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Terms and Conditions of Training

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1. OFFER

  • For the provision of the required services, confirmation of the acceptance in writing of the fully completed offer is required, as well as the purchase order, if applicable.
  • The timeframe for the training activity can be confirmed to the Client after the acceptance of the quotation within 6 months and within the same calendar year.
  • The cost of the training activity is estimated on the assumption that the work will be executed under the conditions foreseen and agreed with the Client. Any modification that the Client wishes in the conditions of execution of the work must be indicated in writing to the Training Department ([email protected]), which may lead to the consequent modification of the quotation.

2. WORK TO BE CARRIED OUT

AIMPLAS will communicate to the Client any circumstance that may delay or impede the proper performance of the quoted activities. AIMPLAS will be exonerated from any responsibility due to force majeure or circumstances totally beyond AIMPLAS’ control. If it is necessary to extend the initially estimated times, the parties must agree the new deadlines in writing.

3. CONFIDENTIALITY

  • Each party undertakes not to disclose, under any circumstances, any scientific or technical information (regardless of the format in which it may be found) belonging to the other party, to which it may have had access during the development of the training activity that is the object of this Contract.
  • The legend “CONFIDENTIAL” will be included in all those documents that are sent between the parties, in the case of having a confidential nature. If the information is communicated orally, it must be transcribed within thirty (30) days and sent to the other party.
  • The confidentiality obligation hereinabove mentioned shall not apply if
    • The information was already known by the Party receiving the information prior to the start of their cooperation, as long as there is evidence of such knowledge.
    • The information received is in the public domain or comes into the public domain through means different from an infringement of the confidentiality obligation stated in the section above.
    • The Party receiving the information obtains prior written consent for its disclosure by the Party disclosing the information.
    • The Party has obtained the information legally from a third party.
  • AIMPLAS undertakes to protect the confidentiality of the Client in cases where it is not strictly necessary to mention its identity. Should this be necessary, it shall previously notify the Client, and shall be authorised to do so if it does not receive a response to the contrary within thirty (30) days of notification.
  • This clause does not contravene any confidentiality contract which may have been signed by the parties (e.g. previous confidentiality and non-disclosure agreements) prior to the signing of this contract.
  • Statistics: The Client authorises AIMPLAS to cuote this training activity in any publications required to assess the scientific capacity of individuals or institutions, such as annual reports, R&D statistics, technological innovation, official databases and similar. AIMPLAS guarantees that such mention will not affect confidential data of the training activity and that the information will be offered in an aggregated form, never personalized, for the whole AIMPLAS training activity.
  • Use of AIMPLAS brand: in the event that the CLIENT intends to use the name and/or logo of AIMPLAS for advertising or commercial purposes to indicate the collaboration established in the present CONTRACT, it must be previously authorised by AIMPLAS, by contacting [email protected].

4. INTELLECTUAL PROPERTY OF THE TRAINING MATERIALS

The intellectual property of the training material will be exclusively owned by AIMPLAS. The Client may exclusively use the material for the students attending the course. Therefore, the Client may not make recordings of the training activities, except in exceptional cases, previously agreed with AIMPLAS.

The Client may not use these materials commercially in subsequent editions, or with people not enrolled in the course, unless there is express written authorization from AIMPLAS.

5. LIMITATIONS TO USE THIS DOCUMENT

This Proposal has been drawn up by AIMPLAS exclusively for the Client in order to explain the scope of the training activity. For this Proposal, AIMPLAS has used, individually or as a whole, technical knowledge owned by AIMPLAS. None of the knowledge included in this Proposal (belonging to AIMPLAS) will be considered as transferred to the Client, and its total or partial use is prohibited for purposes other than the subcontracting of the task to be carried out by AIMPLAS.

6. TEMPORARY SUSPENSION AND TERMINATION OF THE CONTRACT

  • The right of the Parties to temporarily suspend the execution of the training activity is recognized, as long as there is mutual agreement regarding the term of suspension.
  • This Contract may be terminated in the cases provided for by law and, additionally, in the following cases:
    • By mutual agreement in writing.
    • Due to non-compliance by either of the parties of any of the obligations set out in this Contract. In this case, the compliant and aggrieved party shall duly request the non-compliant party to remedy the non-compliance within a maximum of thirty (30) calendar days from the date of notification. If this period elapses and no redress has taken place, the aggrieved party may terminate this Contract in its entirety.
    • Due to the expiry of the suspension period agreed by the parties, depending on its duration or deadline, in which case either of the parties may terminate the Contract automatically, validly giving prior written notice.
    • Force majeure. If for this reason any of the Parties is obliged to terminate this Contract, it must communicate it reliably to the other Party.
  • The ownership of all the tasks carried out, delivered and charged by AIMPLAS shall be regulated by the provisions of the fourth clause on “Intellectual property of the training material”.
  • This Contract may be amended at any time by mutual agreement of the undersigned parties.

7. LIABILITY

  • Limitation of liability. The Client disclaims any liability to any member of AIMPLAS, so that, in regard to the training activity provided, the Client may only bring claims against AIMPLAS.
  • Actual damage: Any liability that may be incurred related to the training activity provided shall be limited to that part of the actual damage that has been solely and directly caused by AIMPLAS.
  • In any case, the Parties agree to limit the economic liability to the amount of this Agreement and limited to that part of the actual damage that has been solely and directly caused by AIMPLAS.
  • In case the Client decides to submit this Contract to public funding programs, AIMPLAS will not be considered bound to the requirements of the funding agency such as; corrections, communications, justifications or any other management related to the mentioned public funding.

8. APPLICABLE LAW AND JURISDICTION

  • This is a private Contract in its nature and shall be governed by the Spanish laws.
  • The Parties agree to submit any dispute, controversy or claim arising from this Contract to the Courts and Tribunals of Valencia (Spain).

9. DATA PROTECTION

  • In compliance with the General Data Protection Regulation EU 679/2016 (GDPR) and the Organic Law on Personal Data Protection and Guarantee of Digital Rights 3/2018 (LOPD-GDD), the parties inform each other that the personal data of the undersigned and of the persons working for each of the parties, will be processed for the sole purpose of fulfilling the contractual relationship, maintaining the relationship arising from this and addressing the possible liabilities arising from such processing.
  • Likewise, the data will be kept as long as the relationship between the parties is maintained and for as long as required by the laws to which the parties are subject. The data processed will not be transferred to third parties except in those cases in which it is essential for the execution of the Contract and for compliance with legal obligations.
  • The Client may exercise the rights of access, cancellation, rectification or opposition foreseen in the law, by sending an e-mail to [email protected].
  • More information on data protection by AIMPLAS at: https://www.aimplas.es/politica-privacidad/. If either party understands that any of these rights have been disregarded, a complaint may be made to the Spanish Data Protection Agency; C/ Jorge Juan, 6, 28001 Madrid or at www.aepd.es. written together with a photocopy of the ID of the person who wants to exercise them, to the postal addresses included in the heading of this document.

10. FILE OF DOCUMENTATION AND TRAINING MATERIAL

The records of the training activity will be kept in digital format for a maximum of five (5) years from the date of completion, after which time they will be destroyed.

11. ETHICS AND INTEGRITY

AIMPLAS scrupulously monitors ethical conduct and good governance in its relations with all its stakeholders. It provides its services in accordance with current legislation, respecting in all cases the internal policies on ethics and integrity, as well as the principles established in national and international humanitarian and environmental protocols, as part of the values of AIMPLAS. AIMPLAS requires the same level of respect and compliance with these regulations to all those natural or legal persons who sign AIMPLAS contracts. Any breach of these principles will be considered a cause for automatic termination of the contract.

Version dated June 2023