the legal stuff

  1. DEFINITIONS
“Company”, “We”, “Us” means AccessRULES, LLC.
“Client”, “You” means the organization, entity, or person to whom the Distributor has submitted a quotation for goods or services.
“Work” means the services, consultation, training, or other assignments performed at the request of and for the benefit of the Client, its’ agents or its’ employees.
“Equipment” means any singular or group of goods sold to Client for use in accordance with manufacturer’s instructions.
“The Client Representative” means the person or persons authorized to act on behalf of the client, and whose instructions, requests and decisions will be binding on the client.
“Day of Receipt” means the day the correspondence is received by either party or alternatively, the third day after the correspondence has been posted by US Mail (whichever is less) or the day that the correspondence is sent by electronic mail (e-mail).
“The Participant” means the student who is scheduled to attend a course, either by the Client or personally.
  1. ACCEPTANCE AND CHANGES TO THESE TERMS
These Terms and Conditions are accepted by you upon any of the following circumstances:
  1. Acceptance of a quote for goods or services offered,
  2. Issuance of a Purchase Order to Company for goods or services, or
  3. Registration of a Participant in a course.
No changes or alterations of these Terms and Conditions shall be valid without signed written notice by both parties.
Modification of these Terms and Conditions shall not affect transactions previously agreed upon where a Client has issued a Purchase Order.
  1. SCOPE OF SERVICES
These Terms and Conditions shall apply to all transactions between Client and Company. Quotations will be issued by Company for all goods or services requested by the Client. Company will supply goods or service upon acceptance of Quotations by Client by means of written authorization only.
  1. CHANGES IN THE WORK/QUANTITIES
The Company may adjust any pricing provided, either hourly or fixed price, if the Client changes the work scope during a project or if a project has not been adequately represented to the Company during the pricing phase of the project. 
The Company may adjust any pricing provided for goods based upon:
  1. Adjustments of ordered goods differing from written authorization by the Client. In most instances, a reduction in the total quantity ordered would precipitate a change in the discount given, if any, to Client for any single order, or
  2. Changes in the cost of the goods from Company’s supplier, including shipping costs.
Any additional costs shall conform to the standard rate sheet available for services and equipment from Company.
  1. PERMITS AND REGULATIONS
Any quotations submitted by the Company, or any contract entered into with the Client, is on the understanding and basis that where work is carried out at the Client’s premises, all necessary permits and/or licenses will be obtained by and at the expense of the Client and that the work can be lawfully performed in accordance with any relevant statutes and regulations by the method of working proposed or by the method normally used by the Company.
  1. AUTHORITY OF CLIENT’S REPRESENTATIVE
The Company will at all times be entitled to act on the instructions of the Client’s Representative but shall have a right to determine the manner of performing the work and shall not be obliged to carry out the work or any part thereof unless satisfied that it is safe and legal to do so. Company will not knowingly provide any goods or services that are to be used in a manner inconsistent with normal and accepted practice.
  1. FACILITIES AND MATERIALS, ETC.
Except as mutually agreed otherwise, when the Company is required to perform work at Client facilities, the Client is responsible for supplying or providing reasonable facilities to the Company’s employees on site for safe work, emergency medical facilities and other items specified by the Company. 
  1. SUB-CONTRACTING OF THE WORK
The Company shall have the right to sub-contract all or any part of the work.
  1. INVOICING, PAYMENT, AND CANCELLATIONS
Training
  1. All Training Courses will be invoiced prior to, or on the first day of, the beginning of instruction.
  2. A minimum (non-refundable) deposit of $900 is required prior to confirmation of a reservation.
  3. The following charges shall apply in the event a confirmed reservation is cancelled:
    • Cancellations made in writing with more than 5 business days’ notice prior to the start date of the course are eligible for a full course refund or they can transfer to an alternative course for free. This offer is available for the first transfer only. Any additional transfers will incur a $300 administration fee.
    • Cancellations made in writing with 5 or less business days’ notice prior to the start date of the course are not entitled to a refund.
    • No refunds shall be issued for failed courses, no-shows, or partial participation.
    • Participants may be replaced prior to the start date of the course. Written notice must be given of replacements at least two business days in advance of the start date of the course.
  4. No refund shall be issued if the Client or Participant does not comply with the requirements as stated in the Course Orientation, or if Participant is excluded due to a failure to follow Company’s rules.
  5. Tuition for cancellations resulting from weather or other factors outside of AccessRULES control will be credited toward a future course.
  1.  
Consultation Services
  1. Invoices will be submitted to the Client as soon as possible after completion of work, at the end of each month for specific projects, or the beginning of the month for consultation agreements.
  2. Where progress billing is applicable, invoices will be submitted to Client as per agreed terms.
  3. Where applicable, taxes must be paid at the appropriate rate.
  4. Invoices must be settled within thirty (30) days of the date of receipt.
  1. INVOICING CLEARING PROCEDURES
The Client must notify the Company within three days of receipt of any errors or queries relating to invoices.  Any undisputed invoice amounts shall be paid to Company within 30 days of receipt of invoice.
 
  1. FORCE MAJEURE
The Company shall not be liable for any failure to perform its obligations under any contract entered into due to strikes, riots, fires, insurrection, war, actions of the elements, embargoes, failure of the Client’s contractors, inability to obtain transport facilities, acts of God or any other cause beyond the control of the Company.
 
  1. “HOLD HARMLESS” AGREEMENT
The Company shall not in any event be liable for the following:
  • Any loss or damage howsoever the same may be caused by following the advice offered by the Company, or by using equipment sold by the Company, in whole or in part.
  • Any loss or damage howsoever the same may be caused by any Participant failing any course of instruction or conducting inspections incorrectly based upon information gained from a Company trained educational course.
  • Any loss or damage howsoever the same may be caused by any application of any procedure, process, work instruction, or other document prepared by the Company for the Client.
 
  1. WORK CONDUCTED ON THE CONSULTANT’S PREMISES
Work done on the Company’s premises or anywhere on behalf of the Client shall be subject to these terms in so far as they can be applied.  The Client shall indemnify and hold the Company harmless against all claims that may be made against the Company.
 
 
 
  1. CLIENT’S LIABILITY
Notwithstanding anything herein, the Client shall be liable for all loss or damage to property belonging to Company or to other parties and for any personnel injury to or the death of any person caused by the fault of the Client or of his servant or agent.
 
  1. SHIPPING COSTS
Shipping costs are to be incurred by the Client and added to the appropriate invoice.  Shipping costs include shipping from Supplier to Company, or directly to Client, and shipping via common carrier from Company to Client.  Shipping costs may incur a 12% administration fee.
 
  1. MILEAGE
Mileage shall be invoiced at $0.70 per mile for all miles driven to and from all locations for Company provided services.  Fuel and normal vehicle maintenance fees shall not be charged to the Client.  Delivery of goods by the Company to the Client facility shall not incur any fees not described in Shipping Costs above if the Client location is within a 20-mile radius from Company’s physical location(s).
 
  1. RETURNS
Unused equipment in original packaging with original attached inserts, where applicable, may be returned for full credit minus a 15% restocking fee.  If an error by Company results in returned product, the restock fee will not apply.
 
  1. JURISDICTIONAL REQUIREMENTS
Unless otherwise requested by the Client in writing, AccessRULES, when consulting, will author documents or consult based upon the most relevant regional jurisdictional requirement where available and applicable.
 
If a dispute arises out of, or in connection with our business transactions, the parties agree to meet to pursue resolution through negotiation or other appropriate dispute resolution process before resorting to litigation.
 
All information exchanged during this meeting or any subsequent dispute resolution process, shall be regarded as “without prejudice” communications for the purpose of settlement negotiations and shall be treated as confidential by the parties and their representatives, unless otherwise required by law. However, evidence that is independently admissible or discoverable shall not be rendered inadmissible or non-discoverable by virtue of its use during the dispute resolution process.
 
Should AccessRULES and the individual or company not resolve the dispute, the terms and conditions and the transactions contemplated hereby shall be governed by, and construed and interpreted in accordance with, the laws of the State of Louisiana, USA without regard to the choice-of-law principles thereof.  Any action seeking legal or equitable relief arising out of or relating to these terms and conditions will be brought only in the courts of the State of Louisiana.