IBM South Africa
70 Rivonia Road
Sandton
(hereinafter called “IBM”)
This Attachment - Agreement for Courses and Education Materials (the Attachment) is an attachment to the IBM Customer Agreement or other equivalent agreement accepted by both parties (the Reference Agreement).
The Attachment applies to 1) enrollment and attendance at a class room Course offered by IBM, 2) ordering and use of a self study Course provided via media such as CD-ROM and online, 3) the provision and use of an Education Material as part of a Course or independently, and 4) the provision of other education or training services by IBM; collectively the Services. Occasionally, offerings have additional or different terms (Other Terms). If so, IBM will provide those Other Terms to you. For example, conference terms and conditions are outlined in the conference brochure available for each event.
This Attachment, the Reference Agreement, Other Terms (if any), any applicable license agreement and an enrolment confirmation letter are the complete agreement between us regarding the Services that IBM provides (the Agreement) and replace any prior oral or written communications between us.
You accept this Agreement by a signing, by ordering or receiving a Service, including ordering a Course and or Education Material, attending a class, or using any IBM provided Education Material including accessing a Course online.
Course means an education service available from IBM. A course may be provided by instructors presenting Education Material in a class room (a class) and or by self study of Education Material on a CD-ROM, online via a website or via any other media.
Education Materials are literary works or other works of authorship including documentation, manuals, machine-readable instructions, components, data, audio-visual content (such as images, text, recordings, or pictures), and related licensed materials. Education Material is owned by International Business Machines Corporation or one of its subsidiaries or an IBM supplier, and is copyrighted and licensed, not sold. All whole or partial copies of Education Material shall be subject to the same terms as the original copy
Courses and Education Materials
Generally available (public) Courses and Education Materials are listed in the IBM A-Z of Training Catalogue (Catalogue) which IBM publishes from time to time or makes available on IBM Education Services websites(www.ibm.com/services/learning/za). IBM may add or withdraw Courses and Education Materials at any time without notice.
A private or one company Course is a Course provided by IBM to a single customer. For private Courses, IBM will agree with you in writing the dates, premises, and the number of students. It is your responsibility to secure at all times the storage of all IBM hardware and software whilst on your premises. The training room should be locked whenever the IBM instructor or the customer's responsible person is not present in the allocated room. This also includes the times between the delivery of each class. If any IBM kit is lost or damaged whilst on the customer's premises IBM will charge you the cost of replacing each machine lost or damaged.
Scheduling of Classes
IBM specifies the dates of public classes. Private classes will be scheduled by mutual agreement. IBM may cancel or defer any scheduled class on 10 working days notice. If IBM cancels a class for which you have prepaid, IBM will refund the price you paid to IBM. IBM will not be responsible for any loss incurred by you, e.g. travel expenses, as a result of IBM's cancellation or deferral of a class.
Prerequisites and Assessments
IBM provides Course descriptions, which include course objectives and student prerequisites. It is the responsibility of the student who attends the IBM Course to ensure that he/she meets the stated prerequisites. IBM provides no written assessment of student performance on a Course and assumes no responsibility for any student performance after Course attendance.
Proof of Entitlement
An enrolment confirmation letter or e-mail received from IBM is evidence of your Proof of Entitlement to a Course, your authorization to use IBM provided Education Material and of your eligibility for warranty services on Education Materials. For online Courses, the enrolment confirmation letter specifies any necessary user-ids and passwords and defines applicable period during which you are authorized to access the Course (period of activation).
Prices and Payment
The IBM prices listed in the Catalogue are subject to change. Any price increase will be announced at least three (3) months before its effective date.
Prices for self study courses will be those in effect on the date IBM receives your order. Prices include delivery and licensing of the Education Material. You are responsible for all costs related to accessing the Education Material either on your own machines or via connections to IBM’s websites.
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 at an IBM arranged location.
Prices for private classes will be established based on your requirements. Additional charges may apply, such as instructor travel, accommodation and living expenses, facilities, and remote laboratory support.
Prices do not include taxes nor student travel, accommodation and living expenses.
Payment
You will be invoiced on completion of the course (excluding Education Card holders, Ed Pack holders or voucher payments). Amounts are due upon receipt of an IBM invoice and payable as IBM specifies in an enrolment confirmation letter or in the invoice. You agree to pay accordingly, including any late payment fee. IBM reserves the right to require payment in advance of a Course or any other Service.
If any authority imposes a duty, tax, levy, or fee, excluding those based on IBM’s net income, upon any transaction under this Agreement then you agree to pay that amount as specified in an invoice or supply exemption documentation.
Cancellation by You
You cannot cancel self study Courses once IBM has sent you confirmation of enrolment.
You may cancel or postpone a private class or your enrolment in a public class not less than 10 full working days prior to the scheduled start date of the class by notifying IBM in writing or by e-mail. If you fail to cancel or postpone prior to this notification period, or the student fails to attend or withdraws from the Course, you will be responsible for the full price of the class and any associated additional costs incurred by IBM. This also applies to Education Card or Ed Pack holders.
If you wish to defer delivery of a private class or an enrolment in a public class to another date, IBM will try to accommodate. If such a request is made less than 10 full working days before commencement of the class, any transfer will be subject to an administration fee of 25% of the class price. If you subsequently cancel from the deferred date, you will be charged the full fee of the class price. You may send a substitute from the same company for a student who has a confirmed enrolment on a class provided they meet the prerequisites for the Course.
IBM may charge actual costs incurred, including travel and living expenses, if you cancel a private class less than four weeks before its scheduled start date.
License
IBM grants the student a nonexclusive non-transferable license to use the provided Education Material.
The student may make one printed copy of the Education Material for his own use to support the level of use authorized, providing the copyright notice and any other legends of ownership are reproduced on each copy of the Education Material.
The student, and you, may not 1) use, copy, modify, create derivative works or distribute the Education Material except as provided herein; 2) reverse assemble, reverse compile, or otherwise translate the Education Material except as specifically permitted by law without the possibility of contractual waiver; or 3) sublicense, rent, or lease the Education Material.
License agreements provided with Education Material, or separately notified by IBM, will take precedence over the license terms in this section 7.
Warranty
If IBM Education Material does not function as warranted during its warranty period and IBM is unable to either 1) make it do so, or 2) replace it with one that is at least functionally equivalent, then you may return it to IBM and your money will be refunded. The warranty period for Education Material expires upon completion of the Course or upon expiry of the period of activation or 30 days after receipt of the Education Material if no period of activation is defined.
You are responsible for the results obtained from the use of any Service, Course or Education Material.
In addition, the IBM warranties, including the extent of warranty, in the Reference Agreement apply to the provision of Services under this Attachment.
Changes to this Agreement
IBM may modify these terms on written notice. The modified terms will apply to your enrollment or order unless you cancel such enrollment or order prior to the effective date of the modified terms. Otherwise, for a change to be valid, both of us must sign it. Additional or different terms in any order or communication from you are void.
General
You agree not to copy IBM copyrighted material without IBM’s prior written consent.
You agree not to use recording equipment in IBM classes without IBM’s prior written consent.
You agree not to use IBM trademarks, trade names, or other designations in any promotion or publication without IBM’s prior written consent.
Services, Courses and Education Material will be delivered in the country of purchase. Certain Courses and Education Materials may not be available in your country.
