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Terms and Conditions

NTT Terms & Conditions for Regional Training Courses

Acceptance

Unless otherwise specifically agreed to in writing and signed by an authorized representative of NTT, Inc., all orders received by NTT are subject to these Terms and Conditions. Any different or additional Terms and Conditions proposed by Buyer in its Purchase Order or otherwise are hereby rejected by NTT and shall not be incorporated into the agreement.

Payment Terms

For admission to a course, payment is due prior to the start of the course.

Purchase Order

Purchase Order, equivalent, or payment in full is needed for confirmation of all orders and will reserve space in class until two (2) weeks prior to the course start date. Full payment must be received prior to the start of the course.

Course Dates

Course dates and locations are subject to change.

NTT Contact Hours

At the end of the course, you will be awarded a personalized Certificate of Completion, printed with your name, course title and contact hours successfully completed. NTT contact hours may be recognized by your professional board. Please contact the Licensing and Regulation Department in your state to determine if these contact hours can be applied to your license renewal requirement. Please contact NTT if you have any questions or require additional information.

Certificate Reprints

Reprints of certificates are available for $5.00 each, with a maximum fee of $50.00.

Course Completion

Full payment of the course is required for a certificate to be issued. Course must also be completed in its entirety in order for a certificate to be issued.

Privacy

Out of respect for the privacy rights of others attending and to generate a free and open exchange of information, tape- recording of NTT courses will not be permitted.

Cancellation Policy

If a cancellation is made within 30 calendar days of the class start date, a $35 per training day cancellation fee will be assessed, whether the class is paid in full or not. Cancellations received up to fourteen (14) calendar days prior to the course start date, are refundable, less the cancellation fee. Cancellations received on or within fourteen (14) calendar days of the course start date can be credited for a future course. Credits must be used within twelve (12) months of the original credit date. The $50 registration fee will be retained for all cancellations and no-shows.

Disability

If you have a disability, please contact our Customer Service Department to let us know how we may accommodate your needs.

Governing Law

This contract shall be governed by and shall be construed according to the laws of the State of Colorado.

Customer-Student Records Policy

All customers-students enrolled or previously enrolled in a course with NTT Workforce Development Institute have certain rights with regard to information included in their education records. These rights are shown in full on the company website at www.nttinc.com.

General Policy

Information from records, files, or other data that is directly related to a customer-student shall be disclosed to individuals or agencies outside the institute only with written consent of the customer-student, unless a disclosure is made.

The Education Record

An education record is defined as any records and other materials that contain information directly related to a customer-student and which are maintained by NTT. The customer-student education record includes directory and non-directory information. Directory information may be disclosed by NTT without prior consent of the customer-student and which is considered part of the public record of the customer-student’s attendance. Directory information includes a customer-student’s name, address, telephone number, e-mail address, date and place of birth, dates of attendance, certificates received. Non-directory information includes information that is not public in nature, such as social security number, customer-student number, and other information that would make the customer-student personally identifiable. Non-directory information cannot be released by NTT absent the consent of the customer-student, legal process or an applicable FERPA exception.

Records Administrator

NTT has designated Debi Joens as responsible for customer-student records or the “records administrator”, responsible for maintaining a listing of customer-student records and the location and general content of the records. Any customer-student request concerning records should be directed to this administrator.

Customer-Student Review of Education Records

Customer-students shall have the right to review the contents of their education records, in the presence of an NTT staff member. To inspect his/her record, a customer-student should go to the office of the appropriate records administrator.

Challenging the contents of the Record

NTT will respond to any reasonable request for an explanation or interpretation of an item in a customer-student’s education record. Request for such explanation or interpretation should be addressed, in writing, to the appropriate records administrator. If, after inspecting a record, a customer-student believes that information contained in the educational record is inaccurate or misleading or violates his or her privacy, the customer-student may request that the record be amended by presenting a written request to the appropriate records administrator.

Waiver of Access

NTT may request that a customer-student waive his/her right to inspect and review confidential recommendation in the education record. A waiver may be revoked, in writing, with respect to material sought subsequent to the revocation.

Disclosure of Education Records to Third Parties

The general policy of NTT is not to provide access to customer-student education record information to third parties, absent the written consent of the customer-student. Hold Harmless-Training and consultation provided by NTT provides general industry best practice only, and should not be relied upon for technical detail. Always consult manufacturer, regulatory agency, or other authoritative source before making design changes or performing maintenance on equipment. It is the individual company’s responsibility to ensure the proper management and execution of tasks and activities after their employee has been through NTT training. NTT assumes no responsibility or liability for anyone receiving training and their performance of any task subsequent to the training.

NTT SHALL NOT BE RESPONSIBLE FOR THE ACCURACY OF, USE OF, OR INABILITY TO USE ANY INFORMATION PROVIDED IN TRAINING OR CONSULTING MATERIAL. NTT MAKES NO WARRANTIES REGARDING THE INFORMATION CONTAINED IN TRAINING MATERIALS AND DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

NTT Terms & Conditions for On-Site Classes

Terms of Sale

All sales between NTT, Inc. and Customer shall be governed and controlled by these terms and conditions which cannot be changed without the mutual written consent of NTT and Customer.

Seminar dates will be confirmed after receipt of (i) the signed proposal page or a Customer’s purchase order; and (ii) a deposit of 20% of the total sale price.

A seminar must be confirmed with a signed proposal, a purchase order or a contract and, logistics information must be received at least twenty-one (21) calendar days prior to the seminar start date to honor the pricing on the proposal. If a seminar is confirmed and/or logistics are received less than twenty-one (21) days prior to the seminar start date, Customer will be responsible to pay NTT for additional costs incurred for travel and logistics or $750, whichever is greater. Customer understands that the actual costs incurred by NTT will continue to increase as the seminar start date approaches. If a confirmed seminar is cancelled or rescheduled at least thirty (30) calendar days prior to the seminar start date, there will be no cost or charges associated with the cancellation or rescheduling of the seminar.

If a confirmed seminar is cancelled or rescheduled less than thirty (30) days prior to the seminar start date, Customer will be responsible to pay NTT for the actual costs incurred by NTT or $1,000.00, whichever is greater. Customer understands that the actual costs incurred by NTT will continue to increase as the seminar start date approaches. If a confirmed seminar is cancelled or rescheduled less than (5) days prior to the seminar start date, Customer will be responsible to pay NTT for the entire price listed on the proposal.

Subject to pre-approval of Customer’s credit, payment for the balance of the total sale is due thirty (30) days after completion of the seminar.

Any amounts not paid when due shall bear interest at the rate of 1 1/2% per month until paid in full.

Some orders may be subject to state and/or local sales/use tax. NTT reserves the right to correct tax rates and/or collect the sales/use tax required by law, at any time before or after the completion of the seminar.

If Customer is Sales Tax Exempt, please provide a copy of your “Certificate of Exemption Status” at the time of the order.

Checks must be made payable to National Technology Transfer, Inc. and drawn on a U.S. bank and paid in U.S. dollars. EFT/ACH, wires, MasterCard, Visa and American Express are also accepted.

Actual invoice price may vary from the quotation price due to changes in the number of seminar attendees, requests for additional class materials, or a change in the number of seminar days. The final invoice amount shall be based upon the actual services and materials provided.

Each party shall be excused from performance under this Agreement and shall have no liability to the other for any period it is prevented from performing any of its obligations (other than payment obligations), in whole or in part, as a result of delays caused by the other party or by an act of God, war, civil disturbance, court order, labor dispute, third party performance or nonperformance or other cause beyond its reasonable control, including failures or fluctuations in electrical power, heat, light, or telecommunications, and such nonperformance shall not be a default hereunder, or grounds for termination of this Agreement.

Information and Nonsolicitation

All information, whether written, oral, or electronically delivered, supplied or made available to Customer by NTT or its instructors shall remain the sole and exclusive property of NTT, both before and after its receipt by Customer (the “NTT Information”). Customer expressly acknowledges that the NTT Information was compiled, prepared, revised, selected and arranged by NTT through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money, and constitutes valuable property and trade secrets of NTT. Customer agrees to protect the trademarks, copyrights, trade secrets and any other proprietary rights of NTT in the NTT Information both during and after the term of this Agreement. NTT Information shall not be duplicated, copied, reproduced or converted by Customer or anyone acting on behalf of Customer into a derivative work without the expressed written permission of NTT.

During the period of the Agreement and for 12 months following the completion or termination of the Agreement, Customer agrees not to solicit any then current employees, instructors, contractors, or representatives of NTT to leave NTT in order to accept employment with or render services to Customer.

Limitation of Liability

NTT seminars provide general information regarding the industry’s “best practices” only and should not be relied upon for technical detail. Customer should always consult manufacturer, regulatory agency, or other authoritative sources before making design changes or performing maintenance on equipment. It is Customer’s sole responsibility to ensure proper management, supervision and execution of tasks and activities regardless of whether Customer’s employees have taken an NTT seminar.

NTT shall not be responsible for and Customer hereby releases and discharges NTT, its instructors and contractors from all liability for (i) actions or inactions taken by Customer, its employees or contractors or any other individuals who have participated in an NTT training course; and (ii) the accuracy of, use of, or inability to use the NTT Information. NTT makes no warranties regarding the NTT Information and/or any NTT training course and disclaims all expressed and implied warranties relating thereto, including but not limited to the warranties of merchantability and fitness for a particular purpose.

Customer shall indemnify, defend and hold harmless NTT and its officers, directors, employees, agents, successors and assignees, from any and all losses, liabilities, damages and claims, and all related costs and expenses (including reasonable legal fees and costs) caused or brought by Customer, its employees or contractors arising from the NTT Information or the NTT seminar which are the subject of this Agreement.

Neither Customer nor NTT shall have the right to seek or collect amounts from the other for indirect, special, consequential or punitive damages, even if such damages are foreseeable. In the event NTT shall be liable to Customer for damages arising under or in connection with this Agreement, whether arising by negligence, intended conduct or otherwise, the Customer may not recover from NTT any amounts in excess of the amounts paid pursuant to this Agreement.

Neither Customer nor NTT shall assert any claim in connection with this Agreement unless the asserting party has given the other party written notice of the claim within six (6) months after the asserting party first knew or should have known of the facts giving rise to such claim, except that claims for non-payment may be brought at any time up to two (2) years from the date payment was due.

Notices and Governing Law

All notices to NTT shall be sent by overnight mail or certified mail, return receipt requested to the addresses of the parties set forth on page 1.

The contract shall be governed by and interpreted in accordance with the laws of the State of Colorado. Venue for any action arising out of this Agreement shall be proper and both parties hereby submit to jurisdiction in the State or federal courts with jurisdiction over the County of Arapahoe, State of Colorado.

Completion Certificates

In order to receive a certificate of completion from NTT at the conclusion of this course, students are required to provide their signature and/or initials on the class sign-in sheet each day as well as remain in class throughout the scheduled period of instruction.

Customer-Student Records Policy

All customers-students enrolled or previously enrolled in a course with NTT Workforce Development Institute have certain rights with regard to information included in their education records. These rights are shown in full on the company website at www.nttinc.com.

General Policy. Information from records, files, or other data that is directly related to a customer-student shall be disclosed to individuals or agencies outside NTT only with written consent of the customer-student, unless a disclosure is made.

The Education Record. An education record is defined as any records and other materials that contain information directly related to a customer-student and which are maintained by NTT. The customer-student education record includes directory and non-directory information. Directory information may be disclosed by NTT without prior consent of the customer-student and which is considered part of the public record of the customer-student’s attendance. Directory information includes a customer-student’s name, address, telephone number, e-mail address, date and place of birth, dates of attendance, certificates received. Non-directory information includes information that is not public in nature, such as social security number, customer-student number, and other information that would make the customer-student personally identifiable. Non-directory information cannot be released by NTT absent the consent of the customer-student, legal process or an applicable FERPA exception.

Records Administrator. NTT has designated Debi Joens as responsible for customer-student records or the “records administrator”, responsible for maintaining a listing of customer-student records and the location and general content of the records. Any customer-student request concerning records should be directed to this administrator. Customer-student Review of Education Records.

Customer-students shall have the right to review the contents of their education records, in the presence of an NTT staff member. To inspect his/her record, a customer-student should go to the office of the appropriate records administrator.

Challenging the contents of the Record. NTT will respond to any reasonable request for an explanation or interpretation of an item in a customer student’s education record. Request for such explanation or interpretation should be addressed, in writing, to the appropriate records administrator. If, after inspecting a record, a customer-student believes that information contained in the educational record is inaccurate or misleading or violates his or her privacy, the customer-student may request that the record be amended by presenting a written request to the appropriate records administrator.

Waiver of Access. NTT may request that a customer-student waive his/her right to inspect and review confidential recommendation in the education record. A waiver may be revoked, in writing, with respect to material sought subsequent to the revocation.

Disclosure of Education Records to Third Parties. The general policy of NTT is not to provide access to customer-student education record information to third parties, absent the written consent of the customer-student.

Customer-Student Records & Retention Policy

All customer-students enrolled or previously enrolled in courses with NTT have certain rights with regard to information included in their education records. These rights are the subject of this policy.

I. General Policy

Information from records, files, or other data that is directly related to a customer-student, other than public information, defined below, shall be disclosed to individuals or agencies outside the Institute only with the written consent of the customer-student, unless a disclosure is made pursuant to one of the exceptions set forth in article IX, below.

II. Definitions

An education record is defined as any records, files, documents, and other materials that contain information directly related to a customer-student and which are maintained by the Institute or a party acting for the Institute. Not included in the definition of an education record are records of instructional, supervisory, and administrative personnel, which are in the sole possession of the maker of such record and accessible only to the maker or a substitute.

III. Definition of Customer-student

A customer-student is defined as any individual currently or previously enrolled in any course of the Institute. This definition does not include prospective customer-students.

IV. The Education Record

The customer-student education record includes directory and non-directory information. Directory information is information that may be disclosed by the Institute without prior consent of the customer-student and which is considered part of the public record of the customer-student’s attendance. Although it is personal customer-student information, information that is directory is regarded as the type of information that might be found in a directory or yearbook, the disclosure of which would not be considered an invasion of a customer-student’s privacy. Directory information includes a customer-student’s name, address (local and permanent) telephone number, e-mail address (e.g., [email protected]), date and place of birth, dates of attendance, certificates received, and a photograph of the customer-student.

Non-directory information is distinguishable from directory information in that it personally identifies the customer-student but cannot be released by the Institute absent the consent of the customer-student, legal process or an applicable FERPA exception permits the release. Non-directory information includes information that is not public in nature, such as social security number, customer-student number, and other information that would make the customer-student personally identifiable.

V. Types and Location of Records

The Institute maintains an electronic record on each customer-student enrolled, which may include applications, performance evaluations and correspondence. Since 2002, the Institute has utilized SalesLogix (SLX) as its customer relationship management system (CRMS). The CRMS maintains the customer-student records which may, but not necessarily, include information such as customer-student name, business phone number and email address. The record would also include the course(s) attended by each student, including dates and locations. Finally, some of the following employer data may be appended to the student record: name, address, phone number, supervisor, and approving manger. Electronic data and records maintained in SLX is backed up daily.

VI. Records Administrator

The Institute has designated the following administrator as responsible for customer-student records: Cindi Wair. The person who occupies this position is designated as “records administrator”, responsible for maintaining a listing of customer-student records and the location and general content of the records. Any customer-student request concerning records or files, including requests that public information not be disclosed, requests for disclosure to third parties and requests for access by the customer-student should be directed to this administrator. Forms for all such requests may be obtained from this administrator. This person will also act as hearing officer when the content of a record is challenged, as provided below.

VII. Customer-student Review of Education Records

Customer-students shall have the right to review the contents of their education records, in the presence of an Institute staff member. To inspect his/her record, a customer-student should go to the office of the appropriate records administrator to initiate a written request. If a customer-student is unable to personally appear to inspect his/her record, a written, notarized request for inspection must be submitted to the records administrator. The time set for inspection shall be within 45 days of the date of the written request. If the records administrator concludes that inspection and review of the record can be accomplished only by providing a copy to the customer-student, the record will be copied and provided to the customer-student, upon receipt of the actual cost of copying the record.

VIII. Challenging the Contents of the Record

The Institute will respond to any reasonable request for an explanation or interpretation of an item in a customer-student’s education record. Requests for such explanation or interpretation should be addressed, in writing, to the appropriate records administrator. If, after inspecting a record, a customer-student believes that information contained in the educational record is inaccurate or misleading or violates his or her privacy, the customer-student may request that the record be amended by presenting a written request to the appropriate records administrator.

A request that the record be amended will be answered by the records administrator within 45 days of its receipt and will indicate whether the request for the amendment is granted or denied. If denied, the customer-student has a right to a hearing on the matter. A written request for a hearing must be addressed to the appropriate records administrator, referenced in Section V. The records administrator will set a date and time for the hearing, within 30 days of having received the request, and will provide reasonable notice to the customer-student.

The request for a hearing should identify the item or items in the file being challenged and state the grounds for the challenge, e.g., inaccuracy, misleading nature, inappropriateness. The records administrator will examine the contested item, hear the person responsible for placing the item in the file, if appropriate, and will examine any documents or hear any testimony the customer-student wishes to present. A customer-student may be assisted or represented by individuals of his or her choice, including an attorney, at his or her own expense. The records administrator may decide that the item should be retained or that it should be deleted or altered, and will issue a written decision, based solely on the evidence presented, within 10 days of the conclusion of the hearing. If the decision is adverse to the customer-student, the notice of decision will include a statement that the customer-student has the right to place a statement in the record commenting on the information and/or setting forth reasons for disagreeing with the decision.

IX. Waiver of Access

The Institute may request that a customer-student waive his/her right to inspect and review confidential recommendations in the education record. Such recommendations may concern the customer-student’s application for admission, employment or honors. A customer-student who elects to sign a waiver of access may, upon request, receive notice of the names of all those providing recommendations, that the recommendations are used only for the purpose solicited, and that the waiver is neither a condition of admission nor shall it affect the receipt of any other benefit. A waiver may be revoked, in writing, with respect to material sought subsequent to the revocation.

X. Disclosure of Education Records to Third Parties

The general policy of the Institute is not to provide access to customer-student education record information to third parties, absent the written consent of the customer-student. Should a customer-student wish to have his/her education record information released, a written request, signed and dated, must be directed to the proper records administrator, specifying the records to be released, the reason for release, and the party or class of parties to whom records are to be released. By written request, a customer-student may obtain a copy of the records released.

The information transferred shall include a statement that the information may be used by the receiving party or, if an organization, by its officers, agents, and employees, only for the purpose(s) requested, and that the receiving party shall not transfer the information to any other party, except with the written consent of the customer-student.

XI. This Records Policy shall be published in the online catalog and a copy shall be displayed prominently…

…in the Institute’s web pages. In order to comply with the requirement that the Institute give annual notice of this policy to enrolled customer-students, a short notice of the policy shall be included in the instructor’s teaching materials such as his/her slide deck where available.

Attendance Monitoring Policy and Procedure

Policy Purpose

The purpose of this policy is to monitor student attendance to ensure compliance with the Institute’s requirements and policies re the issuance of Certificates of Completion. The intent is to provide all students with the best opportunity to achieve the learning outcomes of their chosen class.

Policy Scope

This policy applies to all classes whether they are considered “public” or “onsite”.

Policy Content

Instructors will closely monitor the Institute’s sign-in sheet each day in order to ensure that students attending class are properly identified and that those who sign in remain in the class throughout the day. The monitoring process is repeated for each day of that class.

Attendance monitoring is the only means to ensure that students meet the requirements stipulated to receive a Certificate of Completion. 100% attendance is required.

Certificate of Completion will only be issued where a student attended 100% of the instructional hours for the class.

This policy is made available to instructors and students through the Institute’s website.

Procedure for Implementation

The instructor must use the sign-in sheets to record student attendance at each scheduled day of instruction.

The instructor must return the sign-in sheet to Centennial immediately following the final day of instruction.

The Customer Service department will enter attendance records into Sales Logix (SLX) upon receipt of the sign-in sheet in order to allow for an attendance report to be generated, if one is requested.

Customer Service will assess and identify any attendance issues and report them to the Director of Education. Customer Service will provide a summary report on attendance to the Director of Education each month.

Recordkeeping and Confidentiality

Records of all attendance handled under this policy and their outcomes will be maintained for a period of at least five years in SLX for auditing purposes by senior management or ACCET.

Publication

These procedures are to be published for students, instructors and staff on the Institute’s website to ensure that current and prospective students and staff have up to date and accurate information available to them.

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