Consultancy

1 . Definitions

In this Agreement the following terms shall bear the following meanings.
ATE Enterprises. The contractual supplier of the consultancy service, its successors and assigns.
Business Hours. The hours between 9.00 am to 5.30pm (local time) on Monday to Friday (inclusive).
Cancellation. Refers to an event described within the proposal.
Client. The person or organization who signs the agreement within ATE Enterprises’s proposal.
Client representative. Or such other person as the client shall nominate as its representative for the purpose of managing the Consultants(s) and the services for certain day to day operational matters.
Commencement date. The date of arrival of consultant at location of work.
Contract period. The period of the duration of the contract in accordance with the signed proposal.
End customer. The persons or organization that may be intended for the service but do not form part of the contracting agreement.
Event. Is a subset within the proposal which could be a piece of training, education, workshop or consultancy.
Expenses. The costs incurred for travel, accommodation, meals or any costs incurred by the consultants(s) whilst carrying out his/her work.
Fees. The fees for the consultant(s) and or service, at the rate set out in the proposal.
Intellectual property rights. Patent, trademarks, service marks, design rights (whether registered or not), applications for any of the above rights, copyright, trade or business names or any other similar rights or obligations whether it can be registered or not in any country including but not limited to the United Kingdom.
Location of work. The offices where the work will be performed.
Materials. The information provided for training, education and consultancy in a variety of formats such as presentations, cd rom, books etc.
Proposal. The document describing the service and costs for the work required from ATE Enterprises to the client. This proposal forms the contract.
Purchase order. A legally binding commercial document raised by the client to ATE Enterprises agreeing to the services, fees and terms in the proposal.
Services. The service(s) described in the proposal.
Statement of works. A description of the work to be done in detail and specifies the exact nature of the work to be implemented. This should include milestones and a project plan.
Termination. Refers to the entire agreement in the proposal.

2 . General

2.1. ATE Enterprises requires the client to provide a Statement of Works prior to issuing a proposal.
2.2. The client must sign ATE Enterprises’s proposal prior to any work commencing.
2.3. ATE Enterprises reserve the right to change the consultant(s) used in any engagement at any time.
2.4. ATE Enterprises reserves the right to change an engagement event date at any time.
2.5. The client must confirm the number of attendees on any engagement event at least one week before the start date of the event.
2.6. Substitutions are permitted for attendees at any time up to the start of an engagement event.
2.7.  Unless otherwise agreed in writing, the consultant shall not work more that the number of days agreed in the proposal. In the event that the end customer or client wish to extend the number of days the client will agree and sign an additional schedule to the proposal and agree to the additional fees prior to the work being carried out.
2.8. During the contract period , the client or client’s representative will provide the consultant(s) with full and clear directions to carrying out the service(s).
2.9. The client will provide the consultant with all necessary office space and access to computer, internet, printers, copying and telecommunications facilities together with administrative personnel at the location of work. This will be required at any office from which the consultant(s) may to be required or need to work in providing the service(s).
2.10. The client will ensure that the client representative is available during business hours for the purposes of receiving reports from and giving directions to the consultant(s).
2.11. The client or the client’s representative will countersign timesheets verifying the number of days/hours worked by the consultant(s) or ATE Enterprises weekly.
2.12. The materials for training, education, workshop or consultancy purposes is the intellectual property of ATE Enterprises and may not be used in any circumstances without seeking permission in writing from ATE Enterprises.

3 . Financial

3.1. ATE Enterprises quotes prices and issues invoices in UK Pounds (GBP), US Dollars (USD), Euros (EUR), Australian Dollars (AUD), New Zealand Dollars (NZD) and Canadian Dollars (CAD) only. The client must pay in the currency shown on the invoice.
3.2. Currency conversion charges from any other currency to that of the invoice is the responsibility of the client.
3.3. Any sales taxes relevant to the country where an engagement takes place will be added to the fees in accordance with that country’s tax regulations.
3.4. The client must provide a purchase order before the start of any engagement or shipment of any product or materials.
3.5. ATE Enterprises will raise a monthly invoice for the engagement fees under the terms detailed within the proposal.
3.6. The client must pay any invoice within 14 days of the date on the invoice.
3.7. ATE Enterprises will deem any invoice to be unpaid until the full amount of the invoice has been received.
3.8. Payment may be made by direct bank transfers recognised credit cards are Visa/Mastercard/Eurocard/Delta/Amex.
3.9. Our preferred method of taking card payments is via World Pay
3.10. Fees do not include the costs for travel, accommodation or any other costs incurred by any of the client’s participants in the engagement will be raised monthly.
3.11. For private courses the course fees do not include instructor travel or accommodation costs. ATE Enterprises charge expenses at cost. Car travel is at the rate per mile used by Government guidelines for normal business use. ATE Enterprises always aims to minimise expenses; however, our policy is for all instructors to have overnight accommodation within 30 minutes travel of the course venue. Expenses are invoiced separately upon completion of the course. ATE Enterprises will estimate instructor expenses in the proposal.
3.12. ATE Enterprises may charge a “re-use” fee for any ATE Enterprises intellectual property used in the build and delivery of a client solution. Any such fee will be detailed in ATE Enterprises’s proposal.
3.13. ATE Enterprises will specify any discounts that may apply to any fees in the proposal.
3.14. Late payment will incur penalty charges including removal of any discounts.
3.15. ATE Enterprises reserves the right to charge interest on late payments of invoices at a rate of 8% interest above the bank of England’s base rate which will be added to late payments per week from the end of delivery of the product or service.

4 . Termination & Cancellation Policy

4.1. Any termination or cancellation of an event or piece of work must be received in writing.
4.2. The agreement shall be for the contract period in the proposal.
4.3. The agreement may be terminated by either party prior to the expiration of the contract period:
4.3.1. In the event of the other becoming insolvent or resolving or being ordered to be would up or if the other has an administrative receiver, receiver or administrator appointed over any of its assets or business or it suffers any analogous event to occur under to laws of any other jurisdiction.
4.3.2. By written notice of not less than 7 days duration in the event that the other commits an irremediable material breach of this agreement or commits a material breach capable of remedy which the other party has failed to remedy 14 days after written notice from the other to do so.
4.4. ATE Enterprises may terminate this agreement with 7 days written notice in the event of the client failing to pay any sum over the 30 day payment term.
4.5. No engagement charge is made for cancellations received more than 30 days before the start of an event unless payment is made by credit card – see below.
4.6. For cancellations received between 14 and 30 days before the start of an engagement event, ATE Enterprises will make an administrative charge of 10% of the full course fees plus any credit card payment charge – see 3.5.
4.7. For cancellations received less than 14 days before the start of a an engagement event, ATE Enterprises will make an administrative charge of 75% of the full course fees plus any credit card payment charge – see 3.5.
4.8. Cancellation of credit card payments will incur an additional admin charge of 10% over and above any other cancellation charges.
4.9. Any travel and accommodation reservation charges and expenses incurred by ATE Enterprises prior to cancellation by the client are chargeable to the client.
4.10. If ATE Enterprises cancels an event for any reason, then ATE Enterprises will refund the fees in the currency of the invoice. ATE Enterprises will not be liable for any travel, hotel penalties, inconvenience or material loss as a result of any cancellation.
4.11. In the event when the training has to be cancelled due to last minute cancellations or rescheduled, the client will be responsible for Trainer’s travel and accommodation cost and cover the cost within 7 days from cancellation or reschedule.

5 . Force Majeure

5.1. If ATE Enterprises or its consultant(s) are unable to render the services to the client or end customer as a result of some external event of Force Majeure, including acts of God, acts of Government, acts of war, terrorism, fire, floods, strikes, lockouts, work stoppages, labour disputes or other matters outside its reasonable control. ATE Enterprises and any consultant(s) shall be relieved from their obligation to provide the service(s) for the period that the Force Majeure exists. As soon as reasonable practicable after the Force Majeure event ceases or is otherwise resolved the service(s) will be completed.

6 . Limitation of Liability

6.1. ATE Enterprises and its consultant(s) shall incur no liability to the client or end customer in respect of rendering of the service(s) for any direct or consequential losses or loss of profit or other costs or losses howsoever incurred.

7 . Restraint

7.1. The client for itself and its Group undertakes that they shall not during the Contract period and for the period of 12 months after the expiry of the Contract period or any extended period of this agreement.
7.1.1. Offer employment to, enter into a contract for the services of, or otherwise attempt to entice away from ATE Enterprises or its Group, any individual who is either a consultant or an employee.
7.1.2. Procure or facilitate the making of such an offer or attempt by any other person
7.2 In the event of any breach of this clause by the client or any member of its Group, the client shall within 14 days of any employment or engagement or any similar arrangement with any consultant or other person referred to in clause 7 or any undertakings connected to such persons pay ATE Enterprises 50% of the first year’s equivalent annualised remuneration of such person, including (without limitation) any bonuses/incentives, car allowances and any guaranteed payments to which the person may be entitled.

8 . Law

8.1. This agreement shall be construed in accordance with English law and ATE Enterprises and the client irrevocably hereby submit to the exclusive jurisdiction of the English courts in respect of any dispute, claim or other legal process relating to this agreement.

Online Courses

1 . General
1.1. ATE Enterprises reserves the right to change the mentor(s) and support staff used at any time.
1.2. Students who fail to complete the training course or who do not pass the workbook will not be eligible for a refund.
1.3. Access to the online material is limited to 6 months. There will be nominal charges levied for additional access.
1.4. Students will receive an electronic notification 1 month prior to the course end date.
1.5. It is the students’ responsibility to ensure that they are able to access and view the course material including the need to have Flash Player 7 or a later version (recommended) installed.
1.6. All rights not expressly granted herein are reserved.
1.7. These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.
1.8. If you do not agree with these Terms and Conditions you must cease the course immediately and notify ATE Enterprises of your intent not to continue

2 . Financial
2.1. ATE Enterprises quotes prices and issues invoices in UK pounds (GBP), US dollars (USD), Euros (EUR) or Australian dollar (AUD) only. The client must pay in the currency shown on the invoice.
2.2. Currency conversion charges from any other currency to that of the invoice is the responsibility of the client.
2.3. Any sales taxes relevant to the country where the course takes place will be added to the course fees in accordance with that country’s tax regulations.
2.4. The client must pay in full prior to being provided access to the online facility.
2.5. ATE Enterprises will deem any invoice to be unpaid until the full amount of the invoice has been received.
2.6. Online payment is the preferred method of payment recognised credit cards are Visa/Mastercard/Eurocard/Delta/Amex.
2.7. Payments made by credit cards will incur a 2.5% charge on the total invoice amount which is applicable to certain countries that still operate a credit card charge
2.8. ATE Enterprises reserves the right to review the pricing and take appropriate action when changes to course or exam specification occur beyond our control.
2.9. All discounts, whether advertised or stated in correspondence, are mutually exclusive i.e. only one discount can be applied to any one booking.
2.10. In the case where payments are arranged by a means other than online payment ATE Enterprises reserves the right to charge 8% interest above the bank of England’s base rate which will be added to late payments per week from the end of delivery of the product or service”.

3 . Cancellation Policy
3.1. There will be no refund for any student who does not complete their course. This includes students who become inactive or fail to complete the course in the allotted time.
3.2. Where cancellations are requested. This is to be made in writing.
3.3. No course fee charge is made for cancellations received more than 30 days before the start of access being provided unless payment is made by credit card – see below
3.4. For cancellations received between 15 and 30 days before the start of a training event, ATE Enterprises will make an administrative charge of 10% of the full course fees plus any credit card payment charge – see 3.6.
3.5. For cancellations received less than 14 days before the start of a training event, ATE Enterprises will make an administrative charge of 75% of the full course fees plus any credit card payment charge – see 3.6.
3.6. Cancellation of credit card payments will incur an additional admin charge of 10% over and above any other cancellation charges.
3.7. Once issued examination vouchers are non refundable.
3.8. In the event when the training has to be cancelled due to last minute cancellations or rescheduled, the client will be responsible for Trainer’s travel and accommodation cost and cover the cost within 7 days from cancellation or reschedule.

4 . Online materials
4.1. Where Online training material is based on original material produced by The Open Group – the originators of The Open Group Architecture Framework (TOGAF®)
4.2. The use of the online training material is restricted to the Registered User who has been supplied with access to the material. Its use is limited to the duration of the training and the material remains the copyright of ATE Enterprises Limited and where applicable, The Open Group.
4.3. The Registered User shall not copy, use, modify, transmit, distribute, or in any way, exploit the copyrighted materials. Use for any other purpose is expressly prohibited by law and any violators will be prosecuted.
4.4. The Registered User shall not permit anyone else to copy, use, modify, transmit, distribute, or in any way, exploit the copyrighted materials.
4.5. The materials made available are provided “as-is” without warranties of any kind, either expressed, or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title or non-infringement.
4.6. ATE Enterprises Limited does not warrant that the materials will be error free including technical inaccuracies, nor free of viruses, or other harmful matter. The entire cost of any necessary service, repair, or correction, is the Registered User’s responsibility.
4.7. ATE Enterprises Limited may make improvements, or changes, to this material at any time without prior notification.
4.8. Motif, OSF/1, UNIX and the “X” device are registered trademarks and IT DialTone
and The Open Group are trademarks of The Open Group in the US and other countries. All other trademark, service marks and trade names in this material are the marks of the respective owners and any unauthorised use is prohibited.
4.9. All rights not expressly granted herein are reserved.
4.10. These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.
4.11. If you do not agree with these Terms and Conditions you must cease the course immediately and notify ATE Enterprises of your intent not to continue

Private Courses

1 . General
1.1. The client must sign ATE Enterprises’s proposal prior to any work commencing.
1.2. Where a client requires a course to be tailored, the client must provide the necessary tailoring materials or appropriate information by the deadline detailed in ATE Enterprises’s proposal.
1.3. ATE Enterprises reserve the right to change the instructor(s) used in any course at any time.
1.4. ATE Enterprises reserve the right to change a course date at any time.
1.5. The client must confirm the number of attendees on any training event at least one week before the start date of the training event.
1.6. Substitutions are permitted for trainees at any time up to the start of an event.
1.7. Trainees who miss significant periods of time during a certification course cannot be certified until they complete a workbook covering the course material that they missed.
1.8. Trainees participating on a public course under the Training Passport scheme that do not attend all days of a course will still be considered to have used a full Training Passport place.

2 . Financial
2.1. ATE Enterprises quotes prices and issues invoices in UK Pounds (GBP), US Dollars (USD), Euros (EUR), Australian Dollars (AUD), New Zealand Dollars (NZD) and Canadian Dollars (CAD) only. The client must pay in the currency shown on the invoice.
2.2. Currency conversion charges from any other currency to that of the invoice is the responsibility of the client.
2.3. Any sales taxes relevant to the country where the course takes place will be added to the course fees in accordance with that country’s tax regulations.
2.4. The client must pay in full or provide a purchase order before the start of any training event or shipment of any product or course materials.
2.5. With purchase orders ATE Enterprises will raise an invoice for the course fees and any certification / exam fees before the start of each training event. The client must pay any invoice within 14 days of the date on the invoice or prior to the commencement of the training.
2.6. ATE Enterprises will deem any invoice to be unpaid until the full amount of the invoice has been received.
Payment may also be made by:
a) direct bank transfers
b) recognised credit cards are Visa/Mastercard/Eurocard/Delta/Amex.
2.7. Payments made by credit cards will incur a 2.5% charge on the total invoice amount which is applicable to certain countries that still operate a credit card charge
2.8. Course fees include training materials and an appropriately qualified instructor for the number of delegates stated in the proposal.
2.9. Course fees do not include the costs for travel, accommodation or any other costs incurred by any trainee in attending or completing the training.
2.10. For private courses the course fees do not include instructor travel or accommodation costs. ATE Enterprises charge expenses at cost. Car travel is at the rate per mile used by Government guidelines for normal business use. ATE Enterprises always aims to minimise expenses; however, our policy is for all instructors to have overnight accommodation within 30 minutes travel of the course venue. Expenses are invoiced separately upon completion of the course. ATE Enterprises will estimate instructor expenses in the proposal.
2.11. ATE Enterprises reserve the right to review the pricing and take appropriate action when changes to course or exam specification occur beyond our control.
2.12. Any certification fee is charged as a separate line item per trainee and is invoiced with the course fees. ATE Enterprises will specify any certification fees in the proposal.
2.13. Where an examination voucher is issued by ATE Enterprises, payment is required and training must have commenced prior to ATE Enterprises releasing the exam voucher.
2.14. The examination voucher will be valid for approximately 12 months from date of issue
2.15. ATE Enterprises may charge a “re-use” fee for any ATE Enterprises intellectual property used in the build and delivery of a client solution. Any such fee will be detailed in ATE Enterprises’s proposal.
2.16. Where courses exceed 16 trainees ATE Enterprises may deploy additional, chargeable instructor resources. These will be detailed in the proposal.
2.17. ATE Enterprises will specify any discounts that may apply to any private course fees in the proposal.
2.18. Late payment will incur penalty charges including removal of any discounts.
2.19. ATE Enterprises reserves the right to charge interest on late payments of invoices at a rate of 8% interest above the bank of England’s base rate which will be added to late payments per week from the end of delivery of the product or service.

3 . Cancellation Policy
3.1. All cancellations must be received in writing.
3.2. No course fee charge is made for cancellations received more than 30 days before the start of an event unless payment is made by credit card – see below.
3.3. For cancellations received between 15 and 30 days before the start of a training event, ATE Enterprises will make an administrative charge of 10% of the full course fees plus any credit card payment charge – see 3.7.
3.4. For cancellations received less than 14 days before the start of a training event, ATE Enterprises will make an administrative charge of 75% of the full course fees plus any credit card payment charge – see 3.7
3.5. Cancellation of credit card payments will incur an additional admin charge of 10% over and above any other cancellation charges. For reschedules received between 15 and 30 working days before the start of a training event, ATE Enterprises will make an administrative charge of 10% of the full course fees plus any credit card payment charge – see 3.9.
3.6. Any travel and accommodation reservation charges and expenses incurred by ATE Enterprises prior to cancellation by the client are chargeable to the client.
3.7. If ATE Enterprises cancels an event for any reason, then ATE Enterprises will refund the fees in the currency of the invoice. ATE Enterprises will not be liable for any travel, hotel penalties, inconvenience or material loss as a result of any cancellation.
3.8. Once Issued examination vouchers are non refundable.
3.9. In the event when the training has to be cancelled due to last minute cancellations or rescheduled, the client will be responsible for Trainer’s travel and accommodation cost and cover the costs within 7 days from cancellation or reschedule.

4 . Materials
4.1. The training material is based on original material produced by The Open Group – the originators of The Open Group Architecture Framework (TOGAF®)
4.2. This training material has been prepared, maintained, updated and distributed by ATE Enterprises Limited. The Open Group Certification Mark Logo is a trademark of The Open Group

4.3. The use of the training material is restricted to the Registered User who has been supplied materials by a Training Services Provider as part of an authorised TOGAF® course.  The use is limited to the duration of the training and the material remains the copyright of ATE Enterprises and The Open Group.
4.4. The Registered User shall not copy, use, modify, transmit, distribute, or in any way exploit the copyrighted materials other than for their own training. Use for any other purpose is expressly prohibited by law and any violators will be prosecuted.
4.5. The Registered User shall not permit anyone else to copy, use, modify, transmit, distribute, or in any way, exploit the copyrighted materials
4.6. The materials made available are provided “as-is” without warranties of any kind, either expressed, or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title or non-infringement.
4.7. ATE Enterprises Limited does not warrant that the materials will be error free including technical inaccuracies, nor free of viruses, or other harmful matter. The entire cost of any necessary service, repair, or correction, is the Registered User’s responsibility.
4.8. ATE Enterprises Limited may make improvements, or changes, to this material at any time without prior notification.
4.9. Motif, OSF/1, UNIX and the “X” device are registered trademarks and IT DialTone
and The Open Group are trademarks of The Open Group in the US and other countries. All other trademark, service marks and trade names in this material are the marks of the respective owners and any unauthorised use is prohibited.
4.10. All rights not expressly granted herein are reserved.
4.11. These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.

Public Courses

1 . General

1.1. ATE Enterprises reserve the right to change the instructor(s) used in any course at any time.
1.2. ATE Enterprises reserve the right to change a scheduled course date at any time.
1.3. Substitutions are permitted for trainees at any time up to the start of an event.
1.4. Trainees who fail to turn up for a course or who miss significant periods of time during a course will not be eligible for a refund.
1.5. Trainees participating on a public course under the Training Passport scheme that do not attend all days of a course will still be considered to have used a full Training Passport place.

2 . Financial

2.1. ATE Enterprises quotes prices and issues invoices in UK Pounds (GBP), US Dollars (USD), Euros (EUR), Australian Dollars (AUD), New Zealand Dollars (NZD) only. The client must pay in the currency shown on the invoice.
2.2. Currency conversion charges from any other currency to that of the invoice is the responsibility of the client.
2.3. Any sales taxes relevant to the country where the course takes place will be added to the course fees in accordance with that country’s tax regulations.
2.4. The client must pay in full or provide a purchase order before the start of any training event or shipment of any product or course materials.
2.5. With purchase orders ATE Enterprises will raise an invoice for the course fees and any certification / exam fees before the start of each training event. The client must pay any invoice within 14 days of the date on the invoice or prior to the commencement of the training.
2.6. ATE Enterprises will deem any invoice to be unpaid until the full amount of the invoice has been received. Payment may also be made by:

a) direct bank transfers

b) recognised credit cards are Visa/Mastercard/Eurocard/Delta/Amex.

2.7. Payments made by credit cards will incur a 2.5% charge on the total invoice amount against transactions outside of European Economic Area (EEA).
2.8. Course fees include training materials and appropriately qualified instructor(s).
2.9. Course fees do not include the costs for travel, accommodation or any other costs incurred by any trainee in attending or completing the training.
2.10. ATE Enterprises reserve the right to review the pricing and take appropriate action when changes to course or exam specification occur beyond our control.
2.11. All discounts, whether advertised or stated in correspondence, are mutually exclusive i.e. only one discount can be applied to any one booking.
2.12. Where an examination voucher is issued by ATE Enterprises, payment is required and training must have commenced prior to ATE Enterprises releasing the exam voucher.
2.13. The examination voucher will be valid for approximately 12 months form date of issue.
2.14. ATE Enterprises may charge a “re-use” fee for any intellectual property used in the build and delivery of a client solution.
2.15. Late payment will incur penalty charges including removal of any discounts.
2.16. ATE Enterprises reserves the right to charge interest on late payments of invoices at a rate of 8% interest above the bank of England’s base rate which will be added to late payments per week from the end of delivery of the product or service.

3 . Cancellation Policy

3.1. All cancellations must be received in writing.
3.2. No course fee charge is made for cancellations received more than 30 working days before the start of an event unless payment is made by credit card – see below.
3.3. For cancellations received between 15 and 30 working days before the start of a training event, ATE Enterprises will make an administrative charge of 10% of the full course fees plus any credit card payment charge – see 3.10.
3.4. For cancellations received less than 14 working days or less before the start of a training event, ATE Enterprises will make an administrative charge of 75% of the full course fees plus any credit card payment charge – see 3.10
3.5. Failure to attend the course without prior notice will result in 100% charge.
3.6. For reschedules received between 15 and 30 working days before the start of a training event, ATE Enterprises will make an administrative charge of 10% of the full course fees plus any credit card payment charge – see 3.10
3.7. Reschedules received 14 working days or less prior to the course start date will be subject to a 75% charge of the course fee.
3.8. Training Passport cancellations or reschedules received 5 days prior to the start of the relevant public course will incur an administrative charge of 20% of the course fee.
3.9. Training Passport reschedules received less than 5 working days prior to the start of the relevant public course will incur a charge of 75% of the course fee.
3.10. Cancellation of credit card payments will incur an additional admin charge of 10% over and above any other cancellation charges.
3.11. Failure to cancel or attend a Training Passport booking will result in the relevant number of places being deducted from the passport.
3.12. If ATE Enterprises cancels an event for any reason, then ATE Enterprises will refund the fees in the currency of the invoice. ATE Enterprises will not be liable for any travel, hotel penalties, inconvenience or material loss as a result of any cancellation. Attendees must have confirmed their attendance on the cancelled course for the refund to be initiated.
3.13. Once issued examination vouchers are non refundable.
3.14. The client must inform ATE Enterprises at least 2 business days from the start of the course of their intended attendance.

4 . Training Passports

4.1. Training Passport Should be paid for in full in advance of any delegate attending training
4.2. Training Passports apply to public course places only
4.3. Training Passports is not transferable to any other product.
4.4. Training Passports are valid for 12 months (the passport term).
4.5. Training Passports are activated from the date of payment unless prior agreement between ATE Enterprises and the client.
4.6. Training Passport pricing includes certification fees against TOGAF® 9 for Practitioners Level 1 & 2 accredited training
4.7. Any Training Passport places that remain unused at the end of the passport term will not be refunded.

5 . Materials

5.1. The training material is based on original material produced by The Open Group – the originators of The Open Group Architecture Framework (TOGAF®)
5.2. This training material has been prepared, maintained, updated and distributed by ATE Enterprises Limited.
5.3. The use of the training material is restricted to the Registered User who has been supplied materials by a Training Services Provider as part of an authorised TOGAF® or EA Modelling course. The use is limited to the duration of the training and the material remains the copyright of ATE Enterprises Limited and The Open Group.
5.4. The Registered User shall not copy, use, modify, transmit, distribute, or in any way exploit the copyrighted materials other than for their own training. Use for any other purpose is expressly prohibited by law and any violators will be prosecuted.
5.5. The Registered User shall not permit anyone else to copy, use, modify, transmit, distribute, or in any way, exploit the copyrighted materials
5.6. The materials made available are provided “as-is” without warranties of any kind, either expressed, or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title or non-infringement.
5.7. ATE Enterprises Limited does not warrant that the materials will be error free including technical inaccuracies, nor free of viruses, or other harmful matter. The entire cost of any necessary service, repair, or correction, is the Registered User’s responsibility.
5.8. ATE Enterprises Limited may make improvements, or changes, to this material at any time without prior notification.
5.9. Motif, OSF/1, UNIX and the “X” device are registered trademarks and IT DialTone and The Open Group are trademarks of The Open Group in the US and other countries. All other trademark, service marks and trade names in this material are the marks of the respective owners and any unauthorised use is prohibited.
5.10. All rights not expressly granted herein are reserved.
5.11. These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.

Training Material

IMPORTANT – Please read all of these Terms and Conditions. Failure to comply with them could jeopardize your submission for Certification or Accreditation.

1.1. The training material is based on original material produced by The Open Group – the originators of The Open Group Architecture Framework (TOGAF®)
1.2. This training material has been prepared, maintained, updated and distributed by ATE Enterprises Limited, a company certified by The Open Group as a supplier of TOGAF® 9 accredited courses
1.3. The use of the training material is restricted to the Registered User who has been supplied materials by a Training Services Provider as part of an accredited TOGAF® course.  The use is limited to the duration of the training and the material remains the copyright of ATE Enterprises Limited and The Open Group.
1.4. The Registered User shall not copy, use, modify, transmit, distribute, or in any way exploit the copyrighted materials other than for their own training. Use for any other purpose is expressly prohibited by law and any violators will be prosecuted.
1.5. The Registered User shall not permit anyone else to copy, use, modify, transmit, distribute, or in any way, exploit the copyrighted materials.
1.6. The materials made available are provided “as-is” without warranties of any kind, either expressed, or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title or non-infringement.
1.7. ATE Enterprises Limited does not warrant that the materials will be error free including technical inaccuracies, nor free of viruses, or other harmful matter. The entire cost of any necessary service, repair, or correction, is the Registered User’s responsibility.
1.8. ATE Enterprises Limited may make improvements, or changes, to this material at any time without prior notification.
1.9. Motif, OSF/1, UNIX and the “X” device are registered trademarks and IT DialTone and The Open Group are trademarks of The Open Group in the US and other countries. All other trademark, service marks and trade names in this material are the marks of the respective owners and any unauthorised use is prohibited.
1.10. All rights not expressly granted herein are reserved.
1.11. These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.
1.12. If you do not agree with these Terms and Conditions you must cease to use the eLearning enviroment immediately.

Public Webinars

1 . General

1.1. ATE Enterprises reserve the right to change the instructor(s) used in any Webinar at any time.
1.2. ATE Enterprises reserve the right to change a scheduled Webinar date at any time.
1.3. Substitutions are permitted for trainees at any time up to the start of an event.
1.4. Trainees who fail to turn up for a Webinar or who miss significant periods of time during a Webinar will not be eligible for a refund.
1.5. Trainees participating on a public Webinar under the Training Passport scheme that do not attend all days of a Webinar will still be considered to have used a full Training Passport place.
1.6. Access to the online material is limited to 6 months. The will be nominal charges levied for additional access.
1.7 Students will receive an electronic notification 1 month prior to the course end date.1.8. It is the students’ responsibility to ensure that they are able to access and view the course material including the need to have Flash Player 7 or a later version (recommended) installed and to have adequate broadband speeds to support Webinar sessions.

2 . Financial

2.1. ATE Enterprises quotes prices and issues invoices in UK Pounds (GBP), US Dollars (USD), Euros (EUR), Australian Dollars (AUD), New Zealand Dollars (NZD) and Canadian Dollars (CAD) only. The client must pay in the currency shown on the invoice.
2.2. Currency conversion charges from any other currency to that of the invoice is the responsibility of the client.
2.3. Any sales taxes relevant to the country where the delegate resides will be added to the Webinar fees in accordance with that country’s tax regulations.
2.4. The client must pay in full or provide a purchase order before the start of any training event or shipment of any product or course materials.
2.5. With purchase orders ATE Enterprises will raise an invoice for the Webinar fees and any certification / exam fees before the start of each training event. The client must pay any invoice within 14 days of the date on the invoice or prior to the commencement of the training.
2.6. ATE Enterprises will deem any invoice to be unpaid until the full amount of the invoice has been received. Payment may also be made by:
a) direct bank transfers
b) recognised credit cards are Visa/Mastercard/Eurocard/Delta/Amex.
2.7.Payments made by credit cards will incur a 2.5% charge on the total invoice amount which is applicable to certain countries that still operate a credit card charge
2.8. Webinar fees include training materials and appropriately qualified instructor(s).
2.9. Webinar fees do not include the costs for travel, accommodation or any other costs incurred by any trainee in attending or completing the training.
2.10. ATE Enterprises reserve the right to review the pricing and take appropriate action when changes to course or exam specification occur beyond our control.
2.11. All discounts, whether advertised or stated in correspondence, are mutually exclusive i.e. only one discount can be applied to any one booking.
2.12. Where an examination voucher is issued by ATE Enterprises, payment is required and training must have commenced prior to ATE Enterprises releasing the exam voucher.
2.13. The examination voucher will be valid for approximately 12 months form date of issue.
2.14. ATE Enterprises may charge a “re-use” fee for any ATE Enterprises intellectual property used in the build and delivery of a client solution.
2.15. Late payment will incur penalty charges including removal of any discounts.
2.16. ATE Enterprises reserves the right to charge interest on late payments of invoices at a rate of 8% interest above the bank of England’s base rate which will be added to late payments per week from the end of delivery of the product or service.

3 . Cancellation Policy

3.1. All cancellations must be received in writing.
3.2. No Webinar fee charge is made for cancellations received more than 30 working days before the start of an event unless payment is made by credit card – see below.
3.3. For cancellations received between 15 and 30 working days before the start of a training event, ATE Enterprises will make an administrative charge of 10% of the full course fees plus any credit card payment charge – see 3.10.
3.4. For cancellations received less than 14 working days before the start of a training event, ATE Enterprises will make an administrative charge of 75% of the full course fees plus any credit card payment charge – see 3.10
3.5. Failure to attend the course without prior notice will result in 100% charge.
3.6. For reschedules received between 15 and 30 working days before the start of a training event, ATE Enterprises will make an administrative charge of 10% of the full course fees plus any credit card payment charge – see 3.10
3.7. Reschedules received 14 working days or less prior to the course start date will be subject to a 75% charge of the course fee.
3.8. Training Passport cancellations or reschedules received 5 days prior to the start of the relevant public course will incur an administrative charge of 20% of the course fee.
3.9. Training Passport reschedules received less than 5 working days prior to the start of the relevant public course will incur a charge of 75% of the course fee.
3.10. Cancellation of credit card payments will incur an additional admin charge of 10% over and above any other cancellation charges.
3.11. Failure to cancel or attend a Training Passport booking will result in the relevant number of places being deducted from the passport.
3.12. If ATE Enterprises cancels an event for any reason, then ATE Enterprises will refund the fees in the currency of the invoice. ATE Enterprises will not be liable for any travel, hotel penalties, inconvenience or material loss as a result of any cancellation.
3.13. Once issued examination vouchers are non refundable.

4 . Training Passports

4.1. Training Passport Should be paid for in full in advance of any delegate attending training
4.2. Training Passports apply to public Webinar places only
4.3. Training Passports is not transferable to any other product.
4.4. Training Passports are valid for 12 months (the passport term).
4.5. Training Passports are activated from the date of payment unless prior agreement between ATE Enterprises and the client.
4.6. Training Passport pricing includes certification fees against TOGAF® 9 for Practitioners Level 1 & 2 accredited training.
4.7. Any Training Passport places that remain unused at the end of the passport term will not be refunded.

5 . Materials

5.1. The training material is based on original material produced by The Open Group – the originators of The Open Group Architecture Framework (TOGAF®)
5.2. This training material has been prepared, maintained, updated and distributed by ATE Enterprises Limited.
5.3. The use of the training material is restricted to the Registered User who has been supplied materials by a Training Services Provider as part of an authorised TOGAF® course. The use is limited to the duration of the training and the material remains the copyright of ATE Enterprises Limited and The Open Group.
5.4. The Registered User shall not copy, use, modify, transmit, distribute, or in any way exploit the copyrighted materials other than for their own training. Use for any other purpose is expressly prohibited by law and any violators will be prosecuted.
5.5. The Registered User shall not permit anyone else to copy, use, modify, transmit, distribute, or in any way, exploit the copyrighted materials.
5.6. The materials made available are provided “as-is” without warranties of any kind, either expressed, or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title or non-infringement.
5.7. ATE Enterprises Limited does not warrant that the materials will be error free including technical inaccuracies, nor free of viruses, or other harmful matter. The entire cost of any necessary service, repair, or correction, is the Registered User’s responsibility.
5.8. ATE Enterprises Limited may make improvements, or changes, to this material at any time without prior notification.
5.9. Motif, OSF/1, UNIX and the “X” device are registered trademarks and IT DialTone and The Open Group are trademarks of The Open Group in the US and other countries. All other trademark, service marks and trade names in this material are the marks of the respective owners and any unauthorised use is prohibited.
5.10. All rights not expressly granted herein are reserved.
5.11. These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.

Private Webinars

1 . General

1.1. The client must sign ATE Enterprises’s proposal prior to any work commencing.
1.2. Where a client requires a Webinar to be tailored, the client must provide the necessary tailoring materials or appropriate information by the deadline detailed in ATE Enterprises’s proposal.
1.3. ATE Enterprises reserve the right to change the instructor(s) used in any Webinar at any time.
1.4. ATE Enterprises reserve the right to change a Webinar date at any time.
1.5. The client must confirm the number of attendees on any training event at least one week before the start date of the training event.
1.6. Substitutions are permitted for trainees at any time up to the start of an event.
1.7. Trainees who miss significant periods of time during a certification Webinar cannot be certified until they complete a workbook covering the course material that they missed.
1.8. Access to the online material is limited to 6 months. The will be nominal charges levied for additional access.
1.9. Students will receive an electronic notification 1 month prior to the course end date.
1.10. It is the students’ responsibility to ensure that they are able to access and view the course material including the need to have Flash Player 7 or a later version (recommended) installed and to have adequate broadband speeds to support Webinar sessions.

2 . Financial

2.1. ATE Enterprises quotes prices and issues invoices in UK Pounds (GBP), US Dollars (USD), Euros (EUR), Australian Dollars (AUD), New Zealand Dollars (NZD) and Canadian Dollars (CAD) only. The client must pay in the currency shown on the invoice.
2.2. Currency conversion charges from any other currency to that of the invoice is the responsibility of the client.
2.3. Any sales taxes relevant to the country where delegates reside will be added to the Webinar fees in accordance with that country’s tax regulations.
2.4. The client must pay in full or provide a purchase order before the start of any training event or shipment of any product or course materials.
2.5. With purchase orders ATE Enterprises will raise an invoice for the Webinar fees and any certification / exam fees before the start of each training event. The client must pay any invoice within 14 days of the date on the invoice or prior to the commencement of the training.
2.6. ATE Enterprises will deem any invoice to be unpaid until the full amount of the invoice has been received.

Payment may also be made by:

a) direct bank transfers

b) recognised credit cards are Visa/Mastercard/Eurocard/Delta/Amex.

2.7. Payments made by credit cards will incur a 2.5% charge on the total invoice amount which is applicable to certain countries that still operate a credit card charge
2.8. Webinar fees include training materials and an appropriately qualified instructor for the number of delegates stated in the proposal.
2.9. Webinar fees do not include the costs for travel, accommodation or any other costs incurred by any trainee in attending or completing the training.
2.10. For private webinars the fees do not include instructor travel or accommodation costs. If applicable, ATE Enterprises charge expenses at cost. Car travel is at the rate per mile used by Government guidelines for normal business use. ATE Enterprises always aims to minimise expenses;
2.11. ATE Enterprises reserve the right to review the pricing and take appropriate action when changes to Webinar or exam specification occur beyond our control.
2.12. Any certification fee is charged as a separate line item per trainee and is invoiced with the Webinar fees. ATE Enterprises will specify any certification fees in the proposal.
2.13. Where an examination voucher is issued by ATE Enterprises, payment is required and training must have commenced prior to ATE Enterprises releasing the exam voucher.
2.14. The examination voucher will be valid for 12 months.
2.15. ATE Enterprises may charge a “re-use” fee for any ATE Enterprises intellectual property used in the build and delivery of a client solution. Any such fee will be detailed in ATE Enterprises’s proposal.
2.16. Where Webinars exceed 16 trainees ATE Enterprises may deploy additional, chargeable instructor resources. These will be detailed in the proposal.
2.17. ATE Enterprises will specify any discounts that may apply to any private Webinar fees in the proposal.
2.18. Late payment will incur penalty charges including removal of any discounts.
2.19. ATE Enterprises reserves the right to charge interest on late payments of invoices at a rate of 8% interest above the bank of England’s base rate which will be added to late payments per week from the end of delivery of the product or service.

3 . Cancellation Policy

3.1. All cancellations must be received in writing.
3.2. No Webinar fee charge is made for cancellations received more than 30 days before the start of an event unless payment is made by credit card – see below.
3.3. For cancellations received between 15 and 30 days before the start of a training event, ATE Enterprises will make an administrative charge of 10% of the full course fees plus any credit card payment charge – see 3.6.
3.4. For cancellations received less than 14 days before the start of a training event, ATE Enterprises will make an administrative charge of 75% of the full course fees plus any credit card payment charge – see 3.6.
3.5. For reschedules received between 15 and 30 working days before the start of a training event, ATE Enterprises will make an administrative charge of 10% of the full course fees plus any credit card payment charge – see 3.6
3.6. Cancellation of credit card payments will incur an additional admin charge of 10% over and above any other cancellation charges. 3.7. Any travel and accommodation reservation charges and expenses incurred by ATE Enterprises prior to cancellation by the client are chargeable to the client.
3.7. If ATE Enterprises cancels an event for any reason, then ATE Enterprises will refund the fees in the currency of the invoice. ATE Enterprises will not be liable for any travel, hotel penalties, inconvenience or material loss as a result of any cancellation.
3.8. Once Issued examination vouchers are non refundable.

4 . Materials

4.1. The training material is based on original material produced by The Open Group – the originators of The Open Group Architecture Framework (TOGAF®)
4.2. This training material has been prepared, maintained, updated and distributed by ATE Enterprises Limited.
4.3. The use of the training material is restricted to the Registered User who has been supplied materials by a Training Services Provider as part of an authorised TOGAF® course.  The use is limited to the duration of the training and the material remains the copyright of ATE Enterprises Limited and The Open Group.
4.4. The Registered User shall not copy, use, modify, transmit, distribute, or in any way exploit the copyrighted materials other than for their own training. Use for any other purpose is expressly prohibited by law and any violators will be prosecuted.
4.5. The Registered User shall not permit anyone else to copy, use, modify, transmit, distribute, or in any way, exploit the copyrighted materials
4.6. ATE Enterprises Limited does not warrant that the materials will be error free including technical inaccuracies, nor free of viruses, or other harmful matter. The entire cost of any necessary service, repair, or correction, is the Registered User’s responsibility.
4.7. ATE Enterprises Limited may make improvements, or changes, to this material at any time without prior notification.
4.8. Motif, OSF/1, UNIX and the “X” device are registered trademarks and IT DialTon and The Open Group are trademarks of The Open Group in the US and other countries. All other trademark, service marks and trade names in this material are the marks of the respective owners and any unauthorised use is prohibited.
4.9. All rights not expressly granted herein are reserved.
4.10. These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.

Contact

Email

sales@ate-enterprises.com

Mail

ATE Enterprises
Oakridge House
Wellington Road
High Wycombe
HP12 3PR
UK

Telephone

+44 (0) 1400 567 567

By fax

+44 (0) 870 220 4567 (fax)

Last updated 23rd February 2022