"TIBCO" as used in the following shall mean TIBCO Software Inc. and its affiliate and subsidiary companies. These Training Restrictions and Limitations are in addition to the policies set forth in the TIBCO Educational Services Terms and Conditions.
1.1 An instructor's travel arrangements will be handled by TIBCO's Travel Department only. Travel arrangements will be made following receipt of a Work Order (as defined in your agreement with TIBCO).
2.1 All training Consulting Services must be pre-paid. Payment must be received ten business days prior to the start of a course to reserve the dates, to confirm travel arrangement and, if applicable, to ship Materials. Payment must be in the form of a check, credit card (American Express, Visa or MasterCard), prepaid training funds or passport units, purchase order, or wire transfer. Exchange rates for international transactions are based on the weekly average rate for the first week of the current calendar month.
3.1 You will be fully charged (100%) of the training course fees, if cancellation is NOT received by TIBCO in writing at least ten (10) business days in advance of the training course. If training is cancelled by TIBCO, then TIBCO will either: (1) fully refund the money at your request, or, (2) reschedule the training based on the next available date (or if On-site Training, as may be mutually agreed upon by the parties). You may not cancel OnDemand eLearning courses. TIBCO shall not be held responsible for any cancellation, postponement or unexpected delay due to factors or circumstances beyond its control.
4.1 Customer Provided Laptops. You will be responsible for any loss or damage to the provided laptops, and agree that laptops provided will remain in the same training room the duration of the training. You will ensure provided laptops meet all the requirements and specifications provided by TIBCO’s Education department for the training. In cases, where laptops are not functional, you can immediately provide replacement machines, or affected students will need to share with students on remaining functional machines. The TIBCO instructor will not delay the start of the training course. However, if all or more than half of the machines are not functional, TIBCO reserves the right to cancel the training. In the event of such cancellation, time and expenses incurred by TIBCO instructor while on-site, shall be invoiced and are immediately due and payable.
4.2 TIBCO Provided Laptops. There is a per hour set-up fee with a minimum of three (3) hours for each on-site training course to cover the time associated with set up and configuration of laptops and/or equipment. In cases where TIBCO will be loaning the laptops necessary for the training, arrangements for receipt and return of TIBCO laptops by Federal Express or equivalent courier service as designated by TIBCO, will be at your expense and will be confirmed by TIBCO in advance of the training course. TIBCO specifically retains all ownership of, and all interest in, the laptops. You are required to provide a secure location for the laptops and will be responsible for all laptops provided and any loss or damage thereto. Laptops must remain in the same training room for the duration of the training and cannot be moved. Time is of the essence for return of laptops as TIBCO does rely on using the same laptops for other engagements. If the laptops are not returned by you, or not accessible for pick up by courier as arranged by TIBCO, then you will be liable for a rental fee at a rate of $500.00 (or equivalent amount in local currency, based on the prevailing exchange rate) per day, until such time as TIBCO has the laptops in its care, custody or control. Notwithstanding the foregoing, if you fail to return one or more laptops after thirty (30) days following completion of the training event, you will be liable for TIBCO’s cost of replacement, in addition to any other fees or charges as permitted by law, in accordance with the terms of your agreement with TIBCO.
4.3 Class Size. On-site training classes are for a maximum of 12 students.
5.1 Prepaid training Consulting Services must be used within one year from date of purchase or be forfeited. Prepaid training accounts can only be applied towards the training offered in connection with TIBCO products. Prepaid training accounts cannot be used towards Expenses, or combined with other promotional offers; discounts or partner discounts and are non-transferable and non-assignable. Prepaid training accounts purchased based on APAC discount rates may only be utilized in the corresponding country or region purchased; prepaid training accounts purchased based on rates for America’s and EMEA may be utilized globally.
6.1 Live Online training registration must be received 3 business days prior to the course start date. Registrations that require international shipping must be received 6 business days prior to the course start date. A late fee may apply to domestic or local registrants that register within 2 business days of a course.
7.1 Self-Paced eLearning courses are non-transferrable and must be pre-paid. Please check TIBCO Spotfire Training and TIBCO Educational Services Programs for a complete list of courses and purchasing options, and if applicable, any limitations or restrictions.
8.1 Classroom Set-Up Requirements Checklist or a Contact Information sheet may apply to any on-site training. If provided, these forms must be completed and returned to the course registrar as set forth in the "Contact Us" section at TIBCO Educational Services Programs for courses related to TIBCO products or to email@example.com for courses related to TIBCO Spotfire products. TIBCO's performance under a Work Order is conditioned upon our timely receipt of both the Classroom Set up Requirements Checklist and Contact Information.
Training Restrictions and Limitations are subject to change at TIBCO's discretion without notice at anytime, however, Work Order's which incorporate these Training Restrictions and Limitations and which were executed by the parties prior to any change taking effect will not be impacted by any change or changes unless such change or changes is/are expressly incorporated under a change order executed by the parties. ©2017 TIBCO Software Inc. All Rights Reserved.