Standard Terms for the Purchase of Online & Taught Training Courses
These terms and conditions apply to Services provided by Electrical Power Solutions Inc. D.B.A. EPSCO, located at 7658 Design Rd, #100, Baxter, MN, 56425
“Course Materials” means the information provided by EPSCO to accompany a course provided as part of the Services in hard copy or electronic form.
“Customer” means the individual, company, or organization which has purchased EPSCO training services as an Online Course or Taught Course.
“Fees” means the fees paid by you to EPSCO or our Service Partner for the Services.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
“Online Course” means the delivery by us of an online course pursuant to which you learn course materials remotely.
“Service Partner” means EPSCO authorized third party agent.
“Services” means the provision of the Online Course and/or the Taught Course and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website, telephone, or qualified service partner.
“Taught Course” means a course taught by us in a classroom, live online, or Customer site setting to which you attend in person or the company’s employees and contractors attend.
“Website” means www.epsco.co
“you” means the individual purchasing the Services.
2. The Services
2.1. A description of the Services together with the dates on which the Services will begin for Taught Courses are mutually agreed to by the Customer and EPSCO. Verification of dates is available by contacting EPSCO (firstname.lastname@example.org). We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.
2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.
2.3 Online training Services are individually attended and may be accessed by the Customer for a period of 1 (one) year from the date of initial assignment and access to the course. Any course not accessed within 2 (two) years of purchase will be removed by EPSCO from our training portal and will no longer be available to the Customer, and EPSCO will provide no credit.
3. Ordering Services Purchasing Services via the Website
3.1. To purchase any of the Services online, you must register for an account with us via the Website or contact EPSCO or our Service Partners. They will register you and provide you with log-in credentials. If you already have an account with us, you can log into your account using your username and password.
3.2 Taught courses are purchased via P.O., signed agreement, or via contract with EPSCO Service Partners.
4. Cancellation and Variation
4.1. If you have purchased an Online Course and have already accessed, downloaded all or part of the Online Course and/or started to use that Online Course, you shall have no right to cancel your order.
4.2. Notwithstanding clause 4.1, there is no other right to cancel or vary your purchase of services, and any other cancellation and/or variation of course dates will be at the entire discretion of EPSCO.
The Fees for the Services shall be as set out on the Website or as listed on your proposal.
6.1. No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of safety advice or indemnification.
6.2. Although EPSCO aims to provide the Services to the industry’s highest standards, neither it nor its employees accept any liability for safety incidents occurring at any time.
6.3. Nothing in this Agreement shall exclude or limit EPSCO’s liability for (i) death or personal injury caused by gross negligence, (ii) fraudulent misrepresentation, or (iii) any other matter which under United States law may not be limited or excluded.
6.4. No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased
to be provided by us.
7. Intellectual Property
7.1. All Intellectual Property Rights in the Course Materials, Online Courses, and the speeches made by trainers at the Taught Courses are, and remain, the intellectual property of EPSCO, whether adapted, written for, or customized for the Client or not.
7.2. You are not authorized to:
i. copy, modify, reproduce, re-publish, sub-license, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;
ii. record on video or audio tape, or other means the Online Course or Taught Course given
iii. use the Course Materials in the provision of any other course or training whether given by us or any third party trainer;
iv. remove any copyright or other notice of EPSCO on the Course Materials;
v. modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses. Breach by you of this clause 7.2 shall allow us to terminate these terms and conditions with you immediately and cease to provide you with any Services, including but not limited to access to the Online Courses.
7.3. In consideration of the Fees paid by you, we grant you a limited, non-transferable, non-exclusive license to use the Course Materials and the software in respect of the Online Course for the sole purpose of completing the Online Course and/or attending the Taught Course.
8.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:
i. fail to pay when your fees are due;
ii. act in an aggressive, bullying, offensive, threatening, or harassing manner towards any employee of EPSCO
iii. are in breach of these terms and conditions.
Any Services provided by us under these terms and conditions are personal to the Customer and cannot be transferred or assigned to any other person or Customer.
10. Entire Agreement
These terms and conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
11. Force Majeure
EPSCO shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes, and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.
12. Data Protection
12.1 The nature of the Services provided by us means that we will obtain, use and disclose certain information about you. This statement sets out the principles governing our Use of Data. By purchasing the Services, you agree to this use.
12.2 When you register with us, you will need to provide certain data, such as your contact details. We will store this Data and use it to contact you, provide you with details of the Services you have purchased, and otherwise as required during the normal provision of the course.
12.3 We may also use the above Data and similar Data you provide us in response to surveys to aggregate user profiles for the purpose of service improvement. We will not pass any personal data onto anyone outside of EPSCO.
12.4. ESPCO endeavors to take all reasonable steps to protect your Personal Data, including encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting online over the internet and will not hold us responsible for any security breach.
13. Law and Jurisdiction
This agreement is subject to Minnesota law.