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Group Training Service Terms
(Rev. May 18, 2022)
The terms in this document are applicable to the group training service provided by DQS Management Systems Solutions (HK) Ltd (registered in Hong Kong and hereinafter referred to as DQS) to the Buyer (as stated in the quotation or purchase order).
1. Regarding the training service provided by DQS to the Buyer, both parties agree with the contract terms hereinafter. The specific training courses are defined in the quotation or purchase order agreed by both parties.
2. PROVISION OF THE SERVICES
2.1. The planned or confirmed training courses are subject to adjustment or cancellation, depending on the weather, tutor’s physical fitness, or other unexpected situations.
Details of adverse weather arrangements : Please click.
2.2. The confirmed, adjusted, or cancelled training courses will be informed by DQS via email to the email address provided by the Buyer.
2.3. Unless otherwise specified, the training materials and exam paper (if applicable) will be provided for printing by Buyer, which are for use by the registered participants during the course only. The training materials and exam paper will remain property of DQS, of which unauthorized copy or transition is not allowed.
2.4. The tutor may adjust some course contents as appropriate during the training deliveries.
2.5. The Buyer will provide the venue with necessary facility for training, such as tables, projector, electrical power, printer, paper, and pens.
3. SERVICE FEES
3.1. The service fees and payment methods are specified in the quotation or purchase order agreed by both parties.
3.2 After the delivery of certain or all service items, DQS will issue invoice to the Buyer. The Buyer will pay the associated service fees within 30 days from issuance date of invoice.
3.3. The Buyer shall pay the service fees to the bank account in HK as designated by DQS. The associated taxes or surcharges to pay out of Hong Kong will be the liability of the Buyer, unless otherwise agreed in writing.
3.4 The invoices issued by DQS will be ordinary invoices without tax. If any taxes or surcharges to pay locally shall be added into the invoice amount, the Buyer can communicate with DQS in document in advance.
3.5. The paid training fee is not refundable unless cancellation of course by DQS. If DQS fails to deliver a confirmed course due to certain reason, the Buyer agree that DQS has no liability other than refunding the training fees received for that course.
3.6 If the Buyer fails to pay any service fee when due, DQS, at its discretion, may enforce its rights or pursue remedies to collect or recover any outstanding amount. DQS is entitled to employ agents or service providers for such purposes. The Buyer is required to indemnify and reimburse DQS for all reasonable amounts of costs (including legal fees) and expenses reasonably incurred by DQS for such purposes.
4. EXAM AND CERTIFICATES
4.1. For a course with exam in paper, one retake can be offered for free within 7 calendar days after lecturing training end day. A certificate in pdf format will be provided after the trainee passes the exam.
4.2. For a course with online exam, two retakes can be offered for free within 7 calendar days after lecturing training end day. An online certificate will be available for immediate download after the trainee passes the exam.
4.3. The training certificates will remain property of DQS until full-payment is received and other applicable terms are met.
5.1. The Buyer agrees that DQS does not need to hold responsibility for any loss from the use of training materials, knowledge, or advices from the training courses.
5.2. The other direct and indirect compensation caused by a training service will not exceed the training fee actually received from that specific training sub-item.
6.1. The Contract will take into effect on mutual signing date and will terminate when all of the Services provided for in this Agreement are completed. If one party doesn’t have capability to complete the contract, both parties can negotiate to terminate it before its completion.
6.2. In case that certain service items are not completed due to certain reason, it does not change the payment and other liabilities from the delivered service items.
Both Parties , including its employees, agents, consultants, contractors and subcontractors and carriers, shall ensure the confidentiality of this Contract in all of its aspects, not report, transfer to, or make available to third party, directly or indirectly, in whatever title and manner, information (like traning or exam materials) transmitted, acquired or resulting of the execution of this Contract, its annexes, except for the needs from service delivery or meeting regulations. This liability remains after the expiration of this contract.
8. DISPUTE SETTLEMENT
The dispute arising from violation of the contract or termination and failure of the contract is subject to friendly negotiation by both parties. If the negotiation fails, the dispute will be resolved by appealing to the court at the place of the counterparty.
9. Validity of contract and others
9.1. This document, together with the quotation or purchase order with reference to this document, constitute a completed service contract.
9.2 The service contract shall take effect after being signed by the authorized representatives of both parties or stamped with the company seals, on a quotation or purchase order with reference to this document. This service contract replaces the existing contract with DQS for the same training service, when applicable.
9.3. The service contract is based on English version, with Chinese version as reference.