Session Client Policy
The Sessions Client Policy sets out the terms and conditions under whichVDC.cloud Professional Services Ltd, a company registered in England and Wales (No. 07083154), VDC.cloud Managed Services Ghana Ltd, a company registered in Ghana (No. CS287762018), a legal entity independent from the others, and VDC.cloud Professional Services Asia Pte. Ltd, a company registered in Singapore (UEN: 202106665H), legal entities independent from each other, herein mutually referred to as using the trading name "VDC.cloud" or "we" in their respective business regions, grant to You, a licence to use VDC.cloud's virtual sessions platform (the "Site") which is dedicated to facilitating the supply and participation in technical workshops and technical training bootcamp services (the "Agreement").
VDC.cloud and Learn Multi-Cloud are the trading names of VDC.cloud Professional Services Ltd,VDC.cloud Managed Services Ghana Ltd and VDC.cloud Professional Services Asia Pte. Ltd.
1. YOUR AGREEMENT WITH VDC.CLOUD
The Sessions Client Policy governs the activities of Clients in relation to Your use of the Services. By using the Services, you accept the Sessions Client Policy terms. VDC.cloud reserves the right to change the terms relating to the Sessions Client Policy (or any part) at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. Read it carefully and ensure that You understand its effect before proceeding to use the Services. If You disagree with any part of the Sessions Client Policy, do not use the Site or the Services. If You are uncertain as to Your rights under these Sessions Client Policy Terms or You want any explanation about them please contact us.
The following definitions shall apply in this Agreement:
Account means the secure account(s) created by You, which holds Your personal information and from where You can access the Services via Your VDC.cloud Login.
Additional VDC.cloud Credits refers to VDC.cloud Credits that are credited to Your Client Account by VDC.cloud because of e.g., the distribution of a Referral Discount Code, any offer or discount, a goodwill gesture or similar gifting/ promotion. Such shall have no cash equivalent, shall not be refundable or capable of being withdrawn other than by means of a redemption in respect of Services and shall expire six (6) months from issue.
Client means a person who is registered to use the VDC.cloud Sessions Site section with a view to directly engaging with VDC.cloud for the provision of Workshops and training bootcamps Services, whether that be an employee of the Client's business and/or the owner(s) of the Client business.
Client Fees means the amounts collected by VDC.cloud from Client.
Client Ratings means the feedback left by a Client on the Site in response to the performance of the Services by a particular VDC.cloud Learn Multi-Cloud Session Consultant which is scored on a 1-5-star rating (1 being poor; 5 being outstanding).
Client Tools refers to the minimum requirements for using and accessing the VDC.cloud Sessions Services including the use of a computer, recommended browser, webcam, a broadband internet connection (with sufficient bandwidth), a sound card and a headset and microphone.
Confidential Information means any information which is imparted or obtained under this Agreement by VDC.cloud to You on, before or after the commencement in confidence (whether in writing, verbally or by other means and whether directly or indirectly) or is of a confidential nature, relating to the business or prospective business, current or projected plans or internal affairs of VDC.cloud including, but not limited to information pertaining to VDC.cloud Learn Multi-Cloud Session Consultants, logging in, VDC.cloud correspondence and any other commercial, financial or technical information or other information relating to the business or prospective business of VDC.cloud which might reasonably be considered to be confidential in nature.
Contract means the period during which, and the terms upon which, You are provided with Services by VDC.cloud via the VDC.cloud Site.
Data Protection Legislation the Data Protection Act 2018, the Data Protection Directive (95/46/EC), the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection Directive (2002/58/EC), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003) and all applicable laws and regulations relating to the processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner.
Deemed Start Date means the date and time when payment of Client Fees are received by VDC.cloud.
Dispute means any dissatisfaction expressed by You or any complaint made by You or any other dispute or potential dispute or claim made by You in connection with the provision of the Services rendered by a VDC.cloud Learn Multi-Cloud Session Consultant.
Intellectual Property Rights patents, rights to inventions, copyright and related rights, trademarks, trade names, domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including without limitation know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
Losses means any claims, losses, demands, actions, third party claims, damages, costs (including court costs and legal fees), fines, liabilities, obligations, liens and expenses.
Materials refer to content relating to the Services (including images (audio and/or visual), text, music, trademarks, symbols, logos and slogans).
VDC.cloud Sessions Services includes the provision of an online platform i.e., a website whereupon VDC.cloud provides an ability to attend technical sales workshops and training bootcamps, back-office support including customer services, billing, website and IT services including the use of the virtual space.
Service Fee a per transaction booking fee charged to Client when booking a session. This is paid either when booking a session or purchasing credits to be used to book a session.
Recordings refer to the recording of any session which can be accessed and viewed for up to three (3) months thereafter.
Referral Discount Code refers to the promotional discount code that VDC.cloud may provide to registered clients to pass on to new prospective new clients.
Services refer to the Virtual Sessions provided by VDC.cloud.
Sign Up means registering on the Site as a Business Client set out in clause 3.4.
Site means a website owned and managed by VDC.cloud using the vdc.cloud domain including any learnmulticloud.com backend sites.
Written Notice means any notice given under this Agreement shall be in served by e mail by VDC.cloud.
3. CLIENT OBLIGATIONS
When You use the Site and the VDC.cloud Sessions Services and when You book and accept the Sessions Client Policy, You must comply with any requirements as directed by VDC.cloud as amended from time to time and in accordance with these Sessions Client Policy Terms.
- To provide all service, telephony and/or other fees and costs associated with Your access to and use of the Services;
- To obtain and maintain all Client Tools to use and access the Services.
- That any problem concerning a technical issue regarding a Client"s personal computer or internet service provider is not the responsibility of VDC.cloud. You must use a headset and microphone (not loudspeakers) which must be plugged in and fully configured.
- To provide promptly and give to the VDC.cloud Learn Multi-Cloud Session Consultant all such information as they may reasonably require in connection with the provision of the Services;
- To provide promptly and give to the VDC.cloud Learn Multi-Cloud Session Consultant all such information as they may reasonably require in connection with the provision of the Services;
- To notify VDC.cloud immediately should the participant become ill or otherwise unable to take part on a Session in any way.
VDC.cloud can notify any VDC.cloud Learn Multi-Cloud Session Consultant on Your behalf if You have not already done so;
- Any qualification of the VDC.cloud Learn Multi-Cloud Session Consultant is verified, validated and checked by VDC.cloud;
- To contact a VDC.cloud Learn Multi-Cloud Session Consultant via his/her VDC.cloud email only and VDC.cloud instant messaging facility via the VDC.cloud Site only.
Other means of communication is prohibited;
- Not to act as an agent to promote the services or opportunities of VDC.cloud without written approval from any of the VDC.cloud companies; and,
- Not to publish any abusive comments about a VDC.cloud Learn Multi-Cloud Session
Consultant or another Participant on the Site or any other place including defamatory or derogatory comments.
4. VDC.cloud OBLIGATIONS
VDC.cloud agrees to:
- Provide the VDC.cloud Sessions Services with all due care, skill and ability and in a timely manner and in the best interests of the Client and the VDC.cloud Learn Multi-Cloud Session Consultant;
- Provide promptly and give to the Client all such information as they may reasonably require in connection with the provision of the VDC.cloud Sessions Services.
You are responsible for validating the proper functioning of the Client Tools during the free meeting where necessary.
In exceptional cases, there may be other reasons relating to incompatibility or otherwise as to why You may be unable to successfully validate and access the Services.
VDC.cloud uses all reasonable endeavours to make the Services available to all and where this is not possible for any reason whatsoever, VDC.cloud shall not be responsible nor liable to You as a result of any act or omission on Your part relating to Your inability to access the Services in whole or in part including but not limited to:
- Resultant feedback (echo), audio break-ups, video or sound delays;
- Your failure to use and configure the prescribed headset and microphone;
- Your failure to at least meet the minimum system requirements.
You acknowledge and accept that from time to time, You may experience entire or partial failure of Your video during a Session due to fluctuations or insufficient bandwidth and under such circumstances, You agree that the Session shall continue without video and confirm that this is acceptable to You in all circumstances.
For the avoidance of doubt, You will not receive a full or partial refund for bandwidth-related interferences.
5. CONDUCT AND FRAUD
You may only access the Site and use the Services for lawful purposes.
You are responsible for complying with any and all laws, rules, and regulations relating to Your use of the Services.
You agree that You will treat the VDC.cloud Learn Multi-Cloud Session Consultants with respect and not use obscenities, make threats, or discuss matters other than those directly related to the subject of the Session.
You agree that You will not disclose any information to a VDC.cloud Learn Multi-Cloud Session Consultant that could be considered personally identifiable information including Your address, telephone number, email address, National Insurance number, password or any other information that could be used to identify or locate You.
A violation of this Agreement may lead to a suspension of Your Account and a termination of this Agreement.
Notwithstanding this clause, it is understood that VDC.cloud will pass Your name on to Your VDC.cloud Learn Multi-Cloud Session Consultant to enable You to use the Services.
You agree that You will not solicit any such information from any VDC.cloud Learn Multi-Cloud Session Consultant, and agree that if any VDC.cloud Learn Multi-Cloud Session Consultant ever discloses such information to You, asks You for any personal information, or suggests any offline meeting or conversation, You will immediately report this to us.
We may terminate any Session where we consider, in our sole discretion, that You are uploading or otherwise transmitting inappropriate content.
You shall not, without the prior written consent of VDC.cloud, at any time from the date of commencement of these Client Terms to the expiry of six (6) months after termination of these VDC.cloud Sessions Client Terms whereupon Your Account and VDC.cloud Login are deactivated, solicit or encourage one to one tuition or other tuition services either in person or online to a person who is, or has been, a VDC.cloud Learn Multi-Cloud Session Consultant introduced to You by VDC.cloud.
6. INTELLECTUAL PROPERTY
When using the Services, if You publish any User Generated Content via the VDC.cloud Site by way of uploading text, images or videos or contributing to publicly accessible areas of the Site, You automatically grant:
- To VDC.cloud, a worldwide, non-exclusive, royalty-free, perpetual, transferable license (with right to sub-license) to use, record, publish, distribute, prepare derivative works of, display and perform all that User Generated Content, or any part of it, and the Intellectual Property Rights therein, in connection with the provision of the Services, including without limitation the reproduction and sale of the User Generated Content, or any part of it, and products incorporating the same for use by any person anywhere in the world including promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels;
- To each user of the Services whether registered as a VDC.cloud Learn Multi-Cloud Session Consultant or Client or not, a worldwide, non-exclusive, perpetual, royalty-free license to access Your User Generated Content through the Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Generated Content to the extent permitted by the functionality of the Services and under the terms of this Agreement.
"Publicly accessible" areas of the Site are intended by VDC.cloud to be those parts of the Site that are available to all of those visiting the Site whether registered on the Site or not.
You acknowledge that all Sessions You participate in may be recorded and You agree to the storage and use of such Recordings by VDC.cloud.
You agree that any User Generated Content You contribute to Sessions or to the Site and/ or Services in general will not contain any third-party copyright material, or material that is subject to other third-party proprietary rights (including rights of privacy or rights of publicity), unless You have a formal agreement or permission from the rightful owner, or are otherwise legally entitled to use the User Generated Content in question.
All Intellectual Property Rights in all Materials produced by the VDC.cloud Learn Multi-Cloud Session Consultant pursuant to the performance of the VDC.cloud Sessions Services shall be the property of VDC.cloud.
The Intellectual Property Rights contained on the VDC.cloud Site cannot be used, modified, copied, distributed, adapted, altered, or in any way dealt with, without VDC.cloud's written permission.
You acknowledge that all Intellectual Property Rights in and relating to VDC.cloud are owned by VDC.cloud or VDC.cloud's licensors.
7. CANCELLATIONS, RESCHEDULING, NO-SHOWD
This clause shall not apply to any cancellation or termination of a VDC.cloud Session.
8. RATINGS AND FEEDBACK
It is a feature of the Site and the VDC.cloud Sessions Services that the Client will leave Client Ratings.
During the last five (5) minutes of a Session, a VDC.cloud Learn Multi-Cloud Session Consultant may complete feedback or comments or suggestions for You (which You will be able to access via Your Account).
A VDC.cloud Learn Multi-Cloud Session Consultant or a Client can report or raise any issues or concerns that they might have with the other at any time.
Whether such feedback is complimentary or more similar to a Dispute, VDC.cloud will have full discretion as to whether they inform the other of such feedback.
Where deemed necessary, VDC.cloud is entitled to carry out an investigation upon receipt of such feedback or comments and in exceptional cases, VDC.cloud is entitled to suspend the VDC.cloud Sessions Services until an investigation is carried out and may in exceptional cases be entitled to terminate Your Agreement forthwith.
9. DATA PROTECTION AND PRIVACY
In respect of any Personal Data (as defined in the Data Protection Legislation processed by VDC.cloud and the VDC.cloud Learn Multi-Cloud Session Consultant pursuant to these VDC.cloud Session Client Terms, both parties warrant that they shall comply and will continue to comply with the Data Protection Legislation and any regulations made thereunder (including but not limited to the Data Protection Principles, as defined in the Data Protection Legislation).
The Client hereby agrees that by releasing any Personal Data as submitted by the Client on the VDC.cloud Site, You acknowledge that You are wilfully providing Your Personal Data for the purpose of receiving the Services.
All Disputes reported to VDC.cloud by a Client via the Site will be investigated by VDC.cloud.
The parties agree that they shall attempt in good faith to resolve any Dispute promptly through negotiations between You and an officer of VDC.cloud.
VDC.cloud will use all reasonable endeavours to provide a written response via email to any issue raised by a Client via the Site within fourteen (14) days. VDC.cloud reserves the right to inform a Client respectively of any Dispute raised against them and to provide them with a copy of any response provided by VDC.cloud.
uring any given Contract, You must inform VDC.cloud immediately and in any event, within forty eight (48) hours, of any Dispute You may have with a VDC.cloud Learn Multi-Cloud Session Consultant in connection with the provision of the VDC.cloud Sessions Services rendered by a VDC.cloud Learn Multi-Cloud Session Consultant.
You agree to cooperate fully with VDC.cloud in resolving any Dispute with a VDC.cloud Learn Multi-Cloud Session Consultant.
VDC.cloud reserves the right to suspend Your Account with immediate effect while an investigation is conducted.
Your Account may be reactivated once an investigation has been completed.
The outcome of any investigation instigated by You is entirely at VDC.cloud's discretion, acting reasonably.
11. WARRANTIES AND INDEMNITIES
As a Client, You hereby warrant, represent and undertake to VDC.cloud that:
Client's participant(s) is/are at least eighteen (18) years of age;
ou are personally responsible for the information posted by You on the Site and submitted throughout Sign Up and Registration which You shall ensure is accurate, true, up-to-date and complete at all times during;
You will comply with all the Client obligations set out at clauses 4 and 5.2;
You agree at all times to comply with the provisions of the Data Protection Legislation;
You agree to comply with all applicable laws, regulations and codes of practice which regulate the activities of the online environment;
You will protect Your unique password.
You accept full responsibility for any Disputes raised as a result of issues connected to the performance or non-performance of VDC.cloud Tools affecting Your proper access to the VDC.cloud Sessions Services;
12. LIMITATION OF LIABILITY
We shall in no circumstances be liable to You in contract, tort (including negligence) or otherwise for any consequential, special or incidental loss or damage (whether direct or indirect) or any loss of profit, anticipated profits, business, data, opportunity, revenue, goodwill, or reputation arising from Your use of the Site or the Services.
Our liability to You whether in contract, tort or otherwise shall in no circumstances exceed the total Client Fees paid by You in the one (1) month preceding the date on which the liability arose.
Nothing in these Client Terms is intended nor shall it be construed as an attempt by any party to exclude or limit its liability for any liability which cannot be excluded or limited under applicable law, including without limitation:
- Death or personal injury caused by negligence;
- Fraud or fraudulent misrepresentation; and
- Breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
Assignment: You shall not, without the prior written consent of VDC.cloud, assign, transfer, charge, sub-contract or deal in any other manner with all or any of Your rights or obligations under these VDC.cloud Sessions Client Terms.
VDC.cloud may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these VDC.cloud Sessions Client Terms.
Enforceability: If any one or more of the provisions of these VDC.cloud Sessions Client Terms should be held to be invalid, illegal or unenforceable in any respect, the validity and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired and the parties shall amend these VDC.cloud Sessions Client Terms to add a new provision having an effect as near as legally permissible to the one held to be invalid, illegal or unenforceable.
Each of the parties acknowledge and agree that in entering into the terms of this Agreement it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this Agreement or not) relating to the subject matter of this Agreement other than as expressly set out in this Agreement.
Neither VDC.cloud Learn Multi-Cloud Session Consultants or Clients have the power to bind VDC.cloud in any way in respect of the obligations of the one to the other.
No Partnership: Nothing in this Agreement is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose.
We keep our statement under regular review.
These Client Terms were last updated on 06th April 2022.