Training and Examination Services Agreement
Effective Date: 6 April 2020 (next review date: 6 July 2020)
This Agreement (“Agreement”) is between JITI CO Limited (“JITI”) and you that apply to Training and Examination Services provided by JITI.
“You” and “Your” as used in this Agreement shall mean you individually and the entity on whose behalf you are obtaining the Training and Examination services.
You hereby acknowledge and agree to the Training and Examination Services upon your payment of the fees and your acceptance of this Agreement,
2. Scope of Training and Examination Services
The service types include the following:
(a) Classroom Training at designated location “Classroom Training 公開課堂 / 企業培訓”);
(b) Instructor-led online training (“Online Training 網上學習 ”);
(c) Pre-recorded audio/video training available over the Internet (“Digital Training 數碼化學習” ); and
(d) Certification Exams (“Exams”專業証書安排應考).
The Training and Examination Services may be conducted using this digital platform and/or designated location on the date specified by JITI and you that are mutually pre-agreed on the training plan.
3. Enrollment and Registration
You must have a computer device that is capable of connecting to the internet and a web browser (Internet Explorer 11, Google Chrome greater than 49 or the last two versions of Firefox, Safari and Edge)
You are prohibited from recording any JITI's provided training materials and may not permit a third party to do so.
6. Proprietary Rights.
JITI and its partners own and retain all right, title, and interest in and to the following:
(a) the training material
(b) all ideas, concepts, techniques, processes, know-how, modifications, enhancements, and derivative works that may be developed, conceived, or invented by JITI during the delivery under this Agreement; and
(c) all Intellectual Property Rights in and to the property described in clauses (a) and (b) above of this section.
The training materials are also protected under applicable copyright laws and your right to use the materials are limited to the Terms of Acceptable Use set forth in this Agreement. All rights not expressly granted in this Agreement are expressly reserved by JITI. You will not remove, obscure or alter any notice of copyright, patent, trade secret, trademark, or other Intellectual Property Right, or disclaimer in the materials.
7. Pricing and Payment
Prices will be those in effect on the date of enrollment. Prices do not include any expenses required by you to access the digital platform (for example, Internet access fees).You may request a change in the planned training date of the particular enrolled course and/or exams, provided it gives JITI sufficient notice and agrees to pay an admin fee HK$100. Payment should be made within 10 days after the training plan is mutually agreed.
Fees can be paid by
(a) Faster Payment System (via FPS ID) by online
(b) crossed cheque by mail
(c) credit card via Stripe
When settle the payment, please specify the Course Code and your Name
8. Cancellation and Refund
You are required to notify us cancellation prior to the planned training date; otherwise JITI will charge you an admin fee HK$100 and in addition; for cancellation as below.
(a) 50% of your total amount will be charged if you cancel before 7 days to your planned training date.
(b) 75% of your total amount will be charged if you cancel before 3 days to your planned training date.
(c) 100% of your total amount will be charged if No show or before 2 days to your planned training date.
This Agreement will terminate upon completion of the Training and Examination Services or upon cancellation. JITI may cancel the particular enrolled courses and/or exams if there are technical difficulties, or for any other reason. In such case:
(a) JITI will make reasonable efforts to notify you prior to the planned training date of the particular enrolled courses and/or exams; and
(b) JITI will only be responsible for refunding the fees for the particular enrolled courses and/or exams under this Agreement. In no event will JITI be responsible for your expenses.
10. Services Acceptance
The Training and Examination Services will be deemed satisfactory to you after the particular enrolled courses and/or exams have been performed, Within 10 days, You give JITI written notice of the respects in which the results do not meet the requirements or expected outcome together with the supporting evidence. Upon confirmation by JITI after investigation for the claim of inadequacy of the particular enrolled courses and/or exams, JITI's entire liability and you exclusive remedy will be for JITI to use its reasonable efforts to re-perform the particular enrolled courses and/or exams within a reasonable period of time; provided that if JITI is unable to re-perform the the particular enrolled courses and/or exams, JITI may elect to refund all payments actually received by JITI from you for the particular enrolled courses and/or exams deemed unacceptable, in full satisfaction of JITI's obligations (the net refund will minus other incur operating expenses).
11. Rights of Third Parties
This agreement shall not create or give rise to nor shall it be intended to create or give rise to, any third party rights. No third party shall have any right to enforce or rely on any provision of this agreement which does or may confer any right or benefit on any third party, directly or indirectly, expressly or impliedly. The application of any legislation giving rise to or conferring on third parties contractual or other right (including, but not limited to, the Contracts (Rights of Third Parties) ordinance) in connection with this Agreement is hereby expressly excluded. For the avoidance of doubt, nothing is this Agreement shall affect the rights of any permitted assignee of this Agreement.
12. Change to this Agreement
JITI may revise the Agreement from time to time. You are agreeing to be bound by the then current version of the agreement.
13. Governing Law and Jurisdiction
This agreement shall be governed by the laws of Hong Kong. You and JITI CO Limited irrevocable agree that the courts in Hong Kong shall have exclusive jurisdiction to settle any disputes or claim (where contractual or non-contractual) arising out of or in connection with this Agreement, its subject matter or formation.