JK Michaels Institute

TERMS AND CONDITION OF TRAINING SERVICES

Terms and conditions of Training services Of JK Michael Institute.

This document forms a part of A: General Terms and Conditions JK Michaels InstituteThis document forms a part of A: General Terms and
Conditions JK Michaels Institute GTE.

JK Michaels Institute.
The aforesaid company applies the following terms and
conditions when providing quotations and in the
execution of assignments. For convenience the aforesaid
company is referred to in the terms and conditions as
JK Michaels.

Specific terms and conditions in provision of
consultancy services contains the following
articles:
1. Definitions
2. Agreement
3. Termination
4. Prices
5. Invoicing and Payment
6. Liability and indemnity
7. Intellectual and industrial property
8. Illness of teacher
9. Applicable law and choice of law

1. Definitions
Agreement: The arrangements, agreed in a written
and/or digital recording, on the basis of which JK Michaels
performs Service(s) for the benefit of Client and to
which these General Terms and Conditions A and these
Specific Terms and Conditions B4 apply.

Client: Every (legal) entity or person who has
concluded an Agreement with JK Michaels, or as the case
may be responds to or requests an offer or quotation.

In-Company Training Courses: Training courses which
are arranged by JK Michaels at the location of Client,
hereafter also referred to as Services.

Open Timetable Training Courses: Training courses
which will be provided at the location of JK Michaels or at a
location to be determined by JK Michaels, hereafter also
referred to as Services.

JK Michaels: the specific JK Michaels entity mentioned in the
Agreement who provides Service(s) to Client,
hereinafter referred to as JK Michaels.

Services: The service(s) as described in the Agreement.
Training Services: Services in which JK Michaels focusses on
education in the field of Business Management and Information Technology.
Advising Client and implementing solution with regard to the executed Training
Services is not included in the Training Services but is
instead designated as Consultancy Services (B2:
Specific terms and conditions applicable to
Consultancy Services).

2. Agreement
2.1. Applications for Open Timetable Training
Courses must take place in writing by applying
for Open Timetable Training Courses by
means of an online form on the JK Michaels
websiteor by filling a registration form prior to physical classes.

2.2. An Agreement with regard to Open Timetable
Training Courses between Client and JK Michaels
comes into effect when Client has received
confirmation(Joining Instruction) of an application. JK Michaels retains
the right to reject applications for Open
Timetable Training Courses on the basis of
clearly described reasons.

2.3. An Agreement with regard to In-Company
Training Courses comes into effect after the
assignment for the execution of services is
received(email request) and confirmed by means of an
Agreement(Joining Instruction).

3. Cancellation term and condition of training services
3.1. After confirmation of the Open Timetable
Training Courses or In-Company Training
Courses cancellation by Client is possible up
to 30 days before the commencement of the
training.
3.2. If the Agreement is cancelled less than 30 days
before the commencement of the training,
regardless of the reason for this, Client will be
charged 100% of the course fees.

3.3. If Client requests a training course to be
changed (in time or location) within 10
working days prior to the commencement of
the Open Timetable Training Course or In Company Training Course and JK Michaels agrees
to this request, then 100% of the course fees
will be owed on top of the normal fees.

3.4. Once changed in accordance with article 3.3,
an Open Timetable or In-Company Training
Course cannot be changed again.

3.5. Changes can only be requested in writing and
must be in the possession of JK Michaels before the
periods set out in article 3.3. Changes are only
Terms of service valid when these are confirmed in writing by
JK Michaels.

3.6. JK Michaels retains the right, after concluding the
Agreement, to alter the times and/or location
of Open Timetable Training Courses. After
changes to times and/or location Client will
still have the right to cancel its participation
free of charge within 5 working days from such
a notification.

3.7. JK Michaels has the right to suspend, relocate or
cancel the Open Timetable Training Course if
that is justified by unforeseen circumstances,
such as a shortage of course participants,
oversubscription or a sick instructor. After
changes Client will have the right to cancel its
participation free of charge within 5 working
days from such a notification.

3.8. Client cannot enforce any right to
compensation of interest and costs on top of
or reduction of the agreed payment.

4. Prices terms and condition of training services
4.1. Unless stated otherwise, the course fees
include the costs of training material, the use
of accommodation, coffee and tea, and if
applicable, lunch.

4.2. These prices are based on the circumstances
applicable at the time of the Agreement being
concluded. If these circumstances were to
change after concluding the Agreement, then
JK Michaels retains the right to adjust its prices
accordingly.This is applicable also to examination fees in dollar.
If dollar increases, the examination fee will be increased by the amount of the increase.
If clients pays the examination fees to JK Michaels and is unable to do his examination within two years
of payment,regardless of the reason.The client losses the right of the total amount.

4.3. If and insofar as the prices are increased by
more than 15%, Client will have the right to
terminate the Agreement.

5. Invoicing and Payment terms and condition of training services
5.1. Client will pay JK Michaels the amounts charged to
it within 30 calendar days. If the training
course commences within a period which is
less than 30 calendar days, Client will pay
JK Michaels the amounts charged to Client prior to
the commencement of the Open Timetable or
In-Company Training Course. All amounts
charged to Client must be paid without
reduction or deduction. Client is not entitled
to set off. Furthermore, the Client does not have
the right to suspend any payment obligations
towards JK Michaels.

5.2. If the Client has not paid the amounts due within
the agreed period, JK Michaels will have the right
to refuse the course participant(s) access to
the training without prejudice to Client’s
obligation to pay the amount owed.

6. Liability and indemnity terms and condition of training servicess
6.1. Furthermore, JK Michaels is not liable, neither on
the basis of the law nor under agreement, for
consequential loss which Client or a third
party might suffer with regard to the
performance of the Agreement or (the use of)
the training courses, also including loss of
profits, environmental damage or intangible
loss. In all events, the liability of JK Michaels is
limited to the invoice amount of that part of
the Agreement from which the damage has
arisen.

6.2. Furthermore, JK Michaels will not rely on the
included limitations of liability if and insofar
as the damage is the direct result of intention
or gross negligence on the part of JK Michaels or its
staff.

6.3. Unless the damage is caused by intention or
gross negligence on the part of JK Michaels or its
staff, Client will indemnify JK Michaels against all
claims of third parties, directly or indirectly
related to the performance of the agreement,
or as the case may be (the use of) the Courses
and will compensate JK Michaels for all damage
that JK Michaels suffers as a result of such claims.

6.4. JK Michaels is not liable for compensation of
damage if a Course must be interrupted,
changed and/or cancelled due to unforeseen
circumstances as referred to in article 8.

6.5. JK Michaels rejects any liability for damage
resulting from disfiguration of information,
delay, lack of clarity and/or other errors in the
communication between Client and JK Michaels as
a result of the use of the Internet or any other
means of communication, unless this damage
is caused by intention or gross negligence on
the part of JK Michaels.

7. Intellectual and industrial property
7.1. All intellectual and industrial property rights
with regard to equipment, software, training
material and/or documents remains
exclusively with JK Michaels or its licensors.
Terms of service

7.2. Client is not permitted to disclose or
reproduce software, training material and/or
documents provided in the context of the
training.

7.3. Image and/or sound reproduction of training
is expressly prohibited.JK Michaels reserve the right to use class video/audio recording
and images in its marketing communication.

8. Illness of teacher-Terms and condition of training services

8.1. In case of a teacher’s illness and/or inability to
attend, JK Michaels will, if possible, ensure
equivalent replacement within 48 hours.
8.2. If replacement within the stated periods is
reasonable not possible within 48 hours,
JK Michaels will inform Client of this and this will
constitute a force majeure situation.
8.3. If JK Michaels ensures equivalent replacement
within 48 hours then article 3.7 will not be
applicable.
9. Applicable forum and choice of law
9.1. Nigeria law exclusively applies to the General
Terms and Conditions. Any disputes will be
heard by the courts at Ikeja, Lagos,Nigeria

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