Training Terms & Conditions.

TRAINING TERMS – In addition to OXYGEN FORENSIC STANDARD EULA

Order Cancellation or Modification. For instructor led training offered by Oxygen Forensics, a Virginia corporation (“Oxygen Forensics”), as provided on Oxygen Forensics’ website at https://oxygenforensics.com/en/training/    (“Our Training”), Buyer may (i) cancel an order for Instructor led Training or a portion thereof, or (ii) postpone or reschedule any attendance at an Instructor led Training for any attendee by providing Oxygen Forensics electronic written notice at least thirty (30) days prior to the start date of the applicable Instructor led Training. In the event of any order cancellation or modification for Instructor led Training received by Oxygen Forensics less than thirty (30) days prior to the start date of the applicable Instructor led Training, Buyer shall bear the proportion of Oxygen Forensics’ costs incurred set forth in the Schedule below, provided that Oxygen Forensics shall use reasonable efforts to mitigate such costs.. The Schedule of fees below is for Oxygen Forensics costs including, but not limited to, rental of location, travel, personnel, materials, shipping, and other costs. Notwithstanding the foregoing, in the event that Buyer has requested a private Instructor led Training, Oxygen Forensics shall only charge Buyer such costs described in Schedule below in the event that Buyer’s cancellation or modification is received by Oxygen Forensics less than forty-five (45) days before the start date of the applicable Instructor led Training and, in such event, Buyer shall be responsible for 100% of Oxygen Forensics’ incurred costs associated with such modification.

Oxygen Forensics may invoice Buyer at any time following an order cancellation or modification. Buyer may submit an order cancellation or modification to Oxygen Forensics by sending an email to [email protected]. Oxygen Forensics may, in its reasonable discretion, allow Buyer to substitute one attendee for another attendee if Buyer submits such request to Oxygen Forensics at [email protected].

Instructor led Training Specific Terms. Buyer must submit an order for Instructor led Training, and Oxygen Forensics must have received payment from Buyer therefor, at least fifteen (15) days before the earliest start date of an Instructor led Training for which Buyer is purchasing seats. Oxygen Forensics may, in its reasonable discretion, accept an order to purchase seats after such time frame, provided that Buyer may incur additional charges for costs borne by Oxygen Forensics, including, but not limited to, expedited shipping, last minute travel and lodging charges, additional Oxygen Forensics Certified Instructors/training company, and other reasonable costs, and Oxygen Forensics may use its reasonable efforts, but does not guarantee, to provide notifications to Buyer of the details of the Instructor led Training. For an Instructor led Training to proceed as scheduled, Oxygen Forensics, in its sole discretion, may set a minimum number of attendees. Oxygen Forensics may cancel an Instructor led Training for any reason, including if the minimum attendees for the Instructor led Training is not gathered. If Oxygen Forensics cancels an Instructor led Training, the cost of the Instructor led Training shall be refunded to Buyer upon a submission of such a request to [email protected], provided, however, that Oxygen Forensics disclaims all liability for any other possible costs and expenses.    Buyer should not purchase any travel for any attendee prior to receipt of confirmation that an Instructor led Training will take place.

Modification of an Instructor led Training. Oxygen Forensics may modify the location, start time, or other matters in relation to an Instructor led Training at any time by notifying Buyer thereof. If a venue is not suitable for delivery of the Instructor led Training, Oxygen Forensics may delay the Instructor led Training until such venue is suitable for delivery of the Instructor led Training. In such a case, Oxygen Forensics shall notify the Buyer.

International Instructor led Trainings. For any Instructor led Training that is not conducted in the United States of America, Buyer shall be responsible for providing appropriate assistance to Oxygen Forensics regarding entering the applicable country, including information about customs requirements, visa requirements, facilitating entry of Oxygen Forensics personnel and Products, import and export laws or regulations of the applicable country, ensuring use of Products and related training services complies with applicable laws and regulations in the applicable country, and other relevant matters. At Oxygen Forensics‘ request, Buyer shall act as consignee of Products that Oxygen Forensics seeks to import into the applicable country for an Instructor led Training if Buyer has any attendees attending the Instructor led Training. Oxygen Forensics is not responsible for any delay or cancellation to any Instructor led Training as a result of delays due to import or export of Products or visas for Oxygen Forensics personnel.

Certificates. Upon successful completion of an Instructor led Training by an attendee, Oxygen Forensics shall issue the appropriate Certificate to such attendee. Any Certificate shall be valid for two (2) years after the date it was issued. Any Certificate that is altered by or on behalf of Buyer shall no longer be valid, and Oxygen Forensics reserves the right to cancel any Certificate that has been altered at any time.

Online LMS Training Specific Terms. Upon enrollment of Buyer to the LMS, first access must be made within 45 days of purchase. For Online LMS programs that are based upon a period (e.g., 12- month, 6-month) access to the LMS system by the Buyer is based upon the first day of enrollment. No extensions to the Online training will be made to Buyer regardless of access. Should Buyer look to extend the course(s) a fee, at Oxygen Forensics discretion based upon courses accessed, will be assessed and sent to Buyer. For certification courses online as well as single courses purchased by Buyer access is limited to 30 days from enrollment. If Buyer cannot start the course within the 45 days of purchase Buyer must notify Oxygen Forensics immediately upon purchase so arrangements can be made. Upon starting the online course for single certification course or single LMS course(s), should a Buyer not complete the course in the allotted time period, an extension can be requested. Extensions shall only be granted if the Buyer is less than 60 days from the start of the course. This extension shall only be granted once, and for only 30 days.   If Buyer is over 60 days but under 120 days a reinstatement fee will be assessed to grant Buyer access to the LMS. If a Buyer has not accessed the course in 121 days or more the full fee of the course will be forfeited, and another purchase will need to be made to access the online course.   Please refer to SCHEDULE OF FEES FOR EXTENDING ONLINE LMS COURSE ACCESS(“Schedule”) in the following pages.

 

Warranty Disclaimer. EXCEPT AS SET FORTH IN OXYGEN FORENSICS’ STANDARD WARRANTY (EULA), EACH INSTRUCTOR LED TRAINING AND ANY ALL MATERIALS PROVIDED AS PART OF THE INSTRUCTOR LED TRAINING IS PROVIDED “AS IS” AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY OF ANY COMPUTER PROGRAM, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, SATISFACTORY QUALITY, OR SYSTEM INTEGRATION, OR NON- INFRINGEMENT. OXYGEN FORENSICS’ MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION AND BUYER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY BUYER FOR THE INFORMATION RECEIVED (IF ANY). OXYGEN FORENSICS SPECIFICALLY, BUT WITHOUT LIMITATION, DOES NOT WARRANT THAT: (I) THE INFORMATION AVAILABLE THROUGH THE INSTRUCTOR LED TRAINING OR LMS IS FREE OF ERRORS; (II) INSTRUCTOR LED TRAINING OR LMS WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS; (III) DEFECTS WILL BE CORRECTED; OR (IV) OXYGEN FORENSICS’ SERVERS OR THE SERVERS THAT MAKE INSTRUCTOR LED TRAININGS OR LMS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OXYGEN FORENSICS IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, LOSS OF BUSINESS, LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

SCHEDULE OF FEES FOR CANCELLATION OR RESCHEDULING (“Schedule”)

Days Prior to Instructor led Training when Oxygen Forensics is Notified Cancellation Fee per Seat Rescheduling Fee per Seat
> 30 days 0% 0%
> 20 days and < 30 days 50% 0% 50% 0%
> 12 days and < 19 days 75% 10%
< 12 days 90% 25%

 

SCHEDULE OF FEES FOR EXTENDING ONLINE LMS COURSE ACCESS(“Schedule”)

First Login to Begin Course Program Reinstatement Fee per Seat
< 60 days Certification Courses 0 USD
< 60 days Single LMS Course 0 USD
> 60 days and < 364 days/td> Certification Course 300 USD
> 60 days and < 364 days Single LMS Course 300 USD
> 364 days Certification Course Price of course
> 364 days Single LMS Course Price of course