IBM Training Services Terms and Conditions 10/2008

An agreement, to which these terms and conditions apply, arises when

the Customer and IBM conclude an agreement that makes reference to these terms, or
IBM accepts an order by the Customer by sending an order confirmation where reference is made to these terms.

IBM occasionally offers courses or material to which apply supplementary terms or terms that differ from these terms. IBM will notify the Customer in advance of such terms. For example terms concerning conferences may be given in individual conference brochures. Such supplementary terms prevail over these terms.

Courses and educational material

IBM regularly publishes lists of the available courses and educational material at its website at the address ibm.com/training/no or in course brochures to be published separately.

The courses are arranged principally on weekdays (Mon-Fri) between 9.00 am and 4.00 pm excluding public holidays, unless otherwise notified by IBM. Arranging a specific course for an individual customer will be agreed separately in writing.

An open course refers to a course whose content, duration and commencement date are indicated on IBM’s website or in the course brochure.

A customer-specific course refers to a course arranged for an individual customer. The content, duration, date and location of a customer-specific course is agreed separately. If a course is arranged at the Customer’s premises, the Customer is responsible for supplying the space and equipment necessary for arranging the course. The Customer sees to it that the course can commence on schedule and that the equipment and space are in good condition and working order during the course.

The Customer appoints a person responsible for cooperating with the IBM instructor to ensure before the course that the classroom is suitable and that the equipment is adequate and in good working order.

If Customer is making available to IBM any facilities, software, hardware or other resources like facilities in connection with IBM’s performance of Training Services, Customer agrees to obtain any licenses or approvals related to these resources that may be necessary for IBM to perform the Training Services and develop Materials. IBM will be relieved of its obligations that are adversely affected by Customer’s failure to promptly obtain such licenses or approvals. Customer agrees to reimburse IBM for any reasonable costs and other amounts that IBM may incur from Customer’s failure to obtain these licenses or approvals.

Fees

The fees mentioned at the website and brochures may change. The charges are without VAT and other taxes which will be added to the invoice as applicable.
The charge for the open course is the fee in force at the commencement of the course. The fee includes the necessary educational material, unless otherwise specified. The fee does not include taxes, travel by the participants or accommodation expenses. IBM reserves the right to increase the fees at any time without prior notification. The fee increase does not however affect the fees on already agreed and fully paid open courses provided that the courses are to be commenced at latest three months after an agreement on open course is reached.

The fee for a customer-specific course is agreed separately in writing. In addition to the course fee, IBM invoices separately for planning the course, for the instructor’s travel and accommodation expenses, for leasing premises and for laboratory support and any administrative assistance cost caused by the Customer. Should changes be made to the agreed content, schedule, duration or location of the course for a reason not due to IBM, IBM will invoice separately for the extra time and expenses.

Cancelling a course

The Customer may cancel a customer-specific course or participation in a general course at any time prior to the planned commencement date of the course.
If the cancellation takes place later than two weeks prior to the planned commencement day of an open course or later than one month prior to the planned commencement day of a customer-specific course, IBM will charge 50% of the course fee. If the Customer does not cancel his or her participation into the open course at least one calendar week prior to the commencement day of the course, IBM will charge the entire course fee (100%). If the Customer does not cancel his or her participation into the Customer specific course at least 10 working days prior to the commencement day of a customer-specific course, IBM will charge the entire course fee. A person who is prevented from attending a course may be replaced by another person free of charge by notifying IBM Training Services thereof in advance.

Unless otherwise agreed on the conference Web site or in the conference brochure for the event, conference cancellation charges will be charged according to customer-specific course cancellation clauses described above.

IBM may add or cancel courses or educational material. If IBM cancels a course IBM will refund the payment the Customer has made for the participation of the course.

Rights to the material and licensing of the material

IBM defines the material to be supplied to the Customer. IBM or a third party has all rights, including copyright, to the material prepared during the performance of the service or at another time (for example prior to the commencement of the service). IBM delivers to the Customer one copy of the material. IBM notifies the Customer of the licensing terms concerning the material use and reproduction.

Unless IBM agrees otherwise, IBM grants the Customer a worldwide, nonexclusive, non-transferable, irrevocable, paid-up, internal-use-only license to access and use, for education and training purposes within your enterprise only, the education materials content.

The Customer agrees to copy the entries indicating right of ownership and copyright on all copies made on the grounds of the right granted in this section.
The ideas, concept, know-how and technology that are related to the issue which the service concerns and that the parties have singly or together developed or provided during the performance of the service may be freely used by both parties, having regard to the applicable patent right and copyright.

The Customer agrees not to transfer the supplied material or parts of it to a third party, and not to copy, circulate or manifest (by itself or a third party) the information in the material, without the prior approval of IBM.

In cases where the education material is in a machine readable form, specific licensing terms are applicable. IBM informs the Customer of these terms.

Guarantee

IBM does not give any guarantee of the results achieved by participating in the courses or using the educational material or that the educational material would be error-free.

Other terms

The Customer agrees not to use recording devices at the courses without IBM´s prior written consent. In addition IBM Standard Terms and Conditions in effect at the time of the signature will apply. A copy of IBM Standard Terms and Conditions is attached to this Agreement. These terms can also be accessed and read at the following web site: http://www.ibm.com/support/operations.