General terms and conditions SAS Education

These general terms and conditions of SAS Education apply to courses provided by SAS Institute B.V., Flevolaan 69 (1272 PC), Huizen, the Netherlands (hereinafter “SAS”), registered at the Chamber of Commerce in Hilversum, the Netherlands under number 32043244.

“Customer” or “You” means the person or legal entity that registers the course and/or any learner.

1. Course registration and cancellation

1.1 Registration for regular courses can be taken over the telephone or by e-mail. This results in a provisional registration which will be held for a maximum period of five (5) working days. A registration for a course is confirmed once an online registration form has been completed and received by SAS either via post or via the SAS Education website, and SAS has sent a confirmation of the registration in writing in the form of an e-mail before the course commences. In the event that Customer requires that certain purchasing details are specified on SAS’ invoice, Customer must provide such purchasing details together with its registration for the course to SAS.

1.2 Registrations for regular courses may be cancelled at no cost no later than ten (10) working days prior to the start date of a regular course, which cancellation must be made in writing. Cancellation of a company-specific course must be made in writing no later than fifteen (15) working days prior to the start date of the course. If the course cancellation is not made within the abovementioned term, the full course fee remains payable. There will be no additional charge if a substitute learner from the same Customer replaces the original learner on the same date and course. SAS must be notified as soon as possible if any such changes are made.

1.3 SAS reserves the right to cancel a regular course due to a shortage of learners or in the event of sickness of a teacher at any time without incurring any liability.

2. Fees and payment

2.1 Fees for regular courses can be found at the course calendar. The fees mentioned are including course material, breakfast, lunch, drinks and refreshments. SAS also provides company-specific courses. The applicable fees for such company-specific courses are determined by course content, estimated preparation time, course duration and location. If a company-specific course is agreed with a Customer whereby the course is provided at the Customer’s site, Customer will furnish all necessary materials, reference documentation, tools and equipment to SAS.

2.2 The fee for a course is invoiced upon completion of the course. The invoice amount is due net thirty (30) days from invoice date, and payment needs to made by stating the invoice number. In the event of late payment, you are considered to be in default by operation of law and you owe SAS the then-current Dutch statutory interest on the outstanding amount as of the time that the invoice has become due without any notice of default being required.

2.3 SAS reserves the right to change or revise course fees at any time.

2.4 All fees are excluding VAT.

3. Course materials

3.1 The course materials are the exclusive copyrighted property of SAS under applicable copyright law. Ownership of all documentation and all intellectual property rights are vested in SAS at all times. SAS and all other product- and servicenames of SAS Institute are trademarks or registered trademarks of SAS Institute Inc., Cary NC, USA.

3.2 The course materials are provided for personal use by the learner only in order to support the course and enrich your knowledge. It is prohibited to reproduce, distribute, republish, post, sell or transfer the course materials at all times.

4. Confidentiality

4.1 Each party will implement reasonable measures to prevent the other party’s inadvertent access to confidential information. Confidential information is defined as information which is clearly marked or designated at the time of disclosure as “Confidential”, is confidential by its nature or of which the confidential nature can reasonably be inferred (“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) 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.
- Released 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”.

4.2 SAS may collect any Personal data (as defined by the Dutch Data Protection act, as amended from time to time) or any other information related to your registration as obtained by SAS via the registration form, and use such information for making offers for certain products and services. This Personal data and other information will be treated in accordance with SAS’ privacy statement

5. Warranty and Liability

5.1 SAS warrants that the courses are provided by qualified teachers. The exclusive remedy for breach of this warranty is refund of fees paid for the course(s) at issue. SAS disclaims all other warranties, express or implied, with respect to the course(s) provided pursuant to this Agreement or the results obtained, including without limitation any implied warranties of merchantability or fitness for a particular purpose, or arising as a result of custom or usage in the trade or by course of dealing.

5.2 SAS is not liable for any loss of profits or for indirect or consequential damages, either in contract or tort, whether or not the possibility of such damages was disclosed to SAS or could have been reasonably foreseen by SAS.

5.3 In no event shall SAS’ liability for damages of any kind, including direct or transactional damages, exceed the amount the Customer paid for the course at issue.

5.4 The limitations in this clause do not include limitations of liability for personal injury or death, or for fraud.

6. General

6.1 This Agreement shall be deemed to have been entered into and shall be governed by Dutch law. 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 the Netherlands for resolution of any dispute under this Agreement.

6.2 If any part of this Agreement is held unenforceable or invalid, the remaining provisions shall remain in full force and effect.

6.3 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.

6.4 You agree with the following, and in the event that your employees register for participation in a course of SAS under your name you inform them that they will have to agree with the following, in order to be authorized to participate in the course: “In order to be provided with access to the location of the course (hereinafter referred to as: the “Premises”) you hereby waive all claims against SAS and the owners of the Premises  (if SAS is not the owner) and their offices, directors, employees and agents  (hereinafter referred to as : the ”Released Parties”) for loss, theft, destruction or damages to property, including but not limited to company property or personal property from you and your employees, agents, guests, attendees or representatives in, at or near the Premises, and for injury to you or your employees, agents, guests, attendees or representatives in, at or near the Premises. The Released Parties are not responsible for the safety of you and your employees, agents, guests, attendees or representatives, or their company property or personal property during the presence in, at or near the Premises. This clause does not apply to damages directly caused by the willful misconduct of the Released Parties.“

6.5 This Agreement constitutes the complete and exclusive statement of the parties about the courses provided, which supersedes all prior communications relating to its subject matter. Additional or conflicting terms on any current or future Customer purchasing documents are rejected. This Agreement can be modified only in an amendment that specifically references this Agreement and is signed by an authorized signatory of each party.

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