SAP EDUCATION

TERMS AND CONDITIONS

Certification Specific Terms & Conditions

	1 Definitions and Interpretation
1.1	In these Conditions, the following expressions shall have the meanings set opposite them, unless the context otherwise requires:
	"Agreement"	Means this agreement for the supply of the Courses and any document which is supplemental hereto or which is collateral herewith or which is entered into pursuant to or in accordance with the terms hereof.
	"Conditions"	Means the terms and conditions set out in this Agreement.
	"Course(s)"	Means any of the SAP training courses described in the then current SAP Training Catalogue and specified in the Order.
	"Customer"	Means the person so described in the Order.
	"Order"	Means the SAP registration form, to which these terms and conditions are attached or which is expressed to be subject to these terms and conditions, for participation on SAP training courses when completed by Customer and submitted to SAP. For these purposes, such form(s) shall be considered to have been completed by Customer and submitted to SAP whether (i) completed by hand and submitted personally, by post or facsimile; (ii) completed and submitted electronically via Internet or other means; or (iii) completed by SAP pursuant to telephone instructions from the Customer.
	"SAP"	Means SAP (UK) Limited of Clockhouse Place, Bedfont Road, Feltham, Middx, TW14 8HD
1.2	The headings are for convenience only and shall not affect their interpretation.
1.3	All obligations on the part of either of the parties which comprise more than one person or entity shall be joint and several and the neuter singular gender throughout this Agreement shall include all genders and the plural.

	2 Basis of Order
2.1	AN ORDER CONSTITUTES AN OFFER BY CUSTOMER TO PARTICIPATE ON THE COURSE(S) SPECIFIED IN THE ORDER SUBJECT TO THESE CONDITIONS. SUCH OFFER SHALL NOT BE DEEMED TO BE ACCEPTED BY SAP UNLESS SAP EXPRESSLY CONFIRMS ITS ACCEPTANCE (RATHER THAN AN ACKNOWLEDGMENT OF RECEIPT OF ORDER) IN WRITING TO THE CUSTOMER.
2.2	THESE CONDITIONS SHALL APPLY TO THE AGREEMENT TO THE EXCLUSION OF ANY OTHER TERMS AND CONDITIONS ON WHICH THE ORDER IS MADE OR PURPORTED TO BE MADE BY THE CUSTOMER.
2.3	NO VARIATION TO THE ORDER OR THESE CONDITIONS SHALL BE BINDING UNLESS AGREED IN WRITING BETWEEN THE AUTHORISED REPRESENTATIVES OF SAP AND THE CUSTOMER. FOR THE AVOIDANCE OF DOUBT, IT IS CONFIRMED THAT NO VARIATION TO THE ORDER OR THESE CONDITIONS AGREED VIA TELEPHONE SHALL BE BINDING UNLESS CONFIRMED BY SAP IN WRITING BY SAP AND NOT DISPUTED BY CUSTOMER WITHIN 7 DAYS OF THE DATE OF SUCH CONFIRMATION.

	3 Registration and Dates
3.1	Customer shall ensure that the Order is delivered to SAP at least one week before the date of any course.
3.2	SAP shall be entitled to refuse the provision of any course where (a) such Course is fully booked; (b) bookings on such Course are fewer than the minimum number required to make it viable for SAP. In that case, SAP shall advise Customer as soon as practicable, offering Customer a suitable alternative date or course, as appropriate. Where no suitable alternative date/course can be found SAP shall return to Customer any payment it has made for the Course(s).

	4 Price and Payment
4.1	The price of the Course(s) shall be as stated in the then current SAP Training Catalogue and the Order and unless otherwise so stated is exclusive of any Value Added Tax, which shall be payable in addition at the rate then prevailing. SAP reserves the right in addition to pass on any charges (a) relating to returned cheques credit or charge card charge backs; and (b) for any handling fees incurred by SAP in relation to bookings made by credit or charge card. SAP will notify Customer of the relevant charges prior to issue of a confirmation invoice.
4.2	The price of the Course(s) shall include the cost of Course documentation, lunch, tea and coffee.
4.3	Provided that the full Course material has been covered there will be no refund of the price of the Course, either in whole or in part, should the Course finish earlier than originally scheduled.
4.4	Customer shall pay the amount due at least 21 days prior to the commencement of the Course(s) specified in the order, or on placing the order if placed less than 21 days prior to the commencement of the course(s).
4.5	If payment is by credit card, Customer shall pay the amount due at least 14 days prior to the Commencement if the Course(s) specified in the order, or on placing the order if placed less than 14 days prior to the commencement of the course(s).
4.6	Only credit card payments are accepted for registrations made less than 7 days before the course(s) commencement date.

	5 Cancellation
5.1	SAP reserves the right to cancel any Course(s) for any reason and SAP shall inform Customer of such cancellation and offer Customer suitable alternative dates or a full refund of the price paid for the Course(s).
5.2	Customer may cancel or rebook its registration for any Course by written notice provided that (a) no charge shall be made where notice of cancellation or rebooking is received by SAP at least 14 days prior to the date of the Course; (b) 50% of the price shall be charged where notice of the cancellation or rebooking is received by SAP between 7 and 14 days prior to the date of the Course; (c) the full price of the Course shall be charged where either no notice of cancellation or rebooking is received or less than 7 days prior notice is given.
5.3	Customer shall be fully and solely responsible for any and all expenses which may be incurred by Customer in relation to the Course.

	6 Duties of Customer
6.1	Customer shall observe SAP's rules of participation provided in the then Current SAP Training Schedule or as advised to Customer from time to time.
6.2	SAP reserves the right to exclude Customer from attending any Course due to disorderly conduct, failure to observe any of SAP's rules of participation or failure to attend the prerequisite class or classes for a particular Course. No refund of fees shall be paid to Customer in such circumstances..
6.3	Customer shall ensure that all course attendees fulfil any and all of the course prerequisites as communicated by SAP. SAP reserves the right to exclude any Customer who does not fulfil such prerequisites. No refund of fees shall be paid to Customer in such circumstances.

	7 Warranties and Liability
7.1	Whilst every effort is made by SAP to ensure that the Course instructors are appropriately qualified and trained, SAP does not accept liability for any loss, cost or expense or for any special or indirect or consequential damages arising from negligence, misconduct or lack of skill in delivering the Course(s).
7.2	Without prejudice to the provisions of Clause 7.1, SAP's total liability under this Agreement in both contract or tort shall not exceed the price paid for the Course(s).
7.3	Notwithstanding the above, there shall be no limit of liability in respect of death or personal injury arising out of the negligence of either party.
7.4	Save as expressly set forth in this Agreement all conditions and warranties express or implied are to the extent permissible in law excluded.
7.5	In the case of the Course being delivered remotely using the customer's network infrastructure and the Citrix Secure Gateway to access SAP's standard training systems located at an SAP site, SAP will work with the customer to ensure that adequate testing is carried out on customer's network infrastructure prior to delivery of the Course. For the avoidance of doubt, if any changes are made to the customer network infrastructure between the time of testing and the time of delivery of the Course, customer shall be solely responsible for any resulting adverse effects on Course delivery. Customer also acknowledges that the Citrix Secure Gateway is an internet based connection method and as such SAP cannot be held liable for issues withrouting, network usage, speed of connection, proxy server failure or any other issues arising from or within the customer network or public webspace.

	8 Intellectual Property Rights
	SAP retains all rights, title and interest in any and all materials including, without limitation, products, third-party products, data, plans, specifications, reports, designs, technological “know how”, notes, exercises, documentation and any other information (collectively “SAP Materials”) used or in any manner employed or created by SAP. No ownership in or rights to the SAP Materials is conveyed to Licensee under this Agreement. Under no circumstances may the whole or any part of the Course documentation be produced or copied in any form or by any means or translated into another language without the prior written permission of.

	9 General Matters
9.1	SAP reserves the right to amend the content of any course without notice to customer where, at the sole discretion of SAP, such amendment is deemed not to fundamentally change the content of such course
9.2	Any notice required or permitted to be given by either party to the other under these conditions shall be in writing and sent by facsimile transmission or delivered by hand or sent by first class post and addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice and shall be deemed received on actual receipt or 3 days after posting or within 24 hours of transmission if sent by facsimile.
9.3	If any provision of these conditions is held by any competent a uthority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected thereby.
9.4	This Agreement constitutes the entire agreement between the parties in connection with its subject matter. No party has relied on any representation or warranty except as expressly set out in this Agreement and SAP and the Customer hereby agrees to submit to the exclusive jurisdiction of the English Courts in respect of any dispute in relation to this Agreement.
9.5	This Agreement shall be governed by and interpreted in accordance with the laws of England.

Conditions for Participation in SAP's Consultant Certification Program
1.	Participants
	Partners and customers may register suitably qualified employees as candidates for the certification examination. Participants in training courses that are given by SAP or SAP's authorized training partners and that include the certification examination may attempt the certification examination. Other persons may apply to an SAP international subsidiary to be admitted to the certification examination. Candidates are required to show they are suitably qualified and that their certification fulfils a need. Admission to the certification examination is at SAP's sole discretion.
2.	Examinations, Personal Data
	SAP will define and publish the scope to be covered by each examination, which is subject to change by SAP without notice. SAP will define and publish the format and duration of the examination, which are subject to change by SAP without notice. Examinations and certificates are release-dependent, that is to say examinations cover and certificates are valid in respect of a particular software release. SAP reserves the right to limit in time the validity of a release-dependent certificate. The validity of a certificate expires not later than the time at which SAP ends support of the release in question. SAP will define at SAP's discretion the releases for which examinations will be offered and their validity in time. SAP may offer a delta-certification test to upgrade the certificate for a particular release so that it is valid for the subsequent release. Delta-certification test candidates must hold the certificate for the current release. Possession of the certificate for aback-level release does not entitle a candidate to admission to a delta-certification test. SAP reserves the right to include in delta-certification tests matters of general importance as well as matters specific to the new release. To administrate the certification program SAP or its subsidiary stores and processes data concerning persons in accordance with the applicable statutory data protection provisions. Candidates must confirm in writing their acceptance of such storage and processing before admission to the examination.
3.	Examination Rules
	Each candidate must produce an official valid identification document with photo to the invigilator (proctor) before the invigilator allows the candidate to start the exam. The candidate must complete the examination alone and independently. No extra help of any kind is allowed. The time available to candidates to complete the examination is limited and can be neither interrupted nor extended. Candidates must follow the invigilator's instructions. The examination questions and tasks are copyright and must not be written down, copied, or otherwise reproduced in whole or in part or made available to others in any form. If a candidate disturbs the examination or breaks any examination rule that candidate will be excluded from the examination immediately.
4.	Assessment and Results
	The examination is assessed blind in accordance with general rules defined by SAP. Candidates are informed of their result, by receiving a certificate or failed feedback. Successful candidates receive a certificate with a unique identification number. As far as reasonably possible, unsuccessful candidates receive general information on identified gaps in their competence. Appeals must be lodged within three months after communication of the result. SAP is not required to review appeals lodged after these three months, and is then entitled to destroy the documents. SAP will hold the results of the examination in a database in order to be able to ascertain, if necessary, what certification a candidate holds and whether a candidate can be admitted to other examinations. SAP may also use the data held to provide targeted information to certified candidates and to enable candidates to retrieve specific information. SAP may also inform others of successful candidates' certification.
5.	Amending and Replacing Certificates
	If a certificate is lost, the SAP international subsidiary will issue a replacement. Successful candidates must inform the SAP international subsidiary in writing of any change of address, of name, or of employer, or of any other relevant change, attaching official documents and a statement by the new employer, as appropriate. SAP will issue an amended certificate to the candidate's new address. SAP may make an administrative charge for amending and replacing certificates.
6.	Re-take
	Unsuccessful candidates may re-take the same examination. No candidate may sit the same examination for the same release more than three times. A candidate who has failed at an examination three times for a release may not attempt that examination again until the next release. A candidate may not re-take an examination until 30 days after the failure. Before admission to the same examination a third time the candidate must produce evidence of training suitable to rectify the gaps identified in the candidate's competence at previous examinations. SAP does not undertake that candidates can re-take an examination for a particular release. Re-take candidates may have to attempt the examination for a later release. Candidates pay a fee for all re-takes.
7.	Certification Fees / Regulations
	Candidates pay a consultant certification fee for admission to the examination. This certification fee covers the examination, assessment, and, for successful candidates the certificate. For some identified SAP training courses the listed course fee includes the certification fee. Where the examination is offered and conducted by SAP the regulations for participation in SAP training courses also apply.
8.	Infringements of the Examination Rules
	In the event of a serious infringement of the examination rules, all certificates that the candidate concerned has been awarded will be invalidated and the candidate will be excluded from further examinations. A candidate who has seriously infringed the rules must return all certificates to SAP without delay. In the event of a minor infringement of the examination rules the exam of the candidate concerned will be assessed as a "fail" but the candidate may re-take in accordance with the rules for re-take. Infringement of copyright and other unlawful harm to SAP will be treated as a serious infringement of the examination rules as if the infringement or harm were done under the certification program. SAP will have proper regard to its duty of fairness in deciding whether an infringement is serious or minor. The candidate concerned will receive written reasoned notification.
9.	Law and Jurisdiction
	These Conditions of Participation apply to the exclusion of all other conditions. These Conditions cannot be changed or added to, and SAP's failure expressly to reject a change or addition will not be construed as SAP's acceptance of the change or addition. These Conditions of Participation are governed exclusively by German law. If the other party is a registered trader for the purposes of the German Commercial Code (Handelsgesetzbuch) the sole place of jurisdiction for all disputes arising between the parties out of or in connection with these Conditions is Karlsruhe, Germany.
10.	Certifications with Pearson Vue
	SAP Education UK will also sell certification vouchers to enable candidates to take exams at a Pearson Vue training centre. The price for these vouchers will be the same as the current price charged a) by SAP Education and b) by Pearson Vue for SAP exams. Pearson Vue vouchers will be valid for twelve months from date of purchase with SAP. Pearson Vue vouchers are non-refundable once purchased.