1. Introduction
1. This Training & Other Services Policy (‘Policy’) is part of the Documentation as defined in the Ultimo Master Agreement (‘Agreement’) and describes the available Training and Other Services by or on behalf of Ultimo related to Ultimo SaaS respectively Software. For the avoidance of doubt, Training is a category within Other Services. In case of any inconsistencies or conflicts between this Policy and the Agreement, the Agreement prevails.
2. This Policy contains all relevant information regarding:
- Clause 2: Ultimo Training, and;
- Clause 3: Ultimo Other Services.
2. Ultimo Training
1. Ultimo Training can be categorized into six (6) main Training schemes:
- eLearning Standard: these training Services are focused on the standard Ultimo eLearning content as made available in the Ultimo online Learning Management System (‘LMS’).
- eLearning Custom: these training Services are focused on custom created Ultimo e-learning content as made available in the Ultimo online LMS or make available in Scorm format or other generally available format as used by Ultimo at that time.
- Instructor-led Standard: these training Services are focused on the standard Ultimo training content, organized for one Customer. These training sessions can be delivered by Remote learning sessions or at the premises of the Customer.
- Instructor-led Customer: these training Services are focused on the standard Ultimo training content, held at the premises of Customer or otherwise agreed upon between Parties.
- Workplace Instruction: these training Services are focused on the customer-specific Ultimo environment without documentation but in an open dialogue format for one (1) or two (2) participants of Customer.
2. Enrolment. The right for enrolment for Training is granted to Customer if and to the extent agreed upon by Parties in the relevant Other Services Order Form.
For the various Instructor-led Training schemes mentioned above, certain cancellation or substitution arrangements are available if and to the extent described in Clause 2. eLearning is on a Named User basis, and cannot be cancelled or terminated other than as set forth in the Agreement.
3. Instructor-led Training: For Instructor-led Standard Training, the Customer or participant thereof can register via the Ultimo Portal, after which a confirmation is sent by email, including date, training venue and other details of the Training. If a desired Training is fully booked or is deferred, this will be notified and an alternative will be offered.
4. Substitution: Customer will be authorised to substitute a participant enrolled for any agreed upon Training scheme mentioned above, except for eLearning, by appointing another person if this has been notified to Ultimo before commencement of applicable Standard Training. In such case, no additional charges will be due.
5. Cancellation: Customer will be authorised to cancel any agreed upon Training scheme mentioned above, except for eLearning. However, such cancellation is only valid if done in writing, and is subject to certain cancellation costs, set forth below. The cancellation date will be the date of receipt of such written cancellation by Ultimo. The cancellation costs will be a percentage of the Fees agreed or applicable, as the case may be, between Parties, namely:
- up to and inclusive 15 calendar days before commencement of the Training: 0%;
- 15 up to and inclusive 10 calendar days before commencement of the Training: 50%, and;
- less than 10 calendar days before commencement of the Training: 100%.
3. Ultimo Other Services
1. Other Services will be provided if and to the extent agreed upon by Parties in the relevant Other Services Order Form.
2. Within the category of Other Services, consultancy can be ordered as set forth in Clause 3.1 by means of consultancy days credits (‘CDCs’), to be paid in advance. These CDCs are valid for a period of 12 months after the Effective Date of the relevant Other Services Order Form, and unconditionally lapse upon such maturity date to the extent any CDC remains at such date.
3. Customer will be authorised to cancel those Other Services, such as consultancy. However, such cancellation is only valid if done in writing, and is subject to certain cancellation costs, set forth below. The cancellation date will be the date of receipt of such written cancellation by Ultimo. The cancellation costs will be a certain percentage of the Fees agreed in the relevant Other Services Order Form, namely:
- up to and inclusive 15 calendar days before commencement of the provision of the applicable Other Services: 0%;
- 15 up to and inclusive 10 calendar days before commencement of the provision of the applicable Other Services: 50%, and;
- less than 10 calendar days before commencement of the provision of the applicable Other Services: 100%.
