THE LEGAL AGREEMENT BELOW GOVERNS AGREEMENT BETWEEN CUSTOMER (HEREIN AFTER KNOWN AS CUSTOMER, PARTICIPANT OR CLIENT) AND CERT ACADEMY ONLINE (HERE IN AFTER KNOWN AS CAO OR COMPANY)
By checking the acknowledgment box, the CUSTOMER agrees to all terms and conditions stated herein for use of training media, videos, and materials.
1. SCOPE OF SERVICES
1.1 CAO agrees to provide CUSTOMER access via a Course Access Portal (CAP) to purchased access to certification prep and professional development course media; supplemental materials and resources as indicated in the course outline for each course accessed by CUSTOMER
1.2 Trainees will have access to training media 24hrs. a day 7 days a week for twelve months from date that the purchased courses are uploaded on the CUSTOMER Course Access Portal.
1.3 CUSTOMER understand that they have purchased access to certification prep and professional development courses that will assist them with enhancing their soft skills and/or assist them with preparing for certification exams. CUSTOMER understands that CAO makes no guarantees of passing the certification exams
1.4 CUSTOMER also understand that courses is not designed or intended to qualify its participants for specific employment. It is intended solely for the avocational, personal enrichment of participants.
1.5 CUSTOMER also understands that CAO does not provide job placement assistance. CAO however will provide access to CUSTOMER job search and resume upgrade videos provided in CAO website.
2. CANCELLATION & REFUND POLICY –
Once the CUSTOMER has agreed to the terms and conditions set forth with in this agreement, as well as has made appropriate payment and/or payment arrangements, has submitted Identification (depending on payment options) CAO will begin creating a customized Course Assess Portal for PARTICIPANT. CUSTOMER will therefore agree to the following cancellation and refund policy.
2.1 The CUSTOMER
will receive a full refund of all fees and tuition paid minus a $10.00 processing fee if:
The customer requests cancellation in writing within three business days of purchasing and agreeing to these terms and conditions. Written cancellation should be sent to their Cert Coach or to firstname.lastname@example.org or both
The CUSTOMER purchases are not accepted by CAO. CAO reserves the right to disapprove individuals that:
Provides CAO with erroneous contact and payment information.
CAO discontinues purchased course within a period of time that a student could have reasonably completed it, except that this provision shall not apply in the event CAO ceases operation.
Refunds are calculated as follows:
Student requesting cancellation within three business days of purchase and agreeing to terms and conditions, but before starting training, shall be entitled to a refund of all monies paid minus a $10.00 cancellation fee.
If a CUSTOMER wants to stop getting access to courses after starting a course or after three business days of date of purchase, the CUSTOMER is entitled to NO refund of tuition paid.
Customer is responsible for full payment for any course that they start. This includes payment of PAYGO plan customer has agreed to during the application and purchasing process.
3. PAYMENT METHODS TERMS AND CONDITIONS-
Customer has the option of either making full payment or financing their purchase through external financing entities or applying for the CAO Pay As You Go (PAYGO) Plan through CAO as follows:
3.1 Full Payments-
Trainee may choose to make full payments by credit or debit card. Payments by check must be approved by CAO. CUSTOMER may speak with their Cert Coach or call CAO directly to get approval. CUSTOMER understands that if he/she chooses to make payment by check they will not get access to training until check has cleared. Once check has cleared CAO will call customer to confirm order and begin customizing the Course Access Portal which may take an additional 72 hours. CUSTOMER also understands that he/she will be responsible for paying any insufficient bank fees incurred by CAO.
3.2 External Financing Sources- CUSTOMER may pay for their purchases by using any external financing sources. CUSTOMER understands that though CAO is affiliated with PayPal and Flexbuy, these external financing sources have their own approval and verification process. Approval through these external sources does not mean that payment has been completed. Once approved CUSTOMER must return to CAO website to make payment.
3.3 CAO Pay As You Go (PAYGO) Plan: CUSTOMER will have the option to apply for CAO PAYGO plan. CUSTOMER must agree to PAYGO terms and conditions.
4. TECHNICAL REQUIRMENTS
- CUSTOMER understands that he/she is responsible to assuring that the device being used to access courses meets all technical requirements as indicated on CAO website under the resources tab.
5. MEMBER ACCOUNT, PASSWORD, AND SECURITY
. To get access to the certification prep and professional development courses CUSTOMER must complete the CAO questionnaire and agree to the terms and conditions. CUSTOMER must provide CAO with current, complete and accurate information as prompted by the training questionnaire. Once received, CUSTOMER understands that they shall protect their passwords and take full responsibility for the use of account. CUSTOMER is solely responsible for any and all activities that occur under their account. Trainee agrees to notify CAO immediately upon learning of any unauthorized use of their account or any other breach of security.
6. CAO COUSE ACCESS PORTAL MAINTENANCE
- CUSTOMER understands that from time to time, CAO support staff may log in to the Trainee’s account in order to maintain or improve service, including to provide assistance with technical or billing issues.
7. TERMINATION OF ACCESS PORTAL If CUSTOMER
fails to comply with the terms and conditions set forth within this agreement, CUSTOMER will have their account suspended or terminated. Upon such case, Trainee may not access their Course Access Portal and it’s resources. CAO will save course information for three months to allow CUSTOMER to bring their account to date. 9. Appeal Process-
Trainee may call or e-mail CAO to rectify reasons for suspension or termination of their access portal.
8. LIMITATION OF LIABILITY. CAO WILL NOT BE LIABLE TO USER OR
ANY THIRD-PARTY CLAIMANT FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR INCORRECT INFORMATION), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF OCCEPD AND/OR ITS SUBSIDIARIES AND AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU.
9. SERVICE LEVELS
. CAO does not guarantee the Service will be operable at all times or during any down time due to: (1) caused by outages to any public Internet backbones, networks or servers, (2) caused by any failures of Your equipment, systems or local access services, (3) for previously scheduled maintenance or (4) relating to events beyond CAO (or its wholly owned subsidiaries’) control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where CAO (or its wholly owned subsidiaries) or Trainee’s servers are located or co-located. Complete accuracy in all aspects of Your Training Record at all times also is not guaranteed.
10. PROPRIETARY RIGHTS NOTICE
. The Service, which includes but is not limited to the CAO and all intellectual property rights in the Service are, and shall remain, the property of CAO (and its wholly owned subsidiaries). All rights in and to the Processing Software not expressly granted to You in this Agreement are hereby expressly reserved and retained by CAO and its licensors without restriction, including, without limitation, CAO (and its wholly owned subsidiaries’) right to sole ownership of the CAO and Documentation. Without limiting the generality of the foregoing, You agree not to (and to not allow any third party to): (a) sublicense, distribute, or use the Service outside of the scope of the License granted herein; (b) copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile the Processing Software or otherwise attempt to discover any source code or trade secrets related to the Service; (c) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Service for any purpose without the express written consent of CAO; (d) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with CAO (or its wholly owned subsidiaries) other than in the name of CAO (or its wholly owned subsidiaries, as the case may be); or (e) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Service.
13. MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES
CAO reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy governing the Service, at any time, by posting the new agreement to the site located at www.certacademyonline.com (or such other URL as CAO may provide). You are responsible for regularly reviewing the policy. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of My Online Training Hub, (ii) You accept updated terms online, or (iii) You continue to use the Service after CAO has posted updates to the Agreement or to any policy governing the Service. CAO may also at time update course.
13.1 The changes to the fees or payment policies are not applicable to individuals that made payment agreement prior to changes.
14. COMPLAINT OR GREIVANCES PROCEDURES
14.1 All student complaints should be first directed to the CAO personnel at Contact@certacademy.net
14.2 All written grievances received by CAO will be handle by one of our corporate staff within one week of receipt.