The provision of the Services hereunder is conditioned upon these Terms and Conditions. Except where prohibited by law, these Terms and Conditions shall apply and are incorporated into every provision of Services made by Company and related subsidiaries. No other terms or conditions, including, without limitation, Purchaser’s standard printed terms and conditions, Purchaser’s purchase order, request for proposal/quote, order acknowledgment or otherwise, will have any application to any purchase between Company and Purchaser and are hereby rejected and objected to unless specifically accepted in writing by Company, with such exception stating that it will apply in place of all or a portion of these Terms and Conditions. All prior proposals, negotiations and representations, if any, are merged herein. Purchaser will be deemed to have assented to all terms and conditions contained herein if any part the Services are provided.
“Affiliate” of a party means an entity controlling, controlled by, or under common
control with, that party.
“Company” means Bridging Cyber Training (BCT) Institute or its subsidiary (ies) or
“Contract” means the written or electronic invoice, purchase order, contract, course
registration or agreement between the Company and Purchaser for the sale/purchase
“Purchaser” means the party designated as such on the face of the purchase order,
contract or agreement and includes its successors, permitted assigns and legal representatives to whom the Company agrees to provide Services to in accordance with these Terms and Conditions.
“Services” means any work or service specified or referred to in the Contract.
Prices for Services shall be as set forth in Company’s quotation or proposal and confirmed in the Contract, subject to correction for any costs omitted or corrections. Price quotations shall be valid for a period of ten (10) days after they are made, unless otherwise set forth in writing. Unless otherwise specified, prices for Services are in US dollars. Credit Card payments are subject up 10% additional fee.
Unless otherwise explicitly set forth in the Contract, Purchaser’s price shall be exclusive of, and Purchaser will bear and pay any and all applicable taxes on the Services.
Company’s only warranty of Services, other than that set forth in the Contract, in writing, and mutually agreed to by the parties, is that the Services delivered hereunder shall be performed in a professional and workmanlike manner in accordance with general prevailing industry standards. Such warranties are exclusive and in lieu of all other warranties relating to the provision of the Services. All other warranties related to the Services are disclaimed pursuant to the Warranty Disclaimer, below. Notwithstanding anything herein or in the Contract to the contrary, any warranty provided by Seller is contingent upon the proper use of the Services by Purchaser. All warranties provided hereunder extend only to the Purchaser and no other person or entity.
Warranty Disclaimer for Services: Under no circumstances and in no event will Company be liable for not passing the training assessment, certification exam, or any other related evaluation of graded or non-graded metrics. Further, under no circumstances and in no event will Seller be liable for punitive, special, multiplied consequential or liquidated damages of any kind, whether based upon warranty, contract, strict liability, negligence or any other cause of action arising in connection with the design, sale or use of the Services. Purchaser hereby acknowledges and agrees that under no circumstances, and in no event, shall Seller’s liability, if any, exceed the net sales price of the Services as set forth in the Contract.
Performance of Services
Company shall perform the Services as set forth in the course outline. Company reserves the right to change the trainer or the content of the training sessions as long as the objectives of the training are not compromised. Company may make reasonable changes to the date, time or location of the performance of the Services upon prior notice to Purchaser. Changes that are beyond the control of the company, like acts of god, natural disaster, country or state issues, delayed flights, hospitalizations or any other major unforeseeable delay in services will be made know to the client as soon as possible. All efforts to reschedule the training right away will be made. The company is not liable for any unforeseen delays out of the company’s control. Company is not responsible for any presenters’ or participants’ statements, acts, materials, or omissions. The use of audio or video recording devices is not permitted at any activity. Trainers and content are subject to change without notice in the event of circumstances beyond our control.
Purchaser is an individual who has registered for one of BCT Institute’ Services who has the authority to transfer their registration to another individual, upon written notice to Company. Any such transfer may be limited to another individual from the same entity/organization and may be subject to approval of such entity/organization. Upon paying for Services deposit and final balance, Purchaser receives full acknowledgement and responsibility to attend all required session to contribute to overall success of taking the boot-camp/class. Students are required to allot at least ten (10) hours each week for studying, examination preparation, or any related task to ensure success is achievable under the care of BCT Institute.
Company will not be liable for any default or delay in the performance of the Services when such default or delay results either directly or indirectly from any unforeseeable cause beyond the Company’s control including, without limitation: instructor illness or inability to attend, fire; flood; war; acts of the public enemy, or acts of God. Company shall not be liable for any loss, cost, penalty or any consequential, incidental or other damages of any kind occasioned by or arising or resulting from any default or delay in delivery by Company, whether or not said loss, cost, penalty or damage was reasonably foreseeable. Before exercising a right to termination under this Section, Company shall make reasonable efforts to reschedule the event, with Purchasers consent. Any such rescheduled event shall be subject to the terms and conditions of the existing contract or course registration.
Company reserves the right, by written notice to cancel any course registration without liability to Company in the event of (i) insolvency of Purchaser; (ii) the filing of an involuntary petition of bankruptcy by Purchaser; (iii) the filing of an involuntary petition to have Purchaser declared bankrupt; (iv) the appointment of a receiver or trustee for Purchaser; or (v) the execution by Purchaser of an assignment for the benefit of creditors. Company may cancel the Contract in the event that Purchaser fails to cure a breach of the Contract within five (5) days of receipt of notice of such breach. Purchaser shall be liable for Company’s damages in connection with such breach or failure to perform including consequential damages reasonably foreseeable by Purchaser or of which Purchaser was apprised by Company, provided, however, the Purchaser shall not be responsible for delays or defaults occasioned by Force Majeure, as defined above, but in the event of such occurrence, Company reserves the right to cancel the registration without liability upon receipt of notice from Purchaser or such Force Majeure event.
Relationship of the Parties
All Services provided hereunder are provided by Company as an independent contractor.
No solicitation of Company Personnel
Purchaser acknowledges that Company has expended substantial time and effort in providing its employees and contractors with valuable training and information. Purchaser agrees that, without Company’s prior written consent, Purchaser will not, directly or indirectly, employ, solicit the employment of, or in any way retain the services of any Company employee or contractor. Further, should any employee or contractor leave Company’s, it is agreed that Purchaser will neither employ or contract with such individual for a period of one year following the termination of such individuals’ relationship with Company. The parties agree that a breach of this provision will cause irreparable harm to Company and that Company will be entitled to injunctive relief without the requirement of posting bond or the necessity of proving any actual harm. The parties further agree that in the event of a breach of this provision, the damages that will be incurred by Company will be an amount equal to 150% of any the annual compensation at the time of the breach.
Waiver. Failure, delay or waiver by either party of any of the terms or conditions
herein shall not operate as or be considered to be either a waiver or forfeiture of such rights by such party of any other term of condition hereof, or of any subsequent breach by either party.
Governing Law. These Terms and Conditions and all Contracts shall be governed by the laws of the State of Maryland, without reference to choice of law or conflicts of law. The parties shall attempt to negotiate, in good faith, any disputes arising under this Contract. Any and all disputes related to the interpretation or enforcement of this agreement will be brought in the state or federal courts located in Washington D.C. and the parties hereby acknowledge and consent to the jurisdiction of such court. Purchaser hereby waives any and all objections that it might otherwise have as to personal jurisdiction or venue in any of the above tribunals.
Complete Agreement. These Terms and Conditions, and any Contract which attaches, incorporates or otherwise references these Terms and Conditions, together set forth the entire understanding between the parties with respect to the subject matter hereof and supersede all other prior negotiations, commitments between the parties, whether written or oral. These Terms and Conditions shall apply and constitute a binding obligation on the parties on the earlier of delivery of signed acknowledgment, commencement of performance or shipment according to schedule of all or any portion of the products covered under this Contract, by Company. Purchaser acknowledges that it is not relying upon, and has not been induced by, any representation, warranty, statement made by, or other information provided by Company in connection with its decision to purchase or use the Goods, other than those set forth in this Agreement.
Amendment. Neither these Terms and Conditions nor the Contract may be modified without written agreement of the Parties
Severability. If any provision herein or in a Contract is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Terms and Conditions or Contract shall not be affected thereby and shall continue in full force and effect the same as if the invalid or unenforceable provision had not been included in the first instance.
Successors. This Agreement shall be binding upon and inure to the benefit of all successors and permitted assigns.
Client grants Company the right to include Client’s name and/or logo in a list of its
customers, which may be publicly displayed on Company’s Website and in promotional materials for Company’s Products together with other customers of Company.
Client may terminate the publicity right granted in Section 15(a) above or request to be excluded from appearing in Company’s public list of clients, Website, or promotional materials at any time by submitting a written request via e-mail to: firstname.lastname@example.org or by regular mail sent to the address indicated above. Company shall comply with that termination or request within ten (10) business days from receipt of such notice.