Applicability: These Terms and Conditions of Service (“Terms and Conditions”) are the terms and conditions under which Triple Phase Training shall provide training courses, whether online or instructor-led as described in each Service Agreement (“Agreement”) executed by the parties. The Terms and Conditions and Agreement are collectively referred to as the “Registration Documents.” These terms and conditions also govern your use of the website. Please read them carefully before booking any training modules or courses from the website. By booking our training you agree to accept without modification the Terms and Conditions below. By viewing and using this website you are deemed to consent to and accept these Terms and Condition.
- Changes to these Terms and Conditions
We reserve the right to change these Terms and Conditions at any time. Any changes are effective immediately upon posting to the website. Your continued use of the website constitutes your agreement to such Terms and Conditions.
- Your Status
To book either an online or instructor-led training course, you must be at least 18 years old and be legally capable of entering into binding contracts.
- Availability of Training Courses
Any booking placed through this website or with the office is subject to there being availability of the training or trainer for this training. We reserve the right to decline to supply any individual or company, or to refuse any booking for a training course.
Payment can be made by either credit card, electronic fund transfer, bank draft, or check. Cash payments are not acceptable.
Credit Terms and Conditions
- Individual Bookings
For an online course, payment must be made in full before an individual can begin the course or module. For an instructor-led course, a deposit of $500 must be paid before the course is considered booked. The remaining amount due must be paid in full two weeks prior to the start of the course.
- Company Bookings
For an online course, payment must be made in full before beginning the course or module. For an instructor-led course, a deposit of $500 must be paid before the course is considered booked. The remaining amount due is payable upon receipt, and must be paid in full no later than 30 days after course completion.
- Course Cancellation
Any cancellation shall be made within 24 hours of booking. Any cancellation made after 24 hours will be subject to a forfeiture of any deposits made. Cancellations must be made through email: [firstname.lastname@example.org] No refund will be made to students who fail to attend classes, who do not complete the course, or do not pass the required examination(s).
- Course Transfers/Substitutions
Companies and individuals may substitute students at any time prior to the start of the course without additional payment as long as such students meet course pre-requisites.
We reserve the right to cancel or re-schedule any course at any time. In the unlikely event of cancellation, deposit(s) will be refunded. We also reserve the right to reschedule the start dates of all courses and, if necessary, to vary the content. Except where expressly stated, all deposits and fees are non-refundable. While every effort has been made to ensure the accuracy of the information on the website, it may be subject to later alteration or amendment in the light of policy changes, course updates or other constraints.
- Fees and Payment
Client agrees to pay all fees specified in each Agreement. Invoices are payable upon receipt and must be paid in full no later than 30 days after course completion. Client shall be responsible for all applicable taxes arising from the services. Unpaid invoices will be subject to a monthly service charge which is the lesser of one and one-half percent (1½%) per month or the highest rate allowed by law.
Credit Card Policy
Triple Phase Training reserves the right to charge an additional three percent (3%) for all credit card payments. When Client chooses to pay for any course in full by credit card, all fees will be charged within 24 hours of booking. For instructor-led courses only, when Client chooses to provide Triple Phase Training with a purchase order and Triple Phase Training invoices client after course completion, a payment by credit card will be subject to an additional fee.
- Cancellation and Refund Policy
Any cancellation shall be made within 24 hours of booking. Any cancellation made after 24 hours will be subject to a forfeiture of any deposits or fees paid. Cancellations must be made through email: [email@example.com] No refund will be made to students who fail to attend classes, who do not complete the course, or do not pass the required examination(s). At any time in advance of a course, you can substitute the name of the attendee for another name, without charge as long as such students meet course pre-requisites. We reserve the right to cancel any training course. We shall not be required to provide any reason for such a cancellation. In that event you will be entitled to a full refund of all fees and deposits paid.
- Liability and Disclaimer
Triple Phase Training shall have no obligation with respect to any warranty claim. TRIPLE PHASE TRAINING MAKES NO WARRANTIES, CONDITIONS OR UNDERTAKINGS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OR ANY WARRANTIES REGARDING THE PERFORMANCE OF ANY SOFTWARE OR TRAINING METHODS PROVIDED BY TRIPLE PHASE TRAINING. We provide the courses without any warranties or guarantees. In particular, we do not warrant that the website or any of its contents are virus free. You must take your own precautions in this respect, as we accept no responsibility for any infection by virus or other contamination or by anything, which has destructive properties. Although we do our best to provide constant, uninterrupted access to the website, we do not guarantee this. We accept no responsibility or liability for any interruption or delay. The website provides content from other sources and while we try to ensure that material included on the website is correct, we cannot accept responsibility if this is not the case. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INTERRUPTION OF SERVICES, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, OR LOSS OR INCREASED EXPENSE OF USE), WHETHER IN AN ACTION IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR STRICT LIABILITY, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES. TRIPLE PHASE TRAINING SHALL NOT BE RESPONSIBLE FOR PROBLEMS THAT OCCUR AS A RESULT OF THE USE OF ANY THIRD-PARTY SOFTWARE OR HARDWARE, TRAINING TECHNIQUES, OR MISUSE OF INFORMATION.
- Use of Material on the Website
For the purposes of this agreement, “material” includes without limitation, text, video, graphics and sound material, published on the Site. You are not allowed to download or print extracts from the material and make copies of these at any time. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the Site. You must not reproduce any part of the Site or the material or transmit it to or store it in any other website or disseminate any part of the material in any other form, unless we have indicated in writing that you may do so. Any manuals or other paperwork that is provided in the instructor-led courses is for the use of the students that attend the class only and is not to be copied, reproduced, or disseminated in any way for the use or knowledge of others.
- Third Party Advertising on the Website
You may see advertising material submitted by third parties on the Site. Individual advertisers are solely responsible for the content of advertising material, which they submit to us, including ensuring that it complies with relevant legislation. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy.
- Disputes; Governing Law; Arbitration; Attorney’s Fees
(a) Choice of Law. Nevada law, without regard to its conflict of laws principles, shall govern and enforce this Agreement, regardless of where the services are performed or parties reside.
(b) Negotiation. The Parties agree to enter in to negotiation to resolve any dispute. Both Parties agree to negotiate in good faith to reach a mutually agreeable settlement within thirty days or another reasonable amount of time as agreed by the Parties.
(c) Arbitration. If negotiations are unsuccessful in resolving any dispute, the dispute, except those within the exclusive jurisdiction of the Small Claims Court, shall be submitted to binding Arbitration applying the American Arbitration Rules unless the parties mutually agree otherwise in writing. The Parties intend this paragraph to be a self-executing arbitration clause.
(d) Mediation. Within 60 days after the initial filing arbitration, a person from each Party with sufficient authority to resolve the case, and their legal representative, agrees to meet in-person to mediate the dispute. No less than 10 days prior to the mediation, each party agrees to submit a brief statement of its position and a settlement offer to the opposing Party.
(e) Settlement Offer. Either Party may offer a written settlement proposal to the opposing party at any time that is valid for 15 days. The Prevailing Party is the Party who makes a Settlement Offer, and obtains an arbitration award or a Settlement Offer from the opposing Party that is equal to or exceeds its Settlement Offer. A Party who files a claim in Court, instead of according to the terms of this dispute resolution section, shall not be a Prevailing Party, even if it wins substantially all its claims in arbitration.
(f) Attorney’s Fees and Costs. Attorney’s fees and costs shall be awarded to the Prevailing Party. Costs shall be awarded to the Prevailing Party from the inception of the dispute. Attorney’s fees and costs shall be awarded beginning with the date the Prevailing Party made its Settlement Offer.
(g) Venue. Any mediation or arbitration shall take place in Clark County, Nevada. Parties waive any objection to personal jurisdiction and venue.
(h) Statute of Limitations. Except for a claim for amounts due, Parties mutually release each other for all legal claims that are not filed for arbitration within one year after the cause of action arose.
- Data Protection
All information received by us from your use of this website is private and is not shared with any third parties. We respect the value of personal information provided by you and such information is stored for internal use only.
- Resource Management and Personnel
TRIPLE PHASE TRAINING RESERVES THE EXCLUSIVE RIGHT TO IDENTIFY AND PROVIDE RESOURCES AT ITS OWN DISCRETION TO COMPLETE THE SERVICES. TRIPLE PHASE TRAINING CONSULTANTS WILL FOLLOW MEMBER POLICIES WHEN WORKING AT MEMBER FACILITIES SO LONG AS SUCH POLICIES DO NOT VIOLATE APPLICABLE STATE OR FEDERAL LAW. THIS INCLUDES BUT IS NOT LIMITED TO ISSUES SUCH AS DRESS CODE, WORKPLACE CONDUCT, AND SECURITY.
- Confidential and Proprietary Information
(a) Each party agrees that all know-how, business, technical and financial information it obtains (as a “Receiving Party”) from the disclosing party (as a “Disclosing Party”) constitute the confidential property of the Disclosing Party (“Confidential Information”), provided that it is identified as confidential at the time of disclosure or should be reasonably known by the Receiving Party to be Confidential Information due to the nature of the information disclosed and the circumstances surrounding the disclosure. Except as may be necessary to perform its obligations under the Registration Documents, the Receiving Party will hold in confidence and not use or disclose any of the Disclosing Party’s Confidential Information. The Receiving Party’s nondisclosure obligation shall not apply to information that: (i) was known to it prior to receipt of the Confidential Information; (ii) is publicly available; (iii) is rightfully obtained by the Receiving Party from a third party; (iv) is independently developed by employees of the Receiving Party; or (v) is required to be disclosed pursuant to a regulation, law or court order.
(b) Any templates, schematics, processes or technical documentation provided by Triple Phase Training shall be deemed Confidential Information and proprietary information of Triple Phase Training without any marking or further designation. Client may use such information solely for its own internal business purposes. Triple Phase Training shall retain all rights to the aforementioned, which shall be returned to Triple Phase Training upon termination of the applicable Agreement. (c) Triple Phase Training shall maintain the confidentiality of information in its possession regarding individual protected information in accordance with applicable law, and shall not release such information, to any other person or entity, except as required by law.
- Independent Contractor
Triple Phase Training and Client shall at all times be independent contractors. There is no relationship of partnership, joint venture, employment, franchise or agency created hereby between the parties. Neither party will have the power to bind the other or incur obligations on the other party’s behalf without the other party’s prior written consent.
No Agreement may be assigned by either party without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed. No consent shall be required where an assignment is made (i) pursuant to a merger or change of control or (ii) to an assignee of all or substantially all of the party’s assets. Any purported assignment in violation of this section shall be void.
- Complete Understanding; Modification
The Registration Documents, as well as any applicable terms of service posted at http://triplephasetraining.com/terms, shall constitute the full and complete understanding and agreement between Client and Triple Phase Training and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein, even where such negotiations, discussions or agreements were a material inducement for Client to engage Triple Phase Training to provide training services. Any waiver, modification or amendment of any provision of the Registration Documents shall be effective only if in writing and signed by both Client and Triple Phase Training.
- Waiver and Severability
Waiver or failure by either party to exercise in any respect any right or obligation provided for in the Registration Documents shall not be deemed a waiver of any further right or obligation hereunder. If any provision of the Registration Documents is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the Registration Documents shall continue in full force and effect.
- Force Majeure
Neither party shall be liable to the other for any delay or failure to perform any obligation under the Registration Documents (except for a failure to pay fees) if the delay or failure is due to unforeseen events which are beyond the reasonable control of such party, such as strikes, blockade, war, terrorism, riots, natural disasters, power outages, and/or refusal of license by the government, insofar as such an event prevents or delays the affected party from fulfilling its obligations and such party is not able to prevent or remove the force majeure at reasonable cost.
Any notice or communication required or permitted to be given under the Registration Documents shall be in writing and addressed to Triple Phase Training, Attn. Counsel, 6420 Schirlls Street, Las Vegas, NV 89118 and shall be deemed given: (i) upon receipt if by personal delivery; (ii) upon receipt if sent by certified U.S. mail (return receipt requested); or (iii) one day after it is sent if by next day delivery by a major commercial delivery service.
Regular business hours are Monday through Friday 8:00AM to 5:00PM Pacific Standard Time. After hours are any hours that do not fall within the regular business hours. Triple Phase Training is closed on the following Holiday Schedule: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving, Christmas Day.
By executing a Service Agreement, Client agrees to purchase the services designated above subject to the preceding Terms and Conditions of Service.
- Individual Bookings