Terms & Conditions

Clevertouch Consulting Training and Enablement Services - Terms and Conditions

Terms and Conditions Effective July 2024

For Customers purchasing Training and Enablement Services using a credit card or the purchase order ("PO") process, the following terms and conditions will govern those Customers’ purchase and use of Services.
These Terms and Conditions are subject to change at any time, but only the version current at the time of purchase will apply to the Customer. Clevertouch will notify customers of any changes in a timely manner through email or other official communication channels.

Definitions

As used in these Terms and Conditions:
• “Clevertouch” means Clevertouch Consulting Ltd, the provider of the Training and Enablement Services.
• “Customer” means the entity or individual who agrees to these Terms and Conditions.
• "Training and Enablement Courses" means all forms of instructor-led courses delivered virtually or in-person, and courses made available on-demand.
• “PO Process” means the ability to purchase Services through issuing a purchase order to Clevertouch Consulting for the desired Training and Enablement Services.
• “Course Materials” means written, electronic, or other materials distributed for use by course participants, including but not limited to all patent rights, copyrights, trademark rights, and trade secret rights.
• “No-show” refers to a Customer who does not attend a course in which they were enrolled without cancelling within the stipulated cancellation window.
• “Services” means instructor-led training courses and associated materials.

General Terms applicable to Learning Services for PO Process and Credit Card Purchases

1. Payment of Fees:
   Customer must pay any applicable fees according to the payment terms on any applicable ordering document. Clevertouch reserves the right to charge interest at a monthly rate equal to the lesser of 1% per month or the maximum rate permitted by applicable law on any overdue fees, from the due date until the date the overdue amount (plus applicable interest) is paid in full. Customer agrees to provide clear indication with its payment as to which invoices or portions thereof the payment should be applied. Alternatively, these payment details can be emailed to accounts@clever-touch.com no later than the date of the commencement of the course. Failure to pay may result in suspension or cancellation of Services.
2. Purchase Order Terms and Conditions:
   Any terms or conditions in Customer’s purchase order or any other related documentation submitted by or on behalf of Customer do not form part of the applicable order and are void unless otherwise expressly agreed in writing and signed by both Customer and Clevertouch.
3. No Assignment:
   Customer may not assign, voluntarily, by operation of law or otherwise, any rights or obligations to Training and Enablement Services without the prior, written consent of Clevertouch. Any attempted assignment will be null and void.
4. Relationship:
   The parties intend that each party is an independent contractor of the other. Nothing in these terms will be deemed to create any joint venture, partnership, or agency relationship between the parties.
5. Governing Law:
   These Terms and Conditions shall be governed by and construed in accordance with the law of England, and the parties hereby submit to the exclusive jurisdiction of the English courts.
6. Warranty Disclaimer:
   The Services are provided "as is" without any warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
7. Limitation of Liability:
   Clevertouch will not be liable to the Customer for any special, indirect, consequential, incidental, punitive, or exemplary damages, including but not limited to loss of profits, loss of reputation, loss of use or revenue, loss or corruption of data, or interruption of business, even if Clevertouch has been advised of the possibility of such damages. Clevertouch’s total liability in any matter arising out of or related to the Services is limited to the amount that Customer paid for the Services. Any claims must be brought within one year of the cause of action arising.
8. Entire Agreement:
   No amendment, change, discharge, or waiver to the Training and Enablement Services will be effective unless in writing and signed by an authorised representative of the party against whom the modification is asserted. These Terms and Conditions, along with the applicable order, constitute the entire agreement between the parties with respect to the Training and Enablement Services and replace any prior agreements, discussions, and understandings.
9. Proprietary and Confidential Information:
   Customer acknowledges and agrees that all rights in and to the Course Materials or copies thereof are and will remain at all times the sole and exclusive property of Clevertouch. The Customer is granted a limited, non-exclusive, non-transferable license to use the Course Materials for personal or internal business purposes only. Unauthorised copying, transmission, or recording of Course Materials is strictly prohibited. Course titles and content are subject to change by Clevertouch without notice.
10. Force Majeure: Clevertouch shall not be liable for any delay or failure to perform its obligations due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, government regulations, pandemics, or labor disputes.

 

 

Training and Enablement Services

Training and Enablement Services provided by Clevertouch include Instructor-led Courses (Public, Private Virtual, and Private Onsite), on-demand courses, and Bespoke Learning. All training courses are for registered participants only. Nonregistered individuals may not attend or view any course. Requests to cancel or reschedule any course must be received in writing and confirmed by Clevertouch at least seven (7) days prior to the scheduled start date of the applicable learning course. For public courses, class registrations can be cancelled by contacting training@clever-touch.com. Clevertouch reserves the right to deny any late reschedule or cancellation requests.
Any Customer who is a no-show for a course will be charged the applicable course fee. Cancellation or reschedule requests outside of the 7-day window may be subject to additional fees or denial at Clevertouch’s discretion. Registered students are responsible for meeting the minimum system requirements to participate in virtually delivered courses.

Course details & delivery mechanisms are listed on the relevant training course registration pages, including dates of commencement and subsequent sessions.

Training and Enablement course registration is non-transferable to any other user unless the designated Named User terminates employment with the Customer. If the Named User terminates employment, Customer may contact Clevertouch to specify a new registered participant. Services may be suspended or cancelled if payment is not received according to the invoice terms.

Purchasing Methods

Clevertouch Training and Enablement Services may be purchased in one of two methods:

1. Credit/Debit Card
2. PO Process

Credit/Debit Card – Purchases of individual Training and Enablement Services can be made using a credit or debit card via the Stripe payment platform. All payments are subject to these Terms and Conditions.

• Payments made via Stripe are non-refundable unless cancellation is requested at least seven (7) days before the scheduled start date of the training course.
• Cancellations requested within the 7-day window prior to the course start date will not be eligible for a refund.
• Once a payment has been processed, the Customer will receive a confirmation email with details of the purchased course. Customers are responsible for ensuring that the payment information provided is accurate.
• In the event of a payment dispute, Clevertouch reserves the right to suspend the Customer’s access to any Training and Enablement Services until the issue is resolved.

PO Process – Customers may purchase Training and Enablement Services by providing a valid purchase order to Clevertouch (no contract necessary). Please contact Accounts@clever-touch.com to enable this option. Customer’s issuance of a purchase order constitutes their acceptance of these Terms and Conditions.
Customer must include the following information in their purchase order: • Billing address for the invoice
• A description of the Services being purchased, the quantity, and the unit price as agreed.

Payment Terms: Payment is due within 7 days of the invoice date.