- ACS Academy
- Flexible Learning, Lasting Success
-
- info@acs-academy.ca
- (604) 924-5506 ext.377
- 318-901 Third Street West, North Vancouver, BC, V7P 3P9
As the holiday season approaches, please note our adjusted front desk office hours:
“Academy,” “we,” “us” means ACS Canada Academy and its affiliates, instructors, consultants, and authorized agents.
“Client,” “you” means the purchasing organization or individual registrant.
“Services” means our instructor‑led training (in‑person/virtual), e‑learning, exams/assessments, coaching, consulting/advisory, and related materials, platforms, and certificates.
These Terms govern all offers, quotes, enrollments, statements of work (SOWs), and use of Services unless superseded by a signed agreement with the Academy.
2.1 Training: Public (open‑enrolment) or private/onsite training per published outlines. We may reasonably change instructors, schedules, venues, or delivery platforms while maintaining learning objectives.
2.2 Consulting: Advisory services are delivered per an SOW specifying scope, deliverables, assumptions, schedule, fees, and acceptance criteria.
2.3 E‑learning & Platforms: Access is personal and non‑transferable. Accounts must not be shared or resold. We may suspend access for security or misuse.
2.4 Eligibility & Prerequisites: Certain courses require prior knowledge, equipment, software, or stable internet. Meeting prerequisites is the Client’s responsibility.
3.1 Prices exclude applicable taxes (e.g., GST/HST/PST/QST in Canada; VAT or similar elsewhere). Taxes are added at checkout/invoicing.
3.2 Payment timing: (a) Public courses—full payment before start; (b) Private/onsite training—deposit on booking, balance by delivery date; (c) Consulting—deposit and milestone or monthly invoices per SOW.
3.3 Overdue amounts accrue interest at 1.5% per month (18% per annum) or the maximum permitted by law. You are responsible for reasonable costs of collection, including legal fees.
3.4 Currency & FX: Bank and currency conversion fees are your responsibility.
4.1 Client cancellation—public courses:
• ≥ 14 calendar days before start: 100% refund less a CAD $75 admin fee (or local equivalent), or full credit to a future date;
• 7–13 days: 50% refund or 100% credit;
• < 7 days or no‑show: no refund; one reschedule allowed with a CAD $150 rebooking fee.
4.2 Substitutions: One name change up to 2 business days before start at no charge (later changes may be disallowed for exam courses).
4.3 Private/onsite training reschedule: ≥ 15 business days: no fee; 7–14 business days: 25% of fees; < 7 business days: 50% plus non‑refundable venue/travel actually incurred.
4.4 Consulting cancellations: Client may cancel after SOW acceptance subject to paying (i) work performed to date, (ii) non‑cancellable commitments, and (iii) a demobilization fee of 10% of remaining SOW value (where permitted by law).
4.5 Academy postponement/cancellation: We may cancel/postpone for low enrolment, instructor illness, force majeure, safety, or events beyond our control. Exclusive remedy: refund of fees paid for the affected session or credit—no liability for travel or consequential costs.
4.6 Force majeure: Neither party is liable for delays due to events beyond reasonable control (e.g., extreme weather, strikes, epidemics, outages, government actions, wars, sanctions). If > 30 days, either party may terminate affected orders for a refund of undelivered Services.
5.1 Statements of Work (SOW): In case of conflict, (i) a signed master agreement prevails over these Terms, (ii) the SOW prevails over marketing materials.
5.2 Change control: Out‑of‑scope requests require a written change order. Work may pause until scope, schedule, and fees are adjusted.
5.3 Client responsibilities: Designate a project owner with authority; provide timely information, decisions, access, and required third‑party consents; ensure safe access to sites and systems; maintain system/data backups. We may rely on Client information unless verification is expressly in scope.
5.4 Acceptance: Deliverables are deemed accepted on the earlier of (a) Client’s written acceptance, or (b) 10 business days after delivery if no reasonable, specific rejection is received. We will remedy substantiated non‑conformities in a commercially reasonable manner.
6.1 Attendance thresholds (typically ≥ 80–90%), ID verification for exam courses, and completion of assessments may be required for a certificate.
6.2 Certificates of completion/attendance are not professional licenses and do not guarantee third‑party certification, accreditation, regulatory approvals, or job outcomes.
6.3 Academic integrity: Cheating, impersonation, or recording exam content may void results without refund.
7.1 Ownership: All courseware, manuals, slide decks, case studies, templates, tools, exams, recordings, and software (“Materials”) are owned by the Academy or its licensors and protected by IP laws.
7.2 License: Subject to payment and compliance, we grant a limited, personal, non‑exclusive, non‑transferable license to use Materials for your own learning or internal business purposes (for consulting deliverables—see 7.3). You may not copy, distribute, publish, record, or create derivative works without written permission.
7.3 Consulting deliverables: Unless an SOW explicitly assigns IP, we grant Client a perpetual, worldwide, royalty‑free, non‑exclusive license to use deliverables created under the SOW for Client’s internal business purposes. We retain pre‑existing IP (methods, templates, know‑how) and the right to use generalized, non‑confidential residuals.
7.4 Recording policy: You must not record sessions or take screenshots/photos unless authorized in writing. We may record for quality/learning where lawful and appropriate; if you prefer not to appear, notify us in advance for reasonable alternatives.
7.5 Marks & publicity: Use of our name/logo requires prior written consent. Unless you opt out in writing, you grant us a non‑exclusive right to list your organization as a client (word mark only).
8.1 Each party will protect the other’s confidential information and use it only for delivery and administration of Services. This duty does not apply to information that is public, independently developed, or rightfully obtained from third parties without confidentiality obligations.
8.2 We may share necessary information with instructors, proctors, subcontractors, and delivery partners under confidentiality obligations.
9.1 Compliance: We process personal information per applicable laws, including PIPEDA in Canada and, where applicable, GDPR/UK GDPR and similar laws. Our Privacy Notice describes purposes, lawful bases, retention, and your rights.
9.2 Cross‑border transfers: Data may be processed outside your jurisdiction (e.g., Canada, U.S., EU). We use appropriate safeguards where required (e.g., contractual clauses).
9.3 Processor role: Where we process personal data on your behalf for consulting or managed training services, we will execute a data processing addendum (DPA) upon request.
9.4 Security & incidents: We implement reasonable administrative, technical, and physical safeguards. If a data incident occurs affecting your personal data, we will notify you and regulators where required by law.
9.5 Marketing: We may send course updates and relevant offerings; you can opt out at any time.
10.1 The parties will comply with anti‑bribery/anti‑corruption laws (e.g., CFPOA, FCPA, UK Bribery Act), export controls, and economic sanctions. We may decline or terminate Services where prohibited by law.
11.1 To preserve impartiality and align with accreditation norms (e.g., ISO/IEC 17021‑1), ACS Canada Academy will not provide management‑system consulting to any organization being audited/certified by an ACS‑affiliated certification body for the required cooling‑off period (typically two years). If a conflict is identified, we may decline, suspend, or terminate the engagement or recommend independent alternatives.
12.1 Client is responsible for site safety, inductions, and compliance with occupational health and safety laws for onsite services. Our personnel may refuse unsafe work.
12.2 We maintain commercially reasonable insurance (e.g., CGL and professional liability/E&O). Certificates available upon reasonable request.
12.3 Our advice and deliverables are prepared solely for Client’s internal use. No third party may rely on them without our written consent and a reliance letter.
13.1 Services are provided with reasonable care and skill. Except as expressly stated, Services and Materials are provided “as is,” without warranties (express or implied), including merchantability, fitness for a particular purpose, and non‑infringement, to the fullest extent permitted by law.
13.2 We do not guarantee particular outcomes (e.g., third‑party approvals, certifications, exam passes, funding decisions, or business results).
14.1 Limitation—Training: To the maximum extent permitted by law, our total aggregate liability for claims arising from training Services is limited to the fees paid for the specific course giving rise to the claim. We are not liable for indirect or consequential damages (e.g., loss of profits, business, goodwill, or travel costs).
14.2 Limitation—Consulting: For consulting SOWs, our total aggregate liability is limited to the lesser of (a) fees paid for the specific SOW, or (b) CAD $25,000 (or local equivalent), unless a different cap is expressly agreed in the SOW.
14.3 Notice & time bar: You must notify us in writing within 30 days after becoming aware of the facts giving rise to a claim, and any action must be commenced within one (1) year after the relevant course end date or SOW delivery date.
14.4 Indemnity: You will indemnify and hold us harmless against third‑party claims arising from your breach of these Terms, misuse of Materials, violation of law, or failure to ensure site safety for your premises/events.
15.1 We may suspend or terminate Services for material breach if not cured within 10 days of written notice, or immediately for insolvency or unlawful use. You remain responsible for amounts due for Services performed and non‑cancellable costs.
15.2 Either party may terminate an affected order for prolonged force majeure per Section 4.6.
16.1 These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, subject to mandatory local consumer laws.
16.2 Good‑faith resolution first. If unresolved within 30 days, disputes will be finally resolved by confidential arbitration under the Arbitration Act (British Columbia) in Vancouver, in English, by a single arbitrator. Either party may seek injunctive or equitable relief in court to protect IP, confidentiality, or privacy rights.
16.3 Small‑claims option: Either party may bring an individual claim in small claims court in British Columbia for disputes within its jurisdiction.
17.1 We may update these Terms prospectively; the version in effect on your order date applies to that order. Material changes will be posted on our website and notified to enrolled learners where appropriate.
17.2 Notices are effective when sent to the contacts provided at registration/SOW or to legal@acs‑academy.ca (update with your domain).
18.1 If any provision is invalid or unenforceable, the remainder remains in effect.
18.2 You may not assign or transfer rights or obligations without our written consent; we may assign to affiliates or in connection with a merger or sale.
18.3 These Terms, together with the applicable order/SOW and any signed master agreement, constitute the entire agreement and supersede prior understandings regarding the Services. Order of precedence: (1) signed master agreement; (2) SOW; (3) these Terms; (4) course description/quote.
ACS Academy is a federally registered Canadian provider of training and consulting services, offering accredited certificate programs, industry-focused training, and support for management systems and international standards. Backed by experienced professionals with hands-on expertise, ACS Academy delivers practical, high-quality solutions that help organizations achieve compliance, operational excellence, and sustainable growth across industries.