STANDARD TERMS AND CONDITIONS

 

1.            SERVICE PROVIDER AND CLIENT

1.1                           The service provider is Altron Bytes People Solutions, a division of Altron TMT (Pty) Ltd, Reg 1984/003805/07, hereinafter called Altron Bytes People Solutions.

1.2                           The Client is the Company or other legal entity whose details appear on the booking form above or attached, hereinafter called “Client” or “you”.

2.            CONFIRMATION OF BOOKINGS

Once a Booking Request Form has been completed and submitted by the Client, Altron Bytes People Solutions will send a Course Confirmation Form to the client. This form will contain the relevant course information required for registration, attendance and payment.

3.            PAYMENT TERMS

3.1                           Payment of course fees must be submitted to Altron Bytes People Solutions in full on or before the first day of course commencement.

3.2                           Terms for corporate clients, with prior arrangements, are 30 (thirty) days from date of invoice.

3.3                           Interest of Prime plus 6% (six percent) will be charged on outstanding accounts.

3.4                           Proof of payment must be sent by email through to Altron Bytes People Solutions to the sales person whose details are on the booking form, on or before commencement of the course.

4.            EXCLUDED FROM PRICING

All pricing is exclusive of travelling, accommodation and subsistence allowances.

5.            REGISTRATION AND COURSE ATTENDANCE

5.1                           Registration takes place from 8:00 – 8:45. Delegates are to complete the Attendance Register each morning on arrival.

5.2                           Training starts promptly at 9:00 and finishes at 16:00. These times may be extended due to customised courses or by special arrangement.

5.3                           Delegates may not be accompanied by anybody, with the exception of delegates who are physically or otherwise impaired and/or where prior arrangements have been made.

5.4                           No animals are allowed inside the classroom, with the exception of guide dogs.

6.            RE-SCHEDULING OF COURSES

6.1         Requests for re-scheduling of courses shall be submitted in writing, by email or other written communication, to Altron Bytes People Solutions, at least 7 (seven) calendar days before course commencement.  In the event of this not happening, a fee of 50% of the course fee will be charged to and paid by you.

6.2         Altron Bytes People Solutions reserves the right to reschedule or change the venue of courses at its discretion. Should this be the case, Altron Bytes People Solutions will use reasonable efforts to advise the Client at least 7 (seven) calendar days in advance via email or telephonically. You will not be charged for such re-schedule or change of venue.

6.3         Altron Bytes People Solutions cannot be held responsible should a delegate:

6.3.1      be booked on the wrong course by the Client or an authorised employee;

6.3.2      be on an inappropriate level or version;

6.3.3      not have the required pre-requisites as stated in the relevant course outlines.

7.            COURSE CANCELLATIONS

7.1     All cancellations shall be received by email or other written communication by Altron Bytes People Solutions.

7.2  Altron Bytes People Solutions reserves the right to cancel the courses at its discretion. Should this be the case, Altron Bytes People Solutions will use reasonable efforts to advise the Client at least 7 (seven) calendar days in advance via email or telephonically. You will not be charged for such cancellation.

7.3  Where cancellations are not received at least 7 (seven) calendar days prior to the course, 50% of the course fees for that delegate will be charged to and paid by you.

7.4   If delegates do not arrive for a course or cancel on the day of the course, the Client will be charged and shall pay 100% of the course fee for that delegate.

7.5   Cancellation fees will be waived if an approved alternative delegate attends.

7.6   Refunds of any monies resulting from the above must be applied for in writing by the Client.

8.            ORACLE TRAINING

8.1   The standard terms and conditions of Oracle Corporation shall apply, in respect of its courses as set out in the attached Oracle booking form, where applicable.

9.            RE-ATTENDANCE OF COURSES

9.1   Based on the discretion of Altron Bytes People Solutions, a delegate may re-attend a course for examination purposes, once within 6 (six) months from the original course date.  Examination fees are excluded from this amount and will be charged for separately. Re-attendance thereafter will be invoiced at the then valid course fee.

9.2   The delegate must bring the original manual along for re-attendance. In the event of this not happening, an additional fee will be charged for manuals and course material reissued to the delegate where this is possible and at management’s discretion.

9.3   Altron Bytes People Solutions reserves the right to limit the number of delegates who re-attend a specific course. This is also based on availability of seats and subject to a minimum number of delegates per course.

9.4   Additional refresher courses can be arranged with Altron Bytes People Solutions and a quotation will be supplied to the Client.

9.5   Additional fees for refresher courses are strictly payable on the day of registration.

10.        DELEGATE’S RESPONSIBILITIES

10.1                         Altron Bytes People Solutions reserves the right to exclude delegates from attending a course due to disorderly conduct. No offensive or discriminatory language and/ or behaviour will be tolerated.

10.2                         Altron Bytes People Solutions reserves the right to exclude delegates from attending a particular course due to pre-requisites not being met. Refer to the pre-requisites on the course outlines.

10.3                         Altron Bytes People Solutions reserves the right to exclude delegates from attending a particular course should a delegate arrive late. The cut-off time is 30 minutes after training has commenced, unless an arrangement for exceptional cases has been made with management beforehand.  This is to avoid disrupting the class.

10.4                         Altron Bytes People Solutions cannot be held responsible where behaviour of the delegate has resulted in loss or damage to the property of the delegate or of anyone else attending the class.

10.5                         It is solely the delegate’s responsibility to ensure that the correct course and version is attended. The same applies for examinations written.

10.6                         Delegates are encouraged to immediately discuss any problems with the lecturer / operations manager / branch manager / operations executive. Should the problem not be handled satisfactorily, please forward the details to the Divisional Managing Director, Altron Bytes People Solutions.

11.           HOUSEKEEPING RULES

11.1                         Messages will be forwarded to the delegates where possible.  Please try to limit these as well as the duration of follow-ups.

11.2                         Smoking will only be allowed outside in designated smoking areas.

11.3                         Cellular phones are to be switched off during training hours.  If permission has been granted beforehand, a delegate will be allowed (in exceptional cases) to leave the cell phone on during training. Calls shall be taken outside the classroom.

11.4                         Refreshments during training – no eating or drinking will be allowed other than the refreshments provided in the classrooms.

11.5                         Valuables (including course material) should be secured at all times.  See the disclaimer in clause 19.

11.6                         In the event of a prolonged municipal power failure delegates may not leave the training on their own accord.

11.6                         Delegates shall strictly observe all health and safety rules and protocols as required by Altron Bytes People Solutions whilst in the premises and classrooms, including those relating to any epidemic or pandemic. See the disclaimer in clause 19.      

12.           COURSE MATERIAL

           Course and reference material and training manuals given to delegates attending courses are the intellectual property of Altron Bytes People Solutions or third parties if applicable, are subject to copyright laws and may not be copied, distributed, transmitted or duplicated under any circumstances.

13.           EXAMINATIONS

13.1     Every effort is made to provide delegates with a high-quality learning experience and to assist them in examination preparation.  However, Altron Bytes People Solutions cannot guarantee that a delegate will pass an examination and cannot be held responsible in this regard.  Altron Bytes People Solutions cannot be held responsible for conditions beyond its control such as service providers not downloading the correct software or telecommunication line problems.

14.           ON-SITE TRAINING

14.1     Where courses are presented at the Client’s premises, the Client will be responsible for providing refreshments and luncheons.

14.2     Unless otherwise quoted for, the Client will be responsible for:

                                                            14.2.1         Supplying the necessary equipment (PC’s / Printers) as per Altron Bytes People Solutions’ minimum requirement specification sheet,

                                                            14.2.2         Software and server authorisations (log-in),

                                                            14.2.3         Training aids,

                                                            14.2.4         Preparing the venue and arranging access to the premises for the applicable lecturer,

                                                            14.2.5         All travelling related costs, including but not limited to flight, car hire / km’s travelled, accommodation, subsistence and parking costs.

14.3     Course scheduling will be carried out by Altron Bytes People Solutions in conjunction with the Client, however delegate scheduling and confirmation shall be carried out by the Client.

14.4     –in the event of restricted access to your systems, supply of a non-functional technology system and not adhering to or compromising stipulated pre-requisites could prevent on-time delivery of training services by Altron Bytes People Solutions.  In this instance, and where it directly affects project progress, changes to scope and costing will be applicable and be advised to you.

15.          SPECIAL OFFERS

             Special offers that Altron Bytes People Solutions may offer from time to time apply to standard course pricing only. Normal payment terms shall be adhered to.

16.           NON SOLICITATION

             The Client and Altron Bytes People Solutions may not in any form whatsoever employ, offer employment to, solicit, entice, encourage, approach each other’s employees with the view of offering them employment or enticing them to leave the employ of their respective companies .

17.       EXCHANGE RATE FLUCTUATIONS AND PRICE REVIEW

17.1     Altron Bytes People Solutions reviews its pricing annually during February of every year and hereby reserves the right to implement new price lists effective from 1 March each year. Ad hoc price increases due to cost changes advised by service providers will be passed on as and when applicable.17.2    Altron Bytes People Solutions reserves the right to change its pricing caused by exchange rate fluctuations where these in its discretion materially affect the price of services, exam or course offerings.

18.        ROOM AND EQUIPMENT RENTALS

                                 Room and equipment rentals may be negotiated subject to availability.  A separate quotation and specific terms and conditions will be furnished.

19.        DISCLAIMER

19.1     ALTRON BYTES PEOPLE SOLUTIONS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGES, EXPENSES, COSTS OR FINES INCURRED BY THE CLIENT, ITS EMPLOYEES OR DIRECTORS AS A RESULT OF PROVIDING THE SERVICES REFERRED TO IN THESE STANDARD TERMS AND CONDITIONS AND BOOKING FORM ATATCHED HERETO, INCLUDING FOR ANY SPECIAL, INCIDENTAL OR CONSEQUANTIAL LOSS OR DAMAGES, LOSS OF PROFITS, REVENUE OR INVESTMENT OPPORTUNITY, EXCEPT FOR SUCH DAMAGES, LOSS, EXPENSES, COSTS AND FINES AS MAY NOT BE WAIVED OR DICLAIMED IN LAW.

 

19.2                                ALTRON BYTES PEOPLE SOLUTIONS SHALL NOT BE LIABLE TO THE CLIENT OR ANY OF ITS EMPLOYEES OR DIRECTORS FOR DAMAGES, LOSS, EXPENSES, COSTS AND FINES INCURRED BY THE CLIENT, ITS EMPLOYEES OR DIRECTORS AS A RESULT OF THE DELEGATES NOT ADHERING TO ALTRON BYTES PEOPLE SOLUTIONS’ HEALTH, SAFETY AND ENVIRONMENTAL STANDARDS, REGULATIONS AND PROTOCOLS, OR DUE TO ANY CAUSE BEYOND THE CONTROL OF ALTRON BYTES PEOPLE SOLUTIONS, WHICH SHALL INCLUDE EVENTS OF FORCE MAJEURE SUCH AS EPIDEMIC, PLAGUE OR PANDEMIC.

 

20.       GENERAL

20.1   These Standard Terms and Conditions, the Booking Form and the Oracle Corporation’s standard terms and conditions where applicable (together,,the “Agreement”), constitute the only agreement between the Client and Altron Bytes People Solutions and replaces all prior agreements, understandings and arrangements between the Parties with respect to its subject matter.

20.2    This Agreement may only be amended, varied or consensually cancelled by written agreement between the parties, signed in pen or electronically, but no agreement by the exchange of emails shall be competent.

20.3    This Agreement shall be governed by the laws of the Republic of South Africa. The parties hereby submit to the non-exclusive jurisdiction of the South Gauteng division of the High Court of South Africa to resolve all disputes between them, relating to this Agreement

.

20.4    No waiver, relaxation or indulgence of any term granted by a party to the other, shall constitute a waiver, relaxation or indulgence of that term in future or of any other term.

 

20.5    If any term/s of this Agreement is/are found to be illegal, invalid or unenforceable, that/those term/s shall be severable from the Agreement and not affect the rest of the Agreement which shall continue without such severed term/s, unless the intent of the parties as set out in this Agreement cannot be achieved without such term/s.