Terms and Conditions:
TransAmerica Training Management, Inc. is an Oracle Partner, Oracle Authorized Education Center, and Oracle University Authorized Reseller. TransAmerica Training Management, Inc. adheres 100% to Oracle University Terms and Policies. Oracle University Terms and Policies apply to customers purchasing Oracle products and services through TransAmerica Training Management, Inc. In that regard, this quote is subject to and incorporates the terms and conditions of the Oracle Master Agreement and applicable schedules (“OMA”) or other existing agreement between Oracle and you, or, if no such agreement exists, to accepting OMA or Cloud Services Agreement ("CSA") drafted by Oracle University.
Ordering/Registration Options: TAM Training accepts orders for products and student registrations for Learning Subscriptions and/or Live Virtual Class services via our web site at www.tamtraining.com or via the phone. You can contact your Education Sales representative's at our phone number at contact us page.
Payment Options: Prepayment is required for all commercial customers. Public Sector and Higher Education Customers: LVCs/ILTs are invoiced upon delivery, and paid in accordance with purchase order payment terms. Learning Subscriptions are invoiced when the order is placed, and the activation email is sent. Payment is due in accordance to the PO payment terms.
Confirmation Process: Enrollments for Live Virtual Class events are not confirmed until complete payment information is received per the directions in the Order Placed Letter. Oracle will send you an Enrollment Confirmation email once your enrollment is confirmed in a Live Virtual Class. Learning Subscription activation key will be emailed within 2 weeks of order being placed.
Product Orders: Once you place an order, the payment obligation is non-cancelable and the sum paid is nonrefundable (except as otherwise specified in this agreement). If you do not receive your activation links within 3 weeks of placing your order, please call your TAM Training representative. TAM Training relies upon the accuracy of the information you provide and is unable to provide refunds or reissue invoices in connection with incorrect submissions.
Fees, Taxes and Invoices: All fees payable to TAM Training are due upon receipt or within 30 days from the invoice date, or as otherwise stated in your order. You agree to pay any sales, value-added or other similar taxes imposed by applicable law that TAM Training must pay based on the products and/or services you ordered, except for taxes based on TAM Training’s income. Also, you will reimburse TAM Training for reasonable expenses related to providing the services. Notwithstanding the preceding sentence, expenses for private/onsite classes shall be charged on a per diem basis as specified at the time of your sales quote. Fees for services listed in your order, located on our web site at https://www.tamtraining.com or quoted via the phone, are exclusive of taxes and expenses.
You will be charged using the current pricing in effect at the time of your confirmed order placement. Pricing is only guaranteed if you have a written quote from TAM Training. For orders placed against a quote from TAM Training, you must accept the quote and provide a valid commitment to pay within the quote validity period.
Commercial Customers are required to pre-pay. Public Sector customers will be charged or invoiced when TAM Training products are shipped, distributed electronically or otherwise made available to you for download as noted herein. You will be charged or invoiced for LVC/ILT events after class attendance.
Rights Granted: Upon TAM Training acceptance of your order, you have the non-exclusive, non-assignable, royalty-free, perpetual (unless otherwise specified) limited right to use the products you ordered solely for your internal business operations, and subject to the terms of this agreement, including the definitions and rules set forth in your order and any applicable program documentation. Any materials that TAM Training provides to you in a class may be used solely by the students participating in that class for the purpose of taking the class.
Ownership and Restrictions: TAM Training is an Oracle University reseller and Oracle retains all ownership and intellectual property rights to the products and anything developed by Oracle and delivered to you under your order resulting from the services. You may make a sufficient number of copies of each program for your licensed use and one copy of each program media.
Third party technology that may be appropriate or necessary for use with some Oracle programs is specified in the program documentation. Such third party technology is licensed to you under the terms of the third party technology license agreement specified in the program documentation and not under the terms of this agreement.
You may not:
* remove or modify any program markings or any notice of Oracle’s or its licensors’ proprietary rights;
* make the products or materials resulting from the services available in any manner to any third party for use in the third party’s business operations (unless such access is expressly permitted for the specific program license or materials from the services you have acquired);
* cause or permit reverse engineering (unless required by law for interoperability), disassembly or decompilation of the products (the foregoing prohibition includes but is not limited to review of data structures of similar materials produced by the products);
* disclose results of any program benchmark tests without Oracle’s prior written consent; or
* disclose any product information or any materials that Oracle provides to you in a class for a period of three years from the date of disclosure.
Warranty: THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". TO THE EXTENT NOT PROHIBITED BY LAW, TAM Training DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Further, TAM Training may provide information to your employer (as identified by you and/or as evidenced by your use of your employer’s email domain), regarding your TAM Training class registration and attendance history, your Oracle Certification Program exam performance and/or Oracle Certification Designation status (including information regarding any revocation by Oracle of your Certification Designation), and your Learning Subscription history.
You agree that TAM Training may engage TAM Training affiliates and third party subcontractors to assist in delivering the products and services.
Other: You agree that this agreement and the information which is incorporated into this agreement by written reference (including reference to information contained in a URL or referenced policy), together with the applicable order, are the complete agreement for the products and/or services ordered by you, and that this agreement supersedes all prior or contemporaneous agreements or representations, written or oral, regarding such products and/or services. If any term of this agreement is found to be invalid or unenforceable, the remaining provisions will remain effective. It is expressly agreed that the terms of this agreement and any TAM Training ordering document shall supersede the terms in any purchase order or other non- TAM Training ordering document and no terms included in any such purchase order or other non- TAM Training ordering document shall apply to the products and/or services ordered. This agreement and ordering documents may not be modified and the rights and restrictions may not be altered or waived except in a writing signed or accepted by authorized representatives of you and of TAM Training. Any notice required under this agreement shall be provided to the other party in writing.
You may not assign this agreement or give or transfer the products and/or any services or an interest in them to another individual or entity. If you grant a security interest in the products and/or any services deliverables, the secured party has no right to use or transfer the products and/or any services deliverables.
Except for actions for nonpayment or breach of Oracle’s proprietary rights, no action, regardless of form, arising out of or relating to this agreement may be brought by either party more than two years after the cause of action has accrued.
TAM Training may allow Oracle to audit your use of the products and services (e.g., through the use of software tools) to assess whether your use of the products and services is in accordance with this agreement and your order. You agree to cooperate with Oracle’s audit and provide reasonable assistance and access to information. Any such audit shall not unreasonably interfere with your normal business operations. You agree to pay within 30 days of written notification any fees applicable to your use of the products or services in excess of your license rights. If you do not pay, TAM Training and Oracle can end your use of the products and services and/or this agreement and your order. You agree that TAM Training and Oracle shall not be responsible for any of your costs incurred in cooperating with the audit.
You agree to the following, and in the event any of your employees register to take an TAM Training class under your order, you will inform them that they will be required to agree to the following in order to participate in the class:
In consideration for being granted access to the TAM Training class location (the “Premises”), you hereby waive any and all claims against TAM Training and the owners of the Premises (if TAM Training is not the owner), and their officers, directors, employees and agents (the “Released Parties”) for loss, theft, destruction or damage to any property, including without limitation the business or personal property of your or your employees, agents, guests, invitees or representatives, in, on, or about the Premises, and for injuries to you or your employees, agents, guests, invitees or representatives, in, on, or about the Premises. The Released Parties shall bear no responsibility for the safety of your or your employees, agents, guests, invitees or representatives or their business or personal property while in, on, or about the Premises. This paragraph does not apply to any damages directly caused by the Released Parties’ gross negligence or intentional misconduct.
ORACLE UNIVERSITY INSTRUCTOR-LED TRAINING (ILT) AND LIVE VIRTUAL CLASSROOM (LVC):
Live Virtual Class (LVC): Live Virtual Class (LVC) is exclusively for registered students; unregistered individuals may not view an LVC at any time. Registered students must view the class from the country listed in the registration form. Unauthorized recording, copying, or transmission of LVC content is strictly prohibited. You are responsible for meeting the minimum system requirements to attend an LVC.
Class Cancellation/Rescheduling Policy: TAM Training may cancel or reschedule a class at its discretion, and if it does, will use reasonable efforts to notify you at least one week in advance. You will not be charged for the TAM Training cancellation or rescheduling.
TAM Training is not liable for travel or accommodation costs incurred by students in the event that TAM Training cancels or reschedules an event.
Please notify us as soon as possible of any changes in your scheduled training. Cancel and reschedule requests must be received by TAM Training in email or other written communication.
|Public/Private Scheduled Live Virtual and Instructor Led Training Events *|
|If you...||TAM Training will assess…|
|cancel your class 14 or more calendar days before the scheduled start date of the class||no charge|
|reschedule your class 7-13 calendar days prior to the class start day
cancel your class 7-13 calendar days prior to the class start date
|50% of the class fee
50% of the class fee
|cancel your class 1-6 calendar days prior to the class start date, same date of the class or do not show up for the class||100% of the class fee|
|Oracle Testing Center (OTC) Exam|
|If you...||Oracle will assess...|
|cancel or reschedule your exam registration 7 or more calendar days prior to the scheduled exam date||no charge|
|reschedule your exam registration 1 to 6 calendar days before the scheduled exam date||no charge|
|cancel your exam registration 1- 6 calendar days prior to the scheduled exam date; cancel on the day of the exam; or do not show up for your exam||100% of the exam fee or will invalidate your OCP voucher if your payment method is OCP Voucher|
* Notwithstanding anything to the contrary above, once you have activated the Event Learning Subscription for your Oracle Course, the class fee becomes fully payable and non-refundable and TAM Training will assess 100% of the class fee.
International ILT Registrations: Students are responsible for ensuring they have all correct travel documentation (e.g., visas) in place prior to confirming attendance for a class.
ILT Classroom Environment: Participants are requested to sign in 15 minutes before the start of class on the first day. Business casual attire is appropriate. Course materials and equipment are provided by TAM Training. TAM Training classes are conducted with a team learning methodology. Participants should come to class prepared to enhance the learning experience by discussing course topics with a lab partner. Unauthorized recording, copying, or transmission of training content is strictly prohibited. Except as otherwise agreed by TAM Training in writing, attendance at private Instructor-Led classes is restricted to employees and staff of your company or organization.
Student Kit Materials: Student Kit Materials (eKits) are integrated in the course learning subscription activation key and are non-downloadable. As part of the registration process, you are required to provide an e-mail address so that TAM Training may send you a secure password required for the access of the eKit Student materials. Students have a period of 90 days from the day they receive their course activation notification email to access and view their eKit.
Reproduction or distribution to a third party of Student Kit Materials is strictly prohibited. Hard-copy Student Kit Materials are not provided in the classroom. Student Kit Materials are only provided on a “read-only” (non-downloadable) basis to the extent they are offered as part of a Cloud Learning Subscription, Partner Learning Subscription and/or Unlimited Learning Subscription.
As noted in the Class Canceling/Rescheduling Policy above, class fees (including Learning Subscription fees) are fully payable and non-refundable once you have activated the course materials (regardless of how far in advance of the class date you undertake the download).
Students unable to attend a confirmed class due to unforeseen reasons and who have paid the 100% cancellation fee per the terms of the Class Cancellation Policy may request access to the course materials used in conjunction with the class. Students must make this request to their TAM Training sales representative within 30 days of the originally scheduled class. The access to the digital course and materials will be available for 30 days.
TAM TRAINING ADHERES TO THE FOLLOWING: ADDITIONAL TERMS APPLICABLE TO OTHER ORACLE UNIVERSITY PRODUCTS AND SERVICES:
Oracle Learning Subscription (OLS): includes one or more of the following items as listed in the applicable order and defined in more detail below.
During the term of your OLS subscription, you will receive the following notifications from Oracle University:
- New Content Notification -- Updates on newly-available content, including a listing of all new videos posted to the OLS service. This will be a single email to all OLS users on a monthly basis.
- Live Events Notification – A bi-weekly email to all OLS users with a schedule of live online classes launched for the OLS service. Certain live online content may be included in your subscription (depending on the subscription purchased).
- Skills/Points Notification -- A monthly, personalized email to each OLS user showing his or her skills achieved and points obtained to date.
- System Notifications -- To communicate any downtime and/or system outages on a proactive basis.
Product Learning Subscriptions are specialty subscriptions that include:
Unlimited Product Learning Subscription (UPLS) :is defined as a collection of web based learning materials, including video content and services focused on Oracle product implementation and use for users and may include content via Training on Demand (TOD) titles. Content will be presented by various individuals, including Oracle architects, support engineers, consultants, instructors and other instructors. UPLS is available at education.oracle.com and is made available to you subject to the terms of your order, this agreement and Oracle University's Online Hosting Access Policies, which are located at https://education.oracle.com/hosting-policy and may be updated by Oracle from time to time without notice to you. UPLS is made available on a named user basis, for a one year term from the effective date of your order; therefore, unauthorized individuals may not view UPLS content at any time. You are responsible for meeting the minimum system requirements to order the UPLS offerings. UPLS orders are non-cancelable and non-refundable. In the event that any Oracle programs are made available for download as part of the service, then use of such programs is subject to the terms of this agreement.
Cloud Learning Subscription: is defined as a collection of web based learning materials, including video content and services focused on cloud implementation for cloud users and/or end users, may be purchased in an unlimited format, and may include content via Training on Demand (TOD) titles. Content will be presented by various individuals, including Oracle architects, support engineers, consultants, instructors and other instructors. UCLS is available at http://education.oracle.com/cloud and is made available to you subject to the terms of your order, this agreement and Oracle University's Online Hosting Access Policies, which are located at https://education.oracle.com/hosting-policy and may be updated by Oracle from time to time without notice to you. UCLS is made available on a named user basis, for a one year term from the effective date of your order; therefore, unauthorized individuals may not view UCLS content at any time. You are responsible for meeting the minimum system requirements to order the UCLS offerings. UCLS orders are non-cancelable and non-refundable. In the event that any Oracle programs are made available for download as part of the service, then use of such programs is subject to the terms of this agreement.
Oracle University Marketing Cloud Education – Education Pass The Education Pass is defined as a collection of web based learning materials, video content (OnDemand) and Live Virtual Classes (LVC), focused on Oracle's Marketing Cloud community. Two types of Education Pass are available: 1) LVC + Digital Education Pass, which provides access to all digital content and LVC courses and 2) Digital Only Education Pass, which provides access to all digital content. Content will be presented by various instructors. Courses for this Pass are available within the Oracle University Marketing Cloud Training Portal at https://oracle.learn.taleo.net/mcacademy and access is made available to assigned pass holders subject to the terms of your order and the Agreement. All LVC courses associated with this Pass must be taken during the term of the Pass subscription and access is subject to the following additional terms:
Entitles a single hosted named user to attend courses which, depending on Pass type, may include publicly scheduled Instructor-Led Live Virtual Courses (LVC), OnDemand and web-based training for the applicable service term specified with the Pass.
The total length of access to training will not exceed the Pass subscription term.
For the LVC + Digital Education Pass, each hosted named user may attend each LVC course included with this Pass once during the subscription term. Users have unlimited access during the subscription term to any OnDemand and web-based training courses included with this Pass.
Eligible students must enroll for LVC sessions via the Oracle University Marketing Cloud Training Portal.
Oracle will schedule LVC courses based on overall customer demand.
Hosted named users must register for, and attend, courses within the subscription term.
Hosted named users may cancel course attendance via the Oracle University Marketing Cloud Training Portal up to 24 hours prior to the start of the course.
Hosted named users must request cancellations less than 24 hours prior to the start of the course via the Oracle University Marketing Cloud Help Desk. Failing to provide notice of absence will result in “no show” status for the course.
This Pass will be suspended for any hosted named user with two (2) “no shows” until the hosted named user has contacted the Oracle University Marketing Cloud Help Desk for Pass reinstatement.
Classes may not be recorded or shared in any manner.
An unused Pass is transferable for the remaining balance of the subscription period.
A Pass may only be transferred if:
- The Pass is a multi-year subscription and the original hosted named user has left the employment of the applicable organization;
- The transfer is effective upon an anniversary of the multi-year Pass activation date and there is at least one (1) annual Pass subscription period remaining.
Except as expressly permitted by Oracle above, a Pass may not be shared or distributed to third parties. Unauthorized Pass sharing will result in revocation.
WDP Learning Subscriptionis a collection of web based learning materials, including video content and services focused on Oracle's Workforce Development Program (WDP) community and includes content via Training on Demand (TOD) titles. Content will be presented by various individuals, including Oracle architects, support engineers, consultants, instructors and other instructors. WDP Learning Subscription is available at https://education.oracle.com/hosting-policy and may be updated by Oracle from time to time without notice to you. WDP Subscription is only available for sale to WDP partners with active agreements for distribution to WDP students. WDP Learning Subscription is made available on a named user basis for a six month term from the effective date of your order; therefore, unauthorized individuals may not view WDP Learning Subscription content at any time. You are responsible for meeting the minimum system requirements to order the WDP Learning Subscription offerings. WDP Learning Subscription orders are non-cancelable and non-refundable. In the event that any Oracle programs are made available for download as part of the service, then use of such programs is subject to the terms of this agreement.
All Learning Subscriptions and TOD are subject to the following Reasonable Use and Security terms:
Reasonable Use: Training On Demand Lab access is available for six (6) consecutive days (from Monday – Saturday). A single named user may only access one (1) lab environment at a given time. Oracle reserves the right to restrict your access in the event that your concurrent use exceeds reasonable limits and degrades the service offering. You may access your subscription by contacting your Oracle University Sales Representative.
You acknowledge that Oracle’s ability to provide your subscription access depends upon your fulfillment of the following obligations:
- Provide voice-over-IP (VOIP) capability, if required.
- Maintain the properly configured hardware/operating system platform to support the services.
- Obtain licenses under separate contract for any necessary Oracle programs before the commencement of services
- Maintain annual technical support for the Oracle programs under separate contract throughout the term of the services.
- Identify all named users at the time that the subscription is activated, as applicable.
- Subscriptions are exclusively for specific named users and employees employed by you; and others may not view such content.
- A Subscription offering must be viewed from the country from which it was activated.
- Unauthorized recording, copying, or transmission of such content is strictly prohibited.
Oracle may update, remove or modify certain OLS, TOD, ULS and CLS materials from time to time at its discretion.
Oracle University Knowledge Center (OUKC) Service: is a web-based learning environment hosted by Oracle that provides on demand access to either an individual Oracle University training course (“Online Course”) or to all (or limited content subsets) of the Oracle University training courses available on the Knowledge Center website (“Passport”). This offering currently has limited availability.
TAM TRAINING ADHERES TO THE FOLLOWING: ADDITIONAL TERMS APPLICABLE TO THE ORACLE CERTIFICATION PROGRAM (OCP):
Oracle Certification Practice Exams: Oracle has made a limited number of practice exams available to help candidates prepare for the associated exams. After purchasing a practice exam, you will receive an activation key code via email that will provide instructions for setting up your account and using the activation key code, as well as support information. Upon purchase, candidates receive 30-day or 6-month access to one of the available practice exams on a named user basis (depending upon which access period is purchased). Such named user licenses are not transferable. These practice exams are for practice only and DO NOT result in any certification.
Oracle Certification Exam Vouchers: Oracle Certification Program Exam Vouchers are purchased in advance as future payment for a specific Oracle Certification exam registration. At the time of exam registration, the OCP Exam Voucher value is applied to the exam fee as payment to Oracle's authorized testing vendor.
OCP Exam Vouchers: (i) may be used by one person, one time, for one exam discount/fee and only in the country of Oracle Certification Exam Voucher purchase; (ii) are not valid after the expiration date; (iii) become void if altered or revised in any way; (iv) may not be canceled or redeemed for cash, credit or refund; and (v) may be used only by the purchaser, except as permitted by a valid Oracle reseller agreement. Neither Oracle’s authorized testing vendors nor Oracle’s partners are responsible for lost or stolen vouchers. Exam registrations paid for with an OCP Exam Voucher must be completed before the voucher expiration date. Expired Oracle Certification Exam Vouchers have no value and will not be extended.
Oracle University and Oracle University authorized resellers may sell OCP Exam Vouchers. Oracle and Pearson VUE, its test delivery partner, do not guarantee the authenticity of vouchers that are obtained from any individuals or entities other than Oracle or Oracle authorized resellers. Individuals who acquire and use counterfeit vouchers and/or certification vouchers obtained from an unauthorized source may be subject to program sanctions at the discretion of Oracle, including a lifetime ban on taking all future exams and the nullification of all previous exam results and certifications. Oracle will not compensate candidates for counterfeit vouchers or vouchers obtained from an unauthorized source.
OU Certification Retake Exam Voucher: A Retake Exam Voucher can be redeemed for the first attempt at a certification exam. If the candidate does not pass on the first attempt, this voucher can also be used for one retake of the same exam. The voucher can only be used for one retake of the same exam and only if the candidate did not pass the first attempt. Candidates may not retake a passed exam. When taking the exam, the candidate must acknowledge and accept the privacy statement that appears prior to the exam. Otherwise, the exam will be forfeited and Oracle will not provide a replacement voucher to the candidate. A Retake Exam Voucher is valid until the stated expiration date only and cannot be extended. Both exam attempts must be completed prior to the stated expiration date. The Voucher may only be used by a single person on one attempt plus a retake of the same exam in the event the first attempt was not successful. A Retake Exam Voucher is non-refundable and cannot be canceled or redeemed for cash or credit. PearsonVue, Authorized PearsonVue Testing Centers, Oracle and its partners are not responsible for a Retake Exam Voucher that is lost or stolen. The Retake Exam Voucher is void if altered or revised in any way and may only be used by the purchaser(except as permitted by a valid Oracle reseller agreement).
Oracle Certified Master (OCM) Exam: The OCM exam is a rigorous exam intended for experienced and qualified candidates only. Candidates agree to thoroughly review the exam qualifications and requirements posted on the Certification website before attempting to complete an OCM level exam.
OCM exam events are completed over 1 day of testing for upgrade exams and 2 days of testing for the full exam. Candidates must score at a minimum threshold upon the completion of day 1 in order to attend and complete day 2 of testing. Candidates will be notified at the end of day 1 if they have not reached the scoring minimum to return for day 2. OCM exam fees are non refundable and candidates are not provided a refund if they do not qualify for day 2 of testing.
The exam is conducted in a dedicated Oracle University classroom environment and administered to ensure fairness and security. An Oracle proctor facilitates the event by delivering skillsets and adhering to specific skillset time frames. The proctor does not score the exam and does not have access to scoring information.
All skillsets have time limitations that require participants to employ best practices in order to successfully complete assigned tasks. Each skillset explicitly describes the required end state that participants must achieve.
Participants are not allowed to use personal documentation or notes during the OCM exam, nor will they be permitted to collaborate with other participants. Cell phones, pagers, PDAs, and similar electronics will not be allowed in the OCM classroom. Participants may use the notepad on their desktop to keep notes during the OCM exam. Participants must agree to the same guidelines that apply to all Oracle Certification candidates. These guidelines can be found in the Oracle Certification Program Candidate Agreement. Divulging OCM exam content is a violation of Oracle's Fraudulent Activity Policy and may result in the revocation of an individual's OCP and OCM credentials.
Oracle Certification Program Fraudulent Activity Policy: Oracle reserves the right to take action against any candidate involved in fraudulent activities, including, but not limited to, fraudulent use of vouchers, promotional codes, reselling exam discounts and vouchers, cheating on an exam, alteration of score reports, alteration of completion certificates, violation of exam retake policies or other activities deemed fraudulent by Oracle.
Oracle considers any contributions to, use of, or sharing of materials pertaining to Oracle certification exams (or "brain dumps") to be a violation of this Fraudulent Activity Policy. Candidates can check if the materials they are purchasing are prohibited brain dumps by visiting CertGuard's Brain Dump ID System at http://www.certguard.com/search.asp. It is the responsibility of the candidate to ensure that all materials they purchase or use to prepare for exams are not violations of this Fraudulent Activity Policy.
If Oracle determines, in its sole discretion, that fraudulent activity has taken place, it reserves the right to take action up to and including, but not limited to, decertification of a candidate's credentials, temporary, indefinite or permanent ban of a candidate from Oracle certification programs, notification to a candidate's employer, and notification to law enforcement agencies. Candidates found committing fraudulent activities forfeit all fees previously paid to Oracle, or to Oracle's authorized vendors, and may be required to pay additional fees for services rendered.