Terms and
conditions.

These terms and conditions govern the purchase of education services from AVEREST.

Definitions

• "AVEREST Training & Consulting Services" refers to AVEREST’s training, courses, services, consulting services, methods and Course Materials. Course formats may include, but are not limited to, classroom scheduled seats (such as instructor-led training at an AVEREST’s facility and remotely assisted instructional learning), onsite dedicated training at an AVEREST, Customer, or neutral site, lecture-only training, online lecture-only training, web-based, self-paced, eLearning training, and subscription-based training.
• "AVEREST Data Sheet" refers to an AVEREST standard specification document that describes the features and specifications of the AVEREST Education Services offering to be delivered.
• Confirmation Letter and Brochures in general, COL or BROCHUREs are applicable to specialised training tailored to the needs of the customer.
• "Terms and Conditions" refers to the document titled "AVEREST Education Services Terms and Conditions.
• The term "Course Materials" refers to courses, documentation (such as questionnaires and process guidelines), educational materials (such as student workbooks, instructor guides, and computer-based training), and other written information (in any format, including electronic) and other materials.
• "Customer" refers to either

(i) an end-user AVEREST Customer who purchases the AVEREST Education Services described in these Terms and Conditions from AVEREST or from an authorised AVEREST reseller, wholesaler, or distributor, or

(ii) an authorised AVEREST reseller, wholesaler, or distributor. 

• A reseller, wholesaler, or distributor authorised by AVEREST who purchases AVEREST Training or Consulting Services in order to resell them to a Customer.

Education Services from AVEREST

• AVEREST will deliver the AVEREST Education Services outlined in the applicable AVEREST Data Sheet and/or Statement of Work in accordance with these terms and conditions. The following terms apply to the purchase of AVEREST Training Credits in addition to these terms.
• Subscription-based AVEREST Education Services are only available to licensed (individually named) users and are nontransferable. AVEREST will make the training materials available until the end of the subscription term upon receipt of a valid order for subscription-based courses. Depending on your subscription purchase, you may be required to enroll in courses included in your subscription.

Orders and Acknowledgment

• For open enrollment classes, AVEREST will provide a reservation notice as soon as possible after receiving the Customer's order and a confirmation notice upon receipt of a valid payment method, as applicable.
• The parties agree to conduct business electronically, including formation of contracts, order placement, and acceptance. Any orders placed by Customer and accepted by AVEREST on any AVEREST.com website or AVEREST/Customer extranet site will be governed by these terms and conditions. Such orders and acceptances will be considered for all purposes to be: 1) business records created and maintained in documentary form; 2) a "writing" or "in writing"; 3) "signed"; and 4) a "original" when printed from electronic files or records created and maintained in the ordinary course of business. Further, the parties agree not to contest the validity or enforceability of such transactions under the provisions of any applicable law regarding whether certain agreements must be in writing or signed by the parties.
• Acceptance of AVEREST Education Services is contingent upon the delivery of such services by AVEREST.

Warranty

• AVEREST warrants that all AVEREST Education Services will be delivered in accordance with commercially acceptable practices and standards.
• AVEREST makes no additional representations or warranties regarding the suitability or quality of the AVEREST Education Services. AVEREST expressly disclaims any liability for anything done or omitted in reliance on the contents of this website.
• Education Services and Training Materials from AVEREST. Customer is solely responsible for meeting all requirements and achieving all objectives for which Customer purchased AVEREST Education Services.
• The warranty contained in this section 4 is in lieu of all other express warranties or conditions, and all other warranties, conditions, and obligations implied by law, including warranties of merchantability and fitness for a particular purpose. AVEREST expressly disclaims, and Customer expressly waives all other express warranties or conditions, and all other warranties, conditions, and obligations implied by law, including warranties of merchantability and fitness for a particular purpose.

Cancellation

Retraction by AVEREST

• Unless otherwise specified or agreed to in writing by AVEREST, all courses shall begin on the date indicated in the order confirmation letters. AVEREST reserves the right to modify the originally specified date up to ten business days prior to the start of the class. Customer will be notified of the change or cancellation at that time. Please consider this when making non-refundable travel reservations.

• AVEREST will make reasonable efforts to provide notice of course cancellations. In the event that the course cannot be rescheduled, the Customer may be entitled to a refund of any fees paid for cancelled services, but shall not be entitled to any other compensation, costs, losses, or damages resulting from such cancellation.

• Monday through Friday are business days for AVEREST, excluding AVEREST-specific holidays.

Cancellations by Clients

• For public/open enrollment classes, including AVEREST Virtual Labs (AVEREST vLabs), requests to cancel or reschedule received less than 10 AVEREST business days prior to the class start date are subject to the full course fee. For example, if the class begins on a Monday, the cancellation deadline is two weeks prior to the Monday.

• For private/dedicated classes, cancellation requests received less than 10 AVEREST business days prior to the start of class will incur the full course fee.

• Training Credits cannot be refunded.

• No refunds or cancellations are permitted for eLearning/web-based training (WBT) classes purchased directly from AVEREST.

• If you wish to withdraw from a course, you must inform us via email, and the official payment receipt must have been attached. 

• Twenty or more business days in advance: a full refund minus $200.00 administration fee.
• Ten to nineteen business days in advance: You may use your credit for another course or receive a non-refundable credit, valid for one year, for another Averest course. That course shall be scheduled by Averest. Credits are transferable within your organisation.
• Less than ten business days in advance: No refund available but you may send others of equal number to the registered to take the registering place without any additional cost or you may request for your course notes to be mailed to you. Less than ten business days refund is unavailable.

• Those who fail to show up for the course they registered for, or who withdraw without providing sufficient notice as described above, will be subject to the full fee of the course and will be invoiced for the full cost of the respective course or program.
   
• In the event that Averest chooses to cancel a course, a full refund of the course fees will be issued to the registrant.

• If an instructor is not available due to unforeseen circumstances, another instructor of equal ability will be substituted.

• Please note that the criteria on which certifications are awarded are based on attendees' full presence and participation in the workshops/case studies/discussions. In case of lack of attendance, refund cannot be requested.

• Those who fail to show up for the course or withdraw without providing sufficient notice will be subject to the full invoiced course fee.

• As Averest we make every effort not to cancel any course. If a live classroom course cannot be run due to unforeseen circumstances or low registration, participants are offered the option of taking the same course via our instructor facilitated, interactive distance course format. In the event that they do not want the online option, they may request to be transferred to another live class going on, be issued a credit letter to be used within 6 months, or request to be refunded the whole amount paid.

Group Discounts

• For organizations sending more than one participant, the following discounts to the course fee apply: 10% to the second, 15% to the third, 20% to the fourth and 25% to the fifth and subsequent registrations. The group discount cannot be combined with any other discounts or promotions.

Payments

• AVEREST retains the right to modify course fees at any time. Confirmed registrations will be honoured at the original price if such a change occurs. In addition, registrations confirmed by a purchase order within 30 days of a price increase will be honoured at the original price.

• Prices exclude sales, use, service, value-added, and similar taxes, as well as customs duties. When applicable, such taxes and duties will be added to AVEREST invoices. In addition, if class deliveries are requested outside of the original invoicing country, AVEREST may be required to issue an invoice from the location of the delivery country.

• All payments must be made within thirty calendar days of the invoice date. These credit terms are contingent upon credit approval from AVEREST. AVEREST may modify credit terms at any time with reasonable notice if, in AVEREST's opinion, the Customer's financial condition, payment history, or the nature of the Customer's relationship with AVEREST so warrants.

• When Customer has previously purchased a volume-discounted education package, Customer may use such package to fulfil payment obligations for orders issued under this Agreement, provided that sufficient funds are available.

• Credits must exist to cover the total cost of all AVEREST Education Services to be delivered in accordance with the order. If additional credits are required, the Customer may purchase them from AVEREST or an authorised AVEREST reseller prior to the start of the AVEREST Education Services, or provide an alternative valid method of payment. If the Customer provides an alternative payment method, the volume discount will not apply.

• All agreed services shall begin after the effective date of the contract. 

• Training Fees must be paid in advance. After payment is not accepted. 

• Training Fees must be paid to the accounts stated in the offer or confirmation letter. 3rd Party accounts and information shall be ignored. Averest corporate bank accounts are the only ones that need to be considered as payment addresses. 
• In case of any transactions with 3rd parties clients assume full responsibility. 

• The late fee charge will be applied on a daily basis and complies with Turkish Law by around 2.5%.

• Companies based in Turkey shall pay the amount in Turkish Lira by considering the daily exchange rate of the central bank of Turkey. 

• The payments shall be made in the agreed currency. 

Industrial Property

• All Course Materials provided for use throughout the course, including those available via subscription, are the property of AVEREST or the original content provider and are protected by intellectual property rights. Unless otherwise specified in the COL OR BROCHURE, the Course Materials are provided for the sole use of the individual attending classes and may not be reproduced, distributed, or modified without AVEREST's prior written consent.

• AVEREST will defend or settle any claim against Customer regarding the AVEREST Education Services alleging that AVEREST knowingly infringed a patent, utility model, industrial design, copyright, trade secret, mask work, or trademark in the country where such AVEREST Education Services are delivered, provided that Customer promptly notifies AVEREST in writing of the claim and cooperates with AVEREST and grants AVEREST sole control over the defence or settlement.

Remedies and Liabilities

• AVEREST's total aggregate liability to Customer for any reason and for all claims and causes of action under this Agreement is limited to the amount paid by Customer for the AVEREST Education Services that gave rise to the claim or cause of action. This limitation applies to all actions and claims, including breach of contract, breach of warranty, negligence, strict liability, and other torts. In no event shall AVEREST be liable for any consequential, special, indirect, incidental, or punitive damages, including, but not limited to, loss of data, loss of profits, loss of savings or revenue, even if advised of the possibility of such damages.

• No cause of action against AVEREST may be brought more than one year after the cause of action has accrued.

• The remedies specified in these terms and conditions are the sole and exclusive remedies available to the Customer.

• The parties acknowledge and agree that, to the extent permitted by applicable law, the aforementioned exclusions and limitations of liability represent their allocation of risk in relation to their respective obligations under this agreement. The fees payable to AVEREST reflect this allocation of risk and the exclusions and limitations of liability outlined in these terms and conditions, and are based on them.

General

• Customer acknowledges and agrees that online training services may be temporarily interrupted on occasion. AVEREST must take reasonable precautions to prevent or minimise such disruptions.

• AVEREST shall not be liable to the Customer for any failure or delay in receiving or transmitting data, or for any loss or corruption of data arising from or in connection with the delivery or performance of online training services.

• AVEREST may deny admission to a course to any individual it deems to pose a safety or security risk to other course participants or the premises where the course is held. Fees paid for a course participant who is not admitted due to these circumstances will be forfeited, and the Customer will not be entitled to any refund.

• AVEREST is not liable for performance delays or failures caused by circumstances beyond its control.

• Except for AVEREST's subcontractor use rights, neither party may assign any rights or obligations under this agreement without the prior written consent of the other party. AVEREST may assign its rights and obligations under this agreement to an affiliated entity at any time upon written notice. These terms and conditions will bind and benefit the parties, as well as their respective successors and permitted assigns.

• The customer who exports, re-exports, or imports data purchased pursuant to this agreement is responsible for complying with all applicable laws and regulations, as well as obtaining all necessary export and import authorizations. AVEREST reserves the right to suspend performance if Customer violates applicable export laws.

• Disputes related to these terms and conditions will be governed by the laws of the country and jurisdiction where AVEREST accepts the order.

• In the event that any term or provision of this agreement is determined to be illegal or unenforceable, the validity or enforceability of the remaining terms and provisions shall not be affected.

• Customer will comply in a timely manner with the general obligations outlined in these Terms and Conditions as well as any specific Customer obligations outlined in the Statement of Work. Customer acknowledges that AVEREST's ability to provide the AVEREST Education Services is contingent upon Customer's full and timely cooperation with AVEREST, as well as the accuracy and completeness of any information and data provided by Customer to AVEREST.

• The failure of neither party to exercise any of its rights under these terms and conditions will constitute a waiver or forfeiture of those rights.

• These Terms and Conditions and any applicable AVEREST order confirmation, COL OR BROCHURE, and/or AVEREST Data Sheet constitute the entire agreement between AVEREST and Customer and supersede any prior oral or written communications, representations, or agreements between the parties regarding transactions hereunder. Additional or different terms imposed by the customer will not apply. Customer's purchase signifies Customer's acceptance of these terms and conditions, which may not be modified except by a written amendment signed by an authorised representative of each party.

Privacy and Information Security

• AVEREST may collect and process the personal information of end-user AVEREST Customers in order to manage and provide AVEREST Education Services. AVEREST may collect the end-contact user's information, order and billing information, training and course entitlement information, learning and transcript information, profile, and communication preferences for the following primary purposes: end-user registration for AVEREST Education Services, delivery of AVEREST Education Services, development and improvement of AVEREST Education Services, and marketing and promotion of AVEREST Education Services. In certain circumstances, AVEREST may be required to disclose the learning and transcript information of an end-user to the organisation the end-user represents or is affiliated with for the organization's records management purposes. View [AG1] the AVEREST Privacy Statement for more information on AVEREST's privacy policies.

© Copyright 2022 Averest Training and Consulting. This information is subject to change without prior notice. The express warranty is the only warranty for Averest Training and Consulting products and services.

Accompanying these products and services are statements, nothing in this document should be construed as an additional warranty. Averest Training and Consulting is not responsible for any typographical, technical, or editorial errors or omissions in this document.