服务条款
The below Terms and Conditions will govern the Services, including but not limited to Career Consultation Service, Personal Profile Editing Service, Networking Skill Development Service,
Interview Package and all VIP Packages, purchased under the applicable Statement of Work (“SWO”). The specific services conditions and description of the work to be performed will be set forth in each SOW executed by both Parties.
- Services
- Services provided by Easy Group Inc. (the “Services”). Easy Group will
provide the following types of Services:
- mentor-led one-on-one online/onsite career training,
- self-paced training and digital learning subscription services, and
- instructor-led small class online/onsite services.
- All one-on-one services are solely provided to the assigned customer. Other irrelevant persons are prohibited to attend sessions in any means unless exceptions are given by Easy Group.
- Course/Session Materials.
- Intellectual Property.
- Grant of Copyright Rights in the Course/Session Materials. Subject to Customer’s payment of the applicable amounts due under the applicable SOW and to Customer’s compliance with the SOW, Customer will own all copyright to the portion of the Course Materials consisting solely of personal profiles, written assignments and analyses, and other coding based materials(other than Retained Materials provided by Easy Group), prepared and delivered by Easy Group to Customer under the applicable SOW, provided that Customer will exercise its rights for Customer’s personal uses only and will not resell or distribute the Course/Session Materials to any third party.
- Grant of License Rights in the Course/Session Materials. For Easy Group Retained Materials and the portion of the Course/Session Materials that consists of scripts, code, templates, and all other materials developed by Easy Group in connection with the Services, Easy Group grants Customer a non-exclusive, non- transferrable, irrevocable (except in case of breach of this Agreement or the applicable SOW) perpetual license, without the right to sublicense, to use for Customer’s personal uses only (the “Course Materials License”). The Course Materials License does not apply to
- ii.
Customer Materials, and
(ii) any other products or items licensed, or otherwise provided, under a separate agreement.
“Easy Group Retained Materials” means (i) materials (other than products) developed or obtained by or for Easy Group and (ii) subsets or modules of the Deliverables that by themselves provide generic technical information not unique to Customer’s personal uses.
- Reservation of other Intellectual Property Rights. Each Party reserves for itself all other Intellectual Property Rights that it has not expressly granted to the other. All rights to Easy Group Retained Materials remain Easy Group’s sole property. Easy Group will not be limited in developing, using or marketing
services or products that are similar to the Deliverables (other than those portions of the Deliverables where ownership of the copyright has been granted to Customer) or the Consulting Services, or, subject to VMware’s confidentiality obligations to Customer, in using the Deliverables or performing similar Consulting Services for any other individuals or parties.
- Use of Course/Session Materials. For some sessions, Easy Group will deliver the session contents in an online video format. Customer agrees that Easy Group may limit the access to a specified time. Customers are not allowed to share, record, copy or transfer any video format course/session materials to a third party without a prior formal consent provided by Easy Group.
- Confidentiality
- “Confidential Information” means information or materials provided
by one Party (“Discloser”) to the other Party (“Recipient”) which are in tangible form and labeled “confidential” or the like, or, information which a reasonable person knew or should have known to be confidential in the circumstances.
- Recipient may use Confidential Information of Discloser: (i) to exercise its rights and perform its obligations under these Terms and Conditions and an applicable SOW; or (ii) in connection with the Parties’ ongoing business relationship. Recipient will not use any Confidential Information of Discloser for any purpose not expressly permitted by these Terms and Conditions, and will disclose the Confidential information of Discloser only to Recipient’s employees or contractors who have a “need to know” that Confidential Information for purposes of an applicable SOW and who are under a duty of confidentiality no less restrictive than Recipient’s duty under these Terms and Conditions. Recipient will protect Discloser’s Confidential Information from unauthorized use, access, or disclosure in the same manner as Recipient protects its own confidential or proprietary information of a similar nature but with no less than reasonable care.
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Recipient's obligations under Section 3(b) with respect to any of Discloser's Confidential Information will terminate if Recipient can show by written records that this information:
- was already rightfully known to Recipient at the time of disclosure by Discloser;
- was disclosed to Recipient by a third party who had the right to make the disclosure without any confidentiality restrictions;
- is, or through no fault of Recipient has become, generally available to the public; or (iv) was independently developed by Recipient without access to, or use of, Discloser's Confidential Information.
In addition, Recipient will be allowed to disclose Discloser’s Confidential information to the extent that the disclosure is required by law or by order of a court or similar judicial or administrative body, provided that Recipient notifies (to the extent permitted by law) Discloser of that required disclosure promptly
and in writing and cooperates with Discloser, at Discloser’s request and expense,
in any lawful action to contest or limit the scope of that required disclosure.
d. Permitted Disclosure. Notwithstanding anything to the contrary, neither Party
will disclose these Terms and Conditions and an applicable SOW to any third party, without a prior written consent of the other Party.
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Fees and Payment
Payment. All fees paid by Customer are non-refundable.
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Term and Termination
Term. These Terms and Conditions takes effect on the Effective Date and will
continue until terminated by the Parties or until any incomplete SOW(s) in
existence on the termination date is completed, whichever is later.
b. Termination. Easy Group may terminate Services and these Terms and
Conditions or an SWO without any formal notice to customers if one of the following events occurs: i) Non-complete payment; ii) any violation to the above Terms and Conditions mentioned in Services and Course/Session Materials sections.
Easy Group reserves the right of final interpretation for the content hereinabove.