1. Definitions and Interpretation
Where a Client orders standard / non-tailored Online Learning at a fixed price either as a standalone product or as part of a Bundle of components sold in one transaction, the provisions of these standard online terms and conditions ("Standard Online Learning Terms") shall apply.
For sales of bespoke or tailored Online Learning the Company’s bespoke online learning terms and conditions apply, located at:
https://www.qa.com/legal-privacy/tcs/bespoke-online-learning ("Bespoke Online Learning Terms")
By agreeing to these terms and conditions for the use of the Company’s standard online content (eLearning, digital learning, video and other learning courses or content delivered electronically) the Client is entering into an Agreement comprising these terms and conditions and the Company’s general terms of business located at:
https://www.qa.com/legal-privacy/tcs/general/ (the "General Terms"),
Defined terms used in these standard online terms and conditions shall, unless the context otherwise requires, have the same meaning as terms defined in the General Terms.
2. Period of Validity
a. Online learning courses are valid for twelve (12) months unless specified elsewhere in a BF, PA, SLA or TDPA.
b. The Client may only use the components within a Bundle during the valid period which is between the Agreement start date and its anniversary.
c. Any components within a Bundle that remain unused on the anniversary of the Agreement start date will expire and shall be deemed used.
3. Non Transference and Modifications
a. Online learning is allocated to a particular named individual by the Client and such allocation once made cannot be transferred to any other named individual or Client. Accordingly, Clause 7.d. of QA’s Standard Terms and Conditions shall not apply.
b. The Company’s standard online learning products are not customisable in any way and The Client may not modify the components within their Online Learning nor exchange components within their online learning for any other components.
4. Terms of Payment
a. Unless specified elsewhere in a BF, PA, SLA or TDPA, full payment is required before access to any elements or components of the online learning is provided.
5. Intellectual Property
a. Unauthorised sharing, copying and reproduction of the Company’s Online Learning content is strictly prohibited and the Company reserve the right to recover; loss of revenue, loss of profits and all other costs (including all legal cost) incurred in the enforcement of this clause.
b. Each party agrees that money damages alone would not be an adequate remedy for the breach of the provisions of clause 5a above and the Company shall be entitled to seek any legal remedy or relief to prevent any breach, or anticipated breach, by the Client or their delegate as is deemed proper by a court of competent jurisdiction. This right shall be in addition to the Company’s other rights in law or in equity.