Terms and Conditions

This Agreement contains the terms governing your relationship as a customer and/or student with Nexient Learning Inc. ("Nexient"), and governing your use of this site. If you do not accept the terms of this Agreement, please do not enroll in Nexient courses and please discontinue any use of this site. All references to "we", "us" or "our" refer to Nexient. All references to "you" or "your" refer to you as the customer and/or student. The terms of this Agreement are as follows:

Privacy: Our Privacy Policy is part of this Agreement. IF YOU HAVE NOT READ THE PRIVACY POLICY, PLEASE DO SO NOW BY CLICKING HERE YOU ACCEPT ALL OF THE TERMS OF THE PRIVACY POLICY. You acknowledge that the Privacy Policy, amongst other things, permits us to provide information about you to certain Nexient "partners" and to certain businesses which may be able to provide you with materials and services related to the courses that you take with Nexient.

Nexient Courses: We offer courses at our sites, online, or, if we agree, at your site. Our offerings of courses and materials are described both in printed publications made available by Nexient and at this website. Courses begin on the date scheduled in our course schedule, or if that date is not available, on the alternate date stated in the enrollment confirmation which we send to you. You may cancel your enrollment in accordance with the section entitled "Course Cancellation Policy", found below. Unless we agree otherwise in writing, you may not use recording, photographic or video equipment in any of our classes.

Course Cancellation Policy: Due to the complexity of scheduling our many courses, we cannot permit cancellations and rescheduling except in accordance with this Agreement. If you wish to cancel a course registration, please contact us with your request for cancellation by calling or faxing the number found on your enrollment confirmation and specify the course name, course date, customer name, and student names (if different from the customer). We will then process your cancellation, based on the time when we first receive your cancellation notice, during our regular business hours.

The refund policy for cancellations is as follows:

Office Application Training - Instructor Led Training:
Cancellation notice of 5 (five) business days is required to cancel a course without penalty.
Cancellation notice of less than 5 (five) business days prior to the start of the course or non-attendance will result in a charge of 100% of the course cost.

Public Schedule (non-Office Application Training) - Instructor Led Training:
Cancellation notice of 10 (ten) business days is required to cancel a course without penalty.
Cancellation of less than 10 (ten) business days prior to the start of the course or non-attendance will result in a charge of 100% of the course cost.

Group Training and Facility Rentals:
Cancellation notice of 10 (ten) days is required to cancel a private course or classroom rental without penalty.

Cancellation of less than 10 (ten) days will result in a 100% of the private training or classroom rental cost.
Substitutions of enrolled students in scheduled classes are permitted prior to the class start on the first day. Our choice of instructor for any course is subject to change.

Please note that we may cancel, postpone or reschedule a course in our sole discretion, but if any available substitute dates are not suitable to you, you shall receive a full refund.

Nexient Course Materials: Nexient course materials may be available in printed, audio, video or electronic form. All such materials are protected by copyright and each student may make a single copy of materials available for a course in which that student is enrolled, plus one backup copy, solely for the purpose of completing the Nexient course. All materials may not otherwise be copied, distributed, communicated or used in any manner without the written permission of Nexient. We update our course materials from time to time but we do not warrant the accuracy of all such materials. Some course materials are provided to you with specific separate license terms under shrink-wrap or other formats, and you agree to abide by such license terms.

Charges: The charges for courses and course materials in our published schedule and on our website are for your information only and are subject to change without notice up to the date we either confirm enrollment in a course, or we ship your order for course materials, as the case may be. The prices for courses includes the use of required Nexient course materials and equipment available at our site, but does not otherwise include student travel, living, computer, stationery and other expenses. Prices for course materials do not include shipping which is extra. We quote prices for courses held at your site on a special basis depending on several factors such as your provision of appropriate classroom space, facilities and computer time. You agree to pay any taxes, duties or government levies of any kind resulting from transactions under these terms except taxes based on Nexient's net income. We may charge you for late payments on terms specified in the invoice or at this site. We shall have no obligation to provide you with any courses or other services or materials unless we receive full payment from you or authorization for payment satisfactory to us. Upon any failure to make payment in respect of any transaction, we may terminate the enrollment of you and any students registered by you.

WARRANTY: Nexient takes great pride in its course offerings, but we cannot guarantee the outcomes or results of any course you may take with Nexient. The success of any course depends significantly on the effort and commitment of students. If you are not completely satisfied with the training received, Nexient will repeat the training at no additional charge. THIS IS OUR MAXIMUM LIABILITY TO YOU FOR ANY DISSATISFACTION WITH A CLASS OR COURSE MATERIALS. THESE WARRANTIES REPLACE ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. WARRANTIES ON THIRD PARTY EDUCATION MATERIALS SHALL BE LIMITED TO THOSE PROVIDED BY THE MANUFACTURER OR PUBLISHER.

LIMITATION OF LIABILITY: EXCEPT FOR WARRANTY CLAIMS AS DESCRIBED IN THE SECTION ENTITLED "WARRANTY", WE HAVE NO OTHER LIABILITY TO YOU WHATSOEVER, EXCEPT FOR: DAMAGES FOR PHYSICAL HARM TO PERSONS CAUSED BY OUR NEGLIGENCE; DAMAGES FOR PHYSICAL HARM TO TANGIBLE PERSONAL PROPERTY AND REAL PROPERTY CAUSED BY OUR NEGLIGENCE. THIS LIMITATION ALSO APPLIES TO OUR SUBCONTRACTORS. IT IS THE MAXIMUM YOU ARE ENTITLED TO RECEIVE FROM US AND OUR SUBCONTRACTORS COMBINED. THIS "LIMITATION OF LIABILITY" SECTION APPLIES REGARDLESS OF THE BASIS ON WHICH YOU ARE ENTITLED TO CLAIM DAMAGES FROM US, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT EVEN IF A FUNDAMENTAL BREACH, OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR MISREPRESENTATION.

Time Limit for Legal Actions: Neither of us will bring an action under this Agreement more than two years after the cause of action arose. If you do not meet your payments, each time you do not pay will be considered a new cause of action.

Organizations that Market our Products: We have a contractual relationship with certain organizations or individuals, (such as agents) to market and support some of our courses and course materials on our behalf. Orders you place with us for our courses and course materials may be as a result of the marketing activity of these organizations. If so, we confirm that we are responsible for providing these courses and course materials to you under these terms. However, we are not responsible for any additional obligations these organizations may have to you or for any other products and services that they (and not we) may supply to you.

Changing These Terms: To be responsive to your needs and to maintain flexibility in our offerings, we may change these terms without notice. However, these changes will apply only to courses or course materials which we have not yet confirmed to you in writing. Unless otherwise provided in these terms, we may withdraw courses and course materials or change the contents of the course schedule or our website at any time without notice.

Accuracy and Quality of Information Provided to Nexient: You guarantee that all of the information you provide to Nexient is accurate. You may not submit to or post any information or images with Nexient which may be illegal, harmful, defamatory, infringe the rights of others or are otherwise objectionable, as we determine in our sole discretion. You indemnify Nexient for any third party claims arising from any material you submit, post or otherwise make available to Nexient in any way. If you breach this paragraph, Nexient shall have the option of canceling your enrollment, including all students enrolled by you, in all Nexient courses, and we may remove any information and images you have provided to us from our site and from our records.
Access to and Operation of this Site: We strive to ensure uninterrupted operation and access of this site, but due to the complexities of internet communication, we cannot guarantee access will be uninterrupted or error free. We shall have no liability for any loss of materials, assignments, data and the like submitted to Nexient by students online or otherwise, and students shall be solely responsible for making backup copies of all such materials.

Links and Third Party Merchants: Our site contains links to other sites. These links are provided as references to help you identify and locate our business "partners" and other resources that may be of interest. These sites were independently developed by parties other than Nexient, and we do not assume any responsibility for the accuracy or operation of such sites. We do not operate and control products and services offered by third party merchants identified or linked at our site and any dealings by you with such merchants shall be strictly and solely at your own risk and Nexient shall have no liability for any transactions with such third party merchants.

Intellectual Property: The copyright, trademarks and other intellectual property and all materials shown at this site are owned by Nexient or by business "partners" of Nexient. You may view and make a single copy of the materials on this site for your personal records and noncommercial use, but no materials on this site may otherwise be copied, distributed, communicated or used in any form or manner without the written permission of Nexient.

General Matters: You may not assign or transfer this Agreement in any way. Nexient may assign this Agreement to a third party who assumes all obligations to you. Any parts of this Agreement found invalid by a court or tribunal shall be severed leaving the balance of the Agreement in force. You guarantee that you have authority to bind all students enrolled by you in any Nexient course to the terms of this Agreement. You confirm that copies of this Agreement have been made available to all such students.

Termination: We may terminate our relationship with you if you breach any terms of this Agreement or otherwise engage in harmful, illegal or fraudulent activity in relation to Nexient, any Nexient courses or other offerings, or this site. If such termination occurs, we may cancel the enrollment of you and any of your students in all Nexient courses, effective immediately, without refund.

Law and Claims: This Agreement shall be governed exclusively by the laws of Nova Scotia, Canada without regard to conflict of laws. Any claims against Nexient are subject to the exclusive jurisdiction of the courts for Nova Scotia, but if you violate or threaten to violate our intellectual property or other rights, we may commence legal proceedings in any jurisdiction against you to protect Nexient's rights.

CCDA, CCDP, CCIE, CCIP, CCNA, CCNP, Cisco, Cisco IOS, Cisco Systems, the Cisco Systems logo, and Networking Academy are registered trademarks or trademarks of Cisco Systems, Inc. and/or its affiliates in the U.S. and certain other countries. All other trademarks mentioned in this document or Web site are the property of their respective owners.