50 Educators providing Courses

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billingshurst driver training

course gate

Welcome to Course Gate, your gateway to a world of knowledge and opportunity. We are a leading online learning marketplace dedicated to empowering individuals and organisations with the skills they need to succeed in today's dynamic and competitive environment. -------------------------------------------------------------------------------- Our Mission Our mission is to make education accessible and enjoyable for everyone. We want to help you discover your passion, expand your knowledge, and grow your confidence. Whether you want to learn a new language, master software, or develop a hobby, we have the right course for you.  -------------------------------------------------------------------------------- Our Vision  At Course Gate, we envision a future where education knows no boundaries. Our goal is to eliminate the traditional barriers of time, location, and accessibility, empowering learners from diverse backgrounds to unlock their full potential. Through our innovative approach, we aim to revolutionise the learning experience by making top-quality education accessible to everyone, regardless of their location. -------------------------------------------------------------------------------- Why Choose Course Gate? When you opt for Course Gate, you're choosing excellence, convenience, and an unparalleled learning experience. Here's why learners and organisations worldwide trust us: * Unmatched Quality: We meticulously curate our courses, collaborating with industry-leading experts to provide the highest-quality, relevant, and up-to-date content. * Flexible Learning: Our platform enables you to learn at your own pace, fitting into your schedule. Whether you're a full-time professional, a stay-at-home parent, or a busy student. * 24/7 Customer Support: Our dedicated customer support team is available to assist you whenever you need help. * Accreditation & Endorsement: CPD accredited & UKRLP registered course provider in the UK. * Affordability: We believe education should be accessible to all. Course Gate provides competitive pricing and discounts, ensuring that the cost never becomes a barrier to your personal and professional development. So, what are you waiting for? Join the thousands of learners who have already chosen Course Gate as their trusted learning partner and unlock your full potential. --------------------------------------------------------------------------------

qpp mips reporting in usa

Choosing the right quality measures is crucial for maximizing QPP MIPS [https://qppmips.com/] performance. Providers should select measures that align with their practice and patient population, ensuring they can achieve high performance rates. Regularly reviewing measure specifications and benchmarks can help identify opportunities for improvement. ENGAGING IN HIGH-VALUE IMPROVEMENT ACTIVITIES Engaging in high-value Improvement Activities can significantly boost MIPS scores. Providers should focus on activities that enhance patient care and operational efficiency, such as implementing care coordination programs, participating in patient safety initiatives, and utilizing patient feedback to drive quality improvements. OPTIMIZING COST MANAGEMENT Cost management is a critical aspect of MIPS performance. Providers should analyze their resource use and identify areas for cost reduction without compromising care quality. Implementing evidence-based practices, reducing unnecessary tests and procedures, and coordinating care effectively can help manage costs. ENHANCING PROMOTING INTEROPERABILITY PERFORMANCE To excel in the Promoting Interoperability category, providers must effectively use CEHRT to improve patient care Medical Reporting Services In USA [https://medicalreportingservices.mystrikingly.com/]. Key strategies include ensuring accurate and timely data entry, utilizing health information exchange capabilities, and engaging patients through patient portals and secure messaging. THE IMPACT OF MIPS ON HEALTHCARE PROVIDERS AND PATIENTS IMPROVING QUALITY OF CARE MIPS incentivizes providers to improve the quality of care through performance-based payment adjustments. By focusing on quality measures, healthcare providers can enhance patient outcomes, safety, and satisfaction General Surgery Medical Billing And Consulting Services [https://generalmedicalbillingconsultingservicesusa.wordpress.c]. 

john academy

John Academy is a leading eLearning provider based in the UK, committed to empowering individuals through high-quality online education. With a diverse range of courses spanning various disciplines, we offer flexible and accessible learning opportunities to learners worldwide.  Our expertly designed courses are delivered by industry professionals, ensuring practical relevance and skill enhancement. Whether you’re looking to advance your career, explore new interests, or develop personal growth, John Academy provides an immersive and engaging learning experience. Discover your potential with our user-friendly platform and unlock a world of knowledge at your fingertips.  Visit our website at johnacademy.co.uk [http://johnacademy.co.uk/] and embark on a transformative learning journey today.

rw consulting solutions ltd/ controlled events

Please read the terms and conditions of this agreement (the “Agreement” or “Terms” or “Terms of Service”) before logging into ECR Manager, Accreditation software or other systems provided by RW Consulting Solutions Limited (trading as Controlled Events). By completing the registration process, accessing the Service, using the Site or adding a log entry, you agree that you have read and understood these terms and conditions of this Agreement and you agree to be bound by them. We may periodically update these terms and conditions. Your continued use of this site will constitute your acceptance of any new or amended terms and conditions. 1. DEFINITIONS “Account” means access to the Service. “Agreement” means these customer Terms of Service and all materials referenced or linked. “Data” means all information that Customer adds or views on the log. “Documentation” means online user guides, documentation and help and training materials published by Controlled Events or accessible through the Service, as may be updated by Controlled Events from time to time. “Service” means our cloud-based application you have subscribed to and developed, operated and maintained by us. “Site” means www.controlledevents.com/log – known as ECR Manager “Third-Party Sites” means third-party websites linked from within the Service. “Users” means your employees, representatives, consultants, contractors or agents who are authorized to use the Service for your benefit and have unique user identifications and passwords for the Service. “You”, “your” or “Customer” means the person or entity using the Service and identified in the applicable registration process, billing statement, online subscription process or Order Form as the customer. 2. WHO WE ARE 2.1. www.controlledevents.com/log and the Controlled Events Service are provided by RW Consulting Solutions Limited (RWCS), a registered private limited company in England and Wales, which has its registered office at New Burlington House, 1075 Finchley Road, London NW11 0PU with Company Registration Number: 7493058 (collectively, “we”, “us”, “Controlled Events”). 3. DESCRIPTION OF THE SERVICE 3.1. The Service gathers and transfers log data to a cloud based system which is provided by a User of the Service. Customer who successfully subscribes will be given an Account to have its Data relating to an event, exercise or incident visualized, analyzed and stored. 3.2. Details of the Client’s service level (one off, retained, 24/7) and associated charges are provided at the point of purchase; any additional terms or conditions contained on those pages are incorporated into this Agreement by reference. 3.3. Additional functionality and services may be offered or provided by us from time to time and these will be described on the Site. 4. STORAGE SPACE AND USAGE LIMITS 4.1. Customer can upload a certain volume of log and document data, dependent on the Service level selected, which is referred to as the “Usage Limit.” Project admins can manage their Account by archiving logs no longer needed. 4.2. An email alert or alternative notification by Controlled Events will be provided when Customer is near or over its Usage Limit. 5. OUR CLOUD-BASED SOLUTION 5.1. Controlled Events will maintain commercially appropriate administrative, physical, and technical safeguards to protect Data. Controlled Events hosts and stores data on Amazon Web Services’ cloud platform and on other cloud platforms as necessary. The level of security provided in Amazon’s cloud platform is described in more detail on http://aws.amazon.com/security/. Our Data Protection and Cyber Security Manual is available upon request. 5.2. Controlled Events provides you with the option to encrypt the transmission of your Data. You acknowledge that it is your responsibility to encrypt the transmission of your Data should you wish to protect it. In the event you decide to transmit your Data unencrypted to the Service, You assume all related risks for doing so. Controlled Events will not be liable for any liabilities arising from your transmission of Data over the Internet or other network. 6. REGISTRATION 6.1. Upon registering for the Service, Users will have a username, password and email address associated with their account for password resets, which is Customer’s and its Users’ responsibility to keep secure and may not be shared with any other party. Customer agrees to immediately notify Controlled Events of any unauthorized use or any other breach of security or breach of this Agreement of which the Customer becomes aware. Controlled Events will not be liable for any loss or damage resulting from Customer’s failure to maintain proper security of its account or for unauthorized access to the Service. 7. CHARGES AND PAYMENT 7.1. Fees. The Service is made available to Customer at the price indicated in the accepted quotation. Fees are non-cancellable and non-refundable during the Term. Controlled Events reserves the right to change its price list and to institute new charges at any time, upon notice to You, which may be sent by email or posted on the Site. Your use of the Services following such notification constitutes your acceptance of any new or increased charges. Additional Charges may apply for additional services requested by Customer such as supporting data analysis of logs and usage or the transfer of data after closing the Account. Customer will be notified of services requiring additional Charges which have not been previously agreed upon before any such additional Charge will be applied. 7.2. Payment for Subscriptions is required to be paid in full at the beginning of each billing period by BACS transfer. If Controlled Events extends credit to Customer, all Charges must be paid within 30 days of issue of invoice. Payment of Charges for metered billing is required at the end of each month by credit or debit card and is based on the volume of Data uploaded and stored during the month. 7.3. In addition to the Charges, Customer must pay to Controlled Events, or to the relevant taxing authority, as appropriate, all applicable sales, use, goods and services, value added or other taxes payable under this Agreement (other than taxes levied or imposed on our income). In all cases, the amounts due under this Agreement will be paid by Customer to us in full without any right of set-off or deduction. 8. TRIAL ACCOUNTS 8.1. Customers who are provided with a free or trial Controlled Events Account or who are otherwise provided with any other promotional Controlled Events Service(s) for which they have not paid a Charge acknowledge and agree that such services are provided “as is” and so, to the fullest extent permitted by law, those services are provided without any warranties or representations whatsoever and the Customer agrees to avail of such services entirely at its own risk. 9. TERM AND TERMINATION 9.1. The subscription term shall begin on the effective date of your subscription and expire at the end of the period selected during the subscription process (“Subscription Term”). 9.2 The Subscription and Agreement will automatically renew at the published rates on a monthly, annual or otherwise mutually agreed upon period of time, unless one party notifies the other party in writing of its intent not to renew at least thirty (30) days in advance of the expiration of the Subscription Term. 9.3 Customer may terminate the Service at any time, however, fees are non-refundable except in the event of Controlled Events’ incured material breach as set forth below. 9.4. Either party may terminate this Agreement at any time, effective immediately, upon written notice to the other party, if such other party: (i) breaches any of its material obligations hereunder and fails to cure such breach within thirty (30) days of written notice thereof; (ii) becomes insolvent or has a receiver, administrator, liquidator or examiner appointed over all or part of its assets or (iii) becomes the subject of a resolution, petition or order for winding up or bankruptcy. We may terminate this Agreement if, at any time, we cease providing the Service. 9.5. On termination or expiry of this Agreement for any reason, Customer will remain liable to Controlled Events for any outstanding Charges owed, Customer’s rights under this Agreement will immediately terminate, You will lose all access to the Service, including access to Your account and to Your content, and We will delete Your content and the data stored in or as part of Your account. 9.6. Without limitation of the foregoing, we may suspend or terminate the Service without notice if Customer shall fail to pay any amounts when due, if the Services are used for other purposes including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Controlled Events Services, if the Services are used in a manner contrary to the law or the terms of this Agreement or if Controlled Events experiences unexpected technical or security issues. 9.7. Customer shall provide notice of termination of the Service to Controlled Events at support@controlledevent.com 10. ACCEPTABLE USAGE POLICY 10.1. The Controlled Events Acceptable Usage Policy prohibits the processing of data which are deemed by us in our sole discretion as being inappropriate or unlawful. We aim to ensure that we are not associated with any website content (including linked content) which is illegal, fraudulent, offensive, embarrassing, sexually explicit, obscene, threatening, defamatory or otherwise inappropriate. We prohibit the processing of data using the Service where the processing would breach the laws or rights of third parties and the Customer represents, warrants and undertakes to us that no such transactions will be processed via the Services. 10.2. Customer agrees not to use the Site or the Service or cause or permit the Site or the Service to be used: 10.2.1. so as to jeopardize or prejudice the operation, quality or integrity of the Site, the Service or the operation, quality or integrity of any telecommunications network; 10.2.2. for any commercial purpose including screen shots and copying feature information from the log, nor to go against the spirit of the log platform by sharing data outside of the agreed user base for the project; 10.2.3. to harvest or otherwise collect information about others, including e-mail addresses, without their consent; 10.2.4. to distribute, download, upload or transmit any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs; 10.2.5. contrary to the terms and conditions of any Internet Service Provider whose services you may use. 11. SERVICE AVAILABILITY AND CUSTOMER SUPPORT 11.1. The Service is available 24 hours a day, 7 days a week, except for: (a) planned downtime (of which Controlled Events shall endeavor to give at least 8 hours’ notice and which Controlled Events shall schedule to the extent practicable outside of any event or user peak times), or (b) any unavailability caused by circumstances beyond Controlled Events’ reasonable control, including without limitation, Internet and telecommunications service provider failures or delays, failures of independent service providers, or denial of service attacks. Customer support is provided through the online and email channels: support@controlledevents.com and 020 3286 6392 12. DISCLAIMERS; LIMITATION OF LIABILITY 12.1. The service including any software included in or provided as part of the software is provided on an “as is” and “as available” basis, and Controlled Events expressly disclaims any warranties and conditions of any kind, whether express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, title, accuracy, or non-infringement. without limiting the foregoing, Controlled Events does not warrant that the service will meet your specific requirements, that the service will be uninterrupted, timely, secure, or error-free, that the results that may be obtained from the use of the service will be complete, accurate, or reliable, that the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, or that any errors in the service will be corrected. 12.2. Although this site is accessible worldwide, not all products or services discussed or referenced herein are available to all persons or in all geographic locations. we reserve the right to limit, in our sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. any offer for any product or service made in or through this site is void where prohibited. 12.3 Because it is not possible to guarantee data security, you acknowledge unauthorized access to your data may occur and you agree in such event that any loss you may suffer is subject to the limitation of liability provisions of this agreement. under no circumstances will Controlled Events be liable in any way for any data, including, but not limited to, any errors or omissions in any data, or any loss or damage of any kind incurred in connection with use of or exposure to any data posted, emailed, accessed, transmitted, or otherwise made available via the service. 12.4. Notwithstanding anything to the contrary contained herein, Controlled Events’ liability to customer for any direct damages, losses, expenses and causes of action (whether in contract or tort) arising from or relating to the service (for any cause whatsoever and regardless of the form of the action) will at all times be limited to the amount you paid Controlled Events in the three (3) months immediately preceding the incident giving rise to the claim. 12.5. You expressly understand and agree that Controlled Events (including its affiliates, subsidiaries, officers, directors, employees, agents, partners, and licensors) shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if Controlled Events has been advised of the possibility of such damages. 13. DATA SECURITY 13.1. If Customer processes personal data using the Service, Customer shall comply with its obligations as a data controller and data processor under all applicable laws. 13.2. Customer is solely responsible for the lawful collection, delivery, obtaining of consents and use of all Data. All personal data and log data that we collect from you will be processed in accordance with Controlled Events’ Privacy Policy. You should review our Privacy Policy, which is incorporated into this Agreement by this reference and made a part hereof. Click here to read our Privacy Policy. 13.3. We do not have any obligation to review or scan any Customer data for any purpose, including without limitation for measuring quality, filtering content, or detecting the presence of malware. 14. INTELLECTUAL PROPERTY 14.1. Customers own their own log data. 14.2. Subject to this Agreement, Controlled Events grants Customer a non-exclusive, revocable, non-transferable, limited right to access and use the Service and the material displayed thereon. However, no right, title, or interest in any such materials will be granted or transferred to you as a result of any permitted use of such materials. 14.3. Customer hereby grants Controlled Events a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license: (a) to process and use their data for the purposes of delivering the Service to Customer; (b) to access the client’s project internally within Controlled Events for the purposes of improving, developing and marketing the Service; and (c) to disclose anonymized and/or aggregated versions of log data to third parties in connection with the development, improvement and marketing of the Service, provided that such anonymized or aggregated log data shall not identify Customer. This license continues after the termination of this Agreement. Controlled Events’ rights under the license in this Section may be exercised by Controlled Events’ officers and employees and by contractors engaged to provide services to Controlled Events. 14.4. All materials incorporated in or accessible through the Site or the Service, including, without limitation, text, photographs, images, graphics, illustrations, trademarks, service marks, logos, button icons, audio clips, video clips, software, and other content, and the compilation, collection, arrangement, and assembly thereof (including the look and feel of the Site and the Service), are protected by applicable national and international trademark and copyright laws, and are owned, controlled or licensed by Controlled Events, or by the original creators of such materials or their permitted licensors. Such materials may be used only for viewing the Site in the ordinary course or as a resource for purchasing the products offered through the Site. Any other use of such materials, including any copying, reproduction, modification, sale, distribution, extraction, re-utilization, transmission, republication, downloading, display, posting, performance, or other exploitation thereof by any means or medium without the prior written permission of the copyright owner is strictly prohibited. 14.5. Where any software is supplied by us for use by Customer on its computer(s), Controlled Events grants Customer a limited, personal, non-exclusive, non-transferable license to install and use the software for use solely for the purpose of enabling you to use the Service in the manner permitted by this Agreement and for no other purpose whatsoever. Customer may not copy, modify, distribute, sell, or lease any part of the Services or any software supplied in connection with the Services, nor may Customer reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission. To the extent that the Customer is provided with access to open source software in the course of receiving or using the Service, Customer shall be responsible for complying with the open source license associated with that open source software. 14.6. Except as expressly set forth herein, Controlled Events alone (and its licensors, where applicable) will retain all intellectual property rights relating to the Service or the Software or any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service and/or the Software, which are hereby assigned by You. Customer will not copy, distribute, reproduce or use any of the foregoing except as expressly permitted under this Agreement. 15. CONFIDENTIALITY 15.1. Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose information relating to the Disclosing Party’s technology or business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). The Receiving Party agrees: (i) not to divulge to any third person (except as set forth below) any such Proprietary Information, (ii) to give access to such Proprietary Information solely to those employees and third parties with a need to have access thereto for purposes of this Agreement, and (iii) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the party takes with its own proprietary information, but in no event will a party apply less than reasonable precautions to protect such Proprietary Information. 15.2. The Disclosing Party agrees that the foregoing will not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public without any action by, or involvement of, the Receiving Party, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. Customer acknowledges that Controlled Events does not wish to receive any Proprietary Information from Customer that is not necessary for Controlled Events to perform its obligations under this Agreement, and, unless the parties specifically agree otherwise, Controlled Events may reasonably presume that any unrelated information received from Customer is not confidential or Proprietary Information. Both Parties will have the right to disclose the existence but not the terms and conditions of this Agreement, unless such disclosure is approved in writing by both Parties prior to such disclosure, or is included in a filing required to be made by a Party with a governmental authority (provided such party will use reasonable efforts to obtain confidential treatment or a protective order) or is made on a confidential basis as reasonably necessary to potential investors or acquirers. 16. INDEMNIFICATION 16.1. Customer shall defend, indemnify, and hold harmless Controlled Events and each of its, and its affiliates, employees, contractors, directors, suppliers and representatives, from and against any liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, arising from or related to your Data, or Customer’s actions in connection with any unauthorised use of the Service, including any claim that such actions violate any applicable law or third party right. 16.2. Controlled Events will notify Customer in writing thirty (30) days of becoming aware of any such claim; give you sole control of the defence or settlement of such a claim; and provide you, at your expense, with any and all information and assistance reasonably requested by you to handle the defence or settlement of the claim. Customer shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without prior written consent. 17. CONTENT RESPONSIBILITY 17.1 You are solely responsible for a) Your content and Data (meaning Content You post or otherwise submit to the Site or Service), b) the accuracy, quality, and legality of Your content and of Your submissions, c) the means by which You acquired Your content, including ensuring that Your content and Your submissions do not infringe upon or violate the rights of any person, d) claims relating to Your content and Your submissions, and e) responding to any person claiming Your content and/or Your submissions violate such persons rights, including notices pursuant to the Data Protection Act and General Data Protection Regulations. 18. GENERAL 18.1. The headings to the clauses in this Agreement are for reference only and shall not affect the interpretation of this Agreement. 18.2. The waiver or failure of either party to exercise any right provided for herein shall not be deemed a waiver of any further right hereunder. 18.3. This Agreement shall not constitute any party, the legal representative, partner or agent of the other parties or any of them nor shall any party or any successor of any party have the right or authority to assume, create or incur any liability or obligation of any kind express or implied against or in the name of or on behalf of any other party. The parties hereto enter this Agreement as principals for and on their own behalf. 18.4. This Agreement or the benefit hereof may not be assigned by Customer in whole or in part without the prior written consent of Controlled Events. Customer may not re-sell or make available the Services to any third parties. Controlled Events may assign this Agreement to any purchaser of, or successor in interest to, the Controlled Events business. 18.5 Except for failure to make payments when due, neither party shall be liable to the other by reason of any failure in performance of this Agreement by either party if the failure arises out of any cause beyond the reasonable control of that party, including, but not limited to, the unavailability or faulty performance of communication networks or energy sources, any act of God, any act or omission of governmental or other competent authority, fires, strikes, industrial dispute, riots, war, inability to obtain materials, embargo, refusal of license, theft, destruction, denial of service (DoS) attacks, unauthorized access to computer systems or records, programs, equipment, data, or services. 18.6. You grant us the right to add your name and company logo to our customer list and website. 18.7. This Agreement represents the entirety of the understanding of the parties concerning the subject matter hereof and overrides and supersedes all prior promises, representations, undertakings, understandings, arrangements, agreements, side letters or heads of agreement concerning the same which are hereby revoked by mutual consent of the parties. The Customer is not relying on any warranties or representations which are not expressly set out in this Agreement. 18.8. Questions about the Terms of Service should be sent to support@controlledevent.com. 18.9. Survival. The following sections shall survive the expiration or termination of this Agreement: Definitions, Fees and Payments, Intellectual Property, Confidentiality, Indemnification, Disclaimers, Limitations of Liability, Termination and General.

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.

education and skills training & development

Welcome to the Education and Skills Training & Development Ltd's privacy notice. Education and Skills Training & Development Ltd respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you. This privacy notice is provided in a layered format so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used in this privacy notice. 1. IMPORTANT INFORMATION AND WHO WE ARE 2. THE DATA WE COLLECT ABOUT YOU 3. HOW IS YOUR PERSONAL DATA COLLECTED 4. HOW WE USE YOUR PERSONAL DATA 5. DISCLOSURES OF YOUR PERSONAL DATA 6. INTERNATIONAL TRANSFERS 7. DATA SECURITY 8. DATA RETENTION 9. YOUR LEGAL RIGHTS 10. GLOSSARY 1. Important information and who we are Purpose of this privacy notice This privacy notice aims to give you information on how Education and Skills Training & Development Ltd collects and processes your personal data through your use of this website, including any data you may provide through this website when you sign up to our newsletter, purchase a product or service, take part in a competition or enrol yourself or one of your employees onto one of our courses. This website is not intended for children and we do not knowingly collect data relating to children. It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them. Controller Education and Skills Training & Development Ltd is the controller and responsible for your personal data (collectively referred to as "COMPANY", "we", "us" or "our" in this privacy notice). We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the DP] using the details set out below. Contact details Our full details are: Full name of legal entity: Education and Skills Training & Development Ltd Name or title of DPO : James Hart Email address: james.hart@education-and-skills.com Postal address: 5C Oxford House, Sixth Avenue, Doncaster DN9 3GG Telephone number: 01302 802220 You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance. Changes to the privacy notice and your duty to inform us of changes This version was last updated on 1st July 2018 and is reviewed annually. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us. Third-party links This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit. 2. The data we collect about you Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows: · Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth, national insurance number and gender. · Contact Data includes billing address, delivery address, email address and telephone numbers. · Financial Data includes bank account and payment card details. · Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us. · Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website. · Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses. · Usage Data includes information about how you use our website, products and services. · Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences. We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice. We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences. If you fail to provide personal data Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time. 3. How is your personal data collected? We use different methods to collect data from and about you including through: · Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you: · apply for our products or services; · enrol on one of our courses – government funded or not · create an account on our website; · subscribe to our service or publications; · request marketing to be sent to you; · enter a competition, promotion or survey; or · give us some feedback. · Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. · Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below: · Technical Data from the following parties: (a) analytics providers such as Google based outside the EU; (b) advertising networks based inside the EU; and (c) search information providers based inside OR outside the EU. · Contact, Financial and Transaction Data from providers of technical, payment and delivery services based inside OR outside the EU. · Identity and Contact Data from data brokers or aggregators based inside OR outside the EU. · Identity and Contact Data from publicly availably sources such as Companies House and the Electoral Register based inside the EU. · Achievement of prior qualifications from the Learner Records Service and Department of Education via the ESFA or Student Loans Company 4. How we use your personal data We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances: · Where we need to perform the contract we are about to enter into or have entered into with you. · Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. · Where we need to comply with a legal or regulatory obligation. Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us. Purposes for which we will use your personal data We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

musiversity

Musiversity aims to provide aspiring musicians from all over the world with the very best online video music lessons and courses. By bringing together music students with some of the world’s best music teachers we aim to provide musicians with a single platform for all their music learning needs. In order to use the Musiversity platform, whether for accessing courses, finding teachers, or selling your own courses and services as a teacher, you must agree to the terms of use as set out below. Contents: 1. What is Musiversity? 2. User Accounts 3. Accessing Courses 4. Payments & Refunds 5. Content & Behaviour 6. Copyright and Ownership 7. Becoming a Musiversity Teacher 8. All Access Subscription 9. Musiversity’s Rights 10. Legal Terms & Conditions 1. What is Musiversity? Musiversity is an online music teacher directory and video course platform where music teachers advertise their teaching services, and can upload and compile video courses, and then sell them through our marketplace. Users can browse the courses on our marketplace, or be sent directly to specific music courses on our site through direct links, and then purchase courses to learn from. Purchased courses can be accessed from within the Musiversity platform, so that users can view the video content on any device from any location. Users can also find music teachers, whether for local in-person lessons, or live online video lessons, and contact teachers in order to arrange these. 2. User Accounts Users can browse our website and marketplace without creating an account or logging into the platform, but for all other activities on Musiversity, including purchasing courses, accessing courses, and messaging teachers, users must first create a user account and be logged in to the platform. Creating a Musiversity account is free, and only requires a valid name and email address to be given, along with a password. Musiversity accounts are unique and individual, and must not be shared with other users. Account login details should be kept confidential and not shared with anyone. All accounts on Musiversity must be registered to a person over the age of 18. If acting on behalf of a child, then a parent or guardian must be the one who creates the account. In creating a Musiversity account, you are agreeing to the terms set out in this document. Accounts can be terminated at anytime from within your account profile. You will lose access to any courses you have purchased once your account is terminated. 3. Accessing Courses When a teacher creates and lists a course on the Musiversity platform, they are providing Musiversity with a licence to offer access to their course to our users. When a user accesses a course through our platform (whether it’s a paid or free course) Musiversity is granting that user a licence to access the course, and course materials. The user does not own the course, or course materials, in any way, and has no permission to sell the course materials, or access to them to any other person. Only the account holder may access the courses they have been granted a licence for. Most of the courses on Musiversity require payment to be granted access, but some are offered for free. In either case, once you have been granted access to a course, you will continue to have access to that course for the duration of your account with Musiversity, except in cases where, for legal reasons or otherwise, we are forced to remove a course from our platform for violating our terms. You may not reproduce, copy, re-sell, illegally download, or in any other way provide access to courses to anyone other than the account holder. 4. Payments & Refunds To be granted access to paid courses on Musiversity payments must be made through our online checkout. Musiversity uses Stripe to handle all payments. Payments are made in accordance with the prices set out on the course details page for each course, and must be paid in full before being granted access. We accept payments in the following currencies: USD, CAD, AUD, NZD, EUR, GBP. Once payment had been made you will have lifetime access to the course as long as your account remains active. If you’re not happy with your purchase, you may request a refund within 30 days of purchase, provided you have NOT completed more than 50% of the course in question, by emailing Musiversity directly with your refund request. If a refund request is made within the 30 day refund period AND your student course progress record shows that you have completed less then half of the course, the payment will be refunded in full to the card it was made on. In cases where refunds are given, access to the refunded course will be revoked. If a request is made outside of the 30 day refund period, or your record shows that you've viewed/completed more than 50% of the course, then no refund will given. Payments for our All-Access Subscription are non-refundable (see section 8 below). 5. Content & Behaviour All video content uploaded to Musiversity is the responsibility of the uploader and must adhere to our terms as set out on our Teacher Terms document. Any content that is found to be in breach of those terms will be removed from the platform, and the account may be closed or blocked. All users are responsible for any content that they create on the Musiversity platform, including their profile information, any reviews they leave for courses, messages they send through the platform, and any comments they leave on courses or blog posts. Any user who is found to be posting offensive, illegal, or inappropriate material will have the content removed, and will risk their account being blocked or deleted. 6. Copyright & Ownership All videos, and other content, uploaded to Musiversity remain the intellectual property of the creator of the content, and all copyrights are retained by the creator of the content. Musiversity does not own any of the content uploaded by our teachers. However, by uploading content to our platform you are authorising Musiversity to share this content with anyone, distribute it and promote it on any of our marketing channels, as well as giving us the right to modify and edit content as we see fit, for marketing or promotional purposes. 7. Becoming a Musiversity teacher If you are a music teacher or an experienced musician with knowledge to share, we invite you to join the team of Musiversity teachers, and create, upload, compile, and sell your course, or courses through our platform. You can also just list your teaching services on our directory, without needing to create and/or sell online courses. In order to become a Musiversity teacher you must agree to the terms set out in our Teacher Terms document. 8. All-Access Subscription (pilot scheme) We are currently in the process of setting up and testing a pilot scheme of a new All-Access subscription to Musiversity. This subscription will offer full, unlimited access to all the courses and content on the Musiversity platform for a single monthly subscription fee, including all current and future courses. Subscription payments will be taken monthly, and access to the Musiversity content will be available for the duration of an active subscription. Subscriptions can be cancelled at anytime from within your Musiversity account, and cancelled subscriptions will remain active until the end of the most recent billing period, when they will then be terminated. Once a subscription has been terminated, you will no longer have access to courses on the platform (except any courses you had purchased prior to creating your subscription). As this is a subscription service, and payment is made for the access to our platform, subscription payments are non-refundable. There are no refunds, full or partial, for cancelled subscriptions (expect where required by applicable laws). 9. Musiversity’s Rights Musiversity owns the Musiversity platform and service, including all related web properties and domains, social media accounts, and other accounts associated with the platform. Musiversity owns all content on our website that is created and posted by us, including the general website content, the legal terms and conditions, blog posts and courses which are created by Musiversity, and any other content of which Musiversity is the creator. Musiversity owns the rights to it’s logo, name, and other trademarks. You, as a user with or without an account, may not use our logo without our prior written permission. You may not download, copy, duplicate, or in any other way share our content without prior written permission. 10. Musiversity Legal Terms The term ‘Musiversity, 'Musiversity.co', or ‘us’ or ‘we’ refers to the owners of the Musiversity Platform and website. The term ‘you’ refers to the user or viewer of our platform. The use of this website is subject to the following terms of use: The content of the pages of this website is for your general information and use only. It is subject to change without notice. This website uses cookies to monitor browsing preferences. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence. From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

moderntronics

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.