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907 Educators providing Property courses

Wrexham Foyer

wrexham foyer

Denbighshire,

In this document the expression ‘we’ refers to, ClwydAlyn Housing Limited, Tir Tai Limited, PenArian Limited and Tai Elwy Limited, that provides housing and related services across North Wales. Each entity is the controller of its own personal data although data may be processed by other Group members on its behalf This privacy notice sets out how ClwydAlyn collects and uses information about you. Please read this privacy notice carefully to understand how we will use your personal information. If you have any questions or queries in relation to this privacy notice, you can contact our Data Protection Officer at: datacontroller@clwydalyn.co.uk 72 Ffordd William Morgan, St Asaph Business Park, St Asaph, Denbighshire, LL17 0JD 0800 1835757 (freephone from a landline) or 01745 536800 This privacy notice explains: What information we may collect about you How we use your information Contacting you Sharing your information Our legal basis for collecting, holding and using your information Security and storage of your information Your rights 1.What information we may collect about you The information we collect about you depends on why we are dealing with you. For example, if you make a housing application or become one of our tenants, we will need more information from you than if you are merely making an enquiry. We may collect the information about you in the following circumstances: If you call our Contact Centre When you call our contact centre we collect Calling Line Identification (CLI) information. We use this information to help improve its efficiency and effectiveness. We record calls for training and monitoring purposes. Additionally, our call handlers will make a record of your call in order to manage your query. We may need to share information with other organisations within or outside ClwydAlyn in order to respond to your call, for example so that we can organise maintenance or repairs or other support. We will usually tell you if it is necessary for us to pass information on to other organisations. If you email us Any email sent to us, including any attachments, may be monitored and used by us for reasons of security and for monitoring compliance with office policy. Email monitoring or blocking software may also be used. Please be aware that you have a responsibility to ensure that any email you send to us is within the bounds of the law. If you make a complaint to us When we receive a complaint from a person we make up a file containing the details of the complaint. This normally contains the identity of the complainant and any other individuals involved in the complaint. We will only use the personal information we collect to process the complaint and to check on the level of service we provide. If a complainant doesn’t want information identifying him or her to be disclosed to any person that the complaint is about, we will try to respect that. However, it may not be possible to handle a complaint on an anonymous basis. Similarly, where enquiries are submitted to us we will only use the information supplied to us to deal with the enquiry and any subsequent issues and to check on the level of service we provide. If you use our services We hold the details of the people who request and use our services so that we can provide these services and for other closely related purposes. For example, we use information about our service users to develop and improve our services and to make sure we are delivering services to different groups fairly. If you apply for housing or become a tenant, there is certain information that we require in order to process your application and manage your tenancy. If you do not provide us with this information, we will not be able to progress your application. When you visit our websites We automatically collect certain information when you visit one of our websites. Please see Use of Cookies below for more information about this. When you use our customer portal, you are able to view information held in our housing management system, including personal details, account statements, tenancy information, repair history and pay your rent / service charges. Please note that we use a third party provider, Verseone to support our customer portal. Information we receive from others We work closely with other organisations, such as local councils, police forces, voluntary sector organisations, other housing providers and our contractors, and we may receive information about you from them. If you visit our premises We may ask you to sign in and out if you visit staff or residents at our premises. Access is controlled for the purposes of building and occupant security. Access is recorded to assist with fire and other evacuation procedures. Furthermore, your image may be captured on CCTV to monitor and collect visual images for the purpose of security and the prevention and detection of crime. If you use our Wi-Fi or computer to access our IT systems, access and activity may be monitored to prevent misuse of Group property, according to our IS Corporate policies. Job applicants When individuals apply to work for us, we will only use the information they supply to us to process their application and to monitor recruitment statistics. Where we want to disclose information to a third party, for example where we want to take up a reference or obtain a ‘disclosure’ from the Criminal Records Bureau we will not do so without informing them beforehand unless the disclosure is required by law. Personal information about unsuccessful candidates will be held for 12 months after the recruitment exercise has been completed; it will then be destroyed or deleted. We retain de-personalised statistical information about applicants to help inform our recruitment activities, but no individuals are identifiable from that data. Once a person has taken up employment with us, we will compile a file relating to their employment. The information contained in this will be kept secure and will only be used for purposes directly relevant to that person’s employment. Once their employment with us has ended, we will retain the file in accordance with the requirements of our retention schedule and then delete it. If you are a member of one of our Boards, Committees or Panels We may ask for personal details for managing and statistical purposes. 2.How we use your information We process your personal information primarily in connection with managing our housing services. If you are a tenant, this includes managing your tenancy and dealing with any applications, queries or complaints that you make. Examples of how we use your information include: to confirm your identity to assess your suitability to access any of our services to manage your tenancy, care or support to ensure our properties are appropriately maintained and in accordance with legal obligations, such as periodic gas safety checks to notify you about important changes to our services to let you know about other relevant services, both ours and those of other parties whose products and services we have agreed should be made available to you (see the section below on 'Contacting you' for more information about this) to update and correct our records to carry out statistical and market analyses, including benchmarking exercises, to enable us to understand you better and improve our services, and in accordance with our operating Regulations to develop, test and improve our systems to ensure that content of our website is presented in the most effective manner for you and for your computer to administer our website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes to comply with other legal obligations, such as Health and Safety laws or safeguarding vulnerable people We may combine information we receive from other sources with information you give to us for the purposes set out above (depending on the types of information we receive). 3.Contacting you We will use your contact information to send you important information via letters, emails, text messages, or otherwise to telephone you. We may record telephone calls for security and training purposes. We may use the information we hold about you in order to provide you with information about our services which we feel may interest you. You can opt out of receiving marketing communications at any time, although please note that we will continue to send you important messages about your tenancy. If you have changed your mind about being contacted for marketing purposes, please contact our Customer Services Team on 0800 1835757 (freephone from a landline) or 01745 536800 to update your preferences. 4.Sharing your information We do not sell your information to any third party, but in certain limited circumstances we may disclose your personal information to: any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 736 of the UK Companies Act 1985; and/or other third parties in the following circumstances: if we are under a duty to disclose or share your personal data in order to comply with any legal obligation; in order to enforce or apply our terms and conditions and other agreements; to protect the rights, property, or safety of ClwydAlyn, our customers, or others; to investigate or prevent a crime. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction; to obtain any professional advice; and/or with your consent. 5.Our legal basis for collecting, holding and using your information Data protection law sets out various lawful legal bases (or ‘conditions’) which allow us to collect, hold and use your personal information: Where you have entered into a contract or contracts with us, we may need to use your information to provide you with our services. An example of this is where you have a tenancy with us. Where we are under a legal obligation which requires us to process your personal information. For example, notifications of Health and Safety incidents. We will sometimes use your personal information based upon your consent. We will always tell you where this is the case and ask you to agree before we process your information. An example of using your personal information with your consent is publishing your image as part of a photograph on our website. Finally, sometimes it is necessary to process your personal information for the purposes of our own legitimate interests. We will only do so where these interests are not overridden by the interests and fundamental rights or the freedoms of the individuals concerned. An example of this is when we may contact you about your experience of contacting our Customer Services Team or a recent repair to your property. Data protection law recognises certain "special categories" of personal information, which is information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic information, biometric information for uniquely identifying a person, information concerning health, and information concerning a person's sex life or sexual orientation. Information about criminal offences and records is placed in a similar category. These special categories of personal information are considered particularly sensitive and so we will only collect and use this information where you have given us your explicit consent or where we consider it necessary to do so. 6.Security and storage of your personal information The information about you that we collect may be transferred to, and stored at, a destination outside the European Economic Area (EEA). It may also be processed by staff operating outside the EEA who work for one of our suppliers. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy. We will generally keep personal information about you no longer than is needed for as per our Retention Policy. 7.Your rights You have the right to request from us access to your own personal information. This is sometimes known as a 'subject access request'. You also have the right to ask us not to process your personal data for direct marketing purposes. We will tell you if we intend to use your data for this purpose or if we intend to disclose your information to any third party for this purpose. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data or by contacting our Customer Services Team on 0800 1835757 (freephone from a landline) or 01745 536800. From 25 May 2018, you will have additional rights to request from us: That any inaccurate information we hold about you is corrected That your information is deleted That we stop using your personal information for certain purposes That your information is provided to you in a portable format That decisions about you are not made by wholly automated means Many of the rights listed above are limited to certain defined circumstances and we may not be able to comply with your request. We will tell you if this is the case. If you choose to make a request to us, we will aim to respond to you within one month. We will not charge a fee for dealing with your request.

St. Kevin's College

st. kevin's college

St Kevin’s College is an all boy’s secondary school under the trusteeship of the Edmund Rice Schools Trust and is located in the heart of the Ballygall community on Ballygall Road East, Finglas, Dublin 11 where it has served the community in education since 1967. The school currently has an enrolment of 528 students. We provide a wide range of subjects which are expertly taught by a team of highly dedicated teachers who work diligently both inside and outside the classroom. Our primary focus is on teaching & learning with emphasis on both high academic achievement and learning support. An average of 70% of our students proceed to third level with degree courses. Another 20% access further and higher education Our six care teams, which comprise of our Form Tutor’s for each class and the Year Head, report to our Student Services Support team. This ensures that all of our student’s welfare is catered for both in the academic and pastoral areas. We strive at all times to provide opportunities for our students which values the student’s personal, social, spiritual and academic development during their time in the school. Our dedicated teachers also encourage students to get involved in extracurricular activities such as our extended range of activities including sports, drama, debating, green school committee and much more. There is a book club for 5th and 6th years. There is also a library in the school. Our Literacy and Numeracy strategies focus on improving the student’s skills in both areas and this improves student participation in all subject areas. We also value partnership which is essential to a successful school. We believe in a working partnership between the school and the home and we have many initiatives to maintain and develop this partnership into the future. We also would like to encourage partnership within the wider community of Ballygall which will help enrich the learning experience for all parties including our students. St Kevin’s college has DEIS 2 status. The 8 DEIS Strands covering Attendance, Retention, Transitions, Examination Attainment, Literacy, Numeracy, Parental Engagement, Partnership with others while designed for target students are applied on a whole school basis and benefit all of our students. St. Kevin’s College:  Proven academic success Comprehensive range of subjects State-of-the-art IT facilities. St Kevin’s uses VSWare education platform which is available to parents. We also provide the Edmodo Virtual Learning Environment. Every student has a personalised account on each platform. 100Mbps high speed Broadband Wi-Fi access throughout the school. Supervised after school study Optional Transition Year Programme Homework Club Breakfast Club Canteen Facilities providing healthy lunches for all students. (Junior Cert 1, 2, & 3 students are not permitted to leave the school at lunchtime.) Book Rental Scheme Anti-bullying policy, procedures and charter Home School Community Liaison Coordinator Links with the Home There are several opportunities for parents to link with the college formally throughout the academic year: Parent/Teacher Meetings School Journal Login to your sons VSWare account. Login to your son’s Edmodo account. Assessment Reports. (E- Portal and post.) Information Evenings Parents’ Council Email and text message Home School Community Liaison Coordinator The college operates an open door policy where a parent can make an appointment to meet with a Year Head at any stage if they have concerns. The Principal and Deputy Principal are also available to meet with parents should the need arise. We focus on partnership with the parents and believe that a co-operative relationship between the college and home best fosters the development of the student. First Year Induction Moving to second level is a time of great change for young children and their families. Here in St. Kevin’s College we are mindful of this transition and the challenges it brings. We offer a comprehensive first year induction which includes a ‘phasing in’ programme. Our Home School Community Liaison coordinator has strong links with all our feeder primary schools. This induction programme supports students as they make the move to our college. It helps them to get to know their new surroundings, make new friends, meet their teachers and learn the rules in close contact with their Form Tutor and Year Head. Our aim is to make first years feel confident and happy coming to school each day. The college is reputed for its high level of pastoral care which supports students in achieving their best. For students who experience small difficulties integrating in First year we offer them the Transition programme which helps them cope with the change. We provide a course for all students and their parents on Cyber bullying and internet/social media safety. Book Rental Scheme The college operates a very popular book loan scheme. This gives students the opportunity to rent most of their text books for a very reasonable charge. The books remain the property of the college and are always in excellent condition. Policies & Procedures The college operates policies that are fair and consistent, promoting equality for all and active participation in learning. These policies will be outlined to parents on information evenings and in the student journal. All policies are referred to Parents Council, Student Council and Staff prior to ratification by the Board of Management and publication. See policies here. School Canteen The school canteen delivers hot lunches, rolls and drinks and is an area for all students to have lunch. St. Kevin’s College promote healthy eating for students. Breakfast Club The student canteen also hosts a breakfast club before school serving cereals, tea and toast. Evening Study Students preparing for State Examinations are encouraged to attend supervised Evening Study held on four evenings per week. Extra–Curricular St Kevin’s aim to provide a wide of range of experiences to our students both inside and outside the classroom. We have a strong sporting tradition offering Gaelic football, Hurling, Basketball, Soccer, Rugby, Athletics to name just a few. We have a number of debating teams, a book club, Art installations at holiday times, Healthy eating/Keep fit “boot camps”. We run an annual international school tour and numerous day trips to reward students for excellence in subject areas. Our Transition Years go hillwalking and on many outdoor pursuit activities such as canoeing and sailing. We promote cultural activities whenever possible with students attending plays in the city’s theatres whenever possible both for subject related and general education purposes. Religion Our Mission Statement provides for education in the Catholic tradition although we accept students from all faiths and none. This provides for healthy and lively debate among our students during religion classes and contributes to the holistic development of all students. We hold religious services and Mass throughout the year led by our chaplain, Catriona Keegan, with contributions made by all students and staff. St Kevin’s college is a community which welcomes all our partners to participate in the spiritual life of the school

International Federation Of Surgical Colleges

international federation of surgical colleges

London

The International Federation of Surgical Colleges (IFSC) was founded in 1958 in Stockholm, Sweden, with the objective of speaking with a single voice for world surgery on problems of common interest. Founding members consisted of traditional colleges of surgery and surgical societies from the European continent. Official relations with the WHO started in 1960 and since then the IFSC has been a recognised non-state actor (NSA) in formal relations with the WHO. It is also in consultative status with the UN Economic and Social Council (ECOSOC) where it is in a position to advise the UN on surgical matters. The IFSC remains the only organisation representing surgeons that is in special relations with both the UN and the WHO. Over the years the IFSC regularly changed its goals and operational methods as surgical care delivery, education and training changed in world surgery. In 1992 the constitution was changed to focus primarily in supporting surgical expertise in low income countries and in 2003 the constitution was again revised to state the federation’s goal as “the advancement of surgery in developing [sic] countries, especially Africa, promoting education and training, and help with examinations”. In 2007 a Memorandum of Agreement was signed with the College of Surgeons of East, Central and Southern Africa (COSECSA) to support specific educational projects. Similar support has been extended in different formats to the West Africa College of Surgeons (WACS), basic surgical training in Sri Lanka and the Egyptian Surgical Society. About what we Did From 2010 to 2015, under the leadership of Mr Bob Lane, the IFSC has supported the design, ratification and delivery of courses in basic surgical skills, anastomosis workshops, management of surgical emergencies, surgical critical care and in research methodology to a few hundred surgical trainees, other junior doctors, nurses who work in surgery and associate clinicians, predominantly in sub-Saharan Africa, but also in Sri Lanka. Such courses were always developed and delivered on request from affiliated regional or local surgical organisations, and in consultation with ministries of health about local need. In order to easier manage the business of course delivery the IFSC was registered as a charity in England and Wales in 2011. Included in all training courses was Training of Trainers which was essential in order to create sustainability in surgical learning. Large numbers of senior surgeons joined in the teaching of trainees on our courses and were able to continue running courses independently thereafter, which is still happening in certain centres to this day. To support this process teaching material was handed over to local centres or made available electronically. In 2019 and 2021 online courses in research methodology were developed for surgical and anaesthesia trainees in COSECSA and the College of Anaesthetists of East, Central and Southern Africa (CANECSA) respectively, with guidance and support from the Royal College of Surgeons of Ireland (RCSI), a founding member of IFSC. About us, the WHO and Surgical Learning Over the years IFSC worked hard with likeminded groups to support WHO projects in emergency and essential surgery, such as contributing to the book Surgical Care at the District Hospital, the Alliance on Patient Safety, the Global Initiative for Emergency and Essential Surgical Care (GIEESC) and resolution 68.15 at WHA68 in 2015 on “Strengthening Emergency and Essential Surgical Care and Anaesthesia as a Component of Universal Health Coverage”. In 2020-2021 the IFSC contributed to the development of the Learning Strategy of the new WHO Academy with specific focus on improved global preparedness for health emergencies. Members of the IFSC’s executive board continue to play important roles in the Technical Experts Working Group for advising SADC countries on the implementation of National Surgery, Obstetrics and Anaesthesia Plans as part of Universal Health Coverage. In this process the IFSC actively contributes to implementing the WHO’s “3 Billion” Pillars of work for universal health coverage, better protection from health emergencies and people enjoying better health and wellbeing. The IFSC’s focus in delivering these goals remain in advocacy for global surgery, in supporting education and training in especially essential surgery in first level hospitals and in supporting research skills acquisition by all surgeons in especially low and middle income countries (LMICs). In this way IFSC is trying to contribute to the decolonisation of surgical education and research, and to stop the unethical flow of research data from the Global South to rich countries in the North. It has also become clear that the time for designing surgical training courses in rich Western countries (or any HICs) for delivery in LMICs has come to an end. There remains a vast learning need in surgery in the Global South but such learning is directed from surgical educational institutions and experts in LMICs. The IFSC’s role in supporting such learning needs is increasingly to provide and support individual experts from its member organisations who can help deliver or advise on such learning projects. The SARS-CoV 2 pandemic has made it possible to deliver much of such support virtually, saving the expenses and climate impact of frequent air travel. About our Vision As incoming president of IFSC I have therefore stated three goals: To make IFSC more open and democratic, and more representative of surgeons in LMICs. It means reviewing the constitution, re-introducing a president’s council, changing membership criteria, and nomination and voting processes. To give this momentum, at the AGM a new Secretary-General and a new Chair of the Education and Research Committee were elected from Southern Africa institutions. The majority of surgeons in the world are not trained through traditional surgical colleges and IFSC membership should reflect this. Proposals for changes to IFSC structure and processes will be discussed by the Executive Board (EB) in 2022 and presented at the 2022 AGM for a vote. To play our role in decolonising surgical education, training, research and care. It means discouraging the flow of teaching and training material developed in HICs to be taught in LMICs, and stopping the flow of research data and intellectual property from the Global South to rich institutions in the Global North. IFSC will, however, strongly support surgical learning programmes developed in LMICs, as requested, and continue to support our research methodology courses for trainees in COSECSA, CANECSA and elsewhere to help young surgeons and anaesthetists in LMICs have control of their own research data. To support planetary health. Human, animal, plant and climate health are all interlinked. As IFSC helps with training, ongoing learning and support for essential surgery, it is important that such progress does not come at an unnecessary cost to planetary health. This also means being aware of and speaking out about unnecessary planetary health costs of luxury surgical care in high income environments. For this goal IFSC depends on advice from experts outside our organisation. All the above mean that IFSC needs to work differently to support the role of surgeons and surgery in the world, and encourage members not to think in surgical silos, but consider how we can work with other organisations in global surgery and related groups in e.g. anaesthesia, gynaecology and with other expertise, in order to advance surgical care for patients who are most in need. Although membership of IFSC is through surgical colleges and societies, we hope that those colleagues who read this piece will be encouraged to support the work of IFSC through their respective surgical organisations.

Native English

native english

This website is operated by Joshua Levy t/a Native English UK. Throughout the site, the terms “we”, “us” and “our” refer to Joshua Levy t/a Native English UK, the abbreviation t/a stands for trading as, as permitted under sole trader licence from the United Kingdom’s HMRC (Her Majesty’s Customs and Revenue). Joshua Levy t/a Native English UK offers this website, including all information, tools and services available from this site to you, the user, the client, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. The education service delivery and jurisdiction are carried out online or offline from the United Kingdom, Russian Federation and other applicable countries. Nevertheless, by entering contract for our services, you hereby agree to abide by the terms as set out below. Kindly read it carefully. By visiting our site and/ or purchasing any product or service from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. SECTION 1 – ONLINE EDUCATION TERMS By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your education services, our contract, effective immediately. SECTION 2 – GENERAL CONDITIONS I/We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. Additionally, the personal information provided may be used for data analysis for better user experience. Nevertheless, your information will not be passed on to third parties for marketing or data collection purposes. This is only for our internal use strictly. SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. If you are unsure of any information, kindly contact us as soon as possible SECTION 4 – MODIFICATIONS TO THE EDUCATION SERVICES AND PRICES Prices for our products are subject to change without notice. Additionally, prices for education delivery are in multi-currency and can change at any time based on exchange rate, region being served and other unforeseen factors. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. The price or any service provided to you can be on bespoke basis and is valid for your use and our contractual agreement, unless otherwise specified. SECTION 5 – EDUCATION RELATED PRODUCTS OR SERVICES (if applicable) We have made every effort to display as accurately as possible the colours and images of our products that appear on our website. We cannot guarantee that your computer monitor’s display of any colour will be accurate. We reserve the right, but are not obligated, to limit the provision of our product or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. SECTION 6 – EDUCATION SERVICES TERMS, RIGHTS AND OBLIGATIONS By continuing to accept our education service, which are comprised of provision of education materials, not only contained on this website but related to your classes, you hereby agree to abide by the below terms and conditions, inclusive of additional terms of service as laid out above and below the page. 6a. The educator will make “best effort” and provide appropriate motivation for the pupil, to learn the language effectively. The educator in addition, will provide all necessary materials for effective learning. 6b. The materials provided might be bespoke or prepared by us at Native English UK or provisioned by third parties for your personal education use only. You are not authorised or disseminate, distribute or upload copyrighted material to any other platform online or offline or make any part of the content available to the general public. These materials are only for your personal use and are strictly provided only for that reason only. 6c. For effective learning, the effort must be joint and equal by the pupil and educator, in this regard the pupil needs to be make best effort and display appropriate motivation to be complete the assigned tasks, maintain effectiveness of being on-time for lessons as agreed. Additionally, this is to also acknowledge, education and learning process is joint effort between the educator and the pupil, and not supposed to be in anyway intended to be taken as one-way effort, obligation or motivation. 6d. In case of cancellation of lessons or service agreement, the pupil must notify the educator in reasonable time. By reasonable time, the generally acceptable time is 12 hours or more. Unless there is emergency whereby, exceptions can be granted. This is to ensure; the educator has sufficient time to re-arrange the lesson or amend timetable or services. This is especially important when considering online education delivery, as some places might have difficult field conditions or booking, reservation restrictions. 6e. In case of “no show”, “sudden cancellation” without valid or appropriate explanation, we reserve the right to apply lesson penalties by charging payment percentage amount for the lesson for compensating the educator’s time and effort in preparing the lesson time, place and materials. In case of “no show” the fees are non-refundable and can constitute violation and termination of our service provision or contractual agreement between us. 6f. Pupil also hereby agrees to behave respectfully, appropriately towards the education, refrain from using unsociable, unparliamentary language, or make use of offensive language towards the educator SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION We reserve the right to refuse any product or service, you place with us, without explanation. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Considering we are an international language school, our prices are in multi-currency and every attempt will be made to bill the client in local currency, nevertheless, even if the amount is billed in a currency other than billed, the transaction value will remain the same. For more detail, please contact us SECTION 8 – OPTIONAL TOOLS We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. SECTION 9 – THIRD-PARTY LINKS Certain content, products and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. SECTION 10 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. SECTION 11 – PERSONAL INFORMATION Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy. SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. SECTION 13 – PROHIBITED USES In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Joshua Levy t/a Native English UK, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. SECTION 15 – INDEMNIFICATION You agree to indemnify, defend and hold harmless Joshua Levy t/a Native English UK and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. SECTION 16 – SEVERABILITY In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. SECTION 17 – TERMINATION The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). SECTION 18 – ENTIRE AGREEMENT The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. SECTION 19 – GOVERNING LAW These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of London, England & Wales, United Kingdom. SECTION 20 – CHANGES TO TERMS OF SERVICE You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Moderntronics

moderntronics

Harrow,

In these terms and conditions (“Conditions”) the following expressions shall have the following meanings: “Business Day” means any day other than Saturday, Sunday or a public holiday. “Business Hours” means the hours detailed in Condition 32 below. “Contact Hours” means Monday to Friday (inclusive) from 07:00 hours to 17:00 hours but excluding bank holidays. “Contract” means any contract between MT and the Customer for the supply of Hardware and/or Software (with the associated Licence) and/or services which is subject to these Conditions. “Customer” means any person, firm or company who enters into a Contract with MT to which these Conditions apply. “Force Majeure” means any event outside the reasonable control of either Party affecting its ability to perform any of its obligations (other than as to payment) under these Conditions. “Goods” means all or any tangible or intangible goods or intellectual property including but not limited to Hardware and Software which are provided to a Customer in accordance with these Conditions. “Hardware” means any hardware provided by MT to the Customer. “MT” means MODERNTRONICS Ltd. or its servants and agents as the case may be. “Insolvency Event” means any one of the following in relation to the Customer: (i) a notice being issued to propose a resolution for winding up or dissolution, or such a resolution being passed; (ii) a petition for a winding up or an administration or bankruptcy order being presented, or such an order made; (iii)any steps being taken with a view to a voluntary arrangement or other assignment, composition or arrangement with all or any creditors or any moratorium, readjustment, rescheduling, forgiveness or deferral of all or any indebtedness; (iv) suspension of payments to all or any creditors and/or ceasing business; (v)an encumbrancer taking possession of all or any assets; (vi) an administrator or receiver being appointed over the Customer or all or any of its assets; (vii)any action anywhere similar or analogous to any of the foregoing; or MT reasonably believing that any of the foregoing is imminent. “Licence” has the meaning attributed to it in Condition 23 below. “Minimum Term” means the term set out in Condition 17 below. “Party” means MT or the Customer and “Parties” means both of them. “Response Time” means two Working Hours from an initial call to the hotline under Condition 26 or 28 below. “Seminar” means any seminar provided by MT. “Service Operator” has the meaning given to that term in Condition 28 below. “Site” means https://www.moderntronics.com and all subdomains including (but without limitation) “Software” means software or software updates or upgrades provided by MT and licensed to the Customer under Condition 23 below. “Training Sessions” means any training session provided by MT. “Working Hours” means the hours between 9:00 to 17:00 on any Business Day 2. Interpretation In these Conditions, the following rules apply: A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality). A reference to a Party includes its personal representatives, successors or permitted assigns. A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted. Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms. A reference to writing or written includes faxes and e-mails. 3. General Information These Conditions apply when MT: sells and delivers Hardware; sells and delivers Licences; sells and delivers Software; or provides repairs or any other services to the Customer. They will also apply to other business transactions unless MT agrees that alternative special conditions apply. These Conditions apply to the exclusion of any other conditions that may be proposed by a Customer or implied by law (insofar as such exclusion is lawful). Part II Specific Provisions for the Use of the Online Shop Customers purchasing Goods from the Site, must read all Parts of these Conditions, which apply to them in full. 4. Consumers The Goods and services provided by MT are designed only for sale to and use by businesses in the course of their business activities. MT does not knowingly sell to any person dealing as a consumer or supply anything for personal use. 5. Customer’s Status By placing an order on the Site, the Customer warrants that he or she is: legally capable of entering into binding contracts and, where the Customer is an individual, that he or she is at least 18 years old; and is dealing in a business capacity and purchasing Goods and/or services for the purpose of his business and not for personal use. Part III General Conditions for the Provision of Goods and Services 6. Formation of Contract Quotations provided by MT to the Customer are not binding on MT. The Customer’s order constitutes an offer to MT to buy the Goods or services. All orders are subject to acceptance by MT. The offer will be deemed accepted, and a Contract formed, when MT sends the Customer confirmation that the Goods have been dispatched (“Dispatch Confirmation”) or, in the absence of a Dispatch Confirmation, when the Goods are delivered. The Contract will only relate to those Goods whose dispatch is confirmed to the Customer by a Dispatch Confirmation or if no Dispatch Confirmation is sent, those Goods which are actually dispatched. MT is not obliged to supply any Goods which may have been part of the Customer’s order until the dispatch of such Goods has been confirmed in a separate Dispatch Confirmation. Subject to Condition 17 below, an order for services will be deemed to have been accepted, and a Contract formed, when MT sends the Customer confirmation that the services ordered will be provided (“Service Confirmation”) or, in the absence of a Service Confirmation, when the services begin to be provided. Oral representations will only be binding upon MT if they are expressly confirmed in writing by MT to the Customer. 7. Price Unless MT expressly specifies prices to the Customer, MT’s current list of prices applicable at the time of the acknowledgement of order will apply. Unless otherwise agreed in writing, all prices are exclusive of value added tax, postage, freight, insurance, forwarding fees, installation and commissioning, travelling expenses and subsistence, which will be added as appropriate. MT will charge overtime for work outside of their normal Business Hours at up to 150% of the hourly rate from time to time applicable during Business Hours. Subject to Condition 16 below, prices are liable to change at any time, but changes will not affect orders in respect of which MT has already sent the Customer a Dispatch Confirmation or a Service Confirmation as the case may be. The Site contains a large number of products and it is always possible that, despite MT’s efforts, some of the products listed may be incorrectly priced. MT will normally verify prices as part of dispatch procedures so that, where a product’s correct price is less than our stated price, MT will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our site, MT will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. MT is under no obligation to provide any Goods or services to the Customer at an incorrect (lower) price, even after MT has sent a Dispatch Confirmation or a Service Confirmation in relation to those Goods or services if such incorrect price could reasonably have been expected to be recognised by the Customer as an error. 8. Delivery and Availability The Customer’s order for Goods will be fulfilled by the delivery date in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date the Customer made his order (where such an order leads to a Contract). The period for delivery or performance of the Contract will normally commence on MT’s acknowledgement of the order. However, if the Customer is required to do anything before MT can effect delivery, MT will, as soon as practicable, notify the Customer accordingly. The time within which MT must deliver any Goods will run from the date on which MT receives notice from the Customer that it has duly complied with such notification from MT. Unless otherwise agreed in writing, any periods mentioned in the acknowledgement of order for services and Software development are based on a preliminary estimate of the required workload and therefore are approximate only. Time of delivery and performance is not of the essence. If MT fails to meet any delivery or performance dates set out in the acknowledgement of order and is solely responsible for such failure, the Customer may terminate the Contract but only after MT has been given an opportunity to rectify the situation and subsequently fails to meet the revised set of delivery or performance dates provided by MT to the Customer in writing. Unless MT has been deliberately or grossly negligent, all further claims of the Customer on the basis of the delay in performance are excluded. If MT cannot deliver or perform its obligations under the Contract due to Force Majeure or a failure of the Customer to cooperate or any other act, default or omission of the Customer, then MT will be entitled to perform its obligations under the Contract once the issue has been resolved, provided the issue occurred while MT was still allowed to deliver or perform and MT shall have no liability whatsoever for any delay or its failure to perform its obligations. 9. Agreed Performance Unless specified otherwise in writing, the agreed performance in respect of any repairs provided by MT, at the Customer’s request will be to adjust the relevant unit(s) to MT’s applicable standard specifications for that unit. Where the relevant unit(s) cannot be repaired to MT’s applicable standard specification due to the Customer limiting the repairs required or the time and money to be invested MT may exceed the Customer’s request if MT considers, at its sole discretion, that such additional repairs are reasonable and will ensure the proper functionality of the unit in question. The agreed performance levels for MT’s maintenance and care services are as set out in Conditions 26 and 28 below; for all other services the agreed performance levels will be as set out in the acknowledgement of order. 10. Refunds Where the Customer returns Goods (at the Customer’s cost) because he or she claims that the Goods are defective, MT will examine the returned Goods and will notify the Customer of its findings within a reasonable period of time. If MT (in its sole discretion) deems that the Goods are defective, MT may at its option repair, replace or provide a refund in respect of such defective Goods. MT will process any repair, replacement or refund as soon as practicable and, in the case of any refund, within 30 days of the day MT confirmed to the Customer that the Customer was entitled to the same. Such refunds will be made in full, including a refund of any delivery charges for sending the item to the Customer. 11. Import Duty If the Customer orders Goods for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. The Customer will be responsible for payment of any such import duties and taxes. Please note that MT has no control over these charges and cannot predict their amount. Customers should contact their local customs office for further information before placing an order. Customers must comply with all applicable laws and regulations of the country for which the Goods are destined. The Customer will indemnify and keep indemnified MT in respect of all costs, proceedings, losses and liabilities resulting from any breach by the Customer of any such laws. 12. Retention of Title to Property The Goods will be at the Customer’s risk from the time of delivery. Property in and title to all Goods will remain with MT until MT has received payment for the full price of all the Goods (and/or all other goods and/or services supplied by MT to the Customer under any other contract whatsoever).. The Customer may sell or use Goods in which title is retained during the course of their normal business, but may not give such Goods by way of pledge or pledge these Goods as security. Until the property in and title to the Goods passes to the Customer: the Customer shall keep the Goods properly stored, protected and insured and separate from all or any other goods whether belonging to MT, the Customer or any third party; MT shall be entitled at any time forthwith to revoke the Customer’s power to deal with the Goods; and such power shall automatically cease if an Insolvency Event shall occur in respect of the Customer; and the Customer shall not make any modification to the Goods, the Software or their packaging or alter, remove or tamper with any marks, numbers or other means of identification used on or in relation to the Goods. Upon termination of the Customer’s power to deal with the Goods, the Customer shall place the Goods at the disposal of MT and MT are hereby irrevocably authorised without the need for consent of any third party but using only such force as may be necessary, to enter upon any premises of the Customer or any third party for the purpose of removing the Goods. If third parties claim title to Goods with retained title, the Customer will inform MT without delay, will notify the person making the claim of MT’s title and will support MT in enforcing its rights, including taking all the necessary steps required to preserve MT’s rights, including commencing litigation at the Customer’s own expense. If the Customer breaches the Contract, e. g. by delaying payment, the Customer will be obliged to return the Goods with retained title if requested by MT, in return for which MT will not terminate the Contract. 13. Payment Where services, maintenance or care are provided on an ongoing basis, MT will invoice the Customer for these at the beginning of the billing period or as soon as reasonably practicable thereafter. The Customer will pay MT’s invoices in full within 30 days from the date of the relevant invoice. Depending on the scope of an order, payments for such services, maintenance or care are due either upon placement of the order by the Customer or upon partial delivery of the same of between 40 to 50% of their respective order value. BACS or cheque are the only methods of payment accepted. Invoices for Seminars and Training Sessions will be issued at the beginning of the respective session and payment is due immediately and without deduction. 14. Delay of Payment Where a Customer fails to pay an invoice by the due date, MT will be entitled to charge the Customer interest on all monies outstanding from the due date until the actual date of payment (both before and after judgment) at a rate of 8% above the base rate of the Bank of England calculated on a daily basis. 15. Setting-Off and Refusal of Payment The Customer cannot exercise any right of set-off in respect of amounts owed to or by MT. 16. Change of Pricing by MT for Ongoing Maintenance or Care MT may increase its prices for maintenance and services by giving the Customer written notice 2 months prior to the end of the Minimum Term. The Customer has 4 weeks from the date of receipt of the written notice from MT to object to the change. Where the Customer so objects, the Customer will be entitled to give notice to MT to terminate the Contract as of the date of the proposed price increase. 17. Automatic Extension of Contract Where services, maintenance or care are performed on an ongoing basis the Contract will come into effect upon acceptance by MT of the first order from the Customer for Software maintenance. The Contract will initially run until the date specified at “Minimum Service Duration” as set out in the “MT Service Product List” or until the expiry date where an expiry date is stipulated in the Contract (“Minimum Term”). Subject to one of the Parties serving written notice of termination on the other at least three months prior to the expiry of the Minimum Term, the Contract will be extended automatically. In the case of Software Licences supplied without a time limit, the Contract will extend until December 31st of the current year. The subsequent extension periods will begin on January 1st and end on December 31st of the respective year. In the case of Software Licences supplied with limited validity (e.g. a licence for 1-year) the extension is based on the terms and conditions set out in the description of the respective licence (e.g. extension by one further year). Unless otherwise agreed in writing, any extension to a Contract will be on the basis of MT’s current price list as at the date of such extension. 18. Delivery Obligations and Shipping The conditions for EXW (ex works) (MT’s premises or such other place referred to in the relevant order) as set out in the Incoterms 2010 apply to delivery of any Goods. Claims for any transport damages and any replacement of damaged Goods, remain with the Customer who is responsible for adhering to the mode and period for the filing of any claims with carriers, shippers and insurers. 19. Scope of Warranty (Material Deficiencies and Deficiencies in Title) MT warrants that the Hardware is free from defects in workmanship and material as at the time of transfer of risk; and warrants that the Software does not contain any flaws which void or substantially reduce its value or suitability for the usual or contracted purpose. Where MT is not the author of the Software, MT does not warrant that such Software will run without interruptions or errors, nor that MT will be capable of resolving all Software errors, nor that the Customer will be capable of achieving all of the functions included in the Software in all of the combinations chosen by the Customer, nor that these will meet the Customer’s requirements. MT will only warrant the quality and/or durability of Goods if it has expressly agreed in writing with the Customer that it will do so. The warranty period is 1 year. Where MT is the author of the Software such Software is subject to MT’s standard warranty. 20. Obligation to Inspect and Serve Notice of Defects The Customer must inspect the Goods upon delivery or repair and must notify MT in writing of any failure by MT to meet the specification within 7 days of delivery or repair or (where the failure was not apparent on reasonable inspection) within a reasonable time being no more than 1 month after discovery of the failure. Where the Customer fails to provide such notice MT will have no liability under its warranty. 21. Liability Subject only to Condition 21 d), MT shall not be liable to the Customer in contract, tort (including without limitation negligence) and/or breach of statutory duty for any loss or damage which the Customer may suffer by reason of any act, omission, neglect or default (including negligence) in the performance of the Contract by MT, its servants or agents, in a sum which is greater than GBP 200,000 per incident or series of connected incidents. Subject only to Condition 21 d), MT shall not be liable to the Customer whether in contract or tort (including without limitation negligence and/or breach of statutory duty) for indirect loss of any kind resulting from these Conditions, its performance or any breach of its terms. Subject only to Condition 21 d), MT shall not be liable to the Customer whether in contract or tort (including without limitation negligence and/or breach of statutory duty) for indirect economic loss of any kind including (but without limitation) loss of business opportunity, reputation, goodwill resulting from these Conditions, its performance or any breach of its conditions. Notwithstanding any other provision herein, nothing in these Conditions shall operate so as to limit or exclude MT’s non-excludable liability in respect of death or personal injury caused by the negligence of MT to exclude the application of Section 12 of the Sale of Goods Act 1979 and to exclude liability for fraudulent misrepresentation. MT’s liability for loss of data is limited to the effort required to restore the data from proper backups provided by the Customer. 22. Third Party Rights If any third party claims or takes action against the Customer, because Goods delivered by MT, or their use in accordance with the instructions provided by MT, purportedly violate their commercial rights or proprietary rights, then the Customer will inform MT of the same. MT agrees that they will assist the Customer in defending such claims. Where the claim is made to the Customer within 12 months of the date of delivery, MT will indemnify the Customer against claims provided that the Customer: appoints MT to defend the claims or to settle the dispute, and promptly notifies MT of any such claim, keeps the Customer informed of all information received and provides such reasonable assistance to MT as it shall reasonably require, does not defend the action itself without coordinating such defence with MT, and does not at any time admit liability or otherwise settle or compromise or attempt to settle or compromise the said claim or action except upon the express instruction of MT, the alleged breach of rights is not based on alteration of the delivered item used by the Customer, and does not use the item delivered by MT in conjunction with other items and/or in a fashion that breaches any such rights, in a situation where the use of the item as delivered by MT would not have breached the rights of the person who has filed the claim. MT may at any time and at its own expense acquire on behalf of the Customer the right to continue to use the Goods, to replace the Goods or alter them in such a fashion that the rights of others are no longer breached. If this is not possible, the Customer shall return or destroy the Goods if required to do so by MT who will reimburse the purchasing price for the Goods less depreciation. If the Customer refuses to do so, MT will no longer defend the claim or provide the Customer with any further support. The Customer has no further rights in case of disputes over proprietary rights with third parties and MT shall have no liability therefore unless MT could be blamed for acting deliberately or with gross negligence. Part IV Special Conditions for Delivery of Software 23. Conditions of Use for Delivered Software In the case of delivery of Software to the Customer, MT hereby grants the Customer a simple, non exclusive and non-transferable, licence to use the Software (“Licence”) . The validity of the Licence is not time limited, unless otherwise specified to the contrary in the terms and conditions of the Licence. MT, grants the Customer the use of such Software in the form of the object code and the user documentation with the use being restricted to one electronic data processing system at any one time and only for the tasks for which it is intended. Unless permitted by law, the Customer will not decompile the Software or perform reverse engineering. The Customer may duplicate the Software but only to the extent that this is required for the permitted use, and in order to allow it to perform data backup. Upon delivery of any Software, including updates and upgrades, the Customer will immediately produce a backup copy. MT may terminate the Licence granted to the Customer pursuant to this Condition 23 with immediate effect if the Customer is in breach of the conditions for the use of the Software for a period of 30 days from the date of a written notice of such a breach from MT or any third party. On termination of this Contract howsoever arising, the Customer will return to MT within 30 days all Software together with any related materials owned and licensed by MT and shall delete all copies and partial copies of the Software however stored within 7 days of service of the notice. Proof of such deletion must be provided to MT without delay. On receipt of prior written consent from MT, the Customer may retain a copy of the Software for the purposes of archiving. 24. Delivery of Software MT will only install the Software if this has been expressly agreed in writing between the Customer and MT. MT is able to provide telephone consultancy and support concerning questions relating to the application of the respective Software products as well as the solution of problems that may occur as provided for in Condition 26 below. 25. Prerequisites for Running the Delivered Software The proper running of Software systems supplied will only be guaranteed if the Hardware and operating system components used correspond to the reference systems of the respective manufacturer(s), as well as having been approved and certified. Unless otherwise agreed in the Contract, the Customer shall ensure that the provisions in this Condition 25 are complied with. Part VMaintenance and Care Application Software 26. Scope of Performance of MT Services for Application Software For the Software products, unless otherwise expressly agreed in writing, MT will provide the following services, denoted by Service Level “SW-Service STANDARD” and Service Level “SW-Service E-STANDARD”: Right to use Software and documentation updates: MT grants the Customer a non-transferable, non-exclusive Licence to use the Software and any documentation or updates. The right of use is not limited in validity, unless otherwise specified in the terms and conditions of the Licence. Software and documentation updates: MT will supply the Customer with the current version of the Software as specified in the Contract. This will be done as specified by the manufacturer of the Software. The documentation will be supplied in the form determined by the manufacturer of the Software. The installation of Software updates will be performed by suitably qualified personnel of the Customer. Alternatively for an additional charge, MT may install the Software updates on behalf of the Customer. Where the Customer has adapted the Software, the Customer will be liable for the additional cost of performing the same adaptation to the new version of the Software or alternatively the Customer may perform the necessary adaptation himself. Hotline (Service Level “SW-Service STANDARD” only) MT is able to provide consultancy and support by telephone or by e-mail in relation to queries relating to the application of the respective Software products as well as the resolution of any problems (in so far as it is reasonably practicable to do so) which may occur. This service will be provided by MT during the Contact Hours: Wherever possible, qualified consultancy will be provided by MT within the Response Time. E-mail Hotline (Service Level “SW-Service E-STANDARD” only) MT is able to provide e-mail consultancy and support in relation to queries relating to the application of the respective Software products as well as the resolution of any problems (in so far as it is reasonably practicable to do so) which may occur. This service will be provided by MT during the Contact Hours Wherever possible, qualified consultancy will be provided by MT within the Response Time. MT Hotline: E-mail: hotline@MT.com Internet: http://www.MT.com/customersupport Software error messages Where Software problems occur which MT is unable, for whatever reason, to resolve, the Customer may send a written error message to MT. The purpose of such an error message is to identify the error in the Software and enable the manufacturer to resolve the error. MT shall liaise with the manufacturer(s) of the Software products to resolve any Software errors as promptly as possible. Restoration of any data, regardless of the cause of the data loss, is not the responsibility of MT. 27. Obligation of the Customer to Co-operate Pre-conditions for the provision of the services by MT to the Customer are that the Customer has legally acquired the Software and holds a corresponding Licence to use it. In addition, the Software must be in the same condition that it was in when it was delivered. The services exclusively relate to the current release and delivered version of the Software. If earlier Software versions are used, a one-time update service which will be independently invoiced and paid for by the Customer will be provided to update the Software to the latest version. Services will not be performed for Software adaptations made by the Customer (for example including but not limited to macros, programs, variants, user interfaces and database applications). If the operating system for the Hardware is not included in the Contract, the Customer must update the operating system to the most recent version (e. g. by purchasing updates) if this is required in order to use the new versions of the application Software. Hardware and Operating Systems 28. Scope of Performance of MT Maintenance and Care Services for Hardware and Operating System For Hardware products and the operating system, unless otherwise agreed in writing, MT will provide the following services, denoted by Service Level “HW-Service SPECIAL”: The scope of performance is briefly set out in the “Special Description” for each product listed in the attached “MT Service Product List”. The exact scope of performance will be determined in accordance with the attached description of performance issued by the respective MT service operator (“Service Operator” including but not limited to Hewlett-Packard, Fujitsu Siemens and Silicon Graphics). The following shall also apply: Hotline MT is able to provide consultancy and support by telephone or by e-mail in relation to queries relating to the application of the respective Hardware products and operating system, as well as the resolution, (in so far as it is reasonably practicable to do so) of any problems which may occur. This service will be performed by MT during the Contact Hours: Wherever possible, qualified consultancy will be provided by MT within the Response Time. Where queries arise outside of the Contact Hours, the Customer should address such queries directly to MT’s Service Operator Response time for Hardware failures MT will use reasonable endeavours to solve a query within the Response Time. The Response Time shall be deemed to have been initiated either as soon as the customer service personnel arrives on the relevant site, or as soon as remote diagnosis is started, where either is required to resolve the problem. The appropriate Response Time will be determined in accordance with the attached description of performance issued by the respective MT Service Operator. 29. Services Not Included Unless otherwise agreed in writing, the following services will not be provided by MT to the Customer: a) Repair/re-acquisition of devices that have been damaged as a result of: incidents of war of any type civil wars, nuclear energy, deliberate action of the Customer (not of his subcontractors) b) Repair/re-acquisition that is required because of repair work or alterations of devices carried out by the Customer or any third party without the prior written consent of MT. c) Work required due to interface problems between MT’s devices and those of other manufacturers and suppliers. d) Customer service which is required because a product that is not covered under this Contract has caused an error. e) Customer service that has become necessary because devices have been used under adverse conditions (e.g. including contaminations and deviations from recommended room temperature and relative humidity) or in conjunction with accessories or (device-specific) consumables (e.g. including foreign disks, disk stacks, cassettes, printer paper and print heads of any type) (“Device Specific Consumables”) which do not meet the manufacturer’s specifications. f) Replacement of Device-Specific Consumables. g) Data backup. h) Calibration work that is not related to repair. 30. Restoration of Data/Programs The restoration of data and programs upon repair or replacement of a defective hard disk is limited to starting the copying program (Restore) used to restore the last full data backup. 31. Obligation of the Customer to Cooperate a) Hardware service Pre-conditions for the provision of Hardware services by MT are that the Hardware has been acquired legally and has been installed properly at the Customer’s site. In addition the Hardware affected must correspond to the current revision and be in proper condition when including in the Contract. These pre-conditions shall be met immediately after the expiry of the warranty period specified in the Contract. If the Hardware is included in the Contract at a later date, these pre-conditions must first be confirmed by a takeover inspection of the Hardware by MT, which will be independently invoiced and paid for by the Customer, and if required the pre-conditions will be achieved by MT undertaking the required repair work. b) Operating System Service Pre-conditions for the provision of operating system services are that the Customer has legally acquired the Software and has been granted the necessary corresponding Licence to use it. In addition the Software must be in the same condition as when it was delivered to the Customer. The services exclusively relate to the current release and version of the Software. If earlier Software versions are used, a one-time “Update Service” which will be independently invoiced and paid for by the Customer will be provided to update the Software to the latest version. Operating System services will not be provided for Software adaptations made by the Customer (for example including but not limited to macros, programs, variants, user interfaces and database applications). Part VI Generally Applicable Conditions 32. Prices and Fees for Special Services The following items are not included in the payment for services under Conditions 26 and 28 above and will be invoiced separately in accordance with MT’s current price list: Services performed outside Working Hours on the express request of the Customer. Services to correct errors caused negligently by the Customer or by any unauthorised third party as a result of improper treatment, unsuitable operating media, unauthorised manipulations, Software manipulations, non-adherence to operating conditions or otherwise. ices required due to faulty handling, excessive vibration, chemical influence, excessive dust burden or non-adherence to the properties set forth in the unit specifications. Unreasonable wait times and delays in the performance of services which are caused by the Customer. Services to remedy failures caused by Force Majeure. 33. Backup of Customer Data Prior to the commencement of any service work undertaken by MT, the Customer will backup all data in such a way that it may easily be restored by MT in the event that it is lost in the service process. 34. Change of Installation/Application Site Where maintenance and care services are provided on an ongoing basis by MT, the Customer will immediately inform MT in writing of any change to the installation or application address. If such a change results in an increase in MT’s expenses. MT reserves the right to either increase the prices charged to recover the additional expense incurred or alternatively MT may serve notice on the Customer to terminate the Contract where the new address is outside United Kingdom. 35. Miscellaneous Service Conditions and Obligations of the Customer to Co-operate MT may appoint authorised third parties to provide services. The Customer may only transfer title to services to third parties with the prior written consent of MT. Where defective components or devices are replaced by MT, these will become the property of MT. Extension of the products included in the maintenance agreement may be included in this Contract with the consent of the Customer. On request, MT will offer to the Customer a corresponding extension of the Contract, provided maintenance for the respective product is available. Where MT has to perform any services, the Customer shall accurately and without delay provide MT with any/all information that is required to perform such services. The Customer will provide MT with the name of a competent and appropriately qualified contact person and will provide the name of an appropriate substitute in order for the Hardware and Software to be maintained. Any contact(s) will have participated in the respective Seminars and/or Training Sessions held from time to time by MT or alternatively will have acquired comparable knowledge. These contacts will be available to MT’s technicians on site or will have access to the MT’s hotline as applicable. Consumables and Auxiliaries (which shall include documentation, application programs, data, telephone lines for transmission of voice and data) are not included in the scope of performance and shall be provided by the Customer in the vicinity of the system, such consumables and auxiliaries will be provided during Working Hours or, with prior consultation, outside of these hours. Additionally, the Customer will provide to MT computing time and consumables as required. 36. Specifically Ordered Service Days If service days are ordered for call-off within a specified period, such orders are binding. The services will become due for payment once they have been performed or by the end of the defined time period at the latest. Specifically ordered service days to be called off within a defined time period, can still be called off during a time of three months beyond the expiry of such defined time period. Thereafter they are lost. The claim to payment is thereby unaffected. For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.