TERMS OF SERVICE
Effective Date: November 30th 2024
1. Introduction
Welcome to Belstech ("Belstech," "we," "us," or "our"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "user") and Belstech governing your access to and use of our website (www.belstech.com), online learning platform, IT training courses, services, and any related content, features, and functionalities (collectively, the "Services").
By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.
2. Definitions
"Content" refers to any information, materials, documents, data, software, applications, code, designs, graphics, images, audio, video, text, and other content made available through the Services.
"Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.
"Third-Party Content" means Content that originates from parties other than Belstech or its users, which may be made available through the Services.
"User Content" means any Content submitted, posted, uploaded, or otherwise shared by users on the Services.
3. Account Registration and Use
3.1. Eligibility: You must be at least 18 years old or the age of majority in your jurisdiction to create an account and use the Services. By creating an account, you represent and warrant that you meet the eligibility requirements and have the legal capacity to enter into these Terms.
3.2. Account Creation: You may be required to create an account to access certain features of the Services. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access or use of your account.
3.3. Account Accuracy: You agree to provide accurate and complete information when creating an account and to keep your account information updated. We reserve the right to suspend or terminate your account if any information provided is found to be false, inaccurate, or misleading.
4. Use of Services
4.1. License Grant: Subject to your compliance with these Terms, Belstech grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial purposes.
4.2. Prohibited Conduct: You agree not to:
Use the Services for any illegal, unauthorized, or fraudulent purpose.
Violate any applicable laws or regulations.
Infringe upon the Intellectual Property Rights of Belstech or any third party.
Interfere with or disrupt the integrity or performance of the Services.
Attempt to gain unauthorized access to the Services or any related systems or networks.
Use any automated means, including robots, spiders, or scrapers, to access or collect data from the Services.
Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity.
Upload, post, transmit, or otherwise make available any Content that is harmful, offensive, defamatory, or otherwise objectionable.
Engage in any activity that could damage, disable, overburden, or impair the Services or interfere with any other party's use of the Services.
4.3. User Content: You are solely responsible for any User Content you upload, post, transmit, or otherwise make available through the Services. You represent and warrant that you have all necessary rights to grant the licenses and sublicenses described herein and that your User Content does not violate these Terms or any applicable laws or regulations.
4.4. License to User Content: By submitting User Content, you grant Belstech a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, modify, adapt, publicly perform, publicly display, and create derivative works of the User Content in connection with the Services and our business.
4.5. Monitoring and Removal: We reserve the right, but are not obligated, to monitor User Content and to remove or disable access to any User Content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable.
5. Intellectual Property
5.1. Ownership: The Services and all Content, including but not limited to text, graphics, logos, images, audio clips, video clips, software, and code, are the property of Belstech or its licensors and are protected by copyright, trademark, and other Intellectual Property Rights laws.
5.2. Limited License: Except as expressly provided in these Terms, you are not granted any rights to use, copy, reproduce, distribute, modify, adapt, publicly perform, publicly display, or create derivative works of the Services or any Content.
6. Third-Party Content and Links
6.1. Third-Party Content: The Services may contain Third-Party Content, which is provided for your convenience and information only. We do not endorse or control Third-Party Content and are not responsible for its accuracy, completeness, or legality.
6.2. Third-Party Links: The Services may contain links to third-party websites or services. We are not responsible for the content, privacy policies, or practices of any third-party websites or services. We encourage you to review the terms and policies of any third-party websites or services that you visit.
7. Privacy Policy
7.1. Integration and Scope: Your use of the Services, including but not limited to your registration, account management, course enrollment, participation in online forums, and submission of User Content, is subject to Belstech's Privacy Policy, which is hereby incorporated by reference into these Terms of Service. The Privacy Policy provides detailed information regarding the collection, use, disclosure, protection, and management of your personal information.
7.2. Data Collection and Usage: The Privacy Policy meticulously outlines the types of personal information we collect, including but not limited to your name, contact details, payment information, usage data, and educational records. It further elaborates on how we use this information to provide, maintain, improve, and personalize the Services, communicate with you, and comply with legal obligations.
7.3. Data Protection Measures: Belstech employs robust technical and organizational measures to safeguard your personal information against unauthorized access, disclosure, alteration, and destruction. These measures include encryption, secure server infrastructure, access controls, and regular security audits. The Privacy Policy provides detailed information about these security measures.
7.4. Data Sharing and Disclosure: We may share your personal information with third-party service providers, educational partners, legal authorities, and other parties as described in the Privacy Policy. The policy also details the circumstances under which we may disclose your information, including for legal compliance, business transfers, and marketing purposes.
7.5. User Rights and Choices: The Privacy Policy explains your rights regarding your personal information, including the right to access, rectify, erase, restrict, and port your data. It also outlines your choices regarding data collection, usage, and sharing, including the ability to opt out of certain marketing communications and data processing activities.
7.6. Updates to Privacy Policy: Belstech reserves the right to update or modify the Privacy Policy from time to time to reflect changes in our practices, legal requirements, or technological advancements. We will provide notice of any material changes as described in the policy. Your continued use of the Services after such changes constitutes your acceptance of the updated Privacy Policy.
8. Refund Policy
8.1. General No-Refund Policy: Belstech maintains a strict no-refund policy for all Services, including but not limited to course enrollments, IT solutions, and other offerings, unless explicitly stated otherwise in a separate written agreement or specific promotional materials.
8.2. Exceptional Circumstances: In exceptional circumstances, Belstech may, at its sole and absolute discretion, consider refund requests. Such circumstances may include, but are not limited to, documented medical emergencies, unforeseen technical failures that prevent access to the Services, or significant misrepresentations by Belstech regarding the Services.
8.3. Refund Request Procedure: To request a refund under exceptional circumstances, you must submit a detailed written request to info@belstech.com, including all relevant documentation and evidence supporting your claim. Belstech will review each request on a case-by-case basis and make a final determination at its sole discretion.
8.4. Refund Amount and Method: If a refund is approved, the refund amount and method will be determined by Belstech based on the specific circumstances of the case. Refunds may be issued in the form of a credit towards future Services, a partial refund, or a full refund, as deemed appropriate by Belstech.
8.5. No Guarantee of Refund: Belstech does not guarantee that any refund request will be approved. The decision to grant a refund is entirely at Belstech's discretion and is subject to the terms and conditions outlined in this Refund Policy.
8.6. Course-Specific Refund Policies: Certain courses or programs may have specific refund policies outlined in their respective course descriptions or enrollment agreements. In such cases, the course-specific refund policies will supersede the general no-refund policy outlined herein.
9. Service Availability
9.1. Right to Modify or Discontinue: Belstech reserves the unrestricted right to modify, suspend, or discontinue any aspect of the Services, including but not limited to course content, features, functionalities, and access methods, at any time and without prior notice.
9.2. Maintenance and Updates: Belstech may perform scheduled or unscheduled maintenance, updates, or upgrades to the Services, which may result in temporary interruptions or disruptions. We will make reasonable efforts to minimize such disruptions and provide advance notice when possible.
9.3. No Liability for Interruptions: Belstech shall not be liable for any losses, damages, or inconveniences arising from the modification, suspension, or discontinuation of the Services, or from any temporary interruptions or disruptions due to maintenance, updates, or other technical issues.
9.4. Service Enhancements: Belstech continuously strives to improve the Services and may introduce new features, functionalities, or services at its sole discretion. We reserve the right to charge fees for any new or enhanced services.
9.5. User Feedback: While we welcome user feedback regarding the Services, Belstech is under no obligation to implement any suggestions or recommendations provided by users.
9.6. Third-Party Service Dependencies: The availability and functionality of the Services may be dependent on third-party services, such as internet service providers, cloud hosting providers, and payment processors. Belstech shall not be liable for any disruptions or failures caused by these third-party services.
10. Compliance with Laws
10.1. User Responsibility: Users are solely responsible for ensuring that their access to and use of the Services complies with all applicable local, state, national, and international laws, regulations, and ordinances, including but not limited to intellectual property laws, data protection laws, export control laws, and online conduct regulations.
10.2. Prohibited Activities: Users shall not use the Services for any illegal, unauthorized, or fraudulent activities, including but not limited to copyright infringement, distribution of malware, or unauthorized access to computer systems.
10.3. Reporting of Violations: Users are encouraged to report any suspected violations of applicable laws or regulations to Belstech immediately. Belstech reserves the right to investigate and take appropriate action, including but not limited to suspending or terminating user accounts and cooperating with law enforcement authorities.
10.4. Export Control Compliance: Users shall comply with all applicable export control laws and regulations of the United States and any other relevant jurisdictions. Users shall not export, re-export, or transfer any Content or Services to any prohibited destination or person without obtaining the necessary government approvals.
10.5. Data Protection Compliance: Users shall comply with all applicable data protection laws and regulations, including but not limited to GDPR and CCPA, when using the Services and handling personal information.
10.6. Indemnification: Users agree to indemnify and hold harmless Belstech from any claims, liabilities, damages, or expenses arising from their failure to comply with applicable laws and regulations.
11. Force Majeure
11.1. Definition: Belstech shall not be liable for any failure or delay in performing its obligations under these Terms to the extent such failure or delay is caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, strikes, lockouts, labor disputes, governmental actions, pandemics, telecommunications failures, or internet disruptions ("Force Majeure Events").
11.2. Notification and Mitigation: Belstech shall promptly notify you of any Force Majeure Event and make reasonable efforts to mitigate its effects and resume performance as soon as practicable.
11.3. Suspension of Obligations: During a Force Majeure Event, Belstech's obligations under these Terms shall be suspended to the extent necessary. If the Force Majeure Event continues for an extended period, Belstech may terminate these Terms without liability.
11.4. No Liability for Damages: Belstech shall not be liable for any damages, losses, or expenses incurred by users as a result of a Force Majeure Event.
11.5. Continued Obligations: Notwithstanding a Force Majeure Event, users shall remain obligated to pay any outstanding fees or charges for Services rendered prior to the event.
12. Waiver
12.1. No Implied Waiver and Course of Dealing: The failure of Belstech to enforce any right or provision of these Terms at any time shall not operate as a waiver of such right or provision, nor shall it affect its right to enforce such right or provision at any later time. Similarly, no course of dealing or custom between the parties, nor any single or partial exercise of any right, power, or privilege by Belstech, shall operate as a waiver or preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. For example, if Belstech does not immediately enforce a penalty for late assignment submission in one instance, it does not waive its right to enforce the penalty in future instances.
12.2. Specific Waivers and Documentation: Any specific waiver granted by Belstech under these Terms must be in a signed, written document, explicitly stating the provision being waived and the duration of the waiver. Such waiver shall apply solely to the specific instance and purpose for which it is granted and shall not constitute a continuing waiver or a waiver of any other provision. For instance, if Belstech agrees to waive a late fee for a student due to a documented medical emergency, that waiver is specific to that student and that instance and does not set a precedent for future late fees.
12.3. Cumulative Rights and Remedies and Equitable Relief: All rights and remedies provided to Belstech under these Terms are cumulative and are in addition to, and not in substitution for, any other rights and remedies available at law, in equity, or otherwise. Belstech shall be entitled to seek injunctive relief, specific performance, or other equitable remedies in addition to any monetary damages, in the event of a breach or threatened breach of these Terms by you, without the necessity of posting a bond or other security. Nb
13. Changes to Terms
13.1. Right to Modify and Discretion: Belstech reserves the absolute, unilateral, and unfettered right to modify, amend, supplement, or replace these Terms, or any part thereof, at any time and for any reason, in its sole and absolute discretion. This includes, but is not limited to, changes to service offerings, pricing structures, platform functionalities, data handling practices, intellectual property rights, and compliance with evolving legal or regulatory requirements. Belstech's discretion in making such changes shall be exercised reasonably and in good faith, but shall not be subject to challenge or review except as required by applicable law.
13.2. Notification of Changes and Effective Date: Belstech shall provide reasonable notice of any material changes to these Terms by posting the updated Terms on the Services, prominently displaying a notification banner, updating the "Effective Date" at the top of these Terms, or through direct communication channels such as email or in-app messaging. The changes shall become effective upon the specified "Effective Date" or upon your continued use of the Services following the notification, whichever occurs earlier. If a change is required by law, it will be effective immediately.
13.3. Continued Use as Acceptance and Termination Right: Your continued access to or use of the Services following the posting of any changes to these Terms, or your receipt of a notification regarding such changes, constitutes your explicit and unequivocal acceptance of those changes. If you do not agree with the modified Terms, you must immediately cease using the Services and, if applicable, terminate your account. Belstech may, at its sole discretion, provide a reasonable period for you to review and accept the updated Terms before your continued use is deemed acceptance.
13.4. Periodic Review and User Responsibility: Users are strongly encouraged to periodically review these Terms, and any related policies or guidelines, to remain informed of any updates or changes. Your ongoing use of the Services after any changes are posted signifies your continued agreement to those changes, regardless of whether you have actually reviewed them. It is your responsibility to stay informed and compliant with the current version of these Terms.
14. Contact Us
14.1. Contact Information and Designated Communication Channels: If you have any questions, concerns, feedback, or requests regarding these Terms or the Services, please contact us exclusively through the designated communication channels provided, specifically:
Email: info@belstech.com
14.2. Response Time and Acknowledgment: Belstech will endeavor to acknowledge receipt of your inquiry within a reasonable timeframe, typically within two (2) business days. However, the time required to provide a comprehensive response may vary depending on the complexity of the inquiry. Belstech does not guarantee an immediate or specific response time.
14.3. Official Communications and Binding Effect: All official communications regarding these Terms, the Services, or your account must be directed to the contact information provided above. Communications through other channels, such as social media platforms or personal employee emails, may not be considered official or binding. Only written communications from authorized Belstech representatives, sent through the designated channels, shall have binding effect.
15. Assignment
15.1. Assignment by Belstech and Business Transfers: Belstech reserves the unrestricted right to assign, transfer, delegate, or sublicense any or all of its rights or obligations under these Terms, in whole or in part, to any third party, without your prior written consent. This includes, but is not limited to, assignments in connection with mergers, acquisitions, reorganizations, sales of assets, or other business transfers. You acknowledge and agree that such assignments shall not materially alter your rights or obligations under these Terms.
15.2. Assignment by You and Prior Written Consent: You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms, in whole or in part, to any third party, without the express prior written consent of Belstech, which may be withheld in its sole discretion. Any attempted assignment, transfer, delegation, or sublicense by you without such consent shall be null and void and shall constitute a material breach of these Terms.
15.3. Successors and Assigns and Binding Effect: These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. Any permitted assignee of Belstech shall have the full rights and benefits of Belstech under these Terms.
16. Force Majeure
16.1. Definition and Scope: Belstech shall not be liable for any failure or delay in performing its obligations under these Terms to the extent such failure or delay is caused by events, circumstances, or occurrences beyond its reasonable control, including but not limited to: acts of God, natural disasters (e.g., floods, earthquakes, hurricanes), war (declared or undeclared), terrorism, riots, civil disturbances, embargoes, strikes, lockouts, labor disputes, governmental actions or regulations, pandemics, epidemics, telecommunications failures, internet disruptions, power outages, denial-of-service attacks, or any other cause beyond Belstech's reasonable control ("Force Majeure Events").
16.2. Notification and Mitigation Efforts: Belstech shall promptly notify you of any Force Majeure Event that may affect its performance under these Terms and shall make reasonable efforts to mitigate the effects of such event. Belstech shall not be required to settle any labor dispute or contest any governmental action or regulation.
16.3. Suspension of Obligations and Termination Right: During a Force Majeure Event, Belstech's obligations under these Terms shall be suspended to the extent necessary to address the event. If the Force Majeure Event continues for an extended period, typically exceeding thirty (30) days, Belstech may terminate these Terms, or any affected portion thereof, without liability. In such cases, Belstech shall provide reasonable notice of termination and shall refund any prepaid fees for services not rendered due to the termination.