Terms and Conditions for training services by Tee N Ace Ltd (trading as Agile Matrix) version 08/03/2021

We have to clarify some rules, rights and obligations in a way that is as unambiguous as possible. This makes it easier for you and for us to know what to expect from each other. We’ve tried to keep it short and simple as possible.

1. Definitions

“We” or “us” means Tee N Ace Ltd (trading as Agile Matrix), a limited liability company organized under the law of the United Kingdom (UK), and having its registered address at 57 Princes drive, Pontefract. WF8 4SP

“You” means any (legal) entity or person that has reached an agreement with us;

“Agreement” or “participation” means the arrangement in written or digital recording, based on which you can participate in a selected course;

“Course” means any training, workshop or event offered by us, or parties acting on behalf of Tee N Ace Ltd (trading as Agile Matrix) ;

“Trainer” means any natural person representing, or acting on behalf of us who is responsible for facilitating, teaching or offering a course;

“Force majeure” means any external cause, expected or unexpected, including those specified in English Law and jurisprudence, over which we have no control and that hinder us from facilitating, teaching or providing a course or honor commitments we made to you;

2. Applicability

2.1.         These terms and conditions apply to all agreements that come into effect by registering for one of the courses offered by us on our website or designated platforms managed by us. This includes registrations done by yourself and registrations performed by us, acting on your request, or by a third-party acting on your behalf;

2.2.         By entering into an agreement with us, you agree to our full Terms and Conditions;

2.3.         Our terms and conditions continue to apply fully even when we do not strictly enforce them;

2.4.         These terms and conditions supersede any of your purchase conditions and other terms and conditions you may want to use, unless agreed differently by you and us, explicitly and in written form;

3. Agreement

3.1.         The agreement between you and us starts after you receive our written confirmation of your registration;

3.2.         In addition to the written confirmation you will also receive a VAT invoice. If you have not already paid in full as part of your registration, you are required to pay the invoice in full before participating in the course;

4. Canceling or rescheduling your participation

4.1.         You may cancel your participation for up to 21 days before the course starts. We will refund the invoiced amount. We reserve the right to deduct any fees we have incurred from any refund provided at your request. This may include, but is not limited to credit card, bank transfer or currency conversion fees. If you cancel within 21 days, the following rules apply:

■  If you cancel within 21 days before the course starts, you are not entitled to a refund and remain required to pay the invoiced amount;

■  The rules specified in the first bullet apply to all situations, including force majeure;

4.2.         A request to cancel must be made to us in written form. A cancellation becomes effective only after you receive our explicit and unambiguous confirmation;

4.3.         You may ask us to reschedule your participation to a future date on which we offer the same course (publicly). We reserve the right to decline such requests, or offer alternative options, based on availability, location, pricing and attendance of the preferred future course. Rescheduling is free of charge if your request is received 21 days before the course starts. If your request is received and accepted within 21 days, additional fees apply:

■  If your request to reschedule is received within 21 days before the course starts, and is accepted by us, we will charge an additional fee of 25% of the invoiced amount to make the transfer;

■  The rules specified in the first bullet apply to all situations, including force majeure;

■  You don’t have to pay additional fees when we cancel the course as described in article 5;

4.4.         Your request to reschedule must be made to us in written form. Your participation will be rescheduled after you receive our written and unambiguous confirmation of your request;

4.5.         If your participation is rescheduled to a course that is offered for a higher price, we will invoice you for the difference. We will not compensate you for any costs you made, either directly or indirectly resulting from your request to reschedule a course;

4.6.         Failure to show up for class, or leaving the class part way through will result in forfeiture of all payment. You will not receive training materials or assessment invites/certification.

5. Cancellations or rescheduling a course

5.1.         We are not required to uphold any commitments that we have made to you as part of the agreement in the case of a force majeure situation;

5.2.         We have the right to reschedule or cancel a course when the trainer is unable to provide the course through a force majeure situation or illness. This also applies to courses facilitated by multiple trainers;

5.3.         We have the right to reschedule or cancel a course when the number of participants is too low. The decision of what is too low is entirely up to us;

5.4.         We reserve the right to substitute the trainer listed for a class with another suitably qualified alternate trainer at any time. We will make the decision as to who is a suitably qualified trainer;

5.5.         We reserve the right to change the venue and location of a course at any time. Where this happens, we will select a new venue in the same city and as close to the original venue as possible. We may also switch any course from in-person to online.

5.6.         In the case of cancellation or the rescheduling of a course to a future date (5.1, 5.2 and 5.3), we will do our very best to inform you in written form as soon as possible. We will also do our very best to reschedule the course to the earliest possible date and give you the opportunity to participate;

5.7.         When we are required to cancel a course as per 5.1, 5.2 or 5.3, you will be refunded the full amount that you paid us for your participation, regardless of the terms defined in 4.1. We will not compensate any other costs that you have made, directly or indirectly, or that have been made for you by others, including loss of income, travel and accommodation;

5.8.         When we are required to reschedule a course as per 5.1, 5.2 or 5.3, you have the right to cancel your participation and receive a full refund of the money you paid us for your participation, regardless of the terms defined in 4.3. We will not compensate any other costs that you have made, directly or indirectly, or that have been made for you by others, including loss of income, travel and accommodation;

5.9.         We recommend that travel and accommodation are not booked until the email is received from the instructor confirming the class. This typically is sent out around 7 days before the start of a class.

6. Prices

6.1.         All prices are excluding VAT, unless specified otherwise;

6.2.         All prices are including course materials and refreshments, unless specified otherwise.

6.3.         Prices include assessment & certification where stated on the course description.

6.4.         Prices are based on the circumstances applicable at the time of the registration. If the circumstances change after your registration, we retain the right to adjust the prices accordingly;

7. Payment

You are required to pay for your participation in full before the course take place. We reserve the right to decline you access to the course if you have not paid in full, in which case you remain obligated to pay for your participation in full and are not entitled to any compensation;

7.1.         Where an invoice is overdue, we reserve the right to reschedule or cancel the course and/or your course place without informing you.

7.2.         Where invoices remain unpaid at the time a course takes place, you will not be entitled to receive any assessment invite or certification until full payment has been received.

Full payment will include any additional administration fees and interest payments.

7.3.         Where invoices remain unpaid after a course takes place, we reserve the right to make additional charges to cover our administration costs.

The amount of additional charges will be set by us and may be up to 30% of your invoiced amount.

7.4.         We reserve the right to charge interest on any invoices which are overdue at the rate of 10% per annum above the Bank of England base rate, from time of the due date until the date of payment is received full.

8. Liability and indemnity

8.1.         We are not liable, on the basis of the law or under agreement, for consequential loss which you or a third party might suffer with regard to the performance of the agreement or (the use of) the courses, also including loss of profits, environmental damage or intangible loss. In all events, our liability is limited to the invoiced amount of that part of the agreement from which the damage has arisen;

8.2.         Unless the damage is caused by intention or gross negligence on our part, you will indemnify us from all claims of third parties, directly or indirectly related to the performance of the agreement, or as the case may be (the use of) the courses and will compensate us for all damage that we suffer as a result of such claims;

8.3.         We are not liable for any compensation of damage if a course is interrupted, rescheduled and/or cancelled due to unforeseen circumstances as referred to in article 5.

8.4.         We reject any liability for damages resulting from disfiguration of information, delay, lack of clarity and/or other errors in the communication between you and us as a result of the use of the Internet or any other means of communication;

8.5.         We reject any responsibility for issues, bugs, delays or lack of clarity caused by the intermediate platforms we use for handling registrations.

8.6.         We reject any responsibility for events resulting from your failure to read or respond to any communications we make to you (most commonly via email). This includes communications regarding changes to course arrangements such as a venue or timing change. If you do not receive our communications it is your responsibility to contact us to reconfirm any course arrangements.

9. Intellectual property

9.1.         The intellectual properties of all training materials, documents, sheets, formats and facilitation techniques that are made available to you before, during or after a course remain entirely with us or with our licensors;

9.2.         You are not allowed to disclose any of materials mentioned under 9.1, unless you have our explicit written permission;

10. Privacy

10.1.    We may record video, audio or still images at any of our public courses. You agree to appear in any promotional materials created from these recordings unless you opt out in writing in advance of the recording being made.

10.2.    We will use the billing and attendee contact details you provide during the registration process to provide you with further details regarding course. We may also include you on our mailing list, which we use to contact you from time to time with information on our other activities and events. You can unsubscribe from the mailing list at any time. We will also share your contact details with our partners including, but not limited to Kanban University.

10.3. We may use your name, image, description, reviews/recommendations and company details in promotional materials including our website. You can opt out of this at any time by notifying us via email.

10.4.    Details of our privacy policies can be found at https://agilematrix.org/privacy-policy/

10.5.    We value safety and inclusiveness. Details of our Equality, Diversity and Inclusion Policy can be found at agilematrix.org/equality-diversity-and-inclusion-policy

11. Applicable law

To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with English law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in England.

12. Coronavirus (COVID-19) Pandemic

Our policies and response to COVID-19 for in-person training courses are available here. We will do all we can to ensure your safety but it is of course impossible for us to eliminate all risk. If you are still unsure, we recommend you book one of our live & online courses where you can attend remotely to mitigate all safety concerns & risk.

13. Digital Products

13.1.     These Terms and Conditions relate to Digital Product sales.
“Digital Products” refers to pre-recorded video courses, assessments and any other product that does not involve a live trainer.

13.2.     By purchasing Digital Products through this site, you are agreeing to these terms and entering into a contract with No Limits Media Solution Ltd. Country of Merchant Domicile: the Country of Merchant Domicile is the United Kingdom.

13.3.     All advice is provided “as is” with no warranties or indemnities as to its appropriateness for your particular situation. Agile Matrix takes no responsibility for the implementation of any advice or the outcomes of such implementation.

13.4.     When you purchase access to the Digital Products you are purchasing a non-transferable, non-exclusive right to access the information. You may not publish or share the Digital Products or your login details with anyone else. If your details are found to be shared your access will be cancelled. If you wish to purchase company-wide access, please get in touch.

13.5.     By purchasing access, you agree to Agile Matrix using your participation in publicity materials and listing your company as a customer on the Distilled website.

13.6.     Return, refund and cancellation policy: Our policy is not to offer refunds on Digital Products. Should you consider your situation to be a special circumstance then please get in contact with us and we shall consider your individual request. In the event that we do issue a refund, your access to the Digital Products will be revoked.

13.7.     Agile Matrix provides no guarantee of availability of the webserver or hosting of the Digital Products. Agile Matrix will make commercially reasonable efforts to provide availability. In the event of continued unavailability, Agile Matrix will make commercially reasonable efforts to make the Digital Products available to download locally.

13.8.     In the event of any Digital Products being discontinued, Agile Matrix will ensure you have a minimum of 90 days access to any digital products you have purchased.

13.9.     You are responsible for any local sales taxes other than EU VAT.

13.10.     Agile Matrix reserves the right to vary these terms from time to time. If you choose not to accept updated terms, access to the service will be revoked.

13.11.     Any Digital Products which are purchased on a subscription basis will be subject to the following:
–“Monthly” subscriptions will be charged each month on the same day as the day of the month when the subscription was first activated.
–“Annual” subscriptions will be charged each year on the same day and month as the day and month as when the subscription was first activated.
–If the charge is scheduled for a day that does not exist in the month being charged (for example the 31st June), then the charge will instead occur on the last day of that month.

13.12.     For any customer enquiries, please email Support@Agile Matrix

14. Affiliate Program

14.1.     These Terms and Conditions relate to our Affiliate Program.

14.2. Commissions – For a sale to generate a commission to an Affiliate, the customer must complete the order form, remit full payment for the product and attend the course (if it is a live course).
–Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured and implemented Affiliate links.
–Properly coded links are the sole responsibility of the affiliate.
–Commissions will not be applied if the correct links are not used.
–Commissions can be viewed on the Affiliate Dashboard.

14.3. Payouts – Payouts can be requested every 30 days.
–Payout processing can take up to 30 days from the request date.
–Payments will be paid as store credit on Agile Matrix only can only be used to purchase live courses run by Temitope Awere and any other person contracted by Agile Matrix , Video Courses or Practice Assessments.
–There is no cash equivalent available.
–Payouts are non-transferable and must be used by the affiliate.
–All credit must be used within 1 year of payout.

14.4 Refunds – In the event a customer requests a refund for a transaction for which the Affiliate has earned commissions, any commissions earned on the refund amount will be deducted from the Affiliate’s balance.

14.5. Usage and Obligations – Affiliates are permitted to use our brand and marketing resources. Logos and other assets cannot be modified.
–The Affiliate does not gain any trademark, copyright or any other rights to these materials.
—The Affiliate will never imply that they are acting on behalf of Agile Matrix and will never advertise our products directly.
–The Affiliate will never bid for advertisements that compete with us.
—-The Affiliate will never represent themselves, us or their relationship with us in a false or misleading way.
—The Affiliate will not engage in the distribution of an unsolicited bulk email (spam) mentioning or referencing Agile Matrix

14.6. Term and Termination – Either party has the right to terminate the agreement immediately without prior notice.
—If the Affiliate terminates the agreement, no further commissions from us will be paid for any past or future customer transactions.
—If we choose to terminate the agreement, any balance greater than £25 will be paid to the affiliate within 60 days of termination. Balances that are smaller than £25 will be forfeited.

14.7. Modification – We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available commissions, commission schedules, payment procedures and Affiliate Program rules.

14.8.     For any affiliate enquiries, please email Support@agilematrix.org