Purpose:
These Terms and Conditions serve you the customer with the purpose of providing you with an overview of our policies and Standard Operating Procedures that may affect you. This
is not a contact to provide additional discounted course rates for exclusivity or additional services at lowered cost. This is not a contract to provide you with service or bound you to our
service for any given length of time. These Terms and Conditions is a means for convenience by providing you with answers to common questions.
Henceforth in these Terms and Conditions Central Ohio Health & Safety Training Center, LLC, and its instructors will
be referred to as “we, us, our, ours” and you the customer or the company you represent shall be referred to as “you,
your, yours, they, them”.
§1) YOUR RIGHTS TO REFUSE OR CANCEL THESE TERMS AND CONDITIONS
(A) THESE TERMS AND CONDITIONS START WHEN YOU ACCEPT. You accept when you do any of the following things after an opportunity to review
these terms and conditions:
(I) Give us a written signature;
(II) Schedule a class for yourself, someone else, for the group of persons or organization that you represent.
(III) Confirm a class that you have scheduled for yourself, someone else, for the group of persons or organization that you represent.
(IV) Enroll in or request matriculation into a class that we offer.
(B) IF YOU DON'T WANT TO ACCEPT, DO NOT SIGN, SCHEDULE, CONFIRM OR MATRICULATE. You can cancel (if you're a new customer) or go back
to the conditions of your former Customer Agreement (if you're already a customer) if you tell us WITHIN 30 DAYS of accepting. You'll still be
responsible through the original date for the service and any charges associated with it.
(C) By accepting these terms and conditions, you're bound to them. They cover important topics such as how long it lasts, fees for late payments, and our
rights to change its conditions and your service, limitations of liability, privacy, and settlement of disputes by arbitration instead of in court. If you accept
these terms and conditions, they will apply to all your service from us, including all, if any, of your existing terms and conditions.
§2) THESE TERMS AND CONDITIONS ARE NOT ALL INCLUSIVE
(A) Though we have tried to address as many of the common issues and concerns in these terms and conditions it is impossible for anyone to perceive all
situations, thus we reserve the right to make policy decisions at the time of any situation not clearly defined in these terms and conditions.
§3) BILLING
(A) We will advise you of the estimated cost of the class at the time of scheduling or prior to confirmation or matriculation.
(B) Payment in full is due prior to or at the time of service.
(C) We reserve the right to withhold the issuance of certifications to qualifying students until after payment has been processed.
(D) We reserve the right to withhold or suspend any and all services until your account is paid in full or until it is brought current.
§4) ARREARS BILLING FOR QUALIFYING CUSTOMERS
(A) You may apply for arrears billing for yourself of on behalf of your organization. You agree to abide by our decision whether or not to extend postpay/
credit line options to you.
(I) We may place limits on the amount that can be charged to your account at any given time.
(II) We may request deposits prior to the start of any service.
(III) If you are denied the opportunity for arrears billing we will advise you why.
(B) The billing cycle starts on the first day of the month and ends on the last day of the month.
(I) You may request an alternative bill cycle.
(1) In your request you must provide a reason why you want the change.
(2) We will advise you at the time of the request if we approve the change and any terms and conditions that may apply to the change.
(C) Invoice due dates vary according to the month and day of the week. The due date will be seven (7) to ten (10) workdays after the close of the bill cycle,
but no later than the fifteenth of the month, or the next work day of the month after the fifteenth if the fifteenth falls on a weekend or holiday.
(D) Payment is due in full as stated on your bill. IF WE DON'T RECEIVE PAYMENT IN FULL WHEN DUE, WE MAY, TO THE EXTENT PERMITTED BY
THE LAW OF THE STATE OF THE BILLING ADDRESS WE HAVE ON FILE FOR YOU AT THE TIME, CHARGE YOU A LATE FEE OF UP TO TWO
(2) PERCENT OF THE TOTAL BALANCE, OR A FLAT $5.00 WHICHEVER IS GREATER, ON UNPAID BALANCES.
(I) Grace period. Management reserves the right to institute an at will grace period based on payment history. This is at the sole discretion of
management.
(1) Level One. The Level One grace period is from the due date to the close of the first bill cycle after the invoice date. That is approximately thirty
(30) days from date of the invoice.
(2) Level Two. The Level Two grace period is from the close of the first bill cycle after the invoice to the close of the second bill cycle. That is
approximately sixty (60) days from date of the invoice.
(3) There is no waiver after sixty (60) days.
§5) FEES
(A) Course and Service Fees are determined by our standard pricing schedule, which is subject to change.
(B) You may request at any time a verbal or a written estimate.
(I) You may request a price matching quote; you must provide a copy of a written quote from the competitor.
(1) Request thereof does not guarantee that we will provide one.
(C) The pricing schedule is available online at http://www.cohstc.com.
(D) Returned Check Fee is $30.00
(E) Onsite Card Production Fee is $20.00 per certification card.
(I) Subject to limitations and restrictions.
(F) Rush Certification Processing is $10.00 for the first certification and $5.00 for each additional per client per class.
(I) Certifications are processed and mailed first class postage the following business day.
(II) Subject to limitations and restrictions.
§6) CANCELLATION BY US
(A) If at anytime we are unable to provide you with the proper staffing for the scheduled class(es)/course(s) we shall notify you as so the said
class(es)/course(s) are rescheduled at the earliest possible date and time.
(B) If we are forced to cancel then you shall be given priority scheduling. If we and you are unable to reschedule the course(s) within ninety (90) days from
the original date, or of the last scheduled class for multidated classes, then we will return all prepaid remuneration paid toward the account.
(I) Refunds may take thirty (30) to sixty (60) days to process.
§7) CANCELLATION BY YOU
(A) In the event that you must cancel the course(s), we will make arrangements to reschedule the course(s).
(B) In the event you cancel any part of the said course(s), and are unable to set a reschedule date for the course(s) by the original course date then you will
be billed a cancellation fee.
(C) For cancellations placed fifteen (15) or more calendar days in advance of the class(es)/course(s) date(s) the cancellation fee will be $60.00.
(D) If you cancel in fourteen (14) or less calendar days from the class(es)/course(s) date(s), the fee is fifteen percent (15%) of the total price of the
class(es)/course(s); with a minimum fee of $60.00.
(E) Classes cancelled the day of, or the day before, the scheduled start date are subject to the full cost of the class.
(F) If you have multiple courses you will only have cancellation fees assessed against the courses that are cancelled.
(G) If you have matriculated into a class and drop you are subject to the same fees in §7) (C), §7) (D) and §7) (E).
(H) If you are an individual and schedule a class or matriculate and you do not show up you will be billed for the full cost of the class or a minimum of $60.00
which ever is greater.
§8) CHANGE IN NUMBER OF STUDENT PARTICIPATION
(A) It is important that we know the number of students in the class(es)/course(s) we instruct; this is to maintain the highest level of quality possible. If at
any time the number of students changes it may reflect a change in the final price of the class(es)/course(s).
(B) If you notify us three (3) or more business days prior to the class(es)/course(s) date(s) that the final number of students has decreased then the final
price shall be reduced if it falls into a lower scheduled rate. If you notify us two (2) or less business days prior to the class(es)/course(s) date(s) that the
final number of students has decreased, then the original price may remain unchanged; or you may be charged a per student cancellation fee.
(C) If at any time the final number of students increases then we reserve the right to charge for the additional students based on the scheduled fee rates.
We retain the right to refuse additional students on account that we may not be able to adequately provide proper instructor to student ratios.
(D) Fill to capacity. Additional students may attend if they are not members of you group. These students will be responsible for their own bill and are
excluded from these terms and conditions.
(E) Post final confirmation changes. Approximately one (1) to three (3) business days prior to the class one of our office staff will be contacting you to verify
all the relevant information. At this time we will be getting the number of students that will be in attendance.
(I) If the number of students that do attend falls below this number we reserve the right to charge you a per student cancellation fee or the full cost.
The fee is fifteen percent (15%) of the per student enrollment fee.
§9) PAY ONCE POLICY
(A) In our mission to continuously provide the quality of health and safety training we have adopted the “Pay Once” policy. Should a student not be able to
pass the certification process (if applicable) remedial instruction will be provided until successful completion by the student.
(I) To qualify for the “pay once” policy a student must:
(1) Attend the full length of the class(es)/course(s) and every date of the class(es)/course(s) if it is a multidated class.
(2) Fail any attempts at remediation at the time of the class(es)/course(s).
(B) We will provide the student with dates and times that are available for remedial instruction.
(C) We reserve the right to limit the number of remedial classes to four (4) or less under extenuating circumstances.
§10) MATERIALS AND DOCUMENTION OWNERSHIP
(A) A copy of these Terms and Conditions—hard or soft—will be provided to you.
(I) You may also access our current terms and conditions at: http://www.cohstc.com/terms_and_conditions.html
(B) You understand that we own all instructional and testing material.
(C) A student or client may purchase additional course books through us. You recognize that we own all course records, course evaluations, Student Rights
and Responsibilities Acknowledgment forms, and contracts and other documentation generated by us and our staff.
(I) Should you require course records you may request copies through a formal written request.
(II) We recognize that some professionals require specialized documentation to retain licensure or certification; therefore we will complete the
documentation that is provided by the student that is required by the state or agency.
(1) A documentation fee may apply.
§11) FACILITIES
(A) It is your sole responsibility to provide safe and adequate facilities for the course(s). You are asked to provide a television (TV). We shall be responsible
for the remaining teaching supplies and course equipment.
(I) There may be times when we can secure a facility to hold the class(es) at. We will advise you if we can secure the premises, we cannot guarantee
that we will be able to provide a space.
(B) Any person(s) who abuse or carelessly misuse and damage our property will be held liable for the cost of the replacement.
(C) You recognize that we do not own, lease or rent the premises and are NOT responsible for any malfunction or poor condition of the premises, and
therefore you will not hold us liable for injury to the students caused by any possible poor conditions of the facilities.
§12) DISEASE TRANSMISSION AND INJURY
(A) We adhere to the highest standards of medical asepsis when cleaning and decontaminating practice equipment. It is however possible for disease
transmission to occur while using our equipment. To yet further reduce the possibility of disease transmission you acknowledge that the students will
follow the instructor’s directions on proper use of the equipment.
(I) Students must notify the instructor if they have any sores on their hands or lips.
(B) We and our instructors will never force a student to perform an action which will knowingly injure a student. Therefore you will not hold us liable for any
injury incurred by the student(s).
(C) Students who misuse and/or abuse our property will not hold us liable for injury as result of the misuse and/or abuse.
(D) We are NOT responsible for any decontamination or maintenance of training equipment provided by you or your facility.
§13) POLICY CHANGES
(A) We may at times adopt a change in policy; should at any time the possible policy change(s) affect the dynamics of our relationship with you, you will be
notified in writing.
(B) Your service is subject to our business policies, practices, and procedures, which we can change without notice. UNLESS OTHERWISE PROHIBITED
BY LAW, WE CAN ALSO CHANGE PRICES AND ANY OTHER CONDITIONS IN THIS AGREEMENT AT ANY TIME BY SENDING YOU WRITTEN
NOTICE THIRTY (30) DAYS PRIOR TO THE BILLING PERIOD IN WHICH THE CHANGES WOULD GO INTO EFFECT. IF YOU CHOOSE TO USE
YOUR SERVICE AFTER THAT POINT, YOU'RE ACCEPTING THE CHANGES. IF THE CHANGES HAVE A MATERIAL ADVERSE EFFECT ON YOU,
HOWEVER, YOU CAN END THE AFFECTED SERVICE, WITHOUT ANY BREACH OF CONTRACT, JUST BY CALLING US WITHIN 30 DAYS AFTER
WE SEND NOTICE OF THE CHANGE.
§14) CERTIFICATION DISTRIBUTION
(A) We will send certification cards for those students who have completed the class(es)/course(s) satisfactorily within thirty (30) days of the final date of the
class.
(I) We reserve the right to withhold certification cards until after your account is brought current or paid in full.
(1) Certifications that are withheld will be released within thirty (30) days of the account being brought current or paid in full.
(B) If a student is taking this class offered by you the certifications will be mailed to the designated contact person for that class.
(C) If a student is in a Fill To Capacity class and the student is paying for their own certification it will be mailed to the address provided by the student.
(D) If a student is part of your organization and wants to have the certification mailed to the student’s address, approval in writing must be obtained from the
contact person, and a $5.00 processing fee paid by the student.
§15) CERTIFICATION REPLACEMENT
(A) If for any reason the student needs a certification replacement, such as, incorrect name do to illegible writing, loss, theft, destruction, or any other unforeseen
reasons the replacement fee is $10.00 per certification card.
(I) The student must return the original card or the remnants thereof; or sign an affidavit that it is lost or stolen and pay the fee prior to the replacement being
issued.
(II) Students may also be required to provide additional evidence such as—but not limited to--a police report.
(III) If you have not received the certifications by the dates outlined in §14(A) and §14(A)(I)(1) it is your responsibility to contact us.
(1) If it has been more than thirty (30) days since the dates outlined in §14(A) and §14(A)(I)(1) it will be your responsibility to pay for the replacements
regardless of cause.
(2) You will be assessed replacement fees regardless of time lines if we have an incorrect address on file that was verified by you.
§16) PERSONAL SAFETY
(A) We do not condone discrimination, violence, assault or an environment that is threatening in nature. Please contact your instructor if you have concerns.
(B) We reserve the right to remove any person from the class for any reason that interrupts the learning experience or is not providing for the safety of all.
§17) PRIVACY POLICY
(A) You hereby authorize us to contact you via the information you provided for any valid business need, including issuing certifications, offering renewals, advising of
near expiration or expired certifications, collecting debts, invitations to newsletters and other reserved purposes.
(B) WE MAY USE AND SHARE INFORMATION ABOUT YOU AND HOW YOU USE THE SERVICES:
(I) SO WE CAN PROVIDE OUR GOODS OR SERVICES;
(II) SO OTHERS CAN PROVIDE GOODS OR SERVICES TO US, OR TO YOU ON OUR BEHALF;
(III) TO PROTECT OURSELVES; OR
(IV) AS REQUIRED BY LAW, LEGAL PROCESS, OR EXIGENT CIRCUMSTANCES.
(V) For training or quality assurance, we may also monitor or record our calls with you.
(C) The full electronic privacy policy is available at: http://www.cohstc.com/Privacy_Policy.html.
§18) TAXES, FEES AND SURCHARGES WE DO NOT SET.
(A) You agree to pay all taxes, fees, and surcharges set by the government. We may not always give advance notice of changes to these items.
(B) If you're tax–exempt you must give us your exemption certificates and pay for any filings we make.
§19) QUORUM
(A) The quorum is three (3) students. We will not schedule a class that has less than three students.
(I) Management reserves the right to schedule for less than three (3) under extenuating circumstances.
(B) If a class that is scheduled with three or more students has an attendance of less than three your account will be billed for three students.
(I) The payment for the students not present may–at the sole discretion of management–be placed on your account as a credit balance and may be valid toward
your next class of eight (8) or more.
§20) WAIVERS AND LIMITATIONS OF LIABILITY
(A) UNLESS THE LAW FORBIDS IT IN ANY PARTICULAR CASE, WE EACH AGREE TO LIMIT CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF
AGAINST EACH OTHER TO DIRECT DAMAGES. THIS LIMITATION AND WAIVER WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER
FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, PRODUCTS LIABILITY, OR ANY OTHER THEORY. THIS MEANS THAT
NEITHER OF US WILL SEEK ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM THE OTHER. You agree we aren't
liable for problems caused by you or a third party; by buildings or other things we don't control; or by any act of God.
(B) Any part of this contract that is not enforceable or violates the law will be null and void. However the remaining sections of the contract will still be adhered to.
§21) DISPUTE RESOLUTION AND MANDATORY ARBITRATION
(A) Though we always strive to provide the highest quality of customer service possible there may be a time when there is a dispute. You agree to use our internal
client resolution process first and abide by its rules.
(I) Our internal client resolution is a multitier system and goes as follows:
(1) Primary Resolution: On-site Instructor.
(2) Secondary Resolution: Customer Service Manger.
(3) Tertiary Resolution: Director of Client Relations
(4) Quaternary Resolution: Senior Manager / Officer
(5) Quinary Resolution: Majority of Members
(II) If you and us are unable to reach a resolution at the quinary resolution level you and us will continue to the next step outlined in §21) (B).
(B) WE EACH AGREE TO SETTLE DISPUTES (EXCEPT CERTAIN SMALL CLAIMS) ONLY BY ARBITRATION. THERE'S NO JUDGE OR JURY IN ARBITRATION,
AND REVIEW IS LIMITED, BUT AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME LIMITATIONS IN THIS
AGREEMENT, AS A COURT WOULD. IF AN APPLICABLE STATUTE PROVIDES FOR AN AWARD OF ATTORNEY'S FEES, AN ARBITRATOR CAN AWARD
THEM TOO.
(I) We fully reserve the right to file small claims or other civil actions to collect on unpaid balances, including balances that contain fees for non-instructional
services and late fees.
§22) FRUGAL FIVES SM REWARDS PROGRAM
(A) We offer a rewards program called Frugal Fives SM. It is intended for group rate customers only and may be subject to additional limitations and restrictions.
(B) Eligibility:
(I) You are eligible for Frugal Fives SM after completion of your first class with five (5) or more students.
(1) You are eligible for Frugal Fives SM only if the class is billed to one company or organization.
(II) Accumulating rewards.
(1) After your first class you may refer any unique company or organization. If they complete a class with five (5) or more students you receive five percent
(5.0%) off your next class of five (5) or more. You may refer up to five (5) for a total of up to twenty-five percent (25.0%) off.
(a) The definition of unique: any company or organization that has never been referred to us.
(III) Restrictions
(1) May not be valid with other discounts or promotions.
(2) Limit two (2) discounted classes per year. Must use rewards with in two (2) years of issue date.
(3) You cannot earn more than one reward per year for combination Cardiopulmonary Resuscitation and Basic First Aid Classes.
(4) You cannot use more than one reward earned from combination Cardiopulmonary Resuscitation and Basic First Aid Classes per discounted class.
§23) ABOUT YOU AND ACCOUNT MAINTENANCE
(A) You represent that you're at least 18 years old and have the legal capacity to accept this agreement. If you're ordering for a company, you're representing that
you're authorized to bind it, and where the context requires, "you" means the company.
(B) It is your sole responsibility to ensue that we have accurate and timely contact information. You agree to notify us immediately if there are any changes in your
name, authorized contacts, address(es) telephone numbers, facsimile machine (fax) numbers, email address, URL’s, and any other contact information that we
retain on file.
(I) If you suspect an inaccuracy in any information it is your responsibility to contact us to make the necessary corrections.
By signing, scheduling, confirming or matriculating you agree that you have read, understand, and accept the Terms and Conditions
Version 2.3.2.2
You are also agreeing to the understanding that:
1) These Terms and Conditions are a means for convenience by providing you with answers to common questions.
2) These Terms and Conditions serve you the customer with the purpose of providing you with an overview of our policies and Standard
Operating Procedures that may affect you, but is not all inclusive of all of our policies and procedures.
3) This is not a contact to provide additional discounted course rates for exclusivity or additional services at lowered cost.
4) This is not a contract to provide you with service or bound you to our service for any given length of time
5) I or the organization I represent has received a copy–whether it be hard or soft–and/or have be advised how to access it through
http://www.cohstc.com
These Terms and Conditions serve you the customer with the purpose of providing you with an overview of our policies and Standard Operating Procedures that may affect you. This
is not a contact to provide additional discounted course rates for exclusivity or additional services at lowered cost. This is not a contract to provide you with service or bound you to our
service for any given length of time. These Terms and Conditions is a means for convenience by providing you with answers to common questions.
Henceforth in these Terms and Conditions Central Ohio Health & Safety Training Center, LLC, and its instructors will
be referred to as “we, us, our, ours” and you the customer or the company you represent shall be referred to as “you,
your, yours, they, them”.
§1) YOUR RIGHTS TO REFUSE OR CANCEL THESE TERMS AND CONDITIONS
(A) THESE TERMS AND CONDITIONS START WHEN YOU ACCEPT. You accept when you do any of the following things after an opportunity to review
these terms and conditions:
(I) Give us a written signature;
(II) Schedule a class for yourself, someone else, for the group of persons or organization that you represent.
(III) Confirm a class that you have scheduled for yourself, someone else, for the group of persons or organization that you represent.
(IV) Enroll in or request matriculation into a class that we offer.
(B) IF YOU DON'T WANT TO ACCEPT, DO NOT SIGN, SCHEDULE, CONFIRM OR MATRICULATE. You can cancel (if you're a new customer) or go back
to the conditions of your former Customer Agreement (if you're already a customer) if you tell us WITHIN 30 DAYS of accepting. You'll still be
responsible through the original date for the service and any charges associated with it.
(C) By accepting these terms and conditions, you're bound to them. They cover important topics such as how long it lasts, fees for late payments, and our
rights to change its conditions and your service, limitations of liability, privacy, and settlement of disputes by arbitration instead of in court. If you accept
these terms and conditions, they will apply to all your service from us, including all, if any, of your existing terms and conditions.
§2) THESE TERMS AND CONDITIONS ARE NOT ALL INCLUSIVE
(A) Though we have tried to address as many of the common issues and concerns in these terms and conditions it is impossible for anyone to perceive all
situations, thus we reserve the right to make policy decisions at the time of any situation not clearly defined in these terms and conditions.
§3) BILLING
(A) We will advise you of the estimated cost of the class at the time of scheduling or prior to confirmation or matriculation.
(B) Payment in full is due prior to or at the time of service.
(C) We reserve the right to withhold the issuance of certifications to qualifying students until after payment has been processed.
(D) We reserve the right to withhold or suspend any and all services until your account is paid in full or until it is brought current.
§4) ARREARS BILLING FOR QUALIFYING CUSTOMERS
(A) You may apply for arrears billing for yourself of on behalf of your organization. You agree to abide by our decision whether or not to extend postpay/
credit line options to you.
(I) We may place limits on the amount that can be charged to your account at any given time.
(II) We may request deposits prior to the start of any service.
(III) If you are denied the opportunity for arrears billing we will advise you why.
(B) The billing cycle starts on the first day of the month and ends on the last day of the month.
(I) You may request an alternative bill cycle.
(1) In your request you must provide a reason why you want the change.
(2) We will advise you at the time of the request if we approve the change and any terms and conditions that may apply to the change.
(C) Invoice due dates vary according to the month and day of the week. The due date will be seven (7) to ten (10) workdays after the close of the bill cycle,
but no later than the fifteenth of the month, or the next work day of the month after the fifteenth if the fifteenth falls on a weekend or holiday.
(D) Payment is due in full as stated on your bill. IF WE DON'T RECEIVE PAYMENT IN FULL WHEN DUE, WE MAY, TO THE EXTENT PERMITTED BY
THE LAW OF THE STATE OF THE BILLING ADDRESS WE HAVE ON FILE FOR YOU AT THE TIME, CHARGE YOU A LATE FEE OF UP TO TWO
(2) PERCENT OF THE TOTAL BALANCE, OR A FLAT $5.00 WHICHEVER IS GREATER, ON UNPAID BALANCES.
(I) Grace period. Management reserves the right to institute an at will grace period based on payment history. This is at the sole discretion of
management.
(1) Level One. The Level One grace period is from the due date to the close of the first bill cycle after the invoice date. That is approximately thirty
(30) days from date of the invoice.
(2) Level Two. The Level Two grace period is from the close of the first bill cycle after the invoice to the close of the second bill cycle. That is
approximately sixty (60) days from date of the invoice.
(3) There is no waiver after sixty (60) days.
§5) FEES
(A) Course and Service Fees are determined by our standard pricing schedule, which is subject to change.
(B) You may request at any time a verbal or a written estimate.
(I) You may request a price matching quote; you must provide a copy of a written quote from the competitor.
(1) Request thereof does not guarantee that we will provide one.
(C) The pricing schedule is available online at http://www.cohstc.com.
(D) Returned Check Fee is $30.00
(E) Onsite Card Production Fee is $20.00 per certification card.
(I) Subject to limitations and restrictions.
(F) Rush Certification Processing is $10.00 for the first certification and $5.00 for each additional per client per class.
(I) Certifications are processed and mailed first class postage the following business day.
(II) Subject to limitations and restrictions.
§6) CANCELLATION BY US
(A) If at anytime we are unable to provide you with the proper staffing for the scheduled class(es)/course(s) we shall notify you as so the said
class(es)/course(s) are rescheduled at the earliest possible date and time.
(B) If we are forced to cancel then you shall be given priority scheduling. If we and you are unable to reschedule the course(s) within ninety (90) days from
the original date, or of the last scheduled class for multidated classes, then we will return all prepaid remuneration paid toward the account.
(I) Refunds may take thirty (30) to sixty (60) days to process.
§7) CANCELLATION BY YOU
(A) In the event that you must cancel the course(s), we will make arrangements to reschedule the course(s).
(B) In the event you cancel any part of the said course(s), and are unable to set a reschedule date for the course(s) by the original course date then you will
be billed a cancellation fee.
(C) For cancellations placed fifteen (15) or more calendar days in advance of the class(es)/course(s) date(s) the cancellation fee will be $60.00.
(D) If you cancel in fourteen (14) or less calendar days from the class(es)/course(s) date(s), the fee is fifteen percent (15%) of the total price of the
class(es)/course(s); with a minimum fee of $60.00.
(E) Classes cancelled the day of, or the day before, the scheduled start date are subject to the full cost of the class.
(F) If you have multiple courses you will only have cancellation fees assessed against the courses that are cancelled.
(G) If you have matriculated into a class and drop you are subject to the same fees in §7) (C), §7) (D) and §7) (E).
(H) If you are an individual and schedule a class or matriculate and you do not show up you will be billed for the full cost of the class or a minimum of $60.00
which ever is greater.
§8) CHANGE IN NUMBER OF STUDENT PARTICIPATION
(A) It is important that we know the number of students in the class(es)/course(s) we instruct; this is to maintain the highest level of quality possible. If at
any time the number of students changes it may reflect a change in the final price of the class(es)/course(s).
(B) If you notify us three (3) or more business days prior to the class(es)/course(s) date(s) that the final number of students has decreased then the final
price shall be reduced if it falls into a lower scheduled rate. If you notify us two (2) or less business days prior to the class(es)/course(s) date(s) that the
final number of students has decreased, then the original price may remain unchanged; or you may be charged a per student cancellation fee.
(C) If at any time the final number of students increases then we reserve the right to charge for the additional students based on the scheduled fee rates.
We retain the right to refuse additional students on account that we may not be able to adequately provide proper instructor to student ratios.
(D) Fill to capacity. Additional students may attend if they are not members of you group. These students will be responsible for their own bill and are
excluded from these terms and conditions.
(E) Post final confirmation changes. Approximately one (1) to three (3) business days prior to the class one of our office staff will be contacting you to verify
all the relevant information. At this time we will be getting the number of students that will be in attendance.
(I) If the number of students that do attend falls below this number we reserve the right to charge you a per student cancellation fee or the full cost.
The fee is fifteen percent (15%) of the per student enrollment fee.
§9) PAY ONCE POLICY
(A) In our mission to continuously provide the quality of health and safety training we have adopted the “Pay Once” policy. Should a student not be able to
pass the certification process (if applicable) remedial instruction will be provided until successful completion by the student.
(I) To qualify for the “pay once” policy a student must:
(1) Attend the full length of the class(es)/course(s) and every date of the class(es)/course(s) if it is a multidated class.
(2) Fail any attempts at remediation at the time of the class(es)/course(s).
(B) We will provide the student with dates and times that are available for remedial instruction.
(C) We reserve the right to limit the number of remedial classes to four (4) or less under extenuating circumstances.
§10) MATERIALS AND DOCUMENTION OWNERSHIP
(A) A copy of these Terms and Conditions—hard or soft—will be provided to you.
(I) You may also access our current terms and conditions at: http://www.cohstc.com/terms_and_conditions.html
(B) You understand that we own all instructional and testing material.
(C) A student or client may purchase additional course books through us. You recognize that we own all course records, course evaluations, Student Rights
and Responsibilities Acknowledgment forms, and contracts and other documentation generated by us and our staff.
(I) Should you require course records you may request copies through a formal written request.
(II) We recognize that some professionals require specialized documentation to retain licensure or certification; therefore we will complete the
documentation that is provided by the student that is required by the state or agency.
(1) A documentation fee may apply.
§11) FACILITIES
(A) It is your sole responsibility to provide safe and adequate facilities for the course(s). You are asked to provide a television (TV). We shall be responsible
for the remaining teaching supplies and course equipment.
(I) There may be times when we can secure a facility to hold the class(es) at. We will advise you if we can secure the premises, we cannot guarantee
that we will be able to provide a space.
(B) Any person(s) who abuse or carelessly misuse and damage our property will be held liable for the cost of the replacement.
(C) You recognize that we do not own, lease or rent the premises and are NOT responsible for any malfunction or poor condition of the premises, and
therefore you will not hold us liable for injury to the students caused by any possible poor conditions of the facilities.
§12) DISEASE TRANSMISSION AND INJURY
(A) We adhere to the highest standards of medical asepsis when cleaning and decontaminating practice equipment. It is however possible for disease
transmission to occur while using our equipment. To yet further reduce the possibility of disease transmission you acknowledge that the students will
follow the instructor’s directions on proper use of the equipment.
(I) Students must notify the instructor if they have any sores on their hands or lips.
(B) We and our instructors will never force a student to perform an action which will knowingly injure a student. Therefore you will not hold us liable for any
injury incurred by the student(s).
(C) Students who misuse and/or abuse our property will not hold us liable for injury as result of the misuse and/or abuse.
(D) We are NOT responsible for any decontamination or maintenance of training equipment provided by you or your facility.
§13) POLICY CHANGES
(A) We may at times adopt a change in policy; should at any time the possible policy change(s) affect the dynamics of our relationship with you, you will be
notified in writing.
(B) Your service is subject to our business policies, practices, and procedures, which we can change without notice. UNLESS OTHERWISE PROHIBITED
BY LAW, WE CAN ALSO CHANGE PRICES AND ANY OTHER CONDITIONS IN THIS AGREEMENT AT ANY TIME BY SENDING YOU WRITTEN
NOTICE THIRTY (30) DAYS PRIOR TO THE BILLING PERIOD IN WHICH THE CHANGES WOULD GO INTO EFFECT. IF YOU CHOOSE TO USE
YOUR SERVICE AFTER THAT POINT, YOU'RE ACCEPTING THE CHANGES. IF THE CHANGES HAVE A MATERIAL ADVERSE EFFECT ON YOU,
HOWEVER, YOU CAN END THE AFFECTED SERVICE, WITHOUT ANY BREACH OF CONTRACT, JUST BY CALLING US WITHIN 30 DAYS AFTER
WE SEND NOTICE OF THE CHANGE.
§14) CERTIFICATION DISTRIBUTION
(A) We will send certification cards for those students who have completed the class(es)/course(s) satisfactorily within thirty (30) days of the final date of the
class.
(I) We reserve the right to withhold certification cards until after your account is brought current or paid in full.
(1) Certifications that are withheld will be released within thirty (30) days of the account being brought current or paid in full.
(B) If a student is taking this class offered by you the certifications will be mailed to the designated contact person for that class.
(C) If a student is in a Fill To Capacity class and the student is paying for their own certification it will be mailed to the address provided by the student.
(D) If a student is part of your organization and wants to have the certification mailed to the student’s address, approval in writing must be obtained from the
contact person, and a $5.00 processing fee paid by the student.
§15) CERTIFICATION REPLACEMENT
(A) If for any reason the student needs a certification replacement, such as, incorrect name do to illegible writing, loss, theft, destruction, or any other unforeseen
reasons the replacement fee is $10.00 per certification card.
(I) The student must return the original card or the remnants thereof; or sign an affidavit that it is lost or stolen and pay the fee prior to the replacement being
issued.
(II) Students may also be required to provide additional evidence such as—but not limited to--a police report.
(III) If you have not received the certifications by the dates outlined in §14(A) and §14(A)(I)(1) it is your responsibility to contact us.
(1) If it has been more than thirty (30) days since the dates outlined in §14(A) and §14(A)(I)(1) it will be your responsibility to pay for the replacements
regardless of cause.
(2) You will be assessed replacement fees regardless of time lines if we have an incorrect address on file that was verified by you.
§16) PERSONAL SAFETY
(A) We do not condone discrimination, violence, assault or an environment that is threatening in nature. Please contact your instructor if you have concerns.
(B) We reserve the right to remove any person from the class for any reason that interrupts the learning experience or is not providing for the safety of all.
§17) PRIVACY POLICY
(A) You hereby authorize us to contact you via the information you provided for any valid business need, including issuing certifications, offering renewals, advising of
near expiration or expired certifications, collecting debts, invitations to newsletters and other reserved purposes.
(B) WE MAY USE AND SHARE INFORMATION ABOUT YOU AND HOW YOU USE THE SERVICES:
(I) SO WE CAN PROVIDE OUR GOODS OR SERVICES;
(II) SO OTHERS CAN PROVIDE GOODS OR SERVICES TO US, OR TO YOU ON OUR BEHALF;
(III) TO PROTECT OURSELVES; OR
(IV) AS REQUIRED BY LAW, LEGAL PROCESS, OR EXIGENT CIRCUMSTANCES.
(V) For training or quality assurance, we may also monitor or record our calls with you.
(C) The full electronic privacy policy is available at: http://www.cohstc.com/Privacy_Policy.html.
§18) TAXES, FEES AND SURCHARGES WE DO NOT SET.
(A) You agree to pay all taxes, fees, and surcharges set by the government. We may not always give advance notice of changes to these items.
(B) If you're tax–exempt you must give us your exemption certificates and pay for any filings we make.
§19) QUORUM
(A) The quorum is three (3) students. We will not schedule a class that has less than three students.
(I) Management reserves the right to schedule for less than three (3) under extenuating circumstances.
(B) If a class that is scheduled with three or more students has an attendance of less than three your account will be billed for three students.
(I) The payment for the students not present may–at the sole discretion of management–be placed on your account as a credit balance and may be valid toward
your next class of eight (8) or more.
§20) WAIVERS AND LIMITATIONS OF LIABILITY
(A) UNLESS THE LAW FORBIDS IT IN ANY PARTICULAR CASE, WE EACH AGREE TO LIMIT CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF
AGAINST EACH OTHER TO DIRECT DAMAGES. THIS LIMITATION AND WAIVER WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER
FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, PRODUCTS LIABILITY, OR ANY OTHER THEORY. THIS MEANS THAT
NEITHER OF US WILL SEEK ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM THE OTHER. You agree we aren't
liable for problems caused by you or a third party; by buildings or other things we don't control; or by any act of God.
(B) Any part of this contract that is not enforceable or violates the law will be null and void. However the remaining sections of the contract will still be adhered to.
§21) DISPUTE RESOLUTION AND MANDATORY ARBITRATION
(A) Though we always strive to provide the highest quality of customer service possible there may be a time when there is a dispute. You agree to use our internal
client resolution process first and abide by its rules.
(I) Our internal client resolution is a multitier system and goes as follows:
(1) Primary Resolution: On-site Instructor.
(2) Secondary Resolution: Customer Service Manger.
(3) Tertiary Resolution: Director of Client Relations
(4) Quaternary Resolution: Senior Manager / Officer
(5) Quinary Resolution: Majority of Members
(II) If you and us are unable to reach a resolution at the quinary resolution level you and us will continue to the next step outlined in §21) (B).
(B) WE EACH AGREE TO SETTLE DISPUTES (EXCEPT CERTAIN SMALL CLAIMS) ONLY BY ARBITRATION. THERE'S NO JUDGE OR JURY IN ARBITRATION,
AND REVIEW IS LIMITED, BUT AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME LIMITATIONS IN THIS
AGREEMENT, AS A COURT WOULD. IF AN APPLICABLE STATUTE PROVIDES FOR AN AWARD OF ATTORNEY'S FEES, AN ARBITRATOR CAN AWARD
THEM TOO.
(I) We fully reserve the right to file small claims or other civil actions to collect on unpaid balances, including balances that contain fees for non-instructional
services and late fees.
§22) FRUGAL FIVES SM REWARDS PROGRAM
(A) We offer a rewards program called Frugal Fives SM. It is intended for group rate customers only and may be subject to additional limitations and restrictions.
(B) Eligibility:
(I) You are eligible for Frugal Fives SM after completion of your first class with five (5) or more students.
(1) You are eligible for Frugal Fives SM only if the class is billed to one company or organization.
(II) Accumulating rewards.
(1) After your first class you may refer any unique company or organization. If they complete a class with five (5) or more students you receive five percent
(5.0%) off your next class of five (5) or more. You may refer up to five (5) for a total of up to twenty-five percent (25.0%) off.
(a) The definition of unique: any company or organization that has never been referred to us.
(III) Restrictions
(1) May not be valid with other discounts or promotions.
(2) Limit two (2) discounted classes per year. Must use rewards with in two (2) years of issue date.
(3) You cannot earn more than one reward per year for combination Cardiopulmonary Resuscitation and Basic First Aid Classes.
(4) You cannot use more than one reward earned from combination Cardiopulmonary Resuscitation and Basic First Aid Classes per discounted class.
§23) ABOUT YOU AND ACCOUNT MAINTENANCE
(A) You represent that you're at least 18 years old and have the legal capacity to accept this agreement. If you're ordering for a company, you're representing that
you're authorized to bind it, and where the context requires, "you" means the company.
(B) It is your sole responsibility to ensue that we have accurate and timely contact information. You agree to notify us immediately if there are any changes in your
name, authorized contacts, address(es) telephone numbers, facsimile machine (fax) numbers, email address, URL’s, and any other contact information that we
retain on file.
(I) If you suspect an inaccuracy in any information it is your responsibility to contact us to make the necessary corrections.
By signing, scheduling, confirming or matriculating you agree that you have read, understand, and accept the Terms and Conditions
Version 2.3.2.2
You are also agreeing to the understanding that:
1) These Terms and Conditions are a means for convenience by providing you with answers to common questions.
2) These Terms and Conditions serve you the customer with the purpose of providing you with an overview of our policies and Standard
Operating Procedures that may affect you, but is not all inclusive of all of our policies and procedures.
3) This is not a contact to provide additional discounted course rates for exclusivity or additional services at lowered cost.
4) This is not a contract to provide you with service or bound you to our service for any given length of time
5) I or the organization I represent has received a copy–whether it be hard or soft–and/or have be advised how to access it through
http://www.cohstc.com
| Central Ohio Health & Safety Training Center, LLC Terms and Conditions |
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