Terms & Conditions - 01/Jul/2018
In these Conditions the following expressions shall have the following meanings:
• “OpenSIPS” means OpenSIPS Project.
• The “Client” means the person, company or other legal entity identified as providing a request to OpenSIPS to supply Services.
• “Services” means the goods or services to be provided by OpenSIPS to the Client under the terms of the contract and “Services” shall be construed accordingly.
• “Confirmation Date” means the date when all the following apply:
- A request to supply Services has been received from the Client by OpenSIPS
- OpenSIPS has confirmed to the Client that the course or other Services requested are available and the price is correct.
- Payment has been received or alternative payment method agreed.
• “Contract” means the contract between OpenSIPS and the Client under which the Services are to be supplied by OpenSIPS to the Client.
• “Training Provider” means the company delivering a course when this is not OpenSIPS.
• “Working Day” means every day of the week apart from Saturday, Sunday and statutory holidays. “Month” means a calendar month. “Week” means seven consecutive days.
• “Intellectual Property” includes all training materials, course manuals, inventions, patent applications, granted patents, registered and unregistered designs, copyright works, trademarks and confidential information.
The price payable for the Services shall be the list price of OpenSIPS at the Confirmation Date unless otherwise stated.
OpenSIPS reserves the right to increase the price from that advertised on the website or in other forms at our discretion and for any reason prior to the course commencement. Where this affects the price payable by the customer and the customer has made payment of the previous advertised price (not including Purchase Orders and Reservations) and does not wish to proceed at the increased price a full refund will be payable.
The price does not include travel, accommodation, meals or other related expenses unless explicitly stated.
All prices are exclusive of Value Added Tax and this will be charged at the appropriate rate.
3. Terms of Payment
Where the Services relate to the provision of a training course, payment by credit card, debit card or bank transfer is required no later than 10 Working Days before the course start date. Special arrangements may be separately agreed in the case of late bookings.
Where Services involve other services or goods, payment is required 5 Working Days prior to delivery or as otherwise agreed in writing. OpenSIPS is entitled to charge interest at 2% per Month or part thereof on overdue payments. Where pre-agreed by OpenSIPS on Training payment may be agreed by Purchase Order. Where payment by Purchase Order is agreed these Terms and Conditions shall remain in full force and no variation to these Terms and Conditions is accepted by OpenSIPS on Training whether detailed by the Customer within the Purchase Order or by another means without specific acceptance by OpenSIPS on Training in writing. Where agreement has not been provided in writing any additions or variations to these Terms and Conditions shall be null and void.
4. Training Courses
The contents of course schedules are intended for general guidance only and do not form any part of a contract. OpenSIPS reserves the right to make any reasonable variations to public and in-house courses, including the content and location of the courses, without notice.
The indication of course availability and location shown on the OpenSIPS website is for general guidance and does not form any part of a contract. Please contact OpenSIPS before making any travel or accommodation arrangements as OpenSIPS will not be liable for any action that you may take in reliance on the information.It is the responsibility of the Client to ensure that the delegates meet the prerequisites of the course on which they are booked, and that the course content meets their requirements. OpenSIPS will perform the Services with reasonable skill and care. Any other conditions or warranties whether express or implied as to the quality of the Services are hereby expressly excluded. Unless otherwise indicated, all courses are delivered solely in English and all delegates must be sufficiently proficient in English language before attending a course. For courses not exclusive to one Client, OpenSIPS and its Training Providers reserve the right to refuse admission to the training premises by any person whom they consider in their absolute discretion to be unsuitable for admission onto the training premises or to remove any such person after the commencement of a course.
5. Cancellation, Transfers and Substitutions with respect to Training Courses
OpenSIPS reserves the right to cancel or arrange an alternative date for a course. In such circumstances OpenSIPS will endeavour to provide notice of cancellation or change to the Client. In the event of cancellation the Client will be entitled to a full refund of the course fee but OpenSIPS shall not be liable for any other loss or expense arising.
The Client may cancel the course booking by notifying OpenSIPS in writing by acknowledged email or by recorded delivery as soon as reasonably practicable. The Client shall also be deemed to have cancelled the course booking if the delegate does not attend the event. The Client shall be liable to pay a cancellation fee as follows:
Public Scheduled Courses:
Number of Days Notice
Proportion of Course Fee Payable
0 – 15 Days
16 – 25 Day
OpenSIPS’ total liability for any loss or damage shall not exceed the price payable for the Services, except in cases of direct physical damage to the Client’s property, personal injury or death. OpenSIPS shall not be liable howsoever caused for indirect or consequential loss including but not limited to: loss of profits; loss of revenue; loss of goodwill; loss of data; failure to achieve savings.
7. Force Majeure
OpenSIPS shall not be in breach of this contract if there is any total or partial failure of performance by it of its duties and obligations under this contract occasioned by any act of God, fire, act of government or state, war, civil commotion, insurrection, embargo, prevention from or hindrance from obtaining any raw materials or energy, sickness or other cause beyond its reasonable control. If OpenSIPS is unable to perform its duties and obligations under this contract as a direct result of one or more such causes OpenSIPS shall give written notice to the Client of such inability stating the cause in question.
8. Data Protection and Confidentiality
The policy of OpenSIPS with respect to data protection is detailed in these Terms and Conditions and its Privacy Notice which should be read in conjunction with these terms and conditions of contract.
All Intellectual Property associated with training courses or other Services shall remain vested in the owner be it OpenSIPS. Intellectual Property which is identified as, or can reasonably be deemed to be, confidential shall not be copied or reproduced or disclosed to any third party without the prior written consent of OpenSIPS. The Client shall ensure that its employees and all those under the Client’s control and supervision comply with this obligation.
The Contract shall only become effective at the Confirmation Date.
Any typographical clerical or other error or omission in any sales literature, administrative documentation, course materials, invoice or other document or information issued by OpenSIPS or its Training Providers shall be subject to correction without any liability on the part of OpenSIPS. No variation to these Terms and Conditions shall be effective unless made in writing and signed by an authorised representative of OpenSIPS.
OpenSIPS may assign or sub-contract the whole or any part of the Contract to any person, firm or company.