PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PURCHASING AND/OR USING SOFTWARE OR SERVICES FROM MAVERYX. BY USING MAVERYX SOFTWARE OR SERVICES, CLIENT SIGNIFIES ITS ASSENT TO AND ACCEPTANCE OF THIS AGREEMENT AND ACKNOWLEDGES IT HAS READ AND UNDERSTANDS THIS AGREEMENT. AN INDIVIDUAL ACTING ON BEHALF OF AN ENTITY REPRESENTS THAT HE OR SHE HAS THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THAT ENTITY. IF CLIENT DOES NOT ACCEPT THE TERMS OF THIS AGREEMENT, THEN IT MUST NOT USE MAVERYX SOFTWARE OR SERVICES.
This Enterprise Agreement, including all referenced appendices and documents located at URLs (the “Agreement“), is between Maveryx srl (“Maveryx“) and the purchaser or user of Maveryx software and services who accepts the terms of this Agreement (“Client“). The effective date of this Agreement (“Effective Date“) is the earlier of the date that Client signs or accepts this Agreement or the date that Client uses Maveryx’s software or services.
1. Scope of Agreement
This Agreement establishes a framework that will enable Maveryx to provide Software and Services to Client. “Software” means the Maveryx the test automation tool and other software programs branded by Maveryx. The specific services (the “Services“) and/or Software that Maveryx will provide to Client will be described in an Order Form, signed by the parties or otherwise accepted by Maveryx, which may consist of (a) one or more mutually agreed order forms, statements of work, work orders or similar transaction documents, or (b) an order placed by Client through Maveryx’s website. The parties agree that the terms of this Agreement will govern all purchases and use by Client of Software and Services unless otherwise agreed by the parties in writing.
2. Obligations of the Parties
2.1 On-Site Obligations. If Maveryx personnel are working on Client’s premises (a) Client will provide a safe and secure working environment for Maveryx personnel, and (b) Maveryx will comply with all reasonable workplace safety and security standards and policies, applicable to Client’s employees, of which Maveryx is notified in writing by Client in advance.
2.2 Changes to Work and Delays. Changes to the Services will be made only through a written change order signed by both parties. In the event that (a) Client fails to timely fulfill its obligations under an Order Form, and this failure adversely impacts the provision of Services, or (b) events outside of either party’s reasonable control cause a delay in or otherwise affect Maveryx’s ability to perform its obligations under an Order Form, Maveryx will be entitled to appropriate relief, including adjusting the timing of its delivery of applicable Services.
2.3 Assistance. Client may provide Maveryx access to Client information, systems, and software (“Client Information“), and resources such as workspace, network access, and telephone connections as reasonably required by Maveryx in order to provide the Services. Client understands and agrees that (a) the completeness, accuracy of, and extent of access to, any Client Information provided to Maveryx may affect Maveryx’s ability to provide Services, and (b) if reasonable access to Client Information is not provided, Maveryx will be relieved from providing any Services dependent upon such access. Client will obtain any third party consents necessary to grant Maveryx access to the Client Information that is subject to the proprietary rights of, or controlled by, any third party, or which is subject to any other form of restriction upon disclosure.
3.1 Fees and Expenses. Fees for the Services (the “Fees“) will be identified in an Order Form and are (a) due upon Maveryx’s acceptance of an Order Form, and (b) payable in accordance with Section 3.2. Fees are stated in Euro, must be paid in Euro, and, unless otherwise specified in writing, do not include out-of-pocket expenses or shipping costs. Client will reimburse Maveryx for all reasonable expenses Maveryx incurs in connection with the performance of Services. Client agrees to pay Maveryx the applicable Fees for each Unit. “Unit” is the measurement of Software or Service usage defined in the applicable Order Form.
3.2.1 Client will pay Fees and expenses, if any, no later than thirty (30) days from the date of each invoice; provided, however, that Fees for professional services and training are due prior to delivery. Except as otherwise provided in this Agreement, any and all payments made by Client pursuant to this Agreement are non-refundable. Maveryx reserves the right to suspend or cancel performance of all or part of the Services and/or change its credit terms if actual payment has not been received within thirty (30) days of the invoice date.
3.2.2 If Client is paying by credit card, Client (a) authorizes Maveryx to charge Client’s credit card for the Services, and (b) agrees to provide updated credit card information to Maveryx for renewal purposes.
3.3 Taxes. All Fees are exclusive of Taxes. Client will pay Maveryx an amount equal to any Taxes arising from or relating to this Agreement or an applicable Order Form which are paid by or are payable by Maveryx. “Taxes” means any form of sales, use, value added or other form of taxation and any fines, penalties, surcharges or interest, but excluding any taxes based solely on the net income of Maveryx. If Client is required to withhold or deduct any portion of the payments due to Maveryx, Client will increase the sum payable to Maveryx by the amount necessary so that Maveryx receives an amount equal to the sum it would have received had Client made no withholdings or deductions.
4. Licence and Ownership
4.1 Software. Each type of Software is governed by a license grant or an end user license agreement.
4.2 Freedom to Use Ideas. Subject to Section 9 and Client’s rights in Client Information and notwithstanding anything to the contrary contained in this Agreement or an Order Form, the ideas, methods, concepts, know-how, structures, techniques, inventions, developments, processes, discoveries, improvements and other information and materials developed in and during the course of any Order Form may be used by Maveryx, without an obligation to account, in any way Maveryx deems appropriate, including by or for itself or its clients or customers.
4.3 Marks. Unless expressly stated in an Order Form, no right or license, express or implied, is granted in this Agreement for the use of any Maveryx, Client or third party trade names, service marks or trademarks, including, without limitation, the distribution of the Software utilizing any Maveryx trademarks.
5. Reporting and Inspection
5.1 Reporting. Client will notify Maveryx promptly if the actual number of Units of Software or Services utilized by Client exceeds the number of Units for which Client has paid the applicable Fees. In its notice, Client will include the number of additional Units and the date(s) on which such Units were first utilized. Maveryx will invoice Client for the applicable Services for such Units and Client will pay for such Services no later than thirty (30) days from the date of the invoice.
5.2 Inspection. During the term of this Agreement and for one (1) year thereafter, Maveryx or its designated agent may inspect Client’s facilities and records to verify Client’s compliance with this Agreement. Any such inspection will take place only during Client’s normal business hours and upon no less than ten (10) days prior written notice from Maveryx. Maveryx will give Client written notice of any noncompliance, including the number of underreported Units of Software or Services, and Client will have fifteen (15) days from the date of this notice to make payment to Maveryx for the applicable Services provided with respect to the underreported Units. If Client underreports the number of Units utilized by more than five percent (5%) of the number of Units for which Client paid, Client will also pay Maveryx for the cost of such inspection.
6. Term and Termination
6.1 Term and Termination of Agreement. The term of this Agreement will begin on the Effective Date and will terminate at the expiration of ninety (90) days following written notice of termination given by one party to the other. Termination of this Agreement will not operate to terminate any Order Form and the terms and conditions of this Agreement will continue in full force and effect to the extent necessary to give effect to any Order Form in effect at the time of termination of this Agreement and until such time as the applicable Order Form expires or is terminated in accordance with Section 6.2 below.
6.2 Term and Termination of Order Form
6.2.1 The term of an Order Form begins on the date the Order Form is executed (“Order Form Effective Date“) and continues for the term stated in the Order Form. Client must use any other Services set forth in an Order Form during the term specified in the Order Form or within one (1) year of the Order Form Effective Date, whichever is shorter; if unused, such Services will be forfeited.
6.2.2 If Client or Maveryx materially breaches the terms of an Order Form, and such breach is not cured within thirty (30) days after written notice of the breach is given to the breaching party, then the other party may, by giving written notice of termination to the breaching party, terminate the applicable Order Form and/or this Agreement; provided, however, that no cure period will be required for a breach of Section 9 of this Agreement. The termination of an individual Order Form will not terminate any other Order Form or this Agreement unless otherwise specified in the written notice of termination. Without prejudice to any other right or remedy of Maveryx, in the event either party terminates an Order Form, Client will pay Maveryx for all Services provided up to the effective date of termination.
6.3 Survival. If this Agreement or an Order Form is terminated for any reason, Sections 3, 4, 5.2, 6.3, 7, 8, 9, 10.2, 12, 13.1, 13.5-13.14, and 14 of this Agreement (as the same are incorporated into each Order Form) will survive such termination.
7. Continuing Business
Nothing in this Agreement will preclude or limit Maveryx from providing software, materials, or services for itself or other clients, irrespective of the possible similarity of such software, materials or services to those that might be delivered to Client. The terms of confidentiality in Section 9 will not prohibit or restrict either party’s right to develop, use or market products or services similar to or competitive with the other party; provided, however, that neither party is relieved of its obligations under this Agreement.
8. Limitation of Liability and Disclaimer of Damages
8.1 Limitation of Liability. FOR ALL EVENTS AND CIRCUMSTANCES, MAVERYX AND CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT AND ALL ORDER FORMS, INCLUDING WITHOUT LIMITATION ON ACCOUNT OF PERFORMANCE OR NON-PERFORMANCE OF OBLIGATIONS, REGARDLESS OF THE FORM OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STATUTE OR OTHERWISE WILL BE LIMITED TO DIRECT DAMAGES AND WILL NOT EXCEED THE AMOUNTS RECEIVED BY MAVERYX DURING TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY, WITH RESPECT TO THE PARTICULAR ITEMS (WHETHER SOFTWARE, SERVICES OR OTHERWISE) GIVING RISE TO LIABILITY UNDER THE MOST APPLICABLE ORDERING DOCUMENT.
8.2 Disclaimer of Damages. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT OR AN ORDER FORM, IN NO EVENT WILL MAVERYX BE LIABLE TO CLIENT OR ITS AFFILIATES FOR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION: ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, WHETHER ARISING IN TORT, CONTRACT, OR OTHERWISE; OR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY NON-COMPLIANCE, DELAYS, LOSS OF DATA, LOST PROFITS, LOST SAVINGS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATORY PROFITS, EVEN IF MAVERYX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIABILITY FOR THESE DAMAGES WILL BE LIMITED AND EXCLUDED EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.
9.1 Obligations. During the term of this Agreement, both parties agree that (i) Confidential Information will be used only in accordance with the terms and conditions of this Agreement; (ii) each will use the same degree of care it utilizes to protect its own confidential information, but in no event less than reasonable care; and (iii) the Confidential Information may be disclosed only to employees, agents and contractors with a need to know, and to its auditors and legal counsel, in each case, who are under a written obligation to keep such information confidential using standards of confidentiality not less restrictive than those required by this Agreement. Both parties agree that obligations of confidentiality will exist for a period of two (2) years following initial disclosure of the particular Confidential Information. “Confidential Information” means all information disclosed by either Maveryx or Client (“Disclosing Party“) to the other party (“Recipient“) during the term of this Agreement that is either (i) marked confidential or (ii) disclosed orally and described as confidential at the time of disclosure and subsequently set forth in writing, marked confidential, and sent to the Recipient within thirty (30) days following the oral disclosure.
9.2 Exclusions. Confidential Information will not include information which: (i) is or later becomes publicly available without breach of this Agreement, or is disclosed by the Disclosing Party without obligation of confidentiality; (ii) is known to the Recipient at the time of disclosure by the Disclosing Party; (iii) is independently developed by the Recipient without use of the Confidential Information; (iv) becomes lawfully known or available to the Recipient without restriction from a source having the lawful right to disclose the information; (v) is generally known or easily ascertainable by parties of ordinary skill in the business of the Recipient; or (vi) is software code in either object code or source code form that is licensed under a license. The Recipient will not be prohibited from complying with disclosure mandated by applicable law if, where reasonably practicable and without breaching any legal or regulatory requirement, it gives the Disclosing Party advance notice of the disclosure requirement.
10. Representations and Warranties
10.1 General Representations and Warranties. Maveryx represents and warrants that: (a) the Services will be performed in a professional and workmanlike manner by qualified personnel; (b) it has the authority to enter into this Agreement with Client; and (c) to Maveryx’s knowledge, Maveryx branded Software does not, at the time of delivery to Client, include malicious or hidden mechanisms or code for the purpose of damaging or corrupting the Software.
10.2 Disclaimer of Warranty. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 10.1 OR BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE AND ANY HARDWARE ARE PROVIDED BY MAVERYX “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. MAVERYX DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, BE ERROR FREE OR THAT MAVERYX WILL CORRECT ALL SOFTWARE ERRORS. FOR THE BREACH OF THE WARRANTIES SET FORTH IN SECTION 10.1, CLIENT’S EXCLUSIVE REMEDY, AND MAVERYX’S ENTIRE LIABILITY, WILL BE THE REPERFORMANCE OF DEFICIENT SERVICES, OR IF MAVERYX CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, CLIENT MAY TERMINATE THE RELEVANT SERVICES AND RECEIVE A PRO RATA REFUND OF THE FEES PAID FOR THE DEFICIENT SERVICES AS OF THE EFFECTIVE DATE OF TERMINATION. Without limiting the generality of the foregoing disclaimer, the Software, Services and any hardware provided are not specifically designed, manufactured or intended for use in (a) the planning, construction, maintenance, control, or direct operation of nuclear facilities, (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.
11. Governing Law/Consent to Jurisdiction
The validity, interpretation and enforcement of this Agreement will be governed by and construed in accordance with the laws of Italy without giving effect to the conflicts of laws provisions thereof or the United Nations Convention on Contracts for the International Sale of Goods. All disputes arising out of or relating to this Agreement will be submitted to the exclusive jurisdiction of the Courts of Milan, Italy and each party irrevocably consents to such personal jurisdiction and waives all objections to this venue.
12.1 Notices. Notices must be in English, in writing, and will be deemed given when delivered by hand or five (5) days after being sent using a method that provides for positive confirmation of delivery to the respective addresses or facsimile numbers indicated in an Order Form; provided that any notice from Client to Maveryx includes a copy sent to: Maveryx srl, Italy.
12.2 Non-solicitation. Client agrees not to solicit or hire any personnel of Maveryx involved with the delivery of Services in connection with any Order Form during the term of and for twelve (12) months after termination or expiration of such Order Form; provided that Client may hire an individual employed by Maveryx who, without other solicitation, responds to advertisements or solicitations aimed at the general public.
12.3 Force Majeure. Neither party will be liable for nonperformance or delays caused by acts of God, wars, riots, strikes, fires, floods, hurricanes, earthquakes, government restrictions, terrorist acts or other causes beyond its reasonable control.
12.4 Export and Privacy. Maveryx may supply Client with technical data that is subject to export control restrictions. Maveryx will not be responsible for compliance by Client with applicable export obligations or requirements for this technical data. Client agrees to comply with all applicable export control restrictions. If Client breaches this Section 13.5 or the export provisions of an applicable end user license agreement for the Software, or any provision referencing these sections, Maveryx may terminate this Agreement and/or the applicable Order Form and its obligations there under without liability to Client. Client acknowledges and agrees that to provide the Services, it may be necessary for Client Information to be transferred between Maveryx, its Affiliates, Business Partners, and/or subcontractors, which may be located worldwide.
12.5 Dispute Resolution. Each party agrees to give the other a written description of any problem(s) that may arise and to make a good faith effort to amicably resolve any such problem before commencing any proceeding. Notwithstanding the foregoing, either party may take any action reasonably required to protect such party’s rights. No claim or action, regardless of form, arising out of this Agreement or an Order Form may be brought by either party more than one (1) year after the cause of action has accrued.
12.6 Severability. If any provision of this Agreement is held invalid or unenforceable for any reason but would be valid and enforceable if appropriately modified, then such provision will apply with the modification necessary to make it valid and enforceable. If such provision cannot be so modified, the parties agree that such invalidity will not affect the validity of the remaining provisions of the Agreement.
12.7 Waiver. The delay or failure of either party to exercise any rights under this Agreement will not constitute or be deemed a waiver or forfeiture of such rights. No waiver will be valid unless in writing and signed by an authorized representative of the party against whom such waiver is sought to be enforced.
12.8 Complete Agreement. Each Order Form (a) is a separate agreement and is deemed to incorporate this Agreement, unless otherwise expressly provided in that Order Form; (b) constitutes the exclusive terms and conditions with respect to the subject matter of that Order Form, notwithstanding any different or additional terms that may be contained in the form of purchase order or other document used by Client to place orders or otherwise effect transactions under this Agreement; and (c) represents the final, complete and exclusive statement of the agreement between the parties with respect thereto, notwithstanding any prior written agreements or prior and contemporaneous oral agreements with respect to the subject matter of the Order Form. In the event of any conflict between this Agreement, any Order Form and any end user license agreement for Software, this Agreement will take precedence unless otherwise expressly provided in the Order Form. Notwithstanding any provision to the contrary in this Agreement, any applicable end user license agreement will be governed by the laws of Italy, without regard to any conflict of laws provisions. Any claim relating to the provision of the Services by Maveryx or its personnel will be made against Maveryx alone.
12.9 Amendment. Neither this Agreement nor any Order Form may be amended or modified except in a writing signed by the parties, which writing makes specific reference to this Agreement or the applicable Order Form.
12.10 Counterparts and Facsimile Signature. In the event this Agreement is executed with signatures, this Agreement may be executed in counterparts, each of which will be deemed an original and all of which will constitute one and the same document. The parties may exchange signature pages by fax and such signatures will be effective to bind the parties to all the terms contained in this Agreement.
12.11 Personal Data. Pursuant to the express provision of Section 24 of Legislative Decree no. 196/2003 (Code on the Protection of Personal Data) Maveryx declares that the personal data of Client shall be treated by Maveryx, its Affiliates, Business Partners, and/or subcontractors for the sole purpose of performing the obligations deriving from this Agreement.
Maveryx sells subscriptions that entitle you to receive Maveryx services and/or Software during the period of the subscription (generally, one (1) year). This “Appendix” to the Agreement describes the “Subscription Services” that Maveryx provides for:
- Support and maintenance services offerings (these subscriptions are called “Support Subscriptions”)
Whether you purchase Subscription Services from us, we agree to provide you with the Subscription Services on the terms described in this Appendix. In exchange, you agree to comply with the terms of this Appendix.
1. Subscription Services – An Overview
Subscription Units: We charge you a fee for our Subscription Services based on the total number of Units stated on your Order Form.
Use of Software and Subscription Services: While you have subscriptions entitling you to receive Subscription Services for a Maveryx Product, you are required to purchase Subscription Services in a quantity equal to the total number of Users of that Maveryx Product that you install, use or execute. In addition, the Agreement (including pricing) is premised on our understanding that you will use the Subscription Services and Software only for your internal use. Distributing the Software or any portion of the Subscription Services to a third party or using any of the Subscription Services for the benefit of a third party is a material breach of the Agreement even though the license applicable to individual software packages may give you the right to distribute those packages (and this Appendix is not intended to interfere with your rights under those individual licenses). The Subscription Services may be used under the terms of this Appendix by third parties acting on your behalf, such as contractors, subcontractors or outsourcing vendors, provided you remain responsible for your obligations under this Appendix, and the activities and omissions of such third parties. Any unauthorized use of the Subscription Services is a material breach of the Agreement, such as (a) only purchasing Subscription Services based on some, but not all, of the total number of Units of Maveryx Software or other Maveryx Product that you install, use or execute, (b) renting, leasing, distributing, selling, reselling, or otherwise transfer rights to third parties, (c) using Subscription Services to provide support to third parties, (d) using Subscription Services to support or maintain any non-Maveryx Software products. The licenses that are applicable to the individual software packages are perpetual (subject to your compliance with their terms), but the other benefits of a Software Subscription will expire if not renewed.
Subscription Start Date: Unless otherwise agreed in an Order Form, the Subscription Services will begin on the date you purchase the Subscription Services.
2. Support Subscriptions
Benefits of a Support Subscription: For each Support Subscription that you purchase, Maveryx provides you one or more of the following benefits:
- Software Access: access to the supported versions of the Software
- Software Maintenance: access to updates, upgrades, corrections, security advisories and bug fixes for the Software, when and if these are available
- Support: access to Maveryx support for issues relating to Software
The following services are excluded from these terms, but may be offered separately on request: Software product training and Consulting services.
Descriptions of Maveryx Software Subscriptions: The Maveryx Subscriptions Plan lists the Software Subscriptions offered by Maveryx. The link contains additional information concerning the scope of the Software Subscriptions and how Maveryx provides Subscription Services to you (support levels). Be sure to read the information contained at the link so that you understand your rights and Maveryx Enterprise Agreement obligations.
Maveryx sells Learning Services, Training Units and Consulting Units. Whether you purchase Learning Services, Training Units or Consulting Units from us or though one of our authorized Business Partners, we agree to provide you with the Learning Services, Training Units or Consulting Units on the terms described in this Appendix. In exchange, you agree to comply with the requirements and terms of this Appendix. When we use a capitalized term in this Appendix without defining it, the term has the meaning defined in the base agreement.
1. Learning Services
“Learning Services” means Maveryx’s training courses, including Maveryx’s publicly available courses (“Public Training Courses”) and courses provided at a site designated by you (“On-Site Courses”).
1.1 Equipment and Facilities. For On-Site Courses, you will supply the facility and equipment to carry out the courses. If Maveryx agrees to provide the training facilities and hardware, you will be liable for any loss or destruction of this equipment and hardware used in connection with the Learning Services.
1.2 Client Responsibilities. You are responsible for (a) assessing each participants’ suitability for the Learning Services, (b) enrollment in the appropriate course(s) and (c) your participants’ attendance at scheduled courses.
1.3 Rights to Training Materials. All intellectual property embodied in the training products, materials, methodologies, software and processes, provided in connection with the Learning Services or developed during the performance of the Learning Services (collectively, the “Training Materials”) are the sole property of Maveryx and are copyrighted by Maveryx unless otherwise indicated. Training Materials are provided solely for the use of the participants and may not be copied or transferred without the prior written consent of Maveryx. Training Materials are Maveryx’s confidential and proprietary information.
1.4 Delivery Date and Cancellation. You agree to the following cancellation policies and the procedures for scheduling of Learning Services and On-Site Courses.
1.4.1 Cancellation by Student
- Student will receive a refund only if Maveryx receives a notice of cancellation at least 15 full calendar days (not including the class start date) before the class start date.
- Student will not be eligible for a refund if Maveryx does not receive a notice of cancellation 15 full calendar days before the class start date, but the class may be rescheduled or another individual may attend in Student’s place.
1.4.2 Rescheduling by Student. A student can reschedule a class up to two (2) times.
1.4.3 Student Substitutions. A different individual may attend the scheduled class as long as the change is made no less than two (2) business days prior to the start date of the class.
1.4.4 Cancellation by Maveryx. Training may be canceled without prior warning, with money refunded to participants, if any of the following events affect delivery of a particular training class: severe inclement weather, natural or local disaster, power outage, or airline strike. If training is canceled for any other reason and students are notified less than 10 calendar days prior to the start of training, Maveryx will credit the cost of any non-refundable change fees for airline tickets toward a future enrollment in the same course. Credits will only be issued upon receipt of original, unused, and nonrefundable airline tickets.
1.4.5 Onsite Cancellation Policy.
- Notice of cancellation more than 15 days prior to the requested delivery date is eligible for a full refund.
- Notice of cancellation 15 days or less prior to the requested delivery date is not eligible for a full refund, but can be rescheduled (see rescheduling policy below for details).
1.4.6 Onsite Rescheduling Policy.
- Rescheduling requests made 15 days or less prior to the requested delivery date will be assessed a 25% rescheduling fee (calculated from the original amount charged).
- Onsite rescheduling requests made within the 15 day window are not eligible for a future cancellation request.
Notwithstanding other payment terms, payment for Learning Services must be received in full prior to the delivery of the associated Learning Services.