Education services Finland and Baltic countries Terms and conditions

HPE Education Services Terms and Conditions
May 2018
8. Remedies and Liabilities
a. HPE’ s 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 HPE 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 HPE 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 HPE 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 HPE 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. HPE shall exercise reasonable care to prevent or
minimize such interruptions.
b. HPE 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. HPE 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, HPE may request any person in breach of its course regulations to
leave the HPE 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. HPE will not be liable for performance delays or for non-performance, due to causes
beyond its reasonable control.
e. Except with respect to HPE’s rights regarding the use of subcontractors, neither party
may assign any rights or obligations hereunder without prior written consent of the
other party. HPE 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. HPE may suspend performance if Customer
is in violation of applicable export laws.