PRODUCT SPECIFIC TERMS  

FOR  

TRAINING MANAGEMENT SERVICES (“TMS”) 

Version: 1.0 

Latest Update: 27/09/2023 

1. INTERPRETATION:

1. 1. Unless otherwise defined herein, capitalised terms used in this Agreement shall have the respective meaning ascribed to each term in the “Glossary of Legal Terms” located at https://mintra.com/legal.

1. 2. The following Product Specific Terms on the offering of Training Management Services to Customer (hereinafter referred to as “PST: TMS” or “PST”) shall be read in conjunction with the General Terms and Conditions and the documents referred to therein (hereinafter “GTC”) and the applicable product-specific terms regulating purchase and use of the Applications, Courses, and other related Products and Services, and anything else agreed by the Parties in writing, and collectively shall form an integral part of the Agreement with the Customer in relation to the provision of the Products and Services offered by Mintra (the “Agreement”).

2. DEFINITIONS:

2. 1. For the purposes of these PST the following terms shall have the following meaning:

3. SCOPE:

3. 1. These PST set out the product-specific terms and conditions regulating the provision of the Products and Services to the Customer.

4. PRODUCTS AND SERVICES

4. 1. Products and Services regulated with these PST consist of a full range of training and competence system administrative and training management services. TMS are offered with Trainingportal or any other third-party LMS.

4. 2. Where the TMS are offered with Trainingportal, purchase and use of Trainingportal will be regulated by the applicable PST.

4. 3. Where TMS are offered with Third-party LMS, purchase and use of the third-party LMS will be regulated by the direct agreement between Customer and third-party.

4. 4. Where the use of Mintra Courses is required, purchase and use of such courses will be regulated by the applicable PST.

4. 5. Where the engagement or purchase of Third-Party Services is required for the delivery of the TMS (i.e. use of Third-Party Courses), the cost will be agreed in advance with the Customer and Customer shall be liable to reimburse Mintra for such costs in full.

5. FEES AND PAYMENT

5. 1. Unless otherwise stated in these PST or otherwise agreed in a separate agreement in writing between the Parties, the Payment Terms, as specified in the GTC under the provision titled “Fees and Payment”, shall apply.

5. 2. Unless otherwise agreed by the Parties in writing, Customer will be invoiced biweekly.

6. WARRANTIES AND OBLIGATIONS

6. 1. Mintra shall offer the Training Management Services to Customer in accordance with: 

• 6. 1. 1. the client-specific requirements; and
• 6. 1. 2. the KPIs mutually agreed by the Parties; and
• 6. 1. 3. the client-approved matrix requirements and accreditations (i.e. HSE, DECC, OPITO, etc).

 6. 2. The Training Management Services offered to Customer shall be of skilled professional quality according to general business sector standards.

7. DATA PROTECTION

7. 1. Personal Data are processed by Mintra for the purpose of performing the Services.

7. 2. Customer is responsible to ensure that Data Subjects are informed about and have given their consent for the processing of their Personal Data by Mintra as specified in this Agreement. Mintra will only process personal data as specified in this Agreement and to the extent it is reasonable and necessary to perform Mintra 's obligations pursuant to this Agreement.

7. 3. Mintra has the right to use information for the purpose of compiling reports in accordance with this Agreement. Furthermore, Mintra has the right to use information to coordinate and prepare offers regarding Products and Services which may be of interest to the Customer and the relevant End-Users based on usage reports.

7. 4. Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy and it is important that you read that information.

8. LIABILITY

8. 1. Subject to the provisions of the GTC under section titled “Liability”, Mintra cannot be held liable to Customer, End-Users, or third parties for any decisions made by Customer or Customer Admins or End-Users relying on the content of the Courses.

8. 2. Where the Services are offered for the management of a third-party LMS, Mintra shall not be liable for any breach of the Agreement or damages caused by the third-party or the third-party software or for any breach of any warranties provided by the third-party to Customer directly.

9. TERM AND TERMINATION

9. 1. Unless otherwise agreed between the Parties in writing:

• 9. 1. 1. the applicable provisions of the GTC under sections titled “Term” and “Termination” shall apply;
• 9. 1. 2. termination of TMS can be effected with a minimum of ninety (90) days’ written notice;
• 9. 1. 3. Notwithstanding anything stated in this provision to the contrary, termination of Trainingportal shall be regulated by the applicable PST: Trainingportal;
• 9. 1. 4. Notwithstanding anything stated in this provision to the contrary, termination of any Third-Party Services shall, where applicable, be regulated by the terms of service and/or terms of use of the Third-Party Services;
• 9. 1. 5. refund should not be applicable for early termination of subscriptions;
• 9. 1. 6. Non-refundable costs of third-party vendors should be covered by Customer.