Terms and conditions of sale - Conditions governing sales of courses, education and training supplied by International Training Academies AS.
These Terms and Conditions of Sale, apply to the sale of courses and training via www.ita247.com supplied by International Training Academies AS (the “Seller”).
For purposes of these Terms and Conditions, the purchaser of such Products shall be referred to as the “Buyer” and academies, schools and training centers providing such training and competence shall be referred to as the “Suppliers”.
www.ita247.com is a world-wide, web-based training and education portal, offering global services to specified business branches. Using www.ita247.com, customers can utilize a global network of partners that may take care of all needed competence in their organization.
By using www.ita247.com, buyer will have ‘one point of contact’ that will take care of ordering process of the product, receive order confirmation, get access to web-based information such as document of evidence, invoices, statistics and keep track records with their employees.
To a large extent, hotel accommodation will also be available for course participants.
These Terms and Conditions supersede all prior representations or arrangements in connection with the Product.
All the products available in www.ita247.com:
a. are according to international standards where applicable
b. are given by academies, schools and training centers that are approved, Quality Controlled and Quality Verified by International Training Academies AS
c. are held by academies, schools and training centers that are approved by national and to some extent international authorities when applicable
4. PRICE AND PAYMENT CONDITIONS
All prices are in USD and cover the training period at the supplier’s premises. Transport to the supplier’s facilities and accommodation in the training period are not included in the price.
The price covers educational material used in the training and also the document of evidence by passing the exam (if any).
There are two grades of payment:
4.1. PAYMENT FOR PRIVATE CUSTOMERSFor private customers, all payment must be done when booking the training on www.ita247.com web pages.
4.2 PAYMENT FOR VIP CUSTOMERS
5. CUSTOMER LEVELS
Customers of www.internationaltrainingacademies are divided in two levels:
5.2. VIPA VIP customer will have 14 days payment term, will have access to statistics about their employees and will have access to downloads like documents of evidence and invoices and book courses/training in addition to full access to a world-wide network of schools/academies/training centers.
The buyer has the right to cancel the booking minimum seven (7) days before the education/training starts. If prepaid, the course fee will be refunded. Cancellations after seven (7) days will be fully invoiced to the customer.
If either party is in default with respect to any of these Terms and Conditions, including, without limitation, Buyer’s failure to pay any invoice in accordance herewith, the other party, at its option, may defer further performance until such default is remedied, and without prejudice to any other legal remedy, may terminate this contract if such default is not remedied within fourteen (14) days after written notice, specifying the thing or matter in default, is provided to the defaulting party.
8. SELLER’S OBLIGATIONS
Seller is obliged to supply education and/or competence according to international standards where this is applicable.
All academies/schools/training centers connected to www.internationaltrainingacademies are Quality Controlled and Quality Verified by the Seller.
All the products given by partners in www.ita247.com are supplied by suppliers that are approved by national and to some extent international authorities.
9. FORCE MAJEURE
Seller’s failure or inability to make, or Buyer’s failure or inability to take, any delivery or deliveries when due, or the failure or inability of either party to timely perform of any other obligation required of it under these Terms and Conditions, other than the payment of money, if caused by “Force Majeure”, as defined below, shall not constitute a default under these Terms and Conditions or subject the party affected by Force Majeure to any liability to the other; provided that the party so affected promptly notifies the other of the existence of the Force Majeure, its expected duration and the anticipated effect of the Force Majeure on its ability to perform its obligations under this Agreement. The party affected by the Force Majeure shall promptly notify the other party when the Force Majeure circumstance no longer affects its ability to perform its obligations under these Terms and Conditions. The quantity of Product to be delivered shall be reduced by that quantity not delivered as a result of the Force Majeure circumstance unless Buyer and Seller agree that the total quantity to be delivered under this Agreement should remain unchanged.
Herein, Force Majeure means any act of nature or the public enemy, accident, explosion, flood, drought, perils of the sea, strikes, lockouts, labor disputes, riots, sabotage, embargo, war, federal, state or municipal legal restriction or limitation or compliance with such restriction/limitation, failure or delay of transportation, shortage of equipment, fuel, power, labor, or other operational necessity, interruption or curtailment of power supply, or any other circumstance of a similar or different nature which is beyond the reasonable control of the party claiming Force Majeure. A party is not required to resolve labor disputes or disputes with suppliers of raw materials, supplies, equipment, fuel or power, or seek alternate sources thereof except to the extent that the party considers this to be in its best interest. If a Force Majeure circumstance affects either party’s performance for at least ninety (90) consecutive days, the party who is able to perform may terminate the agreement to which these Terms and Conditions apply upon written notice to the affected party.
10. INTELLECTUAL PROPERTY
Buyer shall not use in any manner any trade names or trademarks applied to or used by Seller with respect to the Products, unless otherwise permitted by Seller in writing.
Buyer will indemnify, defend and hold harmless Seller, its officers, directors, employees, agents and representatives from and against all losses, damages, liabilities, costs, and expenses including, but not limited to, property damage, loss of profits or revenue, loss of use of any property, cost of capital, cost of purchased or replacement power or temporary equipment, personal or bodily injury, or death, that may arise pursuant to or in connection with the Products, regardless of whether such Losses are suffered directly by Seller or Supplier or arise pursuant to or in connection with a third-party suit, claim, liquidation of the Supplier, counterclaim, demand, judgment or other action, except and only to the extent caused by the negligence or intentional misconduct of Seller as determined by a court of competent jurisdiction after exhaustion of all applicable appeals.
12.1 GOVERNING LAWThe rights and obligations of the parties under this Agreement shall in their entirety be governed by Norwegian law.
12.2 NEGOTIATIONSShould a dispute arise between the parties as to the interpretation or the legal effects of the agreement, the parties shall first seek to resolve such dispute through negotiations.
If such negotiations do not succeed within ten (10) working days, or a different period agreed by the parties, either party may request that the dispute be submitted to either an independent expert or mediation.