The terms and conditions in the Master License and Services Agreement between INCOGNITO and Customer govern each party’s obligations and rights and these Policies are subject to that Agreement:
INCOGNITO will provide such resources and utilize such employees and/or third-party consultants as it deems necessary to perform the Services as specified in the Statement of Work (“SOW”). The manner and means used by INCOGNITO to perform the services desired by the Customer are in the sole discretion and control of INCOGNITO. INCOGNITO shall use commercially reasonable efforts to meet the schedules and times of performance for the Services as set forth in the Statement of Work. INCOGNITO reserves the right to change named resources assigned within a SOW, and will provide Customer five (5) business days written notice.
Customer will provide INCOGNITO with such information, resources, data, materials, and technology owned or controlled by Customer or reasonably available to it as INCOGNITO reasonably requires in order to perform the Services (the “Customer Technology”). Customer grants INCOGNITO a royalty-free, non-exclusive, world-wide license to use the Customer Technology, and all Customer IP Rights covering such Customer Technology solely in order for INCOGNITO to perform the Services and to develop or prepare the Deliverables and Services (as defined in the SOW) under this Agreement.
Customer and INCOGNITO will each cooperate in good faith to achieve completion of the Services in a timely and professional manner. Customer understands and agrees that INCOGNITO’s provision of the Services may depend on the completion of certain Customer tasks and dependencies or adherence to Customer schedules within Customer’s control. Therefore, the schedule for completion of the Services or any portion thereof may require adjustments or changes in the event Customer or third party tasks or schedules change or are modified or are not completed as anticipated. INCOGNITO shall bear no liability or otherwise be responsible for any delay in the provision of Services or any portion thereof resulting from Customer’s failure to complete in a timely manner any Customer task or adhere to a Customer schedule.
To the extent that completion of INCOGNITO’s activities defined under a SOW requires direct End User interaction including but not limited to access to information, data, technology, resources, testing, response, review, and approval of INCOGNITO activities, Customer shall be responsible for ensuring such interaction is obtained in a timely and effective manner as prime contractor with the End User. To the extent that such interaction is not obtained or is delayed or deficient, INCOGNITO shall not be responsible for its performance.
INCOGNITO Training Services, Standard Operating Policies
The terms and conditions in the Master License and Services Agreement between INCOGNITO and Customer govern each party’s obligations and rights and these Policies are subject to that Agreement:
INCOGNITO will provide such resources and use such employees and/or third-party consultants as it deems necessary to perform the Training Services identified in a Statement of Work (“SOW”), work order, or invoice. The manner and means used by INCOGNITO to perform the training services desired by the Customer are in the sole discretion and control of INCOGNITO. INCOGNITO shall use commercially reasonable efforts to meet the schedules and times of performance for the Training Services as set forth in the SOW, work order, or invoice. INCOGNITO reserves the right to change any resources and will provide Customer five (5) business days written notice.
INCOGNITO retains all intellectual property and other rights, including copyright, to training courses, modules, and related materials. INCOGNITO warrants the training courses will be performed in a professional manner. INCOGNITO does not warrant the training courses, modules, or materials are error-free, and on an “as-is” basis. INCOGNITO disclaims any implied warranties or conditions.
eLearning
eLearning is delivered via the Internet using browser-based access to eLearning tools and modules on a self-learning basis. Access is controlled by time-based subscriptions to desired learning tools and modules as licensed by Customer for use by authorized end users. eLearning subscriptions and access is managed via INCOGNITO’s LMS (Learning Management System).
VILT (Virtual Instructor Led Training)
Virtual Instructor Led Training is delivered by a live instructor over the Internet, using screen sharing and VoIP (Voice over Internet Protocol) audio communications. Browser based access to virtual machines are also used to perform real-time exercises. VILT class scheduling, Participants requesting registration, and INCOGNITO confirming registration is managed via INCOGNITO’s LMS (Learning Management System).
On-Site ILT (Instructor Led Training)
On Site training is delivered by a live instructor, typically at a customer sites. Instructor Led Training is also delivered as Public Training at INCOGNITO provided sites.
(1) Scheduling of on-site ILT is required a minimum of twenty (20) business days prior to the first training day. Once confirmed by INCOGNITO, ILT training may only be cancelled by the Customer in accordance with the ILT cancellation policy set out below. Delivery of ILT training services is conditional upon INCOGNITO being provided a purchase order number at the time of scheduling.
(2) It is the responsibility of the Customer contact to inform the Participants of on-site ILT class dates and location, and to arrange any Participant required travel and living arrangements.
(3) Participants will be required to complete an attendance roster on the first day of a class, prior to the commencement of the class activities. Information required at that time includes Participant and Customer name, business address, email, telephone, and fax. Participants that do not arrive for ILT training as planned will be invoiced at 100% of the course fee.
(4) Participants missing the first day or more than 2) percent of the ILT class (for whatever reason) will only be permitted to participate in the remainder of the class at the discretion of the INCOGNITO instructor. The full class fee will apply to late arrivals. Participants missing more than 20 percent of a class will not receive a certificate of attendance from INCOGNITO nor will the course participation be recognized as a prerequisite for future training courses or Certification workshops and exams.
(5) Customers may substitute Participants attending ILT training, up to1 business day prior to the confirmed first day of training, provided the substituted Participants meet the specific course prerequisites. All substitutions must be submitted via email to the INCOGNITO Contact.
(6) All ILT cancellations must be submitted via email to the INCOGNITO Contact.
(7) No ILT cancellation charges apply for cancellation notices provided greater than 15 business days prior to the confirmed first day of training. In the event of cancellation within 15 business days prior to the confirmed first day of training, Customer will pay a 20% cancellation charge and, in the case of on-site ILT at a Customer designated location, any costs associated with flight and hotel cancellation charges incurred by the INCOGNITO instructor.
(8) INCOGNITO reserves the right to cancel Public Training ILT sessions if a minimum of 6 Participants cannot be confirmed 15 business days prior to of the scheduled first day of training. Should INCOGNITO cancel Public Training ILT sessions, Customer will not be liable to pay training fees. INCOGNITO is not liable for any losses incurred by Customers if a class is cancelled for whatever reason, including, but not limited to nonrefundable/ discounted airfares.
(9) ILT class sizes are limited to a maximum of 12 Participants, 1 Participant per workstation.
(10) On-site ILT Customer training will require a minimum of 1 business day of access to the Customer training facility prior to the confirmed first day of training. Customer will complete the facility preparation tasks identified by the INCOGNITO instructor. Customer must provide INCOGNITO with facility and IT technical support staff during the period of setup and during training execution to assist with facility and IT technical issues.
(11) The Customer will be fully responsible for all facility costs associated with the Customer’s training facility.
