- Training Courses
2.1. Training Course Delivery Options
MOHS currently offers its training courses hereinafter referred to as “MOHS Educational Program” or “MEP” via the virtual environment open-online course.
- Training Services
3.1. Training Services Delivery Options
MOHS currently offers the following MEP via an online learning management system, either hosted via personal device or customer hosted.
Single User (SU):
(2) Institution Hosted (IU): Institution hosted self-service, on-line learning management system for academic institutions.
(3) Corporate Hosted (CU): Corporate hosted self-service, on-line learning management system for organizations, corporations, companies, private and public limited companies other than academic institutions.
(1) Single User (SU): MOHS Hosted Self-Service MEP, on-line learning management system for private individuals. Each SU shall access to the MEP via User’s MOHS Account. User acknowledges and agrees that User’s MOHS Account is confidential and non-transferable and may not be shared with any other person or entity. Further, any use of User’s Account to allow or permit another person or entity to access MEP shall terminate User’s license to MEP without refund.
(3) Corporate User (CU): Corporate hosted self-service, on-line learning management system for organizations, corporations, companies, private and public limited companies other than academic institutions. Upon purchase of the CU, Customer (through its administrator), shall be responsible to enable, via the MOHS Subscription Management Portal (“SMP”) for up to the amount of authorized quantity of Users.
Conditions: (i) Customers are fully responsible for the proper use of the MEP, and any use of the MEP allowing or permitting more than the authorized or licensed number of Users and (ii) any person (other than Customer’s authorized Users) or entity to access the MEP shall terminate Customer’s license to the applicable product without prejudice or refund. (ii) MEP may include community forums, office hours, or other interactive features. Such features are provided by MOHS in its sole discretion, and MOHS makes no representation, warranty or covenant about the availability, content or timeliness of any such features.
(2) For clarity, no interactive features, including but not limited to student forums and instructor office hours, may be copied, reproduced, published, displayed, modified, rented, leased, distributed, sold, sublicensed, transferred, photographed, screenshot/capture or used in any way, all or any part of the MEP. Under no circumstances may Customer resell or use the content to offer or provide any training or education (whether or not for fee) to any third party, or to offer any training or education materials, instruction or courses that incorporate or relate in any way to the MEP to its employees, students, representatives after subscription expires, or any third party. Customer acknowledges and agrees that it is fully responsible for any changes, modifications, alterations or customizations it makes to the MEP.
(3) Updates to the MEP are provided by MOHS only and for free, unless otherwise stated.
3.4. Teaching the Trainer (TTT) Services or MEP Trainer Enablement
(2) Each TTT Service or MEP Trainer Enablement will be delivered to Customer in a mutually agreed venue and format. Customer is responsible to attend a pre-TTT Service or MEP Trainer Enablement meeting with MOHS to establish the requirements gathering process for the TTT Services or MEP Trainer Enablement. Customer shall work with MOHS to complete all system requirements and documents, which may include in person or on-line or telephone meetings between Customer and MOHS personnel. Further, Customer shall provide access to all Customer business and technical personnel needed for requirements gathering, and shall reasonably cooperate with MOHS in the performance of the TTT Services or MEP Enablement, and shall provide MOHS with the information, feedback, instructions, and access to applicable equipment necessary to enable the timely performance and delivery of the TTT Services or MEP Trainer Enablement by MOHS in the manner provided herein. Customer shall be responsible for the completeness and accuracy of all information, data material, logos, trademarks and other intellectual property provided by Customer or its authorized representatives to MOHS. Customer represents and warrants that it has the full legal rights to provide the information, data, material, logos, trademarks, and other intellectual property (collectively, the “Customer Materials”) to MOHS for inclusion in, or with respect to, the TTT Services or MEP Trainer Enablement.
(3) The TTT Services or MEP Trainer Enablement may also include applicable training reference card templates, best practices for launching app and communication and access to MEP adoption measurement tools to monitor user adoption metrics. MOHS grants to Customer a non-exclusive, non-transferrable, non-assignable perpetual license to use each Video and the Course Materials delivered by MOHS for Customer and its Users’ training and informational use. Customer may copy, modify and distribute to its Users the Reference Cards and the Launch Kit for its Users training and informational use. Customer may not, rent, lease, distribute, sell, sublicense, transfer or use with any third party in any way any of the Videos or the Course Materials. Customer shall not remove or alter any copyright or other proprietary rights notice of MOHS and/or its licensors in or on the Videos or any Course Materials. All Course Materials (and the intellectual property rights associated therewith) are and will remain at all times the sole and exclusive property of MOHS and its affiliates and licensors.
(4) MOHS grants to Customer a non-assignable, non-transferable and non-exclusive right to access and use the MEP provided by MOHS solely for such Customer’s Users’ training and informational use. The foregoing Course Materials, Content and MEP may not be reproduced, modified, rented, leased, distributed, sold, sublicensed, transferred or used by any third party. Customer shall not remove or alter any copyright or other proprietary rights notice of MOHS and/or its licensors and affiliates.
- Terms and Conditions
(2) For all Private and/or Onsite Training Courses, proof of payment is required no later than ten (10) business days prior to the Training Course start date. Failure to provide such prepayment may result in cancellation of the applicable Private and/or Onsite Training Course (and in such event, Customer shall be responsible for payment). For all Training Courses to be held at a non-MOHS location, Customer shall reimburse MOHS for all actual and reasonable travel, lodging and meal expenses incurred by MOHS to deliver such courses (collectively, “MOHS Expenses”).
4.2 Training Courses Availability; Registration of Participants, Cancellation and Rescheduling
(1) All MEP Courses and TTT are subject to space availability and MOHS’s scheduling requirements. Customer shall promptly complete all registration or information forms required for any MEP Courses. Prior to the start date of any MEP or TTT, the SU, IU and CU Course Customer shall provide to MOHS the list of participants scheduled to attend the MEP Course or TTT no later than 3 days before the start of the course. In the event that a scheduled participant is unable to attend or use the MEP Course or TTT due to illness or a new role at Customer, or if such participant is no longer employed, represented or student by Customer, Customer may not substitute another participant for the MEP Course.
(2) Cancellations and requests by Customer to reschedule TTT and/or MEP Courses, must be made at least fifteen (15) business days prior to the applicable Training Course start date in order to receive a full refund (excluding any non-refundable MOHS Expenses). If Customer has paid, Customer will receive a refund thirty (30) days upon receipt of notice or request for actual amount received. No refunds or credits whatsoever shall be granted in the event such cancellation or rescheduling request is made less than fifteen (15) business days prior to the start date of the TTT or MEP Course. Notwithstanding the foregoing, if Customer cancels any training course purchased as part of a bundle combined with other training offerings, the fees attributable to such class shall be placed on a credit for use for any MEP Courses that shall expire 1 year from the date the bundle was purchased.
(3) MOHS reserves the right to reschedule or cancel a Training Course due to low enrollment or if necessitated by an emergency or other unforeseen circumstance. Customer shall be credited for the full amount paid by Customer for such course, within ninety (90) days following the date of MOHS’s notice of cancellation or rescheduling, whichever is later. MOHS shall not be liable for non-refundable arrangements and expenses outside the Course Fee made by Customer in the event of a course rescheduled or cancellation by MOHS.
4.3 Customer Obligations
(1) If MOHS is to perform any Education Services or TTT at Customer’s site or location, Customer shall carry and maintain public liability insurance and employers’ liability insurance, covering its employees, suppliers and contractors engaged at its premises, in amounts no less than required by the applicable law. Customer shall be responsible to comply with all of MOHS’s policies and procedures that will be identified to Customer, including but not limited to health and safety, access to MOHS’s equipment and systems, and confidentiality (collectively, “MOHS Policies” or individually, a “MOHS Policy”). MOHS reserves the right to remove from any Training Course or refuse to admit to any Training Course any participant who is not in compliance with any MOHS Policy.
(2) Customer agrees to provide timely feedback to MOHS following completion of each MEP Module, Training Course, TTT or applicable Training Service, which may include satisfaction forms, customer surveys or evaluations (collectively, “Feedback”). To the extent that Customer provides any Feedback or any other suggestions, data, information, comments or ideas with respect to MOHS’s products and services (individually and collectively “Contributions”), Customer acknowledges and agrees that any and all Contributions made by Customer or any of its participants shall be deemed the confidential and proprietary property of MOHS. Customer expressly assigns, transfers and conveys all right, title and interest in and to the Contributions to MOHS. Customer agrees that MOHS and its designees will be free to use, copy, modify, create derivative works, publicly display, disclose, distribute, license and sublicense through multiple tiers of distribution and licensees, incorporate and otherwise use and exploit the Contributions, including derivative works thereto, for any and all commercial and non-commercial purposes, without any liability or obligation to Customer whatsoever.
4.4 Access to Training Courses; Ownership
(1) If required for any Training Course and in the MEP, MOHS shall provide the applicable participants with an evaluation version of the applicable and necessary proprietary software to use during the MEP or Training Course (the “Training Software”) and such right to use the Training Software shall automatically terminate upon conclusion of the applicable Training Course. Attendance at a Training Course does not entitle any Customer or participant to any license whatsoever to any Training Software.
(3) Customer may not copy, reproduce, modify, rent, lease, distribute, sell, sublicense, transfer or use in any way except for in accordance with the limited right granted herein the Course Materials, the Training Services, Training Courses, MEP Content or any part thereof. Customer may use the information contained in the Course Materials, the Training Services, Training Courses and the MEP solely for education purposes only and may not disclose or make available to any person any information contained therein, except to others who have also rightfully received the same Course Materials, Training Services, Training Courses or subscribed to the MEP. Except for the limited right to use granted herein, all rights in and to the Training Courses, Training Services, Course Materials and MEP, and all copies thereof, are retained by MOHS and its licensors, including, without limitation, all patent rights, copyrights, trademark rights and trade secret rights. Customer shall not remove or alter any copyright or other proprietary rights notice of MOHS and/or its licensors in or on the Course Materials. All Training Services, Training Courses, Course Materials and MEP content and the intellectual property rights associated therewith are and will remain at all times the sole and exclusive property of MOHS and its affiliates and licensors; and Customer has no right, title or interest in or to the Training Services, Training Courses, Course Materials, MEP content or the intellectual property associated therewith.
(4) Certain Education Services require Customer to have sufficient Internet access. MOHS is not responsible for Customer’s inability to access any such Education Services due to User’s failure to have adequate Internet or bandwidth capabilities, or for any failure of the Internet or other communications or connectivity networks, or any disruptions or inaccessibility caused by third party sites, software or hardware.
4.7 Disclaimer; Limitation of Liability
(1) MOHS may assign all or part of the Education Services to be performed hereunder to an affiliate or third party. MOHS retains the right to assign, reassign and substitute personnel at any time. Provided that MOHS has used reasonable efforts to provide a suitable replacement (which shall always be subject to MOHS personnel availability), MOHS shall not be liable in the event of non-availability of any personnel due to death, leave, illness, family emergency, change of position, termination of employment or subcontract, or other similar reasons.
(5) All notices or other communications to MOHS shall be addressed to:
MOHS Analytics Services
Unit 406, Gonzalez Building, 48 D. Munoz Ave., Quezon City 1116 Philippines