Terms and Conditions
1. General
RADVISION Training Center (the “RTC”) is aimed at providing training to RADVISION’s customers, resellers, partners and system integrators (“Customers”) with respect to the installation, support and maintenance of RADVISION’s selected products.
2. Enrollment Process.
(i) Enrollment shall be made on a personal basis, for each Customer’s participant (“Participant”) separately and individually. Participant will open a user account in RTC site, open the course catalogue and select a course for enrollment. Participant will fill out in a purchase order which will include the following: (a) course title; (b) date and location of course as published in the catalogue; (c) the applicable course fees as provided by Participant’s regional offices; (d) date and location of course; (e) full name of Participant and Customer. All purchase order will be at all times governed by these terms and conditions.
(ii) Approval of enrollment shall be sent to Participant by email upon receipt of a full purchase order, and subject to RADVISION’s approval of Customer. Enrollment is limited to up to ten Participants for each course. RADVISION reserves the right not make a training course available to a Customer which is a competitor of RADVISION.
3. Courses’ Dates and Location
Training will be generally made at RADVISION’s premises worldwide, and sometimes at RADVISION’s discretion on-line as well. Upon Customer’s request, RADVISION may provide the training at Customer’s premises, subject to additional on-site training costs at RADVISION’s then-current rates plus traveling, accommodation and related expenses. If the training is to be conducted at Customer’s premises, Customer shall be responsible for the setup (i.e. facilities, class, equipment, training accessories, etc.).
4. Request for tailored training
If Customer wishes to order a tailored, customized course for its specific requirements, Customer may call the regional offices and a quotation will be provided if such course is available.
5. Certification Procedure
Upon the successful completion of the final certification tests conducted by RADVISION in each course, RADVISION shall certify the applicable Participants on an individual basis and shall grant Participants a certification letter that expressly names the certified Participant name, as well as the version and operating system of the applicable products ("Certification Letter"). The terms of each Certification Letter shall be one (1) year. The Certification Letter may be used only in conjunction with the specific product, version and operating system identified in such letter. After the 1 year period, Participant will be required to complete an additional course related to updates and upgrades of the applicable products.
6. Payment
All course fees must be received by RADVISION at least three weeks prior to the commencement of the course. If payment has not been received in time, RADVISION reserves the right to cancel the enrollment. Course fees as quoted by regional offices do not include taxes. In addition, Customer shall bear all costs and expenses of its Participant in a course, including without limitation accommodation, travel expenses and per diem.
7. Cancellation or Rescheduling by Customer
Notice of cancellation or reschedule which will be made on a notice of seven calendar days or less, will be subject to full payment of the course fees.
Notice of cancellation or reschedule which will be made on a notice of fourteen calendar days or less, will be subject to full payment of half (50%) the course fees.
Notices beyond fourteen days prior to the commencement of the course will not be subject to any payment.
8. Cancellation or Rescheduling by RADVISION
(i) Training can be cancelled without prior notice and course fees shall be refunded to Customers in the event of force majeure, e.g. severe inclement weather, natural or local disaster, power outage, airline strike, etc.
(ii) RADVISION shall be entitled to cancel a course by giving a notice at least 14 calendar days prior to the commencement of the course, in the event that less than 4 Participant enrolled to that specific course. Customer shall be entitled to a refund of course fees actually paid to RADVISION with respect to the course.
(iii) If the applicable course is canceled or rescheduled for any other reason and Participants are notified less than 7 calendar days prior to commencement of the course, then RADVISION will credit the cost of any non-refundable Q-fare basis airline tickets towards a future enrollment in this same course. Credits will only be issued on receipt of original, unused, nonrefundable airline tickets.
(iv) EXCEPT AS STATED ABOVE, RADVISION ASSUMES NO OTHER LIABILITY FOR CANCELLATION OR RESCHEDULING OF COURSES.
9. Privacy Policy
Any privacy issues will be governed by RADVISION’s privacy statement at http://www.radvision.com/Misc/PrivacyStatement.
10. Confidentiality
(i) RADVISION and Participant hereby establish these terms and conditions governing the use, nondisclosure, and protection of Confidential Information that RADVISION provides or discloses to Participant under the courses and training.
(ii) Confidential Information shall mean any data or information, not made available to the general public, oral or written, treated as confidential that relates to RADVISION's past, present, or future research, development or business activities, including any unannounced product(s) and service(s), and including any information relating to services, developments, inventions, processes, plans, financial information, customer and supplier lists, forecasts, and projections, inventions, know-how, trade secrets and other proprietary information.
(iii) Participant shall use Confidential Information received from RADVISION only for the purpose of exercising its rights and fulfilling its obligations under this Terms and Conditions, shall not disclose such Confidential Information to third parties except as provided herein. Participant shall disclose Confidential Information received from RADVISION to employees or consultants only if such personnel have a legitimate need to know such information and are bound in writing by confidentiality obligations not materially less restrictive than those set forth herein.
(iv) Participant’s obligations hereunder with respect to any particular item of Confidential Information received hereunder shall extend for five (5) years from the date of receipt of such item and shall survive any termination or expiration of this Agreement.
(v) Nothing herein shall be construed to limiting or derogating from any additional non disclosure agreement or commitment of Participant towards RADVISION under different agreement (if any).
11. Proprietary Rights
(i) RADVISION owns and shall retain all rights, including intellectual property rights, copyrights, trade-secrets, trademarks, trade-names, patents, know-how, and other proprietary rights whether or not registered, in and to the course materials, products and related documentation, whether made by RADVISION or by Participant, including any updates, enhancements, modifications or improvements made thereto, and RADVISION Confidential Information (collectively: “Course Materials”).
(ii) Participant shall cooperate fully with RADVISION in protecting RADVISION’s rights in the Course Materials.
12. LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING IN THIS AGREEMENT OR OTHERWISE, AND EXCEPT FOR BODILY INJURY, RADVISION SHALL NOT BE LIABLE OR OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY CLAIM WITH RESPECT TO THE COURSES, TRAINING, COURSES’ MATERIALS ; (II) FOR ANY CLAIM ARISING FROM OR RELATED TO PARTICIPANT'S CERTIFICATION, FAILURE TO ACHIEVE CERTIFICATION OR ARISING FROM ANY TERMINATION OF PARTICIPANT CERTIFICATION LETTER; (III) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOSS OR CORRUPTION OF DATA), OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR TECHNOLOGY, IRRESPECTIVE OF WHETHER RADVISION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RADVISION’S AGGREGATED LIABILITY UNDER THIS AGREEMENT FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO THE SUMS ACTUALLY RECEIVED BY THE APPLICABLE CUSTOMER OR PARTICIPANT.
13. Contact
If you have questions or concerns regarding this statement, you should contact us at info@RADVISION.com
14. Miscellaneous
(i) RTC terms and conditions shall govern any purchase order made by Customer or Participant. In any event of contradiction between the terms herein and any other terms (whether pursuant to a purchase order or otherwise), these terms and conditions shall govern and control.
(ii) This terms and conditions shall be governed by the substantive laws of the State of Israel applied to agreements executed and performed in such state, without regard to its conflict of laws rules.
(iii) Unless otherwise provided herein, each party shall be solely responsible for the costs and expenses of performing its activities under these terms and conditions.
(iv) Neither this Agreement or any of Participant's rights granted herein may be assigned or transferred by Participant, whether voluntarily or by operation of law, without the prior written permission of RADVISION and any attempt to do so shall be without effect.
(v) Nothing herein shall be deemed to create an employer-employee relationship between RADVISION and Participant or Customer, nor any agency, joint venture or partnership relationship between the parties. Neither party shall have the right to bind the other to any obligation, nor have the right to incur any liability on behalf of the other.