Public Schedule Courses (the "Agreement")
"SAS" means SAS Software Ltd, Wittington House, Henley Road, Medmenham, Marlow, Bucks, SL7 2EB;
"Customer" or "you" means the person or entity booking the Course (as defined below) and/or any learner.
Important: Please carefully read the following terms and conditions. These terms and conditions apply to Public Schedule Courses provided in the United Kingdom (UK) and Republic of Ireland. By accepting training from SAS, you agree to these terms and conditions. If you do not agree to all of the terms and conditions of this Agreement, please contact the SAS UK and Ireland Education Department on 0845 402 9902 or firstname.lastname@example.org. If the Customer Booking Contact is not the learner, the Customer Booking Contact will bring these terms and conditions to the attention of the learner, and will ensure compliance with the terms and conditions by the learner.
In exchange for payment of the fees and any applicable taxes arising under this Agreement, SAS will provide training courses (the "Course(s)") to the Customer, subject to the following terms and conditions:
- Course Bookings and Confirmation Provisional bookings can be taken over the telephone and will be held for a maximum of five (5) working days. A Course booking is confirmed once a booking form has been completed and received by the SAS UK and Ireland Education Department, either via post, fax, or via the SAS UK Education website, and SAS has sent the Customer Booking Contact confirmation of the Course booking in writing in the form of "Joining Instructions" before the Course commences. The Customer shall comply with, and will ensure the learner complies with, SAS' policies and procedures which are notified to the Customer from time to time.
- Payment Terms The Course fee must be paid in full within 30 days of the Invoice date. All transfer charges payable in accordance with section 5 below, must be paid for on receipt of invoice.
- Late Payment In the event of late payment, SAS reserves the right to charge interest on all outstanding amounts at the rate of 5% per calendar month, or part thereof, calculated on the amount outstanding from the due date up to (and including) the date of full payment.
- Course Prices
- Public Schedule Course prices exclude VAT but include all printed course materials, lunch, refreshments and are as published on the SAS UK and Ireland Education websites and in the current SAS UK and Ireland Education Brochure.
- SAS reserves the right to modify published Course prices at its sole discretion and without prior notification.
- Transferring Courses If a learner wishes to transfer a booking within ten (10) working days of the Course start date to a later Course occurrence there will be an administrative charge of 20% of the Course fee. If that transfer is then cancelled, or the learner fails to attend, the full Course fee remains payable.
- Cancelling Courses All cancellations of Course bookings must be made more than ten (10) working days prior to the start date of the Course. If a booking is cancelled within the ten (10) working days prior to the Course start date, or the learner fails to attend, the full Course fee remains payable.
- Changing Learner Details There will be no charge if a substitute learner from the same organisation replaces the original learner on the same date and course. Please contact the SAS UK and Ireland Education Department to confirm any change.
- Course Applications SAS reserves the right to decline the application of any learner without prior notification.
- Cancellation of Courses by SAS SAS reserves the right to cancel a Course at any time without liability. In these circumstances, learners will be offered an alternative date.
- Changes to Course Content SAS' Courses are constantly being reviewed, updated and improved and SAS reserves the right to alter any of the course content without prior notice. It may not be possible to cover all Course topics due to unforeseen circumstances, the Instructor will advise learners when this is the case and may offer alternatives. Where necessary, the Instructor will add appropriate, additional reading material.
- (a) Confidentiality Each party will implement reasonable measures to prevent the other party's inadvertent access to confidential information. Each party agrees to use all reasonable endeavours to prevent any confidential information received in connection with and related to the Course(s), which is clearly marked or designated at the time of disclosure as "Confidential" or is by its nature confidential, from being revealed to third parties for a period of three (3) years from the date of disclosure. This restriction does not apply to information which is:
- generally available to the public;
- released by either party without restriction;
- independently developed or acquired by the receiving party;
- known to the receiving party prior to receipt from the disclosing party; or
- revealed pursuant to court order or process of law. Each party will use all reasonable endeavours to give the disclosing party notice of such order prior to disclosure. For the purposes of this clause, SAS' parent company, SAS Institute Inc., shall not be deemed a "third party."
(b) Personal Data Any personal data (as defined by the Data Protection Act 1998 and its related regulations as amended from time to time) you give us will be treated in accordance with SAS' privacy statement which can be found at www.sas.com/privacy.html or provided upon request.
- (a) The Course notes and/or material are the exclusive copyrighted property of SAS. None of the Course notes and/or material may be reproduced, republished, distributed, posted, sold, or transferred. SAS' Copyright extends to all electronic or supplementary notes and/or materials provided as part of a Course.
- (b) Course notes and/or materials are available only for attendees and are provided on the first day of a course. Course notes and/or materials are not available prior to the course.
- Warranty and Limitation of Liability
- (a) SAS warrants that it shall render the Course(s) in a diligent, conscientious and professional manner. The exclusive remedy for breach of this warranty is refund of fees paid for the Course(s) at issue. SAS warrants that it is under no obligation or restriction that would in any way prevent or interfere with its ability to perform its obligations under this Agreement.
- (b) SAS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE EVENT OR SERVICES PROVIDED HEREUNDER OR THE RESULTS OBTAINED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING.
- (c) SAS IS NOT LIABLE FOR ANY LOSS OF PROFITS OR FOR LOSS OF ANTICIPATED SAVINGS OR FOR SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, RELIANCE, OR EXEMPLARY DAMAGES, EITHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES WAS DISCLOSED TO SAS OR COULD HAVE BEEN REASONABLY FORESEEN BY SAS.
- (d) In no event shall SAS' liability for damages of any kind, including direct damages, exceed the amount the Customer paid for the Course under the applicable Joining Instructions.
- (e) The limitations in this clause do not include limitations of liability for personal injury or death, fraud or for any other liability that cannot be excluded by law.
- Governing Law This Agreement shall be deemed to have been entered into in and shall be governed by the laws of England. The parties agree to use all reasonable endeavours to mutually resolve any dispute arising under this Agreement. Failing those endeavours, the parties agree to the exclusive jurisdiction of the courts of England for resolution of any dispute under this Agreement.
- Severability If any part of this Agreement is held unenforceable or invalid, the remaining provisions shall remain in full force and effect.
- Waiver Failure by either party to enforce at any time, or for any period of time, any provision of this Agreement will not be construed as a waiver of such provision and will in no way affect either party´s right to later enforce such provision.
- Complete Agreement The Customer and SAS agree that they have read this Agreement, understand it, and agree to be bound by its terms and conditions. It is further agreed that this Agreement, the Joining Instructions, and invoices arising under them, constitute the complete and exclusive statement of the terms and conditions between the Customer and SAS covering the performance hereof and cannot be altered, amended or modified except in writing signed by an authorised representative of each party. This Agreement supersedes all communications, oral or written, between the parties relating to its subject.