General Terms and Conditions for Training Services
Subject matter, conclusion of the Agreement
1.1 These general terms and conditions of business apply for all training and certification programs delivered by Soil Groundwork a division of Consilium Coaching & Consulting Services Ltd (subsequently referred to as Soil Groundwork).
1.2 Only these general terms and conditions of business apply. Terms and conditions of business of those receiving training or taking a certification examination (subsequently referred to as participant) do not apply, even if not explicitly stated by Soil Groundwork. The terms and conditions presented in this document also apply if Soil Groundwork knowingly renders services due that are in conflict with the participant’s terms and conditions of business.
1.3 Participants must register in advance to take part in Soil Groundwork trainings or certification exams. Registration consists of filling out a form, either by hand or online, that is provided by Soil Groundwork. Registration also includes selecting the training session the participant intends to attend or the respective certification exam. The current Soil Groundwork Training Course Catalog provides a list of training services and certification examinations offered by Soil Groundwork.
1.4 Registration for a course assumes the participant’s approval for the course price listed.
2.1 Soil Groundwork is responsible for conducting training or for contracting a third party to conduct training and is free to choose any consultant for such purposes. Soil Groundwork is entitled to transfer the duties of the Agreement to a third party to perform and to change the contents of training sessions as long as the objective of the training is not compromised. Soil Groundwork may cancel training, change the date or time of training or designate the training location with advance notice.
2.2 Soil Groundwork will make every effort to provide the participant with all important knowledge during training sessions, as per the training plan and the current training documents.
2.3 Soil Groundwork will conduct training via its own website. Training is to be conducted during the dates specified by Soil Groundwork and confirmed by the participant by the act of registration.
2.4 Participants will receive a certificate confirming participation upon completion of training.
3.1. The price of one certification examination entitles one participant to take one certification exam, independent from the result of the respective test.
3.2. Before the examination, the participant must identify himself or herself by signing on online with a verified user id and password.
3.3. Within 24 hours after the end of the examination, Soil Groundwork will inform the participant of the examination results.
3.4. After passing the examination, the participant will receive the Soil Groundwork Certification Kit (certificate, digital logos) by mail within three weeks.
3.5. After a successful certification exam, the participant has the right to use the Soil Groundwork Certified title and logos for a period of two years. This time can be prolonged only by successfully passing another certification examination.
Compensation and terms of payment
4.1 Costs covered by the participant will be specified in writing during course registration and will include additional sales tax as required by law. The Soil Groundwork price list in effect at the time of conclusion of the Agreement will apply.
4.2 All fees are due upon registration and must be paid before registration is considered accepted. Sales tax as required by law will be included in all prices and indicated during registration.
Termination by Soil Groundwork
5.1 Soil Groundwork is entitled to terminate a scheduled course if excess or insufficient registration cannot guarantee proper or economically feasible training or certification. Soil Groundwork is also entitled to terminate the Agreement due to instructor illness, technical reasons, or other reasons beyond Soil Groundwork’s control.
5.2 Before exercising this right to termination, Soil Groundwork will make every effort to reschedule training or certification examination, with the participant’s consent. In case of rescheduling, the Agreement will remain in effect and will be amended with the consent of both parties. If the parties cannot agree on the amendment to the Agreement, the Agreement will be terminated, and any fees paid by the customer will be reimbursed.
Termination by the customer
6.1 If the participant is unable to attend, the customer is entitled to designate another representative from his/her company to participate in the training or certification before the training begins. The client will incur no additional costs.
6.2 The participant is entitled to terminate the Agreement via written notice at any time. A full refund will be provided if the Agreement is terminated 24 hours or more prior to the scheduled course.
6.3 The participant must pay 100% of the costs if he/she terminates the Agreement within 24 hours of the first day of training or before the certification examination.
6.4 If the participant wishes to change the training date set in the Agreement without canceling the entire Agreement, Soil Groundwork must receive written notice at least 5 business days before the first day of training. The participant will incur no additional costs, and the Agreement will be amended with consent of both parties. If Soil Groundwork receives such notice within 24 hours of the first day of training or the certification exam, the participant must pay Soil Groundwork 50% of the agreed upon costs as a processing fee.
6.5 Rights to further claims are reserved by Soil Groundwork. This especially concerns cancellation costs for travel already booked to the customer’s premises or to any other agreed-upon location.
Right to training documents, software
7.1 All training documents are intended for the exclusive personal use of the participant.
7.2 The participant recognizes Soil Groundwork’s copyright and therefore the exclusive distribution rights and right of use of training documents and software.
7.3 Soil Groundwork gives the participant the single and non-transferable right to use training documents and software for purposes stipulated in the Agreement. The right to use training software is limited to the length of the training session and is automatically rescinded following completion of training. Soil Groundwork is not required to provide notice of this rescission. The participant may only use training software on the training premises. The participant is not allowed to reproduce the training software and documents, in particular to process them in electronic systems, duplicate, or modify them in any way, or distribute them in any form to third parties. All embedded knowledge and teaching systems provided by Soil Groundwork to the participant on data storage media or made available on electronic networks are considered training documents.
7.4 In addition, the participant recognizes all of Soil Groundwork’s brand, trademark, name, and patent rights to the software and related documents. The participant may not remove, modify, or render unrecognizable copyright indications or indications of property rights.
8.1. The participant is obligated to keep confidential all business and company secrets made known to him/her during training. This obligation is not limited to the training period. The participant may not share these with a third party or use them for his/her own purposes without written permission from Soil Groundwork.
8.2 The participant may not conduct any internal or external training or certification exams on Soil Groundwork products.
9.1 Soil Groundwork is only liable to the participant, regardless of legal grounds, for willful misconduct or gross negligence on the part of Soil Groundwork itself or its employees.
9.2 Soil Groundwork is only liable for slight negligence if provisions of the Agreement, which have a particular importance for achieving the purpose of the Agreement and can therefore be considered to be fulfilled, are violated. In this case, liability for damages, consequential harm caused by a defect, not specified in the Agreement is excluded. Liability is limited to the amount specified in Soil Groundwork’s liability insurance for one single case of damage.
9.3 Contractual claims for damages by the participant against Soil Groundwork are subject to a limitation period of six months from the date on which the right arose, notwithstanding shorter legal limitation periods.
9.4 Due to the current technology, access to the server with teaching materials cannot be guaranteed at all times. Soil Groundwork is not liable if access is not available for short periods of time.
9.5 In the case data loss, Soil Groundwork is only liable for the costs of necessary reconstruction from back-up copies.
10.1 The participant must obtain prior written permission from Soil Groundwork to transfer all rights stipulated in the Agreement.
10.2 The law of the province of Ontario in Canada applies for all claims arising from the Agreement.
10.3 Changes and supplements to these terms and particularly warranties and agreements must be specified in writing to serve as point in controversy. Oral agreements are not valid.
10.4 This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario.