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General Terms and Conditions of the MikroTik Academy Program Riga, Latvia (Updated: from 03.07.2020). 1.GENERAL TERMS AND CONDITIONS OF THE MIKROTIK ACADEMY PROGRAM 1.1. APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF THE MIKROTIK ACADEMY PROGRAM (1) The following general terms and conditions qualify as a Agreement of the MikroTik Academy Program concluded between: SIA “Mikrotīkls”, a company duly organized and existing under the laws of the Republic of Latvia, having its principal place of business at Aizkraukles 23, LV-1009 Riga, Latvia, office address Brīvības gatve 214 I, Riga, LV-1039, unified registration number 40003286799, hereinafter referred to as: ’MikroTik’ and an educational institution, hereinafter referred to as: ’Participant’. Altogether referred as Parties. (2) MikroTik launches, establishes and provides the MikroTik Academy program and Participant applies and participates in MikroTik Academy program exclusively based on these General terms and Conditions of the MikroTik Academy Program (hereinafter - General terms) and optional terms and conditions concluded between the MikroTik and the Participant. (3) The acceptance of the General terms is also compulsory to the Participant being already in the contractual relationship with the MikroTik considering MikroTik Academy program and in case the Participant intends to continue to take a part in MikroTik Academy program and to use MikroTik systems, web platforms, training materials and/or any other material, solutions of the MikroTik Academy program. (4) The Participant accepts, agrees and acknowledges General terms online by signing these General terms or online by clicking on the concerned check-box at the end of this document. (5) The mikrotik.com website (the “Site”) is owned and operated by the MikroTik. By using this Site, the Participant also explicitly agrees to comply with and be bound by the General terms and all policies, rules, and instructions, and additional terms posted on or through the Site, all of which are incorporated into these General terms. By registering for, logging into, visiting and/or otherwise using the Site in any way, the Participant indicates that the Participant understands, intends to be legally bound by, and also accepts these General terms. 1.2. DEFINITIONS 1.2.1. Educational institution/Participant - particular institution which has signed General terms and established by the particular state, local governments and/or other legal or natural persons (such as universities, technical schools, colleges, vocational schools, and other educational institutions), which has all the necessary education and professional certifications specified in the national education law, or, in other laws regulating education, and which participates in the implementation of educational programs and grants academic degrees in variety of subjects. 1.2.2. MikroTik (original - "Mikrotīkls" SIA, registered and established 14.03.1996. in Latvia, reg. No. 40003286799) is a legal person who, together with educational institution, wishes to enter into contractual relationships to establish MikroTik Academy program with classes in field of MikroTik networking technologies. 1.2.3. MikroTik Appointed Coordinator is a person who is certified as a MikroTik trainer, has signed Terms&Conditions for MikroTik Certified Trainers, and is listed at MikroTik official website www.mikrotik.com/training/ as the official coordinator for the particular country. 1.2.4. MikroTik Academy Trainer is a lecturer at the educational institution. MikroTik Academy Trainer is approved by MikroTik and MikroTik Appointed Coordinator, and has following MikroTik certifications - MTCNA, at least one of MikroTik Engineer level certificates (MTCRE, MTCWE, MTCTCE, MTCUME, MTCIPv6E, MTCSE, MTCSWE, MTCEWE or MTCINE) and a MikroTik Academy Trainer certificate. 1.2.5. MikroTik Educational Class is general data networking, or, specific MikroTik educational program covering MikroTik Certification Outline, meant for different educational institutions which have entered into a contractual relationship with MikroTik. MikroTik Educational Classes are meant only for Students of educational institution interested in learning routing and managing of wired and wireless networks using MikroTik RouterOS. 1.2.6. Student of educational institution is a student who has registered for any of academic programs of Participant at the time he/she is signing up for the MikroTik Educational Class at the educational institution within MikroTik Academy program. 2.OBLIGATIONS OF PARTIIES 2.1. Participant provides professional guidance - provision of information regarding the opportunity to acquire and attend MikroTik Educational Class in compliance with the interests and abilities of the student of educational institution. 2.2. Participant together with MikroTik Academy Trainer creates MikroTik Educational Class using their best knowledge and MikroTik support. Participant shall approve MikroTik Academy Trainer for the MikroTik Academy program in particular educational institution and shall inform the MikroTik about it via e-mail [email protected] by sending the name, surname and certificate number of approved MikroTik Academy Trainer for particular educational institution and shall inform MikroTik if MikroTik Academy Trainer resigns from MikroTik Academy program in particular educational institution within 5 business days from such approval or resignation of MikroTik Academy Trainer occur. 2.3. Participant provides students of educational institution with equipped space, lab, appropriate Internet access, MikroTik Academy Trainer at Participant's own expense and with MikroTik equipment for MikroTik Educational Class cooperating with MikroTik Appointed Coordinator. 2.4. Participant undertakes to launch MikroTik Educational Class within 6 (six) months from the date of acceptance of these General terms. If MikroTik Educational Class is not initiated within term set forth herein Participant will receive written notification from MikroTik on its duty immediately organize and start MikroTik Educational Class. If MikroTik Educational Class is not organized within 3 (three) months from the date when notification to Participant was issued, Participant must immediately return all received MikroTik equipment and/or educational materials to MikroTik, if such equipment and/or materials were supplied to Participant for MikroTik educational program. 2.5. Participant undertakes to publish on its webpage for students of educational institution all relevant information on MikroTik educational program and MikroTik Educational Classes. 2.6. Participant cooperating with MikroTik Appointed Coordinator ensures that MikroTik Educational Classes have educational purpose and are attended only by students of educational institution. Participant acknowledges that MikroTik Appointed Coordinator supervises the handling of MikroTik Educational Classes educational institution and may report to MikroTik about any violations or suspected breaches of these General terms. Participant must provide MikroTik Appointed Coordinator upon his/her request with all necessary information which relates to MikroTik Educational Classes. 2.7. MikroTik provides Participant, MikroTik Appointed Coordinator and MikroTik Academy Trainer with necessary support and information considering the organization of MikroTik Educational Classes. 2.8. Participant cooperating with MikroTik Academy Trainer shall ensure that MikroTik Educational Classes are conducted and MikroTik Certified Network Associate (MTCNA) certification tests are held in the class (equipped space, lab etc.) at the presence of the Students of educational institution who want to participate in the MikroTik Educational Class or participate in the MikroTik Certification test under the direct supervision of the MikroTik Academy Trainer. Remote training sessions (MikroTik Educational Classes) and MikroTik (MTCNA) certification exams are not allowed and are violation of the Participant's and MikroTik Academy Trainer's obligations under these General terms. 2.9. When MikroTik Educational Class comes to an end, Participant holds MikroTik Certified Network Associate (MTCNA) certification test for Students of educational institution who have attended the MikroTik Educational Class. Certification test is provided by MikroTik through the Site. It is activated for students of educational institution through MikroTik Academy Trainer's profile. After MikroTik MTCNA certification test MikroTik may offer to Participant gifts (MikroTik products - goods or software license) meant for students who successfully passed MTCNA certification test and Participant ensures that gifts are passed to students and inform students that these gifts are not subject for sale or any kind of activity forbidden according to Software license agreement and/or binding laws. 2.10. Participant together with MikroTik ensures that MikroTik Academy Trainer may alter, edit, or revise any copy of MikroTik Training Materials without the prior written approval of MikroTik, however, each revision must include MikroTik as author's name and credits as originally provided by MikroTik, and must display the following notice in clearly readable print on the first page of each copy and each page:“© MikroTik, www.mikrotik.com. All rights reserved. Reprinted with permission.” 3. LIABLITIES AND OTHER PROVISIONS 3.1. Privacy and Data Protection: for the purposes of this Article, “Personal Information” means any information provided or collected by Parties in connection with these General terms or optional mutual agreements (i) that identifies or can be used to identify, contact, or locate the person to whom such information pertains, or (ii) from which identification or contact information of an individual person can be derived. Personal Information includes, but is not limited to: name, address, photo, phone number, fax number, email address, issued identifier, and credit card information. Additionally, to the extent any other information (such as, but not necessarily limited to, a personal profile, unique identifier, and/or IP address) is associated or combined with Personal Information, then such information also will be considered Personal Information. Processing means any operation carried out with Personal Information (incl. collection, recording, storing, alteration, grant of access to, making enquiries, transfer, etc.). Any Personal Information processed by the Parties in the performance of these General terms be limited to that which is strictly necessary to fulfil this Agreement or/and any legal requirements set in REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, hereinafter - General Data Protection Regulation. 3.2. Participant and/or MikroTik Academy Trainer should bear the full responsibility of ensuring that Personal Information processed in order to organize and conduct training sessions (MikroTik Educational Class) and MikroTik certification exams fully complies with the rules of General Data Protection Regulation. Participant and/or MikroTik Academy Trainer bears sole responsibility for the accuracy and topicality of the Personal Information submitted by them in the MikroTik’s website: www.mikrotik.com (e.g., in the MikroTik Academy Trainer's profile). Participant and/or MikroTik Academy Trainer only keeps the data for the time necessary to fulfil the purpose of collection or further processing (e.g., when required by the law and/or is necessary to ensure MikroTik legitimate interests). 3.3. Participant and/or MikroTik Academy Trainer must implement necessary measures to ensure the security of Personal Information and to prevent unauthorized access and/or data disclosure to third parties. Participant and/or MikroTik Academy Trainer must ensure that any information, e.g., about training classes is communicated (e.g., send to the e-mails of students of educational institution) only if proper legal ground for processing of personal data provided by the General Data Protection Regulation exist with regard each recipient of such information. Participant and/or MikroTik Academy Trainer is aware that procession of specific Personal Information under these General terms can be required by the MikroTik (e.g., such as photo of Students of educational institution) in order to protect the legitimate interests of MikroTik and/or when it is necessary for the performance of the obligations of Parties under these General terms. 3.4. Participant shall indemnify, defend and hold MikroTik harmless from and against all losses, costs and expenses, incurred by Participant or MikroTik Academy Trainer as a result of or in connection with claims for copyright, patent infringements, bodily injury, property damage asserted against MikroTik by third parties, provided and to the extent such claims are caused by the negligent acts or omissions committed by Participant or MikroTik Academy Trainer in the course of its performance of its obligations under these General terms. 3.5. MikroTik, at its own discretion, according to MikroTik internal policies and procedures has rights to define the scope of particular participants in the MikroTik Academy program. Participant is aware that MikroTik conducting its business and relationships with Participant should observe and respect the sanctions imposed by European Union (EU), United Nations (UN) and USA (e.g., The Office of Foreign Assets Control of United States of America (OFAC)) and set by binding laws and/or recommendations on export control and economic sanctions, restrictions. By accepting these General terms Participant acknowledges that it and its affiliated institutions and/or persons (including MikroTik Academy Trainers) and/or entities, will not directly or indirectly make available the goods, provide services or technical assistance to any destination, any physical or legal entity or to the persons prohibited or restricted under binding EU, UN and/ or USA (e.g. OFAC) export control regulation and imposed sanctions, restrictive measures without preliminary permission of the authorized agencies, required by the regulation. If Participant fails to fulfil requirements set in this provision in these General terms, MikroTik has rights to refuse establish relationship or terminate without any compensation relationship with immediate effect by informing Participant. 3.6. Participant is aware that MikroTik conducts its business in compliance not only with sanction laws but also the binding laws and/or recommendations on the Prevention of Money Laundering and Terrorism and Proliferation Financing (AML process) and has instituted and maintained policies and procedures designed to promote and achieve compliance with such laws and/or recommendations. Considering above mentioned MikroTik has rights to request from Participant information (including but not limited to documents) in order to perform surveillance of Participant and/or persons or entities related to it, to check compliance with AML process under internal procedures established by MikroTik and Participant shall provide the requested information in the form and within the time period indicated by the MikroTik otherwise MikroTik has rights to refuse establish relationship or terminate without any compensation relationship with immediate effect by informing Participant. 4. FINAL PROVISION 4.1. These General terms shall be governed by the laws of Latvia and shall be construed and interpreted thereunder. 4.2. Any matters not covered in these General terms shall be mutually negotiated by all parties and might be set forth in the supplementary written agreements, which have the same legal effect as these General terms. 4.3. In case MikroTik and the Participant have concluded optional or separate agreements within the scope of MikroTik Academy program with special terms and conditions if any, special terms shall prevail over General terms. 4.4. Any failure of performance by the MikroTik shall not constitute default hereunder or give rise to any claim for damages or otherwise if, and to the extent caused by, an act, event or occurrence beyond the reasonable control of, and not resulting from the fault of the MikroTik claiming the protection of this section (an event of “Force Majeure”) including, but not limited to: unusually severe weather conditions, fires, flood, earthquakes, quarantine, pandemic, epidemic, blockade, labour disputes, strikes, decisions of governmental authority, war, sabotage, explosions, epidemics, lightning, injunctions, insurrection, civil strife, or any other similar events. Upon the occurrence of any event of Force Majeure, the MikroTik shall (a) within ten (10) business days advise the Participant of such event and (b) diligently pursue all reasonable efforts to minimize the effect of any such event of Force Majeure on the MikroTik Academy program, as the case may be, and to restore the MikroTik's ability to perform hereunder. Educational institution full name: Astangu Vocational Rehabilitation Centre 70003566 Registration or educational institution number: Registered office address: Astangu 27, 13519 Tallinn, Estonia Full name and surname of the educational institution representative: Kert Valdaru Director Position: Representation basis (statute, articles of association or authorization etc.- specify one): Statute 02.02.2023 Signature: _______________________ , Date (dd.mm.yyyy):