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Magento U Terms and Conditions

1. REGISTRATION.

1.1. Registrations for a training course can be made by completing an online form available on the Magentocommerce.com website, or from a Magento sales representative, Magento Training Reseller or Training Partner.

1.2. Registrations for on-site and/or customized training can be made by completing an online form available on the Magentocommerce.com website, or from a Magento sales representative or Training Partner, Magento Training Reseller, or Magento Training Manager.

2. COURSE FEES AND PAYMENT OPTIONS.

2.1. Training fees are all due in advance and at time of registration. Magento reserves the right to remove any applicable discounts if a Purchase Order or equivalent has not been received four (4) calendar weeks before a training delivery is due to begin.

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

2.3. Training Partners and Resllers may not charge fees greater than the course fees found at http://www.magentocommerce.com/training/descriptions

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

3. CONFIRMATION.

3.1. Magento will send a confirmation email, fax or letter to the participant and/or participant’s company training contact, or the 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 3 (three) working days prior to the start of the course will not be confirmed, and Magento reserves the right to release any unconfirmed seats, at any time, without notice.

4. CANCELLATION OR RESCHEDULING REQUEST BY THE CUSTOMER.

4.1. Rescheduling notifications must be made in writing to training@magento.com at least 10 (ten) 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 twelve (12) weeks from the original requested start date of the course(s) based on course availability. Refunds will not be processed in the case of a cancellation request by the customer.

4.2. If a cancellation or rescheduling request is received less than 10 (ten) 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 booking is free of charge. There are no refunds for partial use of services or partial attendance.

5. CANCELLATION OR RESCHEDULING BY MAGENTO.

5.1. Magento 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 in-capacitated through illness, or for other reasons of a serious nature.

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

6. COPYRIGHT / INTELLECTUAL PROPERTY RIGHTS.

6.1. 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 Magento. 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 Magento. 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. Any software provided as learning aids are not to be used in any commercial form. Offenders are liable for payment of damages.

7. WAIVERS.

7.1. For courses that have mandatory pre-requisites, participants may apply for a waiver if they believe their existing knowledge and experience are sufficient to attend a Magento training course without having completed its prerequisites. Upon receipt of a waiver request, a Magento instructor may 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.

7.2. 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.

8. COURSE CONTENT.

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

9. RULES OF PARTICIPATION.

9.1. On-site or Off-site Classroom Sessions:

a. 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 or assign work that may affect or disrupt the duration of the course.

b. Each student attending Magento courses shall comply with all regulations and procedures established and communicated for the course. The customer shall remain responsible for the activities and behavior of its participants while on Magento premises or any off-site location that the class may be held. The customer is liable to pay for any damage that is caused by their participant to any property belonging to Magento or any off-site location that the class may be held.

c. Course materials and equipment are provided by Magento and are intended for training purposes only. Equipment, if provided, may not be used at any time for other reasons, and are not intended to provide Internet access.

d. Software made available by Magento 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.

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

f. Magento 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 Magento’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.

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

10. WARRANTIES AND LIABILITIES.

10.1. While every effort is made by Magento to ensure that its course instructors are appropriately qualified and trained, Magento does not accept liability 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).

11. ON-SITE TRAINING AND CUSTOMIZED TRAINING.

11.1. 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 daily course cost, unless specifically agreed differently by the customer and the Magento Training Manager. Quotes for on-site training delivery and customized training as issued by Magento shall be valid for 1 (one) month, unless specifically agreed differently by the customer and the Magento Training Manager. The validity period applies to the price offered in the quote. A quote does not guarantee that Magento will have the necessary resources available to deliver the specified training at the requested time.

11.2. In the case of customized training, no chargeable work shall be undertaken by Magento before a valid form of payment is received.

11.3. In case of cancellation, notification must be received in writing. Magento charges a 50% cancellation fee for classes cancelled between 10 (ten) and 3 (three) prior to the start date of the course. Cancellations with less than 3 (three) days notice are 100% non-refundable. In addition, any chargeable work already undertaken by Magento will also be charged to the client.

11.4. If any classroom, classroom equipment, hardware or software provided by the client for use by Magento in the delivery of training to the client is not provided as agreed, Magento 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.