Education Training Agreement

February 6, 2023

 

RITA CONSULTING LLC

Education Training Agreement

This Agreement, made this _______ Day of ___________ , 20____ by and between RITA CONSULTING LLC (hereinafter referred to as the “RITA CONSULTING LLC”), and __________________________________ (hereinafter the “Client”).

Whereas, Client and RITA CONSULTING LLC desire to enter into a relationship in which RITA CONSULTING LLC will provide education services.

Now, therefore, in consideration of the premises, and of the mutual promises and undertakings herein contained, the parties, intending to be legally bound, do hereby agree as follows:

  1. DEFINITIONS 

In this Agreement:

  1. “Agreement” means this Agreement, its Schedules, and other documents (save as may otherwise be varied by this Agreement);
  2. “Deadline Date” means ____________________________;
  3. “End Date” means ____________________________;
  4. “Start Date” means ____________________________; and
  5.  “Training Program” means the provisions of Exhibit A;
  1. INTERPRETATION
  1. In this Agreement, unless the context otherwise requires, any reference to:
  2. the singular includes the plural and vice versa;
  3. a person includes reference to a body corporate or other legal entity;
  4. any written law includes that law as amended or re-enacted from time to time;
  5. any Agreement or other document includes that Agreement or other document as varied or replaced by the Parties in writing from time to time;
  6. a clause is to the relevant clause of this Agreement;
  7. any Party includes that Party’s successors and assigns.

Clause headings are inserted for convenience only and shall be ignored in construing this Agreement.

The identification of certain breaches in this Agreement as being “Material” does not indicate that only those breaches are material.  

Where the Agreement provides for the giving or issue of any notice, consent, approval certificate or determination, it shall be in writing and the words notify, certify or determine shall be construed accordingly.  Routine communications relating to the performance of this Agreement may be

    1. RITA CONSULTING LLC Code of Ethics
      1. As a Professional Organizer RITA CONSULTING LLC will serve their clients with integrity, competence, and objectivity, and will treat them with respect and courtesy; RITA CONSULTING LLC will make recommendations for products and services with my client’s best interests in mind; RITA CONSULTING LLC will treat client information, both business and personal, with confidentiality, and to use proprietary information only with permission.
  • WARRANTY
    1. RITA CONSULTING LLC warrants that the Works shall be performed:
  1. by appropriately qualified and trained personnel, with due care and diligence and to such high standard of quality consistent with applicable industry standards and as it is reasonable the Client to expect in all the circumstances;
  2. in accordance with the provisions of this Agreement and such other instructions as may be given by the Client; and
  3. in accordance with all applicable laws and consents.
  1. Term and Commencement Date
    1. This Agreement and terms herein shall commence on the date of execution by both Parties. This Agreement shall be for a term beginning on the Start Date and terminating on the End Date. 
    2. Parties may agree in writing to extend the term of this Agreement.
  2. Client Responsibilities
    1. The Client shall be responsible for their own writing materials, supplies or products that may be used to complete the project.
    2. The Client shall not misuse the material and facilities of RITA CONSULTING LLC.
    3. The Client shall not cause transfer of materials provided by RITA CONSULTING LLC including but not limited to , electronic documents, email, video recordings, to any person without the express permission of RITA CONSULTING LLC. Any client in breach of this clause shall be subject to RITA CONSULTING LLC’s right to terminate this Agreement, and such Client shall be deemed to forfeit any entitlement to a refund.
  3. Payment Terms
    1. Pursuant to terms under this Clause, the Client shall pay to RITA CONSULTING LLC a service fee in the amount of $2,800.
    2. The Client shall choose to pay service fees either:
  1. Upon execution of this Agreement, which payment shall be discounted by $500 in favor of the Client; and
  2. Payment at a later date as agreed by the Parties.
  1. Methods of payment include cash, PayPal, PayPal credit, bank transfer/deposit, credit card, debit card and check.
  2. Any payment made by way of Paypal credit, shall be discounted entirely provided that the credit payment is made as a one time payment. Client is encouraged to consult https://www.paypal.com/ppcreditapply/da/us/lander for more information.
  3. The Client agrees it shall be responsible for any bank charges incurred by RITA CONSULTING LLC due to insufficient account funds. 
  4. All Checks shall be drawn in favor of RITA CONSULTING LLC and mailing to: ___________________________________________
  5. Any service fees paid in excess shall be refunded to the tune of the excess amount.
  1. Late Payment Policy:
  2. Where payments are not made by the Deadline Date, and are also not made within three (3) banking business days of the sending of a reminder notice issued by RITA CONSULTING LLC, RITA CONSULTING LLC shall be entitled to exclude the Client from participation in training until all payments due have been made. The Student shall have no entitlement to repeat training units from which he/she was excluded for this reason.
  3. Confidentiality

RITA CONSULTING LLC values the trust of its clients and, accordingly, agrees to maintain the confidentiality of all information about the client learned through the performance of services. Therefore, RITA CONSULTING LLC agrees only to release information with the consent of its clients, except as federal, state, or local law, rule, or regulation requires disclosure or release of such files or information, or if such files or information are lawfully subpoenaed. RITA CONSULTING LLC will also not divulge that Client is in fact a client, as a courtesy for Client’s privacy, unless Client gives permission. Client may, however, feel free to tell others that he or she is working with RITA CONSULTING LLC. RITA CONSULTING LLC will not be liable for data breaches caused by malicious third-party actors who circumvent the reasonable data security measures that RITA CONSULTING LLC employs.

  1. Handling Client’s Financial Property or Transactions

If Client provides a credit card, username, or passwords to RITA CONSULTING LLC, RITA CONSULTING LLC agrees to use such information only to purchase pre-approved supplies, products or services on behalf of Client, or to complete Client projects. RITA CONSULTING LLC agrees to maintain the confidentiality of Client’s credit card, user names and passwords and to destroy such information after completion of the approved transaction or project, unless Client elects to permit RITA CONSULTING LLC to keep such information on file for future transactions.

  1. Parameters of Relationship
    1. RITA CONSULTING LLC is not qualified to provide legal, tax, accounting or financial advice, and the information provided to you by RITA CONSULTING LLC is not intended as such. Client should refer all legal, tax, accounting, and financially related inquiries to appropriately qualified professionals. RITA CONSULTING LLC is unqualified to give you specific advice about the planning of your estate, and advises that it would be prudent to review any digital estate plan with your executor, accountant, lawyer, estate planner, or other professional involved in the disposition of your estate.
    2. RITA CONSULTING LLC may provide advice on matters related to its scope of work; it is at the client’s discretion whether or not to follow such advisement. RITA CONSULTING LLC will not be liable for actions the client chooses to take or not take subsequent to such advice.
    3. RITA CONSULTING LLC does not guarantee the success of the Client.
  2. Independent Contractor

The parties acknowledge and agree that RITA CONSULTING LLC shall be an independent contractor pursuant to this Agreement. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment, or fiduciary relationship between the parties. Neither party, by virtue of this Agreement, will have any right, power, or authority to act or create an obligation, express or implied, on behalf of the other party.

    1. Non-assignability
    2. This is a contract for personal services under which applicable law excuses RITA CONSULTING LLC from rendering performance to the Client within the meaning of 11 USC §§ 365(c)(1) and 365(e)(2)(A).
  • Curriculum Materials and License
    1. Client understands and agrees that RITA CONSULTING LLC IS the sole owner of the curriculum and all materials used for the training Program and provided to Client relating to the Training Program, including all intellectual property rights therein (collectively “RITA CONSULTING LLC Materials”). 
    2. The RITA CONSULTING LLC Materials include, but are not limited to, all instructional materials that are part of the Training Program, including all electronic downloads, presentation files, instructor materials, Client materials, online content, visual aids, videos, Client handouts, support materials, and other educational curriculum items.
    3. RITA CONSULTING LLC grants Client a non-exclusive, revocable license to use the RITA CONSULTING LLC Materials for academic, non-commercial purposes only related to Client’s participation in the Training Program and only while enrolled in the training Program. 
    4. Client acknowledges that the RITA CONSULTING LLC Materials are confidential and proprietary to RITA CONSULTING LLC. Accordingly, Client agrees that he/she Wil not, either during or after the term of this Agreement, disclose them to any third party except to other RITA CONSULTING LLC Clients during the Training Program. Client shall not copy or distribute, nor permit a third party to copy or distribute, the RITA CONSULTING LLC Materials during or after the term of this Agreement. At the end of the Training Program or upon termination of this license or the Agreement, Client will return all RITA CONSULTING LLC Materials to RITA CONSULTING LLC.
  1. Termination and Cancellation of Agreement
    1. RITA CONSULTING LLC reserves the right to terminate this contract at any time.
    2. This Agreement shall be effective on the date signed and shall continue until the earlier of the following:
  1. Automatic termination on the End Date;
  2. Terminated by either party in writing; or 
  3. in the case of unused Package Services, after one year from the date of the Package Service purchase. 
  1. If the Client terminates this Agreement for any reason before the scheduled completion date, the Client will reimburse RITA CONSULTING LLC for all outstanding payments and out-of-pocket expenses.
  2. Either Party may Cancel this Agreement by giving the other party written notice.
  3. Upon cancellation of this Agreement, RITA CONSULTING LLC shall perform the following.
  1. If Cancellation occurs prior to the Start Date and within 1 weeks from the Start Date, the Client shall be entitled to a full refund of the service fee.
  2. If Cancellation occurs within 5 weeks from the Start Date, the Client shall be entitled to a refund of 80% of the service fee. 
  3. If Cancellation occurs between 5 weeks to 7 weeks from the Start Date, the Client is entitled to a refund of 50% of the service fee.
  4. Any cancellation past the 7th week from the Start Date will not be entitled to a refund.
    1. Entire Agreement
    2. This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written.
    3. Severability
    4. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. 
    5. Governing State Law 
    6. The laws of the State of Georgia shall govern this Agreement, and the parties agree that if a dispute should arise, they will make best efforts to settle the matter amicably without resort to legal action. If the parties do not reach settlement, they will submit the matter to a mediator or arbitrator for alternative dispute resolution. As a last resort, the parties agree that if court intervention is necessary, the venue selected will be in the state of Georgia.
  • Variation to The Agreement 

All changes to this Agreement shall be reduced to writing and executed by both Parties.

  • Dispute Resolution (Mediation)
    1. The Client and RITA CONSULTING LLC agree that prior to any dispute being submitted to a court of competent jurisdiction, any and all disputes between the parties arising out of this Agreement shall be submitted to mediation proceedings conducted by a mediator certified by the Executive Board of The Georgian Association of Mediators. Mediation shall be conducted in the State of Georgia, at a venue to be selected by RITA CONSULTING LLC. The costs and expenses of mediation, other than the attorney’s fees incurred by the parties, shall be shared equally by the participating parties. If the parties cannot agree upon a mediator, then a mediator will be selected by RITA CONSULTING LLC. 
    2. Pending final settlement or determination of a dispute, the Parties shall continue to perform their subsisting obligation hereunder.


  • FORCE MAJEURE
  • Definition of Force Majeure

For the purposes of this Agreement, “Force Majeure” means an event which could not reasonably have been avoided by a diligent party in the circumstances, which is beyond the reasonable control of a party and which makes a party’s performance of its responsibilities hereunder impossible or so impractical as reasonably to be considered impossible in the circumstances and includes, but is not limited to, war, riots, civil disorder, earthquake, storm, flood or adverse weather conditions, strikes, lockouts or other industrial action, terrorist acts, confiscation or any other action by government agencies.

  • Negligence and intentional acts

Force Majeure shall not include any event which is caused by the negligence or intentional action of a Party or such Party’s subservice Providers or agents or employees, or by a failure to observe good professional practice. 

  • Financial constraints

Force Majeure shall not include insufficiency of funds or failure to make any payment required hereunder.

  • Performance excused

The failure of a Party to fulfil any of its obligations hereunder shall not be considered to be a breach of, or default under, this Agreement insofar as such inability arises from an event of Force Majeure, provided that the Party affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures, all with the objective of carrying out the terms of this Agreement.

  • Duty to mitigate

A Party affected by an event of Force Majeure shall take all reasonable measures to remove such Party’s inability to fulfil its obligations hereunder with a minimum of delay.  The Parties shall take all reasonable measures to minimise the consequence of any event of Force Majeure.

  • Notification

A Party affected by an event of Force Majeure shall notify in writing the other Party of such event as soon as possible, and in any event not later than five (5) days following the occurrence of such event, providing evidence of the nature and cause of such event, and shall similarly give notice of the restoration of normal conditions as soon as possible.

  • Consultation

Not later than fourteen (14) days after Service Provider, as a result of an event of Force Majeure, has become unable to discharge a material portion of its obligations, the Parties shall consult with each other with a view to agreeing on appropriate measures to be taken in the circumstances.

IN WITNESS WHEREOF, this Agreement is duly executed by the duly authorized representatives of the parties as set forth below:

RITA CONSULTING LLC

By: /s/ ____________

Name:

Tittle:

 

CLIENT

By: /s/ __________

Name: 

Date: 

EXHIBIT A

SCOPE OF WORKS

RITA CONSULTING LLC provides an intensive, 12-week training program to student in various skills related to building data science applications (hereafter referred to as “Training Program”). At the end of the Training Program Student will also be provided with an optional opportunity to work on a practical project of their choosing for a period or 6 weeks at the above address. 

As a prerequisite to admission into the Training Program, RITA CONSULTING LLC requires an assessment of the Student. The prerequisite to admission requires Student to spend approximately 40-60 hours of study/work time online prior to the assessment. Thereafter, the assessment itself consists of several exercises and lasts approximately 4-5 hours. The assessment provides student and RITA CONSULTING LLC the opportunity to determine if the Training Program is a good fit for all concerned. The findings of the assessment are discussed between Student and RITA CONSULTING LLC. The assessment does not guarantee admission into the Training Program.

If the assessment as described above (under Prerequisite) does not quality Client for the Training Program, this Agreement will be terminated, and Client will be provided with a tuition refund. In contrast, the registration fee will not be refunded as the registration the is payable in exchange for the provision of online facilities for work performed prior to the assessment, the assessment itself, and the registration. 

 

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