Terms and conditions

TRAINING.

Training in certain Kyriba modules are subject to certification prerequisites and it is the responsibility of the employee of Participant to ascertain that the prerequisites are completed prior to registering for a training session.

Attendee agrees to complete, by the deadline, all course prerequisites provided by the trainer. If you fail to complete by the deadline you will be removed from the course. This includes registering for the Zoom Meeting if asked along with ELMS courses and assignments.

Kyriba will designate the minimum number of individuals required for the hosting of such training session. Kyriba reserves the right to cancel any training session if the minimum number of individuals is not met two (2) weeks prior to the training start date.

Cancelation Policy: You will be invoiced if you fail to cancel your registration prior to 2 weeks before the training by modifying your registration though your initial registration signup email.

FEES AND PAYMENT.

Fees.

In consideration of Kyriba’s provision of the applicable training courses requested by Participant, temporary database access for training purposes only, and training materials, Participant shall pay to Kyriba the applicable fees set forth for the corresponding courses for each employee who is participating in the training and certification program, which Kyriba may update from time to time in Kyriba’s sole discretion.

In consideration of Kyriba conducting an onsite training at Participant’s facility, Participant must have the minimum number of employees required by Kyriba or more employees attending the training session in order for Kyriba to run the course. In addition, Participant agrees to reimburse Kyriba all travel expenses incurred by the Kyriba employee.

Payment.

Billing Terms.

Training will be invoiced after registration.

Means of Payment.

To this day trainings shall be paid upon invoice only, we do not accept Credit Card payment.

Taxes.

Participant is responsible for and shall pay all federal, state and local taxes (including, but not limited to, all excise, sales and use taxes) based upon or arising out of the training, excluding taxes based on Kyriba’s gross income.

Payment Terms.

Invoices for training and other charges are due and payable within ten (10) days of the invoice date. Payments should be sent to the remittance address shown on the invoice. For any invoices not paid within ten (10) days of the invoice date, Kyriba may charge Participant interest at the rate of one and one-half percent (1.5%) per month from the invoice date, or the maximum permissible legal rate until paid. Kyriba may postpone training or cease providing any training activities hereunder, with notice, if the payment of the amounts due hereunder are not timely paid. Any invoice not objected to in writing to Kyriba by Participant within thirty (30) days after receipt thereof shall be deemed conclusively correct and accepted by Participant.

CONFIDENTIAL INFORMATION.

Confidentiality.

Participant will and will cause its employees to keep confidential and protect from disclosure all of Kyriba’s confidential or proprietary information and data using the same standard of care as Participant uses to protect its own similar confidential and proprietary information, but not less than reasonable care. Participant may disclose such information only to Participant’s employees (collectively “Representatives”) who are attending the training and certification on a need-to-know basis and who have agreed in writing (with confidentiality and non-use obligations no less strict than those contained herein) to maintain the confidential nature of such confidential information received by them. Participant shall be responsible for any breach of the confidentiality obligations of this Agreement by it or its Representatives. Participant agrees not to divulge or disclose to third parties, or make any use whatsoever, except as contemplated by this Agreement, of Kyriba’s confidential information and data provided to Participant unless required by law. Without limiting anything in the foregoing, training materials, training database, and Kyriba’s designated training platform provided herein shall be deemed to be confidential information of Kyriba, and Participant agrees to (and ensure that its Representatives) hold such confidential information in strict confidence and not disclose such confidential information to third parties without Kyriba’s prior written consent.

The Kyriba Academy training courses contain the trade names, trademarks, and/or other proprietary and confidential information of Kyriba and/or its licensees. Recordings, screenshots of and/or any other reproductions of the training are strictly prohibited.

DISCLAIMER OF WARRANTY.

KYRIBA DOES NOT GUARANTEE THE RESULTS OF USING KYRIBA’S TRAINING MATERIALS, KYRIBA’S DESIGNATED TRAINING PLATFORM AND DATABASE NOR PARTICIPATION IN THE TRAINING PROGRAM. THE TRAINING MATERIAL, KYRIBA’S DESIGNATED TRAINING PLATFORM, DATABASE AND PROGRAM ARE PROVIDED “AS IS” AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, KYRIBA MAKES NO (AND HEREBY DISCLAIMS ALL) OTHER WARRANTIES, REPRESENTATIONS, OR CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE USE, MISUSE, OR INABILITY TO USE ANY SERVICES OR MATERIALS PROVIDED TO PARTICIPANT BY KYRIBA, OR OTHERWISE UNDER THIS AGREEMENT.

LIMITATION OF LIABILITY:

THE MAXIMUM AGGREGATE LIABILITY OF KYRIBA AND ITS AFFILIATES AND ANY OF THEIR DIRECTORS CHARGES PAID OR PAYABLE BY PARTICIPANT TO KYRIBA FOR THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT FOR WHICH DAMAGES ARE CLAIMED. KYRIBA AND ITS AFFILIATES AND ANY OF CHARGES PAID OR PAYABLE BY PARTICIPANT TO KYRIBA FOR THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT FOR WHICH DAMAGES ARE CLAIMED. KYRIBA AND ITS AFFILIATES AND ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, WILL NOT BE LIABLE TO PARTICIPANT OR ANY THIRD PARTY FOR ANY COSTS OF SUBSTITUTE GOODS OR SERVICES OR FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PERFORMANCE, NONPERFORMANCE OR BREACH OF THIS ADDENDA, EVEN WHEN KYRIBA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, PRODUCTS LIABILITY OR OTHERWISE, EVEN WHEN OTHER REMEDIES ARE IMPOSSIBLE, INEFFECTIVE, OR FAIL OF THEIR ESSENTIAL PURPOSE.

Communication Consent.

I consent to receiving communications from Kyriba Corp and its partners regarding products, services, and events. You may withdraw your consent by contacting treasury@kyriba.com. Please refer to our Privacy Policy (https://www.kyriba.com/privacy-policy/)

GOVERNING LAW.

This Agreement shall be governed in accordance with the laws of the State of California without regard to its rules of conflicts law. The forum for any action arising pursuant to this Agreement shall be in a court located in San Diego County, California. The parties hereby waive any defense of lack of personal jurisdiction, lack of subject matter jurisdiction, improper venue, and/or forum non-conveniens which might otherwise apply but for this Section.

TERM AND TERMINATION.

This Agreement is effective as of the Effective Date and shall continue for so long as necessary to complete the training and certification. Either party may terminate this Agreement with 30 days’ prior written notice to the other party. All fees and expenses incurred through the date of cancellation shall be immediately paid upon termination.

MISCELLANEOUS.

This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof, and supersedes all prior and contemporaneous communications, representations, understanding and agreements, oral or written and the parties agree that no obligations or duties not set out expressly herein shall be imposed upon the parties or implied by law. None of the provisions of this Agreement can be waived or modified except expressly by a writing signed by both parties. The waiver by either party of any term or condition of this Agreement shall not be deemed to constitute a continuing waiver thereof nor a waiver of any further or additional right that such party may hold under this Agreement. This Agreement will not be construed more strongly against either party, regardless of which party drafted or prepared the Agreement. No agency, partnership, joint venture or other joint relationship is created under this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then that provision will be severed from this Agreement and any remaining provisions will continue in full force and effect. All notices given hereunder shall be in writing and shall be sent by regular mail to the parties at the addresses herein or at such other addresses of which either party may give notice. This Agreement shall be binding upon and inure to the benefit of and be enforceable by the parties to this Agreement and their respective successors and permitted assigns. This Agreement may be executed in several counterparts that together shall be originals and constitute one and the same instrument.

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