Current as of 12 June 2009
The following terms apply to:
These terms, along with any applicable license agreement, are the complete agreement between us regarding the courses or education materials we provide and any access to such courses or education materials, and replace any oral or written communications between us. Attendance at a class, your use of any education materials constitutes your agreement to these terms and conditions. Occasionally we have offerings with additional or different terms and conditions. If so, we will provide those terms and conditions to you. For example, conference terms and conditions are outlined in the conference registration section of the conference website or in the conference brochure for the event.
Courses & Education Materials
We list our generally available courses and education materials in the IBM Training Catalogue and Schedule which is published biannually. We may add or withdraw courses and education materials from general availability at any time without notice. Upon request, and if agreed by us, we may conduct courses or deliver education materials at your premises.
We will specify the dates of public classes. Private classes will be scheduled by mutual agreement. IBM Training reserves the right to cancel any course 10 business days out from the Monday of the week the course is running. If we cancel a course for which you have prepaid, we will refund the price you paid.
Under these terms and conditions we provide the following warranties which are in addition to any rights you may have under the Trade Practices Act 1974 and which replace all other conditions and warranties that may otherwise be implied. We warrant that the information contained in the Schedule is true at the time it is published. We also warrant that we will employ people with the appropriate skills, as we determine, to teach the courses set out in the Schedule. Please note that the Schedule is subject to change as set out in the paragraph above. If you are not satisfied that a course you attend meets its published objectives, please notify us within one month of attending the course and we will give you a credit towards another course or refund the course fee paid by you in full. Otherwise, you are solely responsible for results achieved in using any materials or any course accessed by you or your Users.
Prices and payment for classes and materials
Prices for public classes will be those in effect on the date the class begins. Prices include the use of required education materials and machines. They do not include student travel and living expenses. IBM reserves the right to increase prices at any time without prior notification.
The prices listed in the Schedule are for information only and are subject to change without notice.
Prices for private classes will be established based on your requirements. Additional charges may apply such as instructor travel and living expenses facilities and remote lab support.
You agree to pay us either upon receipt of our invoice and according to any terms specified in that invoice or via cheque or credit card if you do not currently have an IBM account.
If any government imposes a Duty Tax (other than income tax or Fee on these Terms or Services that are not otherwise provided for in the amount payable), you agree to pay it when we invoice you.
Cancellation/Transfer By You of enrolment in a Public Class or Private Class
You may cancel/transfer your enrolment in a Public Class:
If the class has started and you fail to attend the course on which you are enrolled, you will be charged for the full price of the course.
For a Private class cancellation either party may terminate the Training. If training is terminated more than 30 days before its schedule start date, you shall be obligated to pay IBM for any costs incurred by IBM prior to the effective date of termination, including travel and living expenses.
Conference cancellation charges will be specified on the conference Web site or in the conference brochure for the event.
Note that all cancellations and transfers must be received in writing.
Patents and Copyrights
If a third party claims that the education materials we provide to you infringe that party's patent or copyright, we will defend you against that claim at our expense and pay all costs, damages and attorney's fees that a court finally awards, provided that you:
If such a claim is made or appears likely to be made, you agree to permit us to enable you to continue to use the education materials, or to modify or replace them. If we determine that none of these alternatives is reasonably available, you agree to return the education materials