Our Terms Conditions
specific description of rights and RESPONSIBILITIES
The following information outline the general terms and conditions for Client usage of Friedman Learning’s LMS (licensed from Moodle LMS), hosted by The Friedman Learning
The Client acknowledges that it has been advised that any software, related documentation, or service delivery methods deployed or developed contain valuable trade secrets or proprietary information and products. The Client agrees to preserve the confidential nature of the software by retaining and using the software in trust and confidence, solely for its own use and not permitting the use of the software or disclosure of information relating to the software to unauthorized persons.
Friedman Learning reserves the right to interrupt or restrict service without notice to Client if Friedman Learning suspects fraudulent activity by the Client. The Client agrees to reasonably cooperate with Friedman Learning in any fraud investigation and to use any fraud prevention measures Friedman Learning prescribes within reason.
It is agreed that all information furnished to or utilized by the parties shall be regarded as confidential. Such items shall remain the sole property of the original owner and shall be held in confidence and safekeeping by both parties. Friedman Learning and the Client each agree not to disclose the information of the other party to any third party and will take appropriate precautions to limit use or disclosure to those personnel in its organization who are directly concerned with performance of this Agreement.
Friedman Learning shall maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Client data. Friedman Learning shall not modify Client data except as expressly permitted in writing by the Client.
Friedman Learning shall not access Client data except to provide the software or prevent or address service or technical problems, or at the Client’s request in connection with customer support matters.
Client may not remove, transfer or edit any proprietary information or courses of the Friedman Learning Group. Access to specific Friedman Group proprietary information is only allowable while stored upon a Private or Custom Portal in exchange for the monthly or annual fees charged. Proprietary information may be purchased for installation on an alternate LMS acquired by the Client for a fee (quoted upon request).
MANNER OF PAYMENT & DUE DATE
Participant must pay the first Monthly Installment Amount on the Date of Purchase. Commencing on the Date of Purchase, Participant shall pay the Monthly Installment Amount, which shall be due on the Monthly Due Date of each month during the Term. Participant agrees to pay the Monthly Installment Amount each month thereafter through “automatic” withdrawal from an account Participant maintains in a financial institution pursuant to this Agreement.
RECURRING PAYMENT AUTHORIZATION
Recurring electronic payments, made in U.S. dollars, are automatically processed and deducted at any time on the scheduled Due Date and deposited into The Friedman Learning Group’s account. Participant authorizes The Friedman Learning Group to charge Participant’s bank account or credit card the Annual Installment Amount on the Due Date of each month until paid-in-full, per the terms of this Agreement.
If Participant changes financial institutions, Participant will provide The Friedman Learning Group in writing all information needed for the replacement automatic withdrawal at least thirty (30) days before the effective date of the change. Participant agrees to the Term herein and acknowledges that the automatic withdrawals (payments) will continue for that period unless Participant terminates this Agreement as permitted in this Agreement.
PROMISE TO PAY
Participant promises to pay The Friedman Learning Group the Annual Installment Amount in uninterrupted payments within the Term and on the Due Date, as set forth herein.
To terminate this agreement after the FIRST YEAR Commitment has been met. A written or emailed notice must be sent 30 days prior to the next Due Date.
Unless otherwise stated in writing, Friedman Learning’s fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively referred to as “Taxes”). The Client shall be responsible for paying all Taxes associated with its purchases hereunder. If Friedman Learning has the legal obligation to pay or collect Taxes for which the Client is responsible under this paragraph, the appropriate amount shall be invoiced to and paid by the Client.
Contract Cancellation & Refunds
Upon any termination for cause by Friedman Learning, the Client shall pay any unpaid fees covering the remainder of the term of all Order Forms after the effective date of termination. In no event shall any termination relieve the Client of the obligation to pay any fees payable to Friedman Learning for the period prior to the effective date of termination. Upon termination of the portal by the Client, payment of any future recurring fees will cease. Fees paid for initial set-up are nonrefundable.
Upon request by the Client made within thirty (30) days after the effective date of termination of this Agreement, Friedman Learning shall confirm in writing, unless legally prohibited, that it has deleted all Client Data in Friedman Learning’s LMS or otherwise in its possession or under its control.
PAYMENTS ARE NON-REFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR
PARTIALLY USED PERIODS.
Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members. The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
SOFTWARE AND CONTENT
At any time, the client may request to move The Friedman Learning Group’s training content to their own Learning Management System not hosted by The Friedman Learning Group. The fees associated with this transfer vary on the complexity of the transfer.
Alternatively, the Friedman Learning Group’s content may be removed from the LMS and replaced with any content the client desires. The removal of the content will be at no-cost to the client.
Support and Warranty
Client System Administrators: Designated by the Client will address daily usage issues such as forgotten passwords or usernames, questions regarding which courses a user is to complete, etc. Client may have 1 System Administrator for every 50 users.
Client has access to basic application technical support provided in the English language and includes software error classification, troubleshooting, error correction and bug fixes. Submit support request email messages to email@example.com. Support inquiries will receive a response within 1 business day, Monday through Friday. Inquiries received after 12:00 pm EST on Fridays may not receive a response until the following Monday.
Client may request technical support after initial set-up to upload, alter or delete data/courses/curriculum, attach quizzes provided by Client to course content, etc., for additional fees billed at a rate of $75.00/hour. This rate does not apply to actual content development.
Extraordinary Support: Any admin support that is not technical in nature but requiring additional training may be subject to a fee of $75.00/hour.
Limitations: The Friedman Learning Group does not provide technical support for third-party applications. Any technical support for integration issues with third-party applications and/or external data sources may be subject to a fee of $175.00/hour.
Beta Testing: A client may choose to opt into a Beta Testing program within the software at no cost to the client. If approved, the client agrees to allow The Friedman Learning Group to extract usage data during the Beta Test as well as promote the functionality of the software to prospecting clients. Beta testing agreements will be made for each new beta test conducted. Additional support to the client regarding the new software will be at no cost to the client.