions”). If you are agreeing to these Terms & Conditions not as an individual but on behalf of your company or other legal entity, then “Customer” or “you” or “your” shall refer to such entity and its affiliates, and you represent that you have the authority to bind such entity and its affiliates to these Terms & Conditions and you are binding your company to these Terms & Conditions.

Expert Professional Services (as defined in Section 8.1 below) and you shall each be referred to as a “Party” and together as the “Parties” in this Agreement. If you do not have such authority, or if you do not agree with these Terms & Conditions, you must not accept these Terms & Conditions and may not use the documentation, whether printed are available online, provided by Expert Professional Services in relation with the training (“Training Material”). Expert Professional Services reserves the right to review and update these Terms & conditions periodically at its sole discretion.

By accepting this agreement, by clicking a box indicating your acceptance, or by using or accessing Expert Professional Services training material, you agree to be bound by the terms of this agreement.

1. USAGE

1.1 eTraining – e-learning courses can be booked via this site. When you sign up for an online course, your submission represents an offer to Expert Professional Services to enroll you onto the course you selected.

1.2 Custom Training. Custom training engagements can also be contracted through Expert Professional Services by submitting the custom training form request. Custom training terms and conditions are outlined per customer contract.

2. PAYMENT

Training fees can be paid at the point of enrollment via PayPal ’s secure online payment process if you are in the United States, or by credit card methods as provided in the enrollment Cart. In all cases, payment must be received prior to start of training. If you elect to pay the fees via PayPal, all major credit and debit cards are accepted. A receipt will be sent to you by email from PayPal confirming payment. PayPal will receive the information needed to verify and authorize your payment card and to process your order and is under strict legal and contractual obligations not to disclose this information to third parties. Please note that if you do not provide accurate details (including type of card and number) or if your credit card company does not authorize payment, your application will be deemed void. Expert Professional Services will not accept any liability for costs incurred as a result of applications deemed void in this manner. Sales taxes (VAT, TVA etc.), if any, are charged at the applicable rate depending on the product and/or customer.

3. YOUR OBLIGATIONS

You may not allow anyone else to access the e-training courses via your log-in details. In the case of customized onsite training, you must comply with all health and safety rules and regulations and any other reasonable security requirements that apply at the location where the training courses are provided. Expert Professional Services reserves the right to remove any delegate from a training course whose behavior is deemed inappropriate by Expert Professional Services or its trainers. In these circumstances, Expert Professional Services will neither refund any fees nor reimburse any other costs.

4. LIMITATION OF LIABILITY

Expert Professional Services does not accept responsibility for anyone acting as a result of information in, or views expressed on, its training courses including course materials. Opinions expressed are those of individual trainers and not necessarily those of Expert Professional Services. Participants should take professional advice when dealing with specific situations. Should a participant require an invitation letter from Expert Professional Services, we are able to provide this if full payment of the training course fee has been received. Expert Professional Services is not able to act on behalf of the participant and is not responsible for any costs incurred by failure to obtain a full visa.

To the maximum permitted by law, Expert Professional Services shall not be liable for any loss of use, lost or inaccurate data, failure of security, interruption of business, costs of delay or any direct, special, incidental, reliance or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, tort (including negligence) strict liability or otherwise, even if informed of the possibility of such damages in advance. To the maximum extent permitted by law, Expert Professional Services aggregate liability to the other shall not exceed the amount actually paid by you to Expert Professional Services for the training giving rise to a claim.

5. WARRANTY AND DISCLAIMER

Expert Professional Services ensures that all our training services are delivered diligently and in a good, workmanlike, timely, and professional manner consistent with industry standards. The training services will be performed as described in the individual class agendas. Expert Professional Services shall provide such trainers to present the training course as it, in its sole discretion, deems fit, and Expert Professional Services shall be entitled at any time to substitute any trainer with any other person who, in Expert Professional Services’ sole discretion, it deems suitably qualified to present the relevant course.
Expert Professional Services does not warrant that the provision of any content online will always be available or be uninterrupted, timely or error free, that defects will be corrected or that such content is secure or free from bugs, viruses, errors and omissions.

Any additional books or course materials is at the discretion of the student/purchaser/customer. These additional educational aids and costs are the responsibility of the student/purchaser/customer. Expert Professional Services does not provide any books, fees, certifications, or certification exam fees unless specified by a customized contract.

6. INDEMNIFICATION

Both Parties agree to defend, indemnify, and hold harmless the other Party and its directors, officers and employees from and against any demands, damages, or liabilities (including reasonable attorneys’ fees) arising from a third-party claim that the indemnifying Party caused bodily injury (including death) or damaged real or tangible personal property.

7. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS

All Training Material is owned by Expert Professional Services. All intellectual property rights in all training material available, including the design, graphics and text of all printed materials and the audio of all webinars and podcasts, are owned by Expert Professional Services or is in use by GPL (General Public License) or other license agreements. When you are given access to the training material, you are granted a non-exclusive, non-transferable, revocable license to use the training material. No training material may be copied, reproduced, uploaded, posted, displayed or linked to in any way, in whole or in part, without written consent by Expert Professional Services, Inc. intellectual property rights.

8. CANCELLATION AND TRANSFER

8.1 Cancellation by customer.
8.1.1 Custom / Onsite. If you notify Expert Professional Services in writing (by email or post) that you wish to cancel custom or onsite or training other than self-paced learning provided at the website – the cancellation must be received not less than 28 days before the start date of a course. You will be entitled to a 50% refund. Refunds will be processed within 90 days of receiving your request via bank transfer to the original payer. If you withdraw for any reason less than 28 days before the start date of a course, no refund will be issued. No substitutions or transfers are allowed.

8.1.2 E-Learning. Once you have booked an e-learning course or package the fee is nonrefundable. If you cancel any e-learning course or package you will not be entitled to any refund.

8.2 Cancellation by Expert Professional Services. Expert Professional Services reserves the right to cancel any training course due to insufficient enrollment by providing notice to you at least 7 calendar days prior to schedule commencement date. In the event of cancellation by Expert Professional Services, you may elect to receive a full refund of registration fees paid or credit toward alternative course(s). Nevertheless, Expert Professional Services will not be responsible for non-refundable reservations made and/or purchased by you. If a training course is cancelled by Expert Professional Services due to any Force Majeure Event as defined in Section 10.5, the Customer is entitled to a full class credit which must be used within 3 months of the date of the original course for another course offered by Expert Professional Services.

9. CONFIDENTIALITY

Except as otherwise set forth in these Terms & Conditions, each party may disclose to the other party certain confidential information under these Terms & Conditions. Each party agrees that all code, inventions, know-how, business, technical and financial information or any information specifically designated as confidential or that would be understood to be confidential or proprietary by a reasonable person disclosed to such party (“Receiving Party”) by the disclosing party (“Disclosing Party”) constitute the confidential property of the Disclosing Party (“Confidential Information”). Any Expert Professional Services technology, any commercial terms (including pricing) of these Terms & Conditions and any performance information relating to the products shall be deemed Confidential Information of Expert Professional Services without any marking or further designation. Except as expressly authorized herein, the Receiving Party will use (and will ensure that its employees, Affiliates, agents, contractors and any approved third parties use) reasonable efforts (which shall be no less than the efforts used to protect its own confidential information of a similar nature) to prevent the disclosure of any Disclosing Party’s Confidential Information for any purpose other than providing the training contemplated by these Terms & Conditions unless authorized by the Disclosing Party.

The Receiving Party’s nondisclosure obligation shall not apply to information which the Receiving Party can document:
(i) was rightfully in its possession or known to it prior to receipt of the Confidential Information;
(ii) is or has become public knowledge through no fault of the Receiving Party;
(iii) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; or
(iv) is independently developed by employees of the Receiving Party who had no access to such information. The Receiving Party may also disclose Confidential Information if so required pursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to the Disclosing Party).

10. MISCELLANEOUS

10.1 Who you are contracting with, notices, governing law and venue.

Who you are contracting with under these Terms & Conditions, who you should direct notices to under these Terms & Conditions, what law will apply in any lawsuit arising out of or in connection with these Terms & Conditions, and which courts have jurisdiction over any such lawsuit, depend on where you are domiciled.

10.2 Dispute resolution: arbitration.

In the event of any controversy or claim arising out of or relating to these Terms & Conditions, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a solution satisfactory to both parties. If the parties do not reach settlement within a period of 60 days, any unresolved controversy or claim arising out of or relating to these Terms & Conditions shall proceed to binding arbitration under the Rules of Arbitration of the International Chamber of Commerce. The parties shall seek to mutually appoint an arbitrator. If the parties cannot agree on a single arbitrator, then there shall be three (3) arbitrators: one selected by each party, and a third selected by the first two. Arbitration will take place in the city where the courts have jurisdiction under the table set forth in Section 10.1. All negotiations and arbitration proceedings pursuant to this Section will be confidential and treated as compromise and settlement negotiations for purposes of all similar rules and codes of evidence of applicable legislation and jurisdictions. The language of the arbitration shall be English.

10.3 Contact.

Please contact Expert Professional Services’ training department for any other training questions or requests by emailing: training@expertprotraining.com.

10.4 Privacy Policy.

All information provided by you under these Terms & Conditions will be treated in accordance with Expert Professional Services’ Privacy Policy.

10.5 Force majeure.

Neither party shall be liable to the other for any delay or failure to perform any obligation under these Terms & Conditions (except for a failure to pay fees) if the delay or failure is due to unforeseen events which are beyond the reasonable control of such party, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or telecommunications or data networks or services, or refusal of a license by a government agency (each a “Force Majeure Event”).

10.6 Entire Agreement and severability.

This Agreement is the entire agreement between you and Expert Professional Services relating to the training and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the training or any other subject matter covered by these Terms & Conditions. If any provision of these Terms & Conditions is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

https://forums.expertprotraining.com’s details

The full name of https://forums.expertprotraining.com is Expert Professional Services.

Expert Professional Services’s registered address is

8816 Manchester Rd., S-239, Saint Louis, MO 63144 / 225-255-2544

You can contact https://forums.expertprotraining.com by email at our email address link at the top of this Terms of Service document.