T & C

1.	DEFINITIONS
a.	“Phonate Education Services” means training, courses, services and Course Materials delivered by Phonate Technologies. Courses may be in various formats including, but not limited to, classroom scheduled seats (such as scheduled instructor led training at an Phonate Technologies facility and remotely assisted instructional learning); onsite dedicated training at Phonate Technologies, Customer or neutral site; lecture only training; online lecture only training; and web based self paced training.
b.	“Phonate Data Sheet” means an Phonate Technologies standard specification document describing the details and features of the Phonate Education Services offering to be provided.
c.	“Statement of Work” or “SOW” means a document signed by Phonate Technologies and Customer that describes the specific Phonate Education Services to be provided by Phonate Technologies. SOWs are generally applicable to dedicated training specific to Customer’s requirements.
d.	“T&C’s” means this document entitled “Phonate Education Services Terms and Conditions”.
e.	“Course Materials” means courses, documentation (for example, questionnaires and process guidelines), educational materials (for example, student workbooks, instructor guides, and computer-based training), and other written information (in any form including electronic) and any other materials.
f.	“Customer” means either (i) end-user Phonate technologies customer who purchases the Phonate Education Services described in these T&C from Phonate Technologies or from an authorized Phonate Technologies reseller, wholesaler, or distributor, or (ii) an Phonate Technologies authorized reseller, wholesaler, or distributor who purchases Phonate Education Services in order to provide such Phonate Education Services to its customer.
2.	PHONATE EDUCATION SERVICES
a.	Phonate Technologies will provide the Phonate Education Services described in the applicable Phonate Data Sheet and/or Statement of Work in accordance with these T&Cs.
3.	ORDERS AND ACCEPTANCE
a.	For open enrollment classes Phonate Technologies will provide Customer with a reservation notice as soon as possible after receipt of Customer order and will provide Customer a confirmation notice after receipt of a valid method of payment or signed SOW, if applicable.
b.	The parties hereby agree that they may do business electronically, including contract formation, order placement and acceptance. Any orders placed by Customer and accepted by Phonate Technologies on any phonatetech.com website or Phonate Technologies/Customer extranet site will create fully enforceable obligations that will be subject to the T&Cs. Such orders and acceptances will be deemed for all purposes to be: 1) business records originated and maintained in documentary form; 2) a “writing” PHONATE EDUCATION SERVICES TERMS AND CONDITIONS or “in writing”; 3) “signed”; and 4) an “original” when printed from electronic files or records established and maintained in the normal course of business. The parties further agree not to contest the validity or enforceability of such transactions under the provisions of any applicable law relating to whether certain agreements are to be in writing or signed by the parties to be bound thereby and will be admissible if introduced as evidence on paper in any judicial, arbitration, mediation, or administrative proceeding to the same extent and under the same conditions as other business records originated and maintained in documentary form.
c.	Acceptance of Phonate Education Services will occur upon Phonate Technologies’ performance of such services.

4.	WARRANTY
a.	Phonate Technologies warrants that all Phonate Education Services will be provided using generally recognized commercial practices and standards.
b.	Phonate Technologies makes no other warranty or representation as to the suitability or quality of the Phonate Education Services. Phonate Technologies expressly disclaims all liability for anything done or omitted in reliance upon the Phonate Education Services or Training Materials. Customer shall have sole responsibility for fulfilling any requirements or accomplishing any objectives for which Customer purchased any Phonate Education Services. The warranty contained in this section 4 is exclusive. No other warranty, written or oral, is expressed or implied by Phonate Technologies or may be inferred from a course of dealing or usage of trade. To the extent allowed by local law Phonate Technologies disclaims all implied warranties or conditions including any implied warranties of merchantability and fitness for a particular purpose, title and non-infringement.
5.	CANCELLATION
a.	Unless otherwise specified or agreed in writing by Phonate Technologies, all courses shall commence on the date specified by Phonate Technologies in the order confirmation or SOW. Phonate Technologies reserves the right to change or cancel online lecture only training events up to 3 business days prior to the class start date and any other training event up to 10 Phonate Technologies business days prior to the class start date.
b.	Phonate Technologies will use reasonable efforts to give notice of any cancellation of any course. If the course cannot be rescheduled, Customer may be entitled to a refund of any fee paid in respect of the cancelled services but shall not otherwise be entitled to any compensation, costs, losses or damages arising from such cancellation.
c.	Cancellations or rescheduling of courses must be made within the specified number of Phonate Technologies business days prior to the start date of the class or the full tuition will be charged. Such days will be specified in the SOW or order confirmation letter.
d.	Phonate Technologies business days are Monday through Friday, excluding local Phonate Technologies holidays
6.	PAYMENTS
a.	Phonate Technologies reserves the right to change course prices at any time. In the event of such change, confirmed registrations will be honored at the original price. Registrations confirmed by a purchase order within 30 days of a price increase will also be honored at the original price.
b.	Prices are exclusive of, and Customer shall pay, all taxes, duties, levies or fees, or other similar charges imposed on Phonate Technologies or on Customer by any taxing authority (other than taxes imposed on Phonate Technologies’ income) related to Customer’s order, unless Customer has provided Phonate Technologies with an appropriate exemption certificate. Such taxes and duties, when applicable, will be added to Phonate Technologies’ invoices. Further, if class deliveries are requested outside of the original invoicing country, it may be necessary for Phonate Technologies to issue an invoice from the delivery country location.
c.	Customer agrees to pay, without offset, all invoiced amounts within thirty (30) days of Phonate Technologies’ invoice date. Phonate Technologies may change credit or payment terms for unfulfilled orders if, in Phonate Technologies’ reasonable opinion, Customer’s financial condition, previous payment record, or relationship with Phonate Technologies merits such change.

d.	When Customer has otherwise purchased a volume discounted education package, Customer may utilize such package for fulfillment of payment obligations for orders issued hereunder; provided, however sufficient credits must exist to pay in full for all Phonate Education Services that will be delivered pursuant to the order. If additional credits are needed, Customer may purchase such credits from Phonate Technologies or an authorized Phonate Technologies reseller prior to the commencement of the Phonate Education Services or provide another valid method of payment for the difference. If Customer provides such other method of payment the volume discount will not apply.
7.	INTELLECTUAL PROPERTY
a.	All Course Materials provided for use throughout the course are the copyrighted works of Phonate Technologies or the original content provider. Unless otherwise set forth in the SOW, the Course Materials are provided for the sole use of the person attending classes and may not be used by any other person and may not be reproduced, distributed or modified without the written permission of Phonate Technologies.
b.	Phonate Technologies will defend or settle any claim against Customer regarding the Phonate Education Services, to the effect that Phonate Technologies knowingly infringed a patent, utility model, industrial design, copyright, trade secret, mask work or trademark in the country where such Phonate Education Services are delivered; provided however that Customer promptly notifies Phonate Technologies in writing of the claim, and Customer cooperates with Phonate Technologies in, and grants Phonate Technologies sole control of, the defense or settlement.
8.	REMEDIES AND LIABILITIES
a.	Phonate Technologies’ total aggregate liability to Customer for any reason and upon all claims and causes of action hereunder will be limited to the amount of fees paid by Customer for the Phonate Education Services giving rise to the claim or cause of action. This limitation applies to all causes of action or claims including without limitation breach of contract, breach of warranty, negligence, strict liability or other torts. In no event will Phonate Technologies be liable for any consequential, special, indirect, incidental or punitive damages, including without limitation loss of data, loss of profits or loss of savings or revenue, even if it has been advised of the possibility of such damages.
b.	In no event will any cause of action be brought against Phonate Technologies more than one year after the cause of action has accrued.
c.	THE REMEDIES IN THESE T&Cs ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES.
d.	The parties understand and agree that, to the extent permitted by applicable law, the foregoing exclusions and limitations of liability represent the parties’ agreement as to allocation of risk between them in connection with their respective obligations hereunder. The fees payable to Phonate Technologies reflect, and are set in reliance upon, this allocation of risk and the exclusions and limitations of liability set forth in these terms and conditions.
9.	GENERAL
a.	Customer acknowledges and agrees that temporary interruptions of online training services may occur from time to time. Phonate Technologies shall exercise reasonable care to prevent or minimize such interruptions.
b.	Phonate Technologies shall not be liable to Customer for any failure or delay in receiving or transmitting data, or for any loss of or corruption to any data arising out of or in connection with delivering or conducting online training services.

c.	Phonate Technologies may refuse any individual admission, to a course, that it considers to be a safety or security risk to other course participants or the premises where the course is being held. Additionally, Phonate Technologies may request any person in breach of its course regulations to leave the Phonate Technologies premises or other premises where the course is held. Fees paid for course participant not admitted due to these circumstances will be forfeited and Customer will not be entitled to a refund for any portion thereof.
d.	Phonate Technologies will not be liable for performance delays or for non- performance, due to causes beyond its reasonable control.
e.	Except with respect to Phonate Technologies’ rights regarding the use of subcontractors, neither party may assign any rights or obligations hereunder without prior written consent of the other party. Phonate Technologies may, however, assign any rights and obligations hereunder to an affiliated entity at any time subject to written notice. These terms and conditions will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
f.	Customer who exports, re-exports or imports data purchased hereunder, assumes responsibility for complying with applicable laws and regulations, and for obtaining required export and import authorizations. Phonate Technologies may suspend performance under this Agreement: i) if the Customer is in violation of applicable laws and regulations, and ii) to the extent necessary to assure compliance under INDIA or other applicable export or similar regulations.
g.	Disputes arising in connection with these T&Cs will be governed by the laws of the country and locality in which Phonate Technologies accepts the order.
h.	If any term or provision herein is determined to be illegal or unenforceable, the validity or enforceability of the remainder of the terms or provisions herein will remain in full force and effect.
i.	Customer will comply with the general obligations specified by these Terms and Conditions together with any specific Customer obligations described in the Statement of Work, in a timely manner. Customer acknowledges that Phonate Technologies’ ability to deliver the Phonate Education Services is dependent upon Customer’s full and timely cooperation with Phonate Technologies, as well as the accuracy and completeness of any information and data Customer provides to Phonate Technologies.
j.	Neither party’s failure to exercise any of its rights under these T&Cs will constitute or be deemed a waiver or forfeiture of those rights.
k.	These T&Cs and, any applicable Phonate Technologies order confirmation, SOW and/or Phonate Data Sheet, constitute the entire agreement between Phonate Technologies and Customer and supersede any previous communications, representations or agreements between the parties, whether oral or written, regarding transactions hereunder. Customer’s additional or different terms and conditions will not apply. Customer’s purchase will constitute Customer’s acceptance of these T&Cs which T&Cs may not be changed except by an amendment signed by an authorized representative of each party.

Some important points to note

Phonate Technologies reserves the right to withdraw the Program or change the date / location of any course at any given point of time without giving prior notice or assigning any reason.
Registering at the web site does not entitle you to the right of admission / selection for the course. The Selection Committee reserves the right to select or reject a candidate without any notice or assigning any reason whatsoever.
Selected candidates are required to comply with the rules laid down in the Policy section and Phonate Technologies reserves the right to expel a student or terminate the candidature at any time if found otherwise.
Phonate Technologies reserves the right to review / change the Policy from time to time. It is in the interest of the candidates to keep reviewing the policy from time to time and comply with the rules laid down therein in their own interest.
This Statement is not intended to and does not create any contractual or other legal rights in or on behalf of any party.
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Phonate Technologies

VIP road , near dak bangla,

Fatehpur(UP), India - 212601

: 05180-226050

: info@phonatetech.com,
support@phonatetech.com

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