Training Terms and Conditions

When enrolling in a Perforce Zend (“Zend”) training course, the participant agrees to accept the following general Terms and Conditions as set out by Zend:

Registration

Registrations for an online training course can be made by the student once the purchase is completed.  Instructions will be emailed to the purchasing contact within 24hrs. For Private Online or Onsite classes, a Zend representative will work with you to schedule the class. Class purchases must be registered for within one year from the purchase date or the class credit will be expired. If you need assistance with registration please contact us at itraining@zend.com.

Zend limits class sizes to allow for the optimal training environment for the individuals taking the class. This ensures sufficient individual attention. Students may be interviewed prior to the class commencement to ensure that the level of the students are roughly the same to maintain the high quality of the training.

Course Fees and Payment Options

The course fee for public classes will be charged per participant for the entire course. Fees vary in accordance with the course level, duration, and delivery method. A listing of the course schedule and related fees are available on the Zend website. Onsite fees will be quoted by a Zend sales representative via a Zend quote.

Any classes missed by the participant, through no negligence or technical issues caused by Zend, remain the responsibility of the participant, and “make-up” sessions are not available as part of the original fee paid. For online classes, Zend will record each session and provide access for 30 days after the class ends. These recordings are for the use of the registered student only. For on-site classes, fees do not include the cost of travel, accommodation, food, or any other extra services. Travel expenses will be charged to the customer at cost.

Any discounts that may apply as part of an agreement or special promotion cannot be combined unless specifically granted by Zend. Zend reserves the right to review and change course fees without notification. However, course dates that were booked prior to the price change, and for which Zend has received valid payment, will be honored at that fee that was applicable at the time of booking.

Zend accepts the following forms of payment:

• Purchase Order (net 30)
• Credit Card (Visa, MasterCard, American Express)
• Training Credits
• Bank Transfer

Payment terms for all invoices are 30 days from invoice date unless an alternative formal and approved arrangement has been made with Zend in writing. Zend reserves the right to remove any applicable discounts if a purchase order or equivalent has not been received four calendar weeks before a training delivery is due to begin.

For volume discounts applied to a specific customer, or large pre-payments made by a specific customer, the total purchase order amount will be invoiced by Zend upon receipt of the purchase order, or equivalent, and will be independent of when the training is delivered.

All pre-paid training credits must be used within 12 months of the purchase order date. If any credits are unused after 12 months of the purchase order date, Zend reserves the right to expire these credits and offer no refund of the training credits or their attributed financial value.

All fees will be considered earned as the work is completed unless courses are not taken within timelines specified.

Confirmation

For public courses, Zend will send a confirmation email to the participant and/or participant’s company training contact once the completed registration and a valid form of payment have been received. Registrations for which a valid form of payment has not been received at least three days prior to the start of the course will not be confirmed and Zend reserves the right to release any unconfirmed seats, at any time, without notice.

Cancellation or Rescheduling Request by the Customer

For public courses, cancellations and rescheduling notifications must be made in writing at least 10 working days prior to the start of the course date. When requesting a rescheduled registration, the customer shall endeavor to reschedule the course for a mutually acceptable date no later than 12 weeks from the original requested start date of the course(s).

If a cancellation or rescheduling request is received less than 10 working days before the event, or in the case of absence without any notice, the stipulated training fee will be fully charged without further notification. The customer has the right to send another participant as a substitute, provided that any applicable prerequisites have been completed. This change in the booking is free of charge. There are no refunds for partial use of services or partial attendance.

There are no refunds for training courses, training bundles, or training units.

Cancellation or Rescheduling By Zend

For public courses, Zend may cancel or reschedule a training course if the number of participants is less than that specified for the relevant event, or if an instructor is incapacitated through illness, or for other reasons of a serious nature.

If a participant is unable to attend as a result, any payment already made will be applied to the customer’s account. All further claims are excluded. For on-site or classroom training, Zend shall not be liable for non-refundable travel arrangements if a course is canceled or rescheduled.

Copyright / Intellectual Property Rights

The copyright in and all other intellectual property rights relating to the course documentation, and any other training materials provided to the course participants, are solely owned by and hereby reserved to Zend. Under no circumstances may the whole or any part of the course documentation be produced or copied in any form or by any means or translated into another language without the prior written permission of Zend. Training materials are defined to also include all electronic knowledge products or learning systems, which have been given to the participant on a storage device or made accessible via the Internet. Offenders are liable for payment of damages.

Waivers

For courses that have mandatory prerequisites, participants may apply for a waiver if they believe their existing knowledge and experience are sufficient to attend a Zend training course without having completed its prerequisites. Upon receipt of a waiver request, a Zend instructor will contact the participant to verbally assess his/her knowledge and experience in order to determine whether or not it is appropriate to provide the participant with a prerequisite waiver.

If the requested waiver is issued, it is the full responsibility of the participant to ensure that the knowledge and/or experience that s/he may lack does not disturb the other participants in the class. By accepting a prerequisite waiver, the participant accepts that any topics that would have been part of one or more of the prerequisite course(s) will not be covered during or after the course for which s/he registered.

Course Content

Zend reserves the right to amend the content of any course without notice to the participants where, at the sole discretion of Zend, such amendment is deemed not to fundamentally change the content of such course.

All course content including instructor presentations, supplemental materials, and participant materials are only available in English. Although the instructor may use another language when verbally delivering the training, all course materials are only available in English.

Rules of Participation

Each student attending Zend courses shall comply with all regulations and procedures established and communicated for the course.

Software made available by Zend for training purposes must not be removed, nor may it be copied either wholly or in part or rendered useable in any other form for which consent has not been obtained. Course materials provided by Zend and are intended for training purposes only.

Zend reserves the right to exclude (a) participant(s) from attending any course due to disorderly conduct, failure to observe any of Zend’s rules of participation or failure to attend the prerequisite class(es) for a particular course without having obtained a valid prerequisite waiver. No refund of fees shall be paid to the participant or his/her employer in such circumstances.

Online Sessions:

Zend’s online courses are delivered via the Zend Webex Training Center, using your internet connection and VOIP.

• Any Operating System with a browser. Check your system.
• An Internet connection (56k and above).
• Speakers and microphone or a headset (if you want to be able to talk with the instructor via voice).
• For some courses, we have created a Virtual Machine using VMWare to provide you with a full, hands-on experience. The instructions for the VMWare information will be sent a few days prior to the start of the course and will require that you have it ready for the first day of the class.
• Participants are requested to login to the class 15 minutes before the start of class on the first day.

Classroom Sessions:

Participants are requested to come to the training site 30 minutes before the start of class on the first day. Participants and/or their supervisors are requested not to make return travel arrangements that may affect or disrupt the duration of the course.

The customer shall remain responsible for the activities and behavior of its participants while on Zend premises. The customer is liable to pay for any damage that is caused by their participant to any property belonging to Zend.

Equipment may not be used at any time for other reasons, and are not intended to provide Internet access.

Participants must not access or attempt to access any Zend computer-based data that is not specifically part of the training course.

Zend will not accept liability for any damage that may result from possible viruses on copied file disks or other external file storage devices. Disks, mobile hard disks, or any other external file storage devices brought in by participants must not be used on Zend’s computers. Mobile phones must be switched off during class, and calls may only be made or received during class breaks so as to not disturb the instructor(s) and/or other participants.

On-Site Training:

The price of on-site and/or customized training shall be negotiated prior to the offering. For training at the customer's requested location, all travel, accommodation and living expenses for the instructor(s) must be paid for by the customer in addition to the daily course cost, unless specifically agreed differently by the customer and the Zend Training Manager.

Quotes for on-site training delivery as issued by Zend shall be valid for one month unless specifically agreed differently by the customer and the Zend Training Manager. The validity period applies to the price offered in the quote. A quote does not guarantee that Zend will have the necessary resources available to deliver the specified training at the requested time. Lead time is approximately four weeks.

In case of cancellation, notification must be received in writing. Zend charges a 50% cancellation fee for classes canceled 10 or fewer business days prior to the start date of the course. Cancellations with less than 10 days notice are 100% non-refundable. In addition, any chargeable work already undertaken by Zend will also be charged to the customer. Any non-refundable expenses already incurred by Zend will be charged at cost to the customer.

In order to successfully deliver the onsite training, it is important that roles and expectations are clear to both Customer and Zend staff. These expectations are outlined below. Where appropriate, a single individual may fill several of the roles listed below. Zend reserves the right to use subcontractors in those roles it deems appropriate.

Customer is expected to provide prior to the commencement of the class:

• Someone readily available (Project Sponsor or Project Manager) to Zend who is familiar with the project, this proposal, and Zend’s agreement with the customer, in order to resolve issues and facilitate communication expeditiously.

Training Room Requirements:

• Instructor’s workspace should be in front of the classroom.
• Students must utilize their own laptops for instructional purposes; some Zend training courses require specific software to be loaded for use during the training course.
• Internet access for students and instructor (a hard-wired connection for the instructor is preferred).
• Adequate power outlets & extension cords for all computers, monitors, and peripheral devices.
• A projector, and projection screen for the instructor’s use, with video output connection.
• Training room must be set up before the start of the class and ready for instruction prior to the beginning of class.
• An additional set up fee is charged at $250.00 per hour to customer if the adequate setup has not been done prior to class commencement date and time.

If any classroom, classroom equipment, hardware or software provided by the customer for use by Zend in the delivery of training to the customer is not provided as agreed, Zend will not be responsible for any associated inconvenience or disruption caused to the training delivery and reserves the right to invoice for the training delivery in full.

Warranties and Liabilities

While every effort is made by Zend to ensure that its course instructors are appropriately qualified and trained, Zend shall not be liable for any loss, cost or expense or for any special or indirect or consequential damages arising from negligence, misconduct or lack of skill in delivering the course(s). ZEND’S TOTAL LIABILITY TO CUSTOMER ARISING DIRECTLY OR INDIRECTLY FROM THE DELIVERY OF COURSES REGARDLESS OF THE FORM OF ACTION GIVING RISE TO SUCH LIABILITY (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY A CUSTOMER FOR A COURSE. THE COURSES ARE DELIVERED “AS IS” WITHOUT ANY WARRANTY, WHETHER EXPRESS OR IMPLIED AND ZEND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Miscellaneous

Zend shall not be liable for any delay or failure to perform under this agreement if caused by conditions beyond its reasonable control.  This agreement is governed by the laws of the State of California without regard to principles of conflicts of laws. Any proceedings under or in connection with this agreement shall be brought exclusively in state or federal courts sitting in the Santa Clara County, California. This agreement may not be assigned or transferred by the customer without Zend’s prior written consent. Zend is permitted to assign its rights under this agreement. The relationship of Zend and the customer shall be that of independent contractors. Neither party has the authority to bind the other or to incur any obligation on behalf of the other party or to represent itself as the other’s agent or in any way that might result in confusion as to the fact that the parties are separate and distinct entities. A waiver by either party of any provision of this agreement shall not be construed as a waiver of such provision. Each party shall retain the right to enforce any such provision in any subsequent breach. If any provision of this agreement is held to be invalid or unenforceable, the remainder of the provisions shall remain in full force and effect. The parties shall comply with the provisions of all applicable federal, state, county and local laws, ordinances, regulations and codes. This agreement constitutes the entire, complete and exclusive statement of the agreement between the parties pertaining to the subject matter hereof, and supersedes and cancels all prior oral and written agreements between the parties with respect to this subject matter. This agreement may not be changed in any way except by an instrument in writing signed by both parties. Any provisions of this agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.