Terms and Conditions

1.    Some seminars could be cancelled without prior notice as our requirements can change according to the market situation. In the event that a seminar is no longer offered, you will be informed at the time of request. No. 14 applies to any seminar fees paid.

2.     These Terms and Conditions relate specifically to the provision of Training Services by LHS and are in addition to any general Terms and Conditions between LHS and the Customer.

3.     LHS agrees to provide Training Services to the Customer in accordance with the current proposal or signed contract and seminar descriptions and subject to the following Terms and Conditions. By booking training seminars with LHS, the Customer will be deemed to have accepted the Terms and Conditions contained herein.

4.     Booking and Payment

Open and Corporate Seminars

Bookings for training must be received on a LHS training order form, complete with customer Purchase Order number and signed by an authorized person. LHS will acknowledge receipt and confirm the booking within five (5) working days of receipt.

Specifically for Corporate Seminars

All applicable fees will be invoiced upon seminar completion and shall be paid 14 days upon receipt of invoice.

Specifically for Open Seminars

Fees will be invoiced 30 days prior to the seminar date and must be paid in full 14 days prior to the seminar date. LHS may terminate this agreement forthwith on giving written notice to the Customer if the Customer fails to make any payment on the due date. Written reservations for seminars will be held for ten (10) working days during which time a completed booking form must be received for the reservation to be confirmed.

All fees and expenses shall be net of all taxes pertinent to Customer, Country, including without limitation any sales, goods and services, excise, valued added withholding or similar taxes, whether federal, provincial, municipal, or local. Customer shall be fully responsible of payment of all taxes where applicable in addition to the agreed prices.

5.     Participant Substitution or Cancellation

Open and Corporate Seminars

The customer may substitute an alternative person for any participant enrolled at any time up the start of the seminar at no additional charge. Substitutions should be advised in writing. The customer should ensure that substitute participants meet the requirements for the seminar as defined in 12 below. Cancellations must be made in writing. Cancellations received within fifteen (15) working days of the seminar date will be subject to 50% of the seminar charges. For non-attendance of participants 100% of the seminar fee will be charged.

Specifically for Corporate Seminars

All expenses incurred in addition will be charged.

6.     Pricing Policy

Open Seminars

Current seminar fees are quoted in the LHS Open Seminar List. All quoted prices are exclusive of VAT and similar taxes, which will be added to the quoted prices at the rate and in the manner for the time being prescribed by German law for seminars held in Germany. The seminar fee includes one official LHS Training & Education seminar handout per registered participant, the use of all necessary equipment, refreshments and lunch. The seminar fee does not cover any ancillary expenses such as travel and accommodation, which are the sole responsibilities of the customer.

Corporate Seminars

Seminar fees are quoted in the LHS Price List. All quoted prices are exclusive of VAT and similar taxes according to the respective country laws. VAT will be charged for seminars held in Germany. The seminar fee includes seminar materials. The seminar fee does not cover the trainer's travel time, which will be charged at the rate given in the proposal, and all other expenses such as trainer's travel and accommodation, which will be recharged at cost.

7.     Price Change

LHS reserves the right to amend its Open Seminar and Training Price Lists at any time by giving not less than one month's notice. However such changes will not affect any confirmed bookings and the seminar fees quoted in those bookings.

8.     Seminar Content

The contents of each seminar are detailed in the Open Seminar descriptions or in the proposal. However, LHS reserves the right to adjust the syllabus of any seminar at its sole discretion and without notice. Changes deemed materially different will be notified to customers as soon as practical.

9.     Location

Open Seminars

Unless otherwise specified, all training seminars will be held at the LHS training facilities. Training can be held at a Customer's own premises or other location subject to separate prices, terms and conditions available upon request.

Corporate Seminars

The customer must advise LHS of the location to be used for training at the time of booking. Unless otherwise agreed in writing, the customer is wholly responsible for the provision of a suitable training environment, to include:

A room with a comfortable ambient temperature and no undue ambient noise, of a size suitable for the agreed class size.

Chairs and tables for the participants and trainer. Participants should be seated in rows facing the trainer, or in a U shaped configuration.

A server loaded with operating software, Oracle and the LHS product to be trained at release levels equivalent to that to be used in the customer's live operation, with a separate installation for each participant.

A PC for each participant loaded with the appropriate operating software and LHS product user applications, and any other client software agreed as necessary to support the course. Each PC to be networked to the server, with one spare network connection for the trainer's PC.

Testing of the technical infrastructure before training starts, and technical support for the duration of the course(s).

Meeting all applicable safety legislation with regard to the equipment and environment.

Providing safety information that must be given by the trainer to the participants, e.g. the location of fire exits and assembly points.

All necessary items as described in the technical Installation Terms & Requirements of the proposal.

Note:

LHS Training & Education Department gladly offers advice prior to the seminar. Please contact us to help you with further details. The cost for any preparation will be charged separately based on time and material and the amount of effort involved. Restrictions during the seminar caused by an inadequate training facility, missing data or functionality of the used database is not part of the responsibility of LHS and will not reduce any charges.

10.    Seminar Times

Unless otherwise notified, seminars will start at 9:00 AM and conclude at 4:30 PM. There will be refreshment breaks during the morning and afternoon, and a break for lunch.

11.    Public Training

Open Seminars

Unless otherwise agreed in writing, training seminars are considered to be open to participants from any organization. Seminars can be arranged subject to a minimum charge equivalent to six (6) participants.

Corporate Seminars

The training seminars delivered on the customer's premises are open only to participants nominated by the customer, but will use LHS standard seminar materials and syllabus. Closed seminars can be tailored to the Customer's requirements subject to additional charges.

12.    Customer Responsibility

Open Seminars and Corporate Seminars

The Customer is responsible for ensuring that:

Participants possess the prerequisite training, knowledge, and skills required for the seminar.

Participants do not disclose provide or make available to any person other than the Customer's own personnel any software, documentation or copies thereof in whole or in part acquired during the seminar, without the permission of LHS.

Participants do not copy in whole or in part any materials acquired during the seminar except under the supervision of, and in accordance with, the instructions of LHS personnel.

Participants do not remove from LHS premises any materials other than program materials written by the participant, seminar notes and LHS seminar materials given to the participant for their retention.

Specifically for Open Seminars

Participants will make themselves aware of and adhere to the policies and procedures of LHS, which relate specifically to security, health and safety and emergencies. This information is displayed prominently in the training center. Participants are made aware of the above requirements.

13.    Participant Performance

LHS can assume no responsibility for the performance of any participant after the seminar attendance. LHS reserves the right to terminate the training seminar for any attendee it feels is unfit to attend. Any participant who disrupts the training, or exhibits racist or sexist behavior, or any other form of abuse, verbal, actual, perceived or otherwise will be removed from the seminar. The Customer will not be entitled to any credit or reimbursement with respect to seminar fees paid or due in these respects. LHS reserves the right to refuse bookings for or admission to subsequent seminars to participants who have disrupted training seminars.

14. Examination and Certification

For Seminars which are offering an examination and certification of the Participants, the rules for conducting the examination and the criteria for receiving a certification will be defined separately by LHS in the Certification Policies and Procedures. The Certification Policies and Procedures will be made available to the Participants during registration, before conducting the Seminar/the examination.

15.    Seminar Cancellation

Open and Corporate Seminars

LHS reserves the right to cancel any seminar or individual confirmed enrollment by informing the customer not less than ten (10) working days prior to the scheduled start of the seminar. If, where notice has not been given, LHS is unable to start or continue a seminar as scheduled due to illness or unavoidable absence of the LHS instructor, or any other reason beyond LHS’s reasonable control, LHS will attempt to remedy the situation within a reasonable time but will not be liable for failure to do so. Any seminar fees paid will be reimbursed or credited for future seminars by mutual agreement.

16.    Copyright

LHS provides training materials for the exclusive use of the purchaser and named participants. For LHS Interactive e-Training seminars the access to the e-Training tool and training materials are provided for the exclusive use of the registered participant. All rights in such material and seminars are reserved. Copyright and Intellectual Property Rights of such seminars and materials remains with LHS. The Customer has no right to reproduce any training materials provided under these terms and conditions. The Customer can license the use of LHS training materials subject to separate prices, terms and conditions that are available upon request.

17.    Exclusions

No warranty, condition, undertaking or term, express or implied, statutory or otherwise as to the condition, quality, performance, merchantability or fitness for purpose of the Training Services provided hereunder is given or assumed by LHS.

18.    Severability

If any part of this agreement is determined by any court or tribunal or body of competent jurisdiction to be wholly or partially unenforceable for any reason, such part shall be separated from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.

19.    Consequential Loss

Notwithstanding any other provisions of these Terms and Conditions in no event shall either party hereto be liable for any indirect or consequential loss of whatever nature, howsoever caused. This limitation of liability shall not apply to damages caused by willful misconduct or gross negligence by a party's representatives or employees, nor to claims arising from injury of life, body or physical health. In cases of slight negligence, the liability shall be limited to damages typically caused by such breach.

20.    Waiver

The failure of either party at any time to enforce any provision of this agreement shall in no way affect that party's rights thereafter to require complete performance by the other party hereto. The waiver of any breach of any provision may not be taken or held to be a waiver of any subsequent breach of any such provision or be a waiver of the provision itself. Any waiver to be effective must be in writing.

21.    Force Majeure

LHS shall not be liable for any loss or damage caused by delay or failure in performance of its obligations hereunder where the same is occasioned by any cause whatsoever that is beyond its reasonable control. Should such event occur LHS may suspend the services covered by this agreement without incurring any liability whatsoever for any loss or damage thereby occasioned.

22.    Governing Law

This Agreement shall be governed by German Law and the parties hereby submit to the jurisdiction of the German Courts.