Except as otherwise separately agreed in writing with Esri Canada Limited (“Esri Canada”), the following terms and conditions apply when you book any Esri Canada standard open enrollment instructor-led training course (“Open Enrollment Training”).
Section 1. General Requirements
1.1 Open Enrollment Training may be presented at an Esri Canada training centre or online.
1.2 To facilitate an effective learning experience, participants must meet the prerequisites for the applicable training course as set out on Esri Canada’s website.
1.3 Online Open Enrollment Training:
(a) Only registered participants are permitted to listen, view or participate in online Open Enrollment Training courses. Esri Canada reserves the right to disconnect any participants who permit access to anyone else.
(b) Prior to participating in an online Open Enrollment Training course, participants should ensure that all connection tests have been completed prior to the training course start time and that systems meet the minimum requirements as set out on Esri Canada’s website [PDF].
1.4 Open Enrollment Training at an Esri Canada Training Centre or Alternate Venue:
(a) All travel arrangements in connection with an Open Enrollment Training course presented at an Esri Canada training centre or alternate venue are the participant’s responsibility and should not be made until the training course that is being attended has officially been confirmed. Esri Canada assumes no responsibility for non-refundable travel arrangement losses resulting from training course scheduling changes or cancellations.
(b) Accommodation and meals are the participant’s responsibility.
1.5 Cancellation and Rescheduling of Training:
(a) Open Enrollment Training course cancellations must be received, in writing to email@example.com, at least 5 business days before the training course start date. If such notification is not provided, the customer is responsible for the full cost of the Open Enrollment Training course or where the customer has utilized its prepaid training funds, the full Open Enrollment Training course fee will be charged against the applicable prepaid training funds.
(b) Registration for Open Enrollment Training courses may be transferred between individuals within the same organization provided that written notification of the transfer is sent to firstname.lastname@example.org, at least 2 business days before the training course start date. Should a substitution occur without such notification, the customer may incur a transfer fee.
(c) Esri Canada strives to confirm all training courses; however, cancellations are sometimes unavoidable. Esri Canada will confirm or cancel each training course by contacting each participant.
1.6 Training Materials. The Esri Canada training materials and training sessions are subject to copyright. They must not be copied, recorded, transmitted, or otherwise reproduced or distributed by any means without the prior written permission of Esri Canada.
1.7 Other than non-conflicting deliverables descriptions, quantities, pricing and delivery instructions any terms contained in a customer purchase order or other customer ordering document will not apply and are of no effect. No such terms override these open enrollment training terms and conditions irrespective of the date of issuance of the purchase order or other customer ordering document or any performance or action by Esri Canada unless we expressly agree in writing.
Section 2. Prepaid Training Customers
2.1 Esri Canada’s invoice for prepaid training must be paid before a customer is permitted to register for an Open Enrollment Training course.
2.2 Prepaid customers can register and attend the available Open Enrollment Training courses utilizing their prepaid training program fee within 1 year from the date of Esri Canada’s applicable invoice.
2.3 The General Requirements (Section 1), Payment Terms (Section 4) and General Legal Terms (Section 5) of these terms and conditions will apply to your Open Enrollment Training.
Section 3. Enterprise Advantage Program (EAP) Customer
3.1 A customer who has entered into a binding agreement with Esri Canada for the provision of EAP offerings may utilize their available EAP credit consumption entitlements for Open Enrollment Training courses.
3.2 The binding agreement in place with Esri Canada for your EAP offering will also apply to any ordered Open Enrollment Training together with the General Requirements (Section 1) of these terms and conditions. Sections 2, 4 and 5 of these terms and conditions however do not apply.
Section 4. Payment Terms
4.1. The Open Enrollment Training course fee is charged (or applied in the case of prepaid training) by Esri Canada at the time of registration to secure a seat on the training course.
4.2 Applicable taxes also apply (GST, HST or QST depending on your province or territory).
4.3 If a tax exemption was claimed at the time of registration for the Open Enrollment Training course, it is the participant’s responsibility to provide proof of tax exemption status when requested.
4.4 Open Enrollment Training course fees may be subject to a price increase if additional instructor travel and/or venue costs apply.
4.5 Payment may be made using an authorized credit card at the time of registration or through Esri Canada’s Customer Care Department if an invoice is requested. Payment instructions are included on the invoice and must be made within 30 calendar days of customer’s receipt.
4.6 Invoices and receipts for payments are provided in electronic format to the primary contact on the Open Enrollment Training course registration.
Section 5. General Legal Terms
5.1 Limited Warranty and Disclaimer. Esri Canada warrants that the Open Enrollment Training shall be performed in a diligent and professional manner. This express limited warranty replaces all other warranties, including all implied warranties or conditions under law of satisfactory quality, merchantability, non-infringement and fitness for a particular purpose.
5.2 Limitation of Liability. Esri Canada's entire liability in connection with the Open Enrollment Training shall not exceed the total value of the Open Enrollment Training program fee paid or payable by customer to Esri Canada for such Open Enrollment Training.
5.3 No Liability for Consequential Damages. Esri Canada shall not be liable to the customer or any other person, in any way whatsoever, for any indirect, punitive, incidental, special, consequential or exemplary damages incurred in connection with the Open Enrollment Training.
5.4 Force Majeure. Neither Esri Canada or the customer will be liable for any failure of or delay in the performance of its obligations hereunder (except in relation to obligations to make payments) for the period that such failure or delay is due to causes beyond its reasonable control. Such causes may include, but are not limited to, an act of God, cyber-attack, natural disaster, major power outage or any other force majeure event.
5.5 Esri Canada reserves the right to review and update these Open Enrollment Training terms and conditions periodically.