Term and Conditions for GBM Courses


The terms and conditions for GBM Courses and Education Materials consists of these Terms and Conditions, along with any applicable license agreement, and are the complete agreement between the parties regarding the Courses and or Education materials GBM provide and replace any prior oral or written communications between the parties. Terms and conditions of any purchase order issued by you with respect to the subject matter herein shall not apply to the Courses or Education materials but any formal purchase order will be accepted as a confirmation of attendance and the terms of this Agreement.

By ordering a Course and or Education Materials, or receiving a Service, attending at a class or using any education materials constitutes your acceptance of terms and conditions of this Agreement and it is executed as of the date of our confirmation. An enrolment or registration confirmation or email received from GBM is evidence of your proof of entitlement to a Course and your authorization to use GBM Education Materials.

"Course" means an educational service available from GBM. A course may be provided by instructors presenting Educational Material in a class room (a class) and or by self study of Education Materials. Our Courses can be found on the GBM website www.GBM4IBM.com/education.

"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 GBM or one of its third party suppliers, 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

We list our generally available courses and education materials in various Catalogs of Education (Catalog) or on our website, which we publish from time to time. We may add or withdraw courses and education materials at any time without notice.
GBM will provide each student with the official student material for each course and issue a course completion certificate to each student who attends at least 80% of the total duration of the course.

Pre-requisites and Assessment

GBM provides Course descriptions, which include course objectives and student prerequisites. You are responsible to ensure that all students have fulfilled the pre-requisites of the courses prior to attendance. GBM provides no written assessment of student performance on a Course and assumes no responsibility for any student performance after Course attendance.

Scheduling Classes

Public classes - We will specify the dates of public classes on the GBM website.
Private (One-Company) classes will be scheduled by mutual agreement. We will require a month's advance notice before the start of the courses. For private courses, the classes will be held at customer site unless otherwise specifically stated. The customer will be required to supply the required classroom facilities as well as the hardware, software, multimedia projector, and lunch, tea/coffee.

Course Fees and Charges (Charges)

All Charges are valid for 30 days. However, GBM reserves the right to increase Charges at any time without prior notification after the validity period.
Public classes - Course Fees for public classes/courses will be those in effect on the date the class begins and include the use of required education materials and machines. They do not include student travel and living expenses. Charges include reasonable expenses incurred by GBM in the provision of the Services including travel, accommodation and living costs. Other miscellaneous costs to be charged to you will be mutually agreed between the Parties.
Private Classes - Charges for private classes will be established based on your requirements and will cover the course material provided to the students, the instructor fees, and travel/living costs of by the instructor. Additional charges may apply, such as additional students beyond the agreed number, facilities, and remote lab support. The set-up charges will be generally included in the private classroom pricing unless specifically stated separately. The charges for the private classes are based on a class size of no more than six (6) students unless otherwise stated in the quotation. Any additional student will be charged at US$ 350 per day per additional student unless otherwise stated in the quotation/proposal..

Payment Terms

You agree to pay GBM the Course Fees or Charges specified including applicable taxes imposed by any authority and any late payment fees, which we specify in the invoice. If any authority imposes any new tax or duty you agree to pay accordingly or provide exemption documentation.
Payment is in advance unless mutually agreed otherwise. Advanced payments must be made no later than 5 days prior to the commencement date of the course or in the case of multiple courses specified above the total amount to be paid prior to the commencement of the first course. Any course for which advance payment has been made that GBM cancel will be refunded in full.

Cancellation Charges

Public classes - You will be billed the full price of a class/course if you cancel your enrollment less than seven calendar days prior to the scheduled start date or if you do not show up for the class. Registrants who fail to attend without notification or who do start but do not complete the Course are subject to the full tuition cost.
GBM reserves the right to cancel a course if there are less than five registered students. Cancellation notice will be given by GBM 5 days prior to start of the course.
Private classes - If you cancel a private class within seven calendar days prior to the scheduled start date, or following commencement you will be billed the full price of the private class; if you cancel between eight and fifteen calendar days prior to the scheduled start date you will be billed 25% of the full price; and if you cancel between sixteen and twenty-one calendar days prior to the scheduled start date you will be billed 10% of the full price. Cancellation of a private class more than twenty-one calendar days prior to the scheduled start date may be made without charge.
Conference cancellation charges will be specified on the conference website or in the conference brochure for the event.

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 shall promptly notify us in writing of the claim; and allow us to control, and cooperate with us in, the defense and any related settlement negotiations. 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 to us on our written request. We will then give you an appropriate credit for the returned materials.
This is our entire obligation to you regarding any claim of infringement. We have no obligation regarding any claim based on your modification of education materials.

Limitation of Liability

Circumstances may arise where, because of a default on our part or other liability, you are entitled to recover damages from us. In each such instance, except for the payments referred to in our patent and copyright terms described above, we are liable only for the charges for the class or education material that is the subject of the claim. This limit also applies to any of our subcontractors. It is the maximum for which we are collectively responsible.
Items for Which We are Not Liable - Under no circumstances are we or our subcontractors liable for any of the following - third-party claims against you for losses or damages (except as described above in the section entitled "Patents and Copyrights"); or special, incidental, or indirect damages or for any economic consequential damages (including lost profits or savings), even if we are informed of their possibility.

License

The Education Materials that we provide to you will be subject to the terms and conditions of a license agreement. We will inform you of the applicable agreement. You nor the student may not a) use, copy, modify, create derivative works or distribute the Educational Material; b) reverse assemble, reverse compile, or otherwise translate the Educational Material except as specifically permitted by law without the possibility of contractual waiver; or c) sublicense, rent or lease the Educational Material, license agreements provided with the Education Material.

Warranty

GBM warrants that it has the authority and license to provide the Courses and Education Materials and further warrants that it will perform the services using qualified persons and with reasonable skill and care.
There are no express warranties except those contained herein or on any applicable license agreement. There are no implied warranties, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. We make no warranty as to results attained by attending our classes or using our education materials.

Changes to this Agreement

We may modify these terms and conditions on written notice. The modified terms and conditions will apply to your enrollment or order unless you cancel such enrollment or order prior to the effective date. Otherwise, for a change to be valid, both of us must sign it. Additional or different terms and conditions in any order or communication from you are void.
Occasionally, we have offerings with additional or different terms and conditions. If so, we will provide those terms and conditions to you.

General

The courses and education materials offered by GBM are not offered as occupational training. They are available to individuals whose employer pays any applicable charges.
You agree:
" Not to copy our copyrighted material without our prior written consent.
" Not to use recording equipment in our classes without our prior written consent.
" Not to use our trademarks, trade names, or other designations in any promotion or publication without our prior written consent.
" Not to assign, or otherwise transfer your rights under this Agreement without our prior written consent. Any attempt to do so is void.
Neither of us:
" Is responsible for failure to fulfill any obligations due to causes beyond its control.
" Will bring a legal action (under this Agreement) more than two years after the cause of action arose.
Any terms of this Agreement, which by their nature extend beyond its termination, remain in effect until fulfilled, and apply to respective successors and assignees.
Digital signature and electronic communication (including purchase orders, emails, fax etc.) acknowledges acceptance of these terms and conditions.
The laws of the country in which the courses are being held will govern this Agreement.