Terms and Conditions - SAS UK and Ireland

Public Schedule Courses (the "Agreement")

Important: Please carefully read the following terms and conditions. By accepting training from SAS, you agree to these terms. If you do not agree to all of the terms of this Agreement, please contact your local Education Administrator.

In exchange for payment of the fees and any applicable taxes arising under this Agreement, SAS Software Limited ("SAS") will provide training courses (the "Course(s)") to the Customer, subject to the following terms:

1. 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 your local SAS office, either via a post, fax, or via the SAS Education website, and SAS has sent the delegates confirmation of their Course booking in writing in the form of "Joining Instructions" before the Course commences.
2. Payment Terms The Course fee must be paid in full prior to the Course start date. If Course fees are not paid on time, SAS reserves the right to allocate the Course place to another delegate. All transfer charges must be paid for on receipt of invoice.
3. 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.
4. Course Prices
   • Public Course prices exclude VAT but include all printed course materials, lunch, refreshments and are as published in the current SAS Education Brochure and on the SAS Education website.
   • SAS reserves the right to modify published Course prices at its sole discretion and without prior notification.
5. Transferring Courses If a delegate wishes to transfer a booking within fifteen (15) 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 delegate fails to attend, the full Course fee remains payable.
6. Cancelling Courses All cancellations of Course bookings must be made more than fifteen (15) working days prior to the start date of the Course. If a booking is cancelled within the fifteen (15) working days prior to the Course start date, or the delegate fails to attend, the full Course fee remains payable.
7. Changing Delegate Details There will be no charge if a substitute person from your organisation replaces the original delegate on the same date and course. Please contact your local SAS Education office to confirm any change.
8. Course Applications SAS reserves the right to decline the application of any delegate without prior notification.
9. Cancellation of Courses by SAS SAS reserves the right to cancel a Course at any time without liability. In these circumstances, delegates will be offered an alternative date, a Course voucher or a full refund of Course fees paid.
10. 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 delegates when this is the case and may offer alternatives. Where necessary, the instructor will add appropriate, additional reading material.
11. Confidentiality The Customer will implement reasonable measures to prevent SAS' inadvertent access to confidential information. SAS agrees to use reasonable endeavours to prevent any confidential information received in connection with and related to the Event(s), which is clearly marked or designated at the time of disclosure as "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:
    • (1) generally available to the public;
    • (2) released by the Customer without restriction;
    • (3) independently developed or acquired by SAS;
    • (4) known to SAS prior to receipt from the Customer; or
    • (5) revealed pursuant to court order or process of law. SAS will use reasonable endeavours to give the Customer 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." SAS' privacy statement can be found at www.sas.com/privacy.html
12. Copyright
    • (a) The Course material is the exclusive copyrighted property of SAS. None of the Course material may be reproduced, republished, distributed, posted, sold, or transferred. SAS' Copyright extends to all electronic or supplementary materials provided as part of a Course.
    • (b) Course notes are available only for attendees and are provided on the first day of a course. Course notes are not available prior to the course.
13. 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 SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, RELIANCE, OR EXEMPLARY 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.
    • (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.
14. 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.
15. Severability If any part of this Agreement is held unenforceable or invalid, the remaining provisions shall remain in full force and effect.
16. 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.
17. 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.