Version 1.0 | August 2025
1. Definitions and Interpretation.
1.1 For purposes of this Agreement, and unless otherwise expressly provided herein, the following terms shall have the respective meanings set forth below:
“Agreement” means the contract between BIITCO and the Customer for the subscription or purchase of the Services incorporating the Order Form; these Terms and Conditions, together with any schedules or annexes, and which shall come into existence on the Effective Date.
“BIITCO” means Beijing IATA Information Technology Co., Ltd., a wholly owned subsidiary of IATA, with an office located at 8F, Building 4, Block 12, Anxiang Avenue, Shunyi District, Beijing, People’s Republic of China.
“Customer” shall mean the named party in the Agreement which has agreed to purchase the Services and whose details are set out in the Order Form. “Data Protection Legislation” means all applicable laws and regulations relating to the Processing of Personal Data (as amended, supplemented or superseded from time to time).
“Effective Date” shall mean the date specified in the Order Form or Agreement.
“Fees” shall mean the subscription or purchase fees set forth in the Order Form and as specified in section 4 of this Agreement.
“Force Majeure” means an event or circumstance that is reasonably outside a party’s control and prevents it from performing its obligations in the Agreement.
“IATA” means the International Air Transport Association, an association formed by Special Act of Parliament of Canada, with its principal office located at SS135-800 rue du Square-Victoria, Montreal, QC, H3C 0B4, Canada.
“Order Form” shall mean an order for the purchase of the Services placed by the Customer.
“Personal Data” refers to any information relating to an identified or identifiable individual, such as a name, an identification number, an online identifier, etc. made available by one party to the other party.
“Process or Processing” means any operation performed on the Personal Data such as collection, use, storage, disclosure, or any such similar or analogous activity considered as processing under the Data Protection Legislation.
“Services” means the services provided by BIITCO as set out in the Order Form, Terms and Conditions and any associated annexes attached thereto.
“Term” shall mean the term of this Agreement as provided for in clause 3.
1.2 In this Agreement general words introduced or followed by the word “other”, “including” or “in particular” shall not be given restrictive meaning because they are followed or preceded (as the case may be) by particular examples intended to fall within the meaning of the general words.
1.3 The terms of this Agreement apply to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
1.4 In the event of any inconsistency or conflict between any provision contained in an applicable Order Form and any provision contained in these Terms and Conditions, the provision in the Order Form shall take precedence followed by the Service Terms Appendix and then the Terms and Conditions.
2. Scope of Services.
Customer wishes to engage BIITCO and subject only to the payment of all Fees due hereunder, BIITCO shall provide the Services pursuant to the terms and conditions set out in this Agreement and strictly for the sole purpose of Customer’s internal business operations. For the avoidance of doubt, Customer is prohibited from reselling or making available (for a fee or free of charge) any part of the Services, including any seat for any training courses or classes, to any third party by any means whatsoever.
3. Term.
This Agreement shall commence on the Effective Date and shall (unless terminated earlier in accordance with these Terms and Conditions) continue in full force and effect until BIITCO issues the applicable certificate to the Customer.
4. Fees.
4.1 In consideration of the rights granted hereunder, Customer undertakes and agrees to pay BIITCO the Fees and in the currency set forth in the Order Form. Unless otherwise stated in the Order Form, Fees are payable within 30 days of the date of the invoice and prior to the commencement of each class.
4.2 Each class fee is based on a maximum number of participants attending each Class, as set out in the Order Form. There shall be no fee reduction if there are fewer than the maximum number of allowed participants in any of the classes.
4.3 Unless otherwise stated in this Agreement, all fees are in Chinese Yuan.
4.4 All Fees stated are (a) non-cancellable and non-refundable (except as otherwise provided in this Agreement); and (b) are exclusive of value added tax.
4.5 Time of payment is of the essence. Payment of the applicable Fees is required before the performance of the Services.
4.6 If the Customer fails to make any payment by the relevant due date and BIITCO has provided written notice to the Customer to make such overdue payment, then, without prejudice to BIITCO's other rights and remedies, BIITCO may suspend the provision or supply of the Services, without any liability to the Customer, until such time as the overdue amount along with any associated interest on late payments has been settled in full.
4.7 Any overdue amount shall bear interest from the due date until actual payment is received by BIITCO at an annual rate of interest equal to the prime saving interest rate as established from time to time by the People's Bank of China, plus 1.5%, calculated and compounded monthly. The Client agrees that any overdue amount that exceeds 60 days
(a) shall be processed through the IATA Clearing House in the event the Client is a member thereof, and/or
(b) applied by way of set-off and compensation against any amounts received by BIITCO on behalf of the Client as part of payment and settlement services made available from time to time to the Client by BIITCO.
4.8 Reimbursement of expenses will be made within 30 days of the date of BIITCO’s VAT special invoice (in Chinese, “增值税专用发票”).
5. Payment Without Set Off.
Payments must be made without any set-off or counter claim and free of deduction or withholding (except as required by law) of any taxes or governmental charges. If any deduction or withholding is required by law, Customer must pay the required amount to the relevant governmental authority, provide BIITCO with an official receipt or certified copy or other documentation acceptable to BIITCO evidencing the payment, and pay to BIITCO, in addition to the payment to which BIITCO is otherwise entitled under this Agreement, such additional amount as is necessary to ensure that the net amount actually received by BIITCO, free and clear of all taxes, equals the full amount BIITCO would have received had no such deduction or withholding been required.
6. Taxes.
(a) Should any taxes including, but not limited to, any goods and services tax (provincial, state, federal or otherwise) or other value added tax, levies, fees, charges or duties be imposed, levied or become payable in respect of this Agreement, Customer will pay any and all such taxes, levies, fees, charges and duties, in addition to any other payment due to BIITCO under this Agreement. In the event BIITCO pays any such tax or assessment, Customer will immediately reimburse BIITCO upon demand.
(b) All payments by Customer pursuant to this Agreement shall be free and clear of all withholdings or deductions of any nature whatsoever except to the extent otherwise required by law, and if any such withholding or deduction is so required, Customer shall pay by way of supplemental payment an additional amount, such that after the deduction of all amounts required to be withheld or deducted from the payment and the supplemental payment, the net amount actually received by BIITCO will equal the amount that BIITCO would have received if such withholding or deduction had not been required.
7. Intellectual Property.
7.1 Title to all documents, software, and other materials (“Materials”), whether in hard copy, on diskette, on USB sticks or in any other media given or made available to the Client or the class participants by or for BIITCO shall always remain the exclusive property of BIITCO and/or IATA.
7.2 Any and all intellectual property used by BIITCO, including Materials, know how, and assessment techniques shall remain the exclusive property of BIITCO or its licensors and all rights, titles and interests in and to this intellectual property are owned by BIITCO or its licensors.
7.3 Without limiting the generality of the foregoing, the Materials or any part thereof may not be reproduced, reformatted or transmitted in any form by any means, electronic or mechanical, including photocopying, recording or any information storage or retrieval system, without the prior written consent of BIITCO.
7.4 The Customer shall not acquire any rights to those intellectual property rights or to any intellectual property rights owned by BIITCO and/or their licensors, whether pre-existing or created during the Term of this Agreement.
7.5 Customer agrees to treat IBIITCO’s intellectual property in the same manner as any other material protected by intellectual property laws and treaties.
7.6 Only employees of the Customer or Customer’s identified affiliated companies (if any) shall attend the Classes under this Agreement.
7.7 The Customer hereby grants to BIITCO the express right to use the Customer’s name and logo in marketing, promotional, and public relations materials and in other communications to identify the Customer as a customer of BIITCO and to otherwise promote IATA or BIITCO’s products, services or operations.
8. Confidentiality.
8.1 Confidentiality Obligations. Each party will:
(a) not share the other party’s Confidential Information with third parties unless the Agreement allows it to be shared;
(b) protect the other party’s Confidential Information in accordance with good industry practice;
(c) only use the other party’s Confidential Information for the purposes (as set out in this Agreement) for which it was disclosed; and
(d) ensure that, where Confidential Information is shared, anyone that receives the information is bound by confidentiality obligations that are equivalent to those in this Agreement. Confidential Information shall mean information related to a party that is marked as confidential or would otherwise be regarded as confidential by a reasonable business person. This includes information about the party’s customers, suppliers, pricing, market opportunities, operations, products, technology, plans, know-how, designs or trade secrets.
8.2 Sharing with Permitted Representatives. Each party may share Confidential Information with its internal personnel or professional advisers who need to know the information to exercise that party’s rights or perform its obligations in the Agreement.
8.3 Confidentiality Exceptions. The confidentiality obligations in this section do not apply to Confidential Information that:
(a) was already known to the recipient before it was disclosed by (or with the permission of) the other party; or
(b) becomes available to the recipient on a non-confidential basis via another third party; or
(c) comes into the public domain in a way that does not breach any confidentiality obligations.
8.4 Disposing of Confidential Information. If requested by the other party, each party must promptly return, delete or destroy any Confidential Information it holds and confirm in writing that it has done so. This includes Confidential Information held by its permitted representatives but does not include information covered by section 8.5.
8.5 Keeping Confidential Information. Each party may keep Confidential Information that is:
(a) securely stored in archives or computer back-up systems;
(b) required in order to comply with a legal requirement; or
(c) required as part of appropriate corporate governance record-keeping. Any Confidential Information that is retained for any reason will remain subject to the confidentiality obligations in this Agreement.
8.6 Duration of Confidentiality Obligations. The confidentiality obligations in this section will remain in force for the Term and for 5 years following the termination or expiration of this Agreement.
9. Restrictions.
Except for in accordance with the terms of this Agreement, Customer shall not, and shall not allow its employees, representatives or subcontractors, under any circumstances to:
(a) use, copy, modify, adapt, correct errors, or create derivative works of the Services and continue to claim that the Services has an IATA Certification;
(b) decode, reverse engineer, de-compile or disassemble or otherwise translate or make alterations to the Services and continue to claim that the Services has an IATA Certification;
(c) sub-license any rights granted hereunder to any third party, entity or person without having received the prior written consent of BIITCO, which consent shall be at BIITCO’s sole discretion;
(d) publish, sell, transfer, redistribute, let or hire or otherwise provide or disclose the Services, Certification process or material provided by BIITCO, or any part thereof, or any derivative product, directly or indirectly, to any third party, entity or person;
(e) directly or indirectly export or transmit the Services Software, Services Content or related materials (or any part thereof) to any country to which such export or transmission is restricted by any applicable regulation or statute, without the prior written consent of the competent governmental authority and of BIITCO;
(f) enter into any contract on behalf of BIITCO or assume or create any obligation whatsoever, expressed or implied, in the name of BIITCO or otherwise bind BIITCO in any manner whatsoever;
(g) provide the Services with an IATA Certification to, or incorporate such Services Content into products or services provided by Customer to any third party;
(h) use any Confidential information or intellectual property of IATA or BIITCO or any IATA or BIITCO information in conjunction with any generative artificial intelligence chatbot, platform or tool or any such similar or subsequent technology (AI Tool), including uploading, scanning onto or transferring in any manner onto any such AI Tool, manually or by means of electronic transfer; or use the AI Tool for any interrogation, assessment or analysis of whatsoever nature, kind or purpose; or to obtain, create or produce any form of modified or derivative version of IATA’s or BIITCO’s Confidential Information, intellectual property or other BIITCO information; and
(i) without limiting the generality of the foregoing subsections, allow any third party, entity or person to have access to or use of the Services, directly or indirectly, without the prior written consent of BIITCO, which consent shall be at BIITCO’s sole discretion.
10. Data Processing.
10.1 Both parties will comply with all applicable requirements of the Data Protection Legislation. This section 10 is in addition to, and does not relieve, remove or replace, a party's obligations or rights under the Data Protection Legislation.
10.2 The parties acknowledge that:
(i) if BIITCO is processing any Personal Data on the Customer’s behalf under this Agreement, the Customer is the controller and BIITCO is the processor and
(ii) if the Customer is processing any Personal Data on BIITCO’s behalf under this Agreement, BIITCO is the controller and the Customer is the processor, for the purposes of the Data Protection Legislation.
10.3 In the event that any Personal Data is identifiable in the provision of the Services, the Customer will notify BIITCO without undue delay and in any event within 48 hours on becoming aware of the same. Notwithstanding the preceding sentence, Customer shall at the written request of BIITCO carry out such steps as reasonably advised by BIITCO in respect of the Personal Data, including but not limited to restricting access to named Authorised Users on a strict need to know basis.
10.4 Each party shall:
(a) refrain from requesting Personal Data beyond what is necessary to fulfil the purpose(s) for which it is requested, which purpose(s) for requesting Personal Data shall be specified and legitimate and in accordance with the scope of the Agreement; and
(b) agree in advance as to the categories of Personal Data which are required to be made available pursuant to this Agreement and monitor they are complete, accurate and relevant having regard to the purpose for which they are Processed.
10.5 Without prejudice to the generality of this section, each party (a Data controller) shall in relation to any Personal Data Processed hereunder:
(a) implement appropriate technological and organisational measures to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures;
(b) process that Personal Data only on the documented written instructions of the party that has provided the Personal Data;
(c) not transfer, or otherwise permit access to, any Personal Data outside of the jurisdiction in which the party is registered;
(d) refrain from disclosing Personal Data to any third parties;
(e) assist the Data controller, at the Data controller’s cost, and within the timescales reasonably specified by the Data controller or in line with the expectations set under the Data Protection Legislation, in responding to any request from a Data subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or Regulators;
(f) promptly return to the other or delete all Personal Data owned by the other party which is no longer necessary to fulfil the purpose(s) for which it was made available, unless otherwise instructed by the other party, the relevant individual or unless required by law.
11. Inspection.
BIITCO may upon reasonable advance written notice of no less than 10 business days to the Customer and during business hours inspect the premises, systems and records of Customer to ensure the certified products resulting from the Services are accessed and used in accordance with the terms of this Agreement. Such inspection shall be at BIITCO’s sole cost and expense, save and except if such inspection demonstrates that the Customer is in breach of its obligations under this Agreement, in which case the reasonable costs of inspection shall be at Customer’s sole cost and expense.
12. Warranty.
BIITCO has used commercially reasonable efforts in collecting, preparing and maintaining material for inclusion in the provision of the Services and resultant Certification. However, BIITCO does not represent or warrant that the information contained in the provision of the Services or the Certification is complete or free from errors, and does not assume, and expressly disclaims, any liability to any person(s) including, without limitation, Customer for any loss or damage caused by errors, malfunctions, inaccurate information or omissions: in the provision of the Services, or delay in the provision of the Services, the Certification, or delay in awarding the Certification, whether such errors, malfunctions, inaccurate information, omissions or delays result from negligence, accident or any other cause (excluding BIITCO’s gross negligence or wilful misconduct). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BIITCO DISCLAIMS ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, CONDITION, PERFORMANCE AND ANY WARRANTY AGAINST INFRINGEMENT.
13. Limitation of Liability.
Notwithstanding any other provision of this Agreement, in the event of any defect, omission or error in the provision of the Services or other breach of this Agreement by BIITCO or other claim brought by Customer (whether in negligence or otherwise), BIITCO’s entire aggregate liability (for any one or all claims) shall not exceed the Fees paid by Customer for the purchase of the Services during the Term. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BIITCO BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, ANY OTHER PECUNIARY LOSS, OR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, THIRD PARTY OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE PROVISION OF THE SERVICES, THE GRANTED CERTIFICATION, THE USE OR INABILITY TO USE THE SERVICES SOFTWARE OR SERVICES CONTENT FOLLOWING CERTIFICATION, OR RELIANCE ON THE CERTIFICATION BY CUSTOMER OR ANY THIRD PARTY OR PERSONS, EVEN IF BIITCO HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. Indemnification.
Customer hereby agrees to indemnify and hold harmless BIITCO and its officers, employees, agents and servants from and against any and all claims, demands, actions, causes of action, judgments, costs, attorneys’ fees, expenses and liability of any kind or nature which they may incur, suffer or be required to pay which may result, directly or indirectly, from the Services provided by BIITCO or any reliance on the Certification(s) provided by BIITCO following completion of the Services, and/or from any breach by the Customer of any of the provisions of this Agreement, unless such damages are due to BIITCO’s gross negligence or wilful misconduct.
15. Termination By BIITCO for breach.
Notwithstanding any provision of this Agreement and without prejudice to any other rights, BIITCO may immediately terminate this Agreement upon written notice to Customer if Customer breaches and such breach is capable of being remedied is not so remedied within 5 business days of notification or otherwise fails to comply with any terms and conditions of this Agreement.
15.(A) Termination by BIITCO for convenience.
BIITCO may, upon 60 days’ written notice terminate this Agreement without cause. In any event, termination of this Agreement by BIITCO under this section 15(A), Customer shall be entitled to a pro rata refund of any prepaid Fees already paid but for which the Services have not be available after the effective date of termination.
15.(B) Termination for cause by either party.
This Agreement may also be terminated immediately by written notice given to the other party, in the following cases:
(i) if the other party makes a general assignment for the benefit of creditors or files a voluntary petition in bankruptcy or petitions for reorganization or arrangement under bankruptcy laws; or
(ii) if a petition in bankruptcy is filed against the other party, or if a receiver or trustee is appointed for all or any part of the property and assets of the other party; or (iii) the other party suspends or ceases, or threatens to suspend or cease, or appears reasonably certain of imminently suspending or ceasing, the carrying on of all or a substantial part of its business.
16. Consequence of Termination.
16.1 Upon the expiry or termination of this Agreement for any reason, BIITCO shall immediately cease the provision of the Services and Customer shall destroy all copies of any BIITCO material provided to the Customer and shall refrain from making any further use whatsoever of such material. This requirement applies to all copies of the BIITCO material in whatever form, partial or complete, and whether or not modified or merged into other materials and whether or not merged with the data of Customer.
16.2 In the event a Certification has already been issued by IATA then, subject to clause 16.3, and Customer continuing to comply with clauses 7, 8, 9 and any usage provisions set out in the Agreement, Customer shall be entitled to continue to use such Certification until its first expiry date after which Customer must
(a) cease all use of the Certification and any reference to IATA, including use of the IATA name and logo and any other Certification stamp or attribution indicating the Services is certified by IATA;
(b) remove from all marketing material, website or collateral, including on the Services, all references or marks relating to the IATA Certification; and
(c) cease representing that the Services has been certified by IATA.
16.3 In the event of termination pursuant to clause 15 or 15 (B) and a Certification has already been issued by IATA then, without any liability to IATA or BIITCO, Customer’s rights to the Certification shall immediately cease and Customer must
(a) cease all use of the Certification and any reference to IATA or BIITCO, including use of the IATA and BIITCO name and logo and any other Certification stamp or attribution indicating the Services is certified by IATA;
(b) remove from all marketing material, website, or collateral, including on the Services or the Service Software itself, all references or marks relating to the IATA Certification; and
(c) cease representing that the Services has been certified by IATA.
17. Applicable Laws, Dispute.
This Agreement shall be governed by the laws of the People’s Republic of China, (excluding the law of the special administrative regions of Hong Kong and Macau and the region of Taiwan), without giving effect to principles of conflicts of laws. Any dispute resulting from the implementation or the construction of this Agreement shall be settled by arbitration under the Rules of the Beijing Arbitration Commission/Beijing International Arbitration Center (“BIAC”) then prevailing (the “Rules”) by one or more arbitrators appointed in accordance with the Rules. The case shall be administered by the BIAC. The place of arbitration shall be Beijing. The language to be used in the arbitration proceedings shall be English. Any award shall be final and binding upon the parties, and judgment on the award rendered may be entered in any court having jurisdiction.
18. Assignment.
The Customer shall not assign or transfer or permit the assignment or transfer of this Agreement without the prior written consent of BIITCO.
19. Amendments.
BIITCO reserves the right to amend these Terms and Conditions unilaterally in its absolute discretion, and Customer acknowledges BIITCO’s right to do so. Such amendments shall become effective 30 days after they are promulgated. If Customer objects to any material amendment, the Customer may terminate the Agreement by giving 60 days’ notice thereof to BIITCO. It is the Customer’s responsibility to periodically check the published Terms and Conditions to ensure they remain familiar with the Terms and Conditions.
20. Entire Agreement.
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements, understandings, negotiations, and discussions of the parties, whether oral or written. If any part of this Agreement shall be held unenforceable or invalid, such part shall be severed from this Agreement and such invalidity or unenforceability shall not in any way whatsoever affect the remaining parts of this Agreement, which shall continue in full force.
21. Waiver.
The failure by BIITCO at any time to require performance by Customer of any of its obligations shall not affect BIITCO’s rights to require such performance at any time thereafter. A waiver by BIITCO of a breach or specific delay shall not be taken or held to be a waiver of any subsequent breach or delay.
22. Headings.
The headings or captions of the articles, sections or subsections of this Agreement are for convenience and reference only.
23. Survival.
Any terms and conditions which by their nature extend beyond the term or expiry of this Agreement shall survive this includes, without limitation, the following section 4 (Fees), 7 (Intellectual Property), 8 (Confidentiality), 9 (Restrictions), 11 (Inspection), 12 (Warranty), 13 (Limitation of Liability) and 14 (Indemnification).
24. Notices.
All formal notices must be sent in writing to the addresses in the Order Form. Formal notices for BIITCO must be copied to legalnotice@iata.org.
25. Subcontracting.
BIITCO reserves the right to subcontract all or part of the Services to be delivered under this Agreement. Any subcontracting besides the assignment of a member of the pool of BIITCO and/or IATA instructors to deliver the classes listed in the Order Form will be notified in writing to the Customer.
26. Force Majeure.
BIITCO shall not be liable for delay or failure in its performance hereunder to the extent that such delay or failure is cause by Force Majeure, including without restriction, acts of God, natural disasters, fire, earthquakes, floods, explosions, pandemic, terrorism, armed conflicts and wars not yet officially declared, civil unrest, strikes or industrial disputes, vandalism, pillage, port congestion, theft, adverse weather conditions, rejections or delays in obtaining export or import licenses, embargoes, acts or any regulations of any governmental authority, communication line failure or failure and significant and disruptive fluctuation of power supply and any similar events affecting third party suppliers.
SERVICE TERMS APPENDIX TRAINING
These Service Terms are specific terms applying to the Services provided by BIITCO to the Customer under the Agreement. They are in addition to the main Terms and Conditions and form an integral part of the Agreement.
1. Additional Fees and Expenses
The following obligations for additional fees and expenses shall apply to the Services, unless otherwise specified in the Order Form:
1.1. The Customer will provide, at its cost:
1.1.1. A suitable lecture room to accommodate participants;
1.1.2. Within the lecture room, a flipchart, a projector to show PowerPoint presentations from the facilitator’s laptop, an appropriately sized screen, and a supply of paper, markers and pens;
1.1.3. Customs clearance of the course documentation and delivery to the Venue if required by local regulation;
1.1.4. Administrative assistance/back-up upon request during the Class;
1.1.5. Professional production of course material for each participant;
1.1.6. Assurance that participants will create an account and register themselves for the Class at http://training.iata.org/signinup using the enrollment key provided by BIITCO;
1.1.7. Assurance that participants will fulfill all applicable course prerequisites listed on the IATA Training webpage (www.iata.org/training) as of the date of the participant’s registration and provide BIITCO with proof of the participant’s completion of said prerequisites, upon BIITCO’s request;
1.1.8. Unless stated otherwise in the Order Form, Business class air transport on a firm booked basis for the Class instructor(s), confirmed status to be advised at least seven (7) business days before each travel date. The Customer shall arrange and supply on-line tickets, inclusive of taxes, fees and other charges. In the event the Customer is unable to confirm space on a flight within the time period mentioned above, BIITCO will purchase business class tickets and invoice the Customer for the cost of these tickets, inclusive of taxes, fees and other charges;
1.1.9. Unless stated otherwise in the Order Form, single room accommodation for each Class instructor at a four-star (or equivalent) hotel of international standard convenient to the Class venue (not including meals and incidentals). The hotel must provide e-mail connectivity, business centre facilities, laundry facilities and a secure environment for the instructors. Customer shall provide the hotel reservation to BIITCO at least seven (7) business days prior to the travel date; and
1.1.10. Safe and secure local ground transportation for each instructor between the airport and the hotel and, if necessary, daily transportation between the hotel and the venue;
1.2. BIITCO will provide, at its cost:
1.2.1. Qualified instructor(s) to deliver each Class.
1.2.2. Sufficient sets of documentation and material for each Class participant provided electronically by e-mail or any other relevant electronic mean for either Customer to print on-site and/or distribute to participants, or for participants to access directly.
1.2.3. Electronic course certificates for those participants who successfully pass the final examination.
1.2.4. Enrollment key for each participant for registration at http://training.iata.org/signinup;
1.2.5. Administrative assistance/support during the Class;
1.2.6. Unless stated otherwise in the Order Form, airfare for one trip for the Class instructor(s). In case of delay, postponement or cancellation of the Class at Customer’s request, the Customer shall be responsible for all additional costs incurred, including cancellation fees and rebooking fees;
1.2.7. Unless stated otherwise in the Order Form, accommodation for the Class instructor(s). In case of delay, postponement or cancellation of the Class at Customer’s request, the Customer shall be responsible for all additional costs incurred, including cancellation fees and rebooking fees.
2. Cancellations
2.1. Either party may cancel a training class under the Services (“Class”) or this entire Agreement, without penalty or cost, by giving prior written notice at least thirty (30) days before the commencement of any Class. Should the Client cancel a Class or this entire Agreement less than thirty (30) days prior to commencement of a Class, a pro-rata amount of the Fees due to BIITCO for the cancelled Class (or under this entire Agreement as applicable), will be payable. This pro-rata amount will be determined by BIITCO on the basis of costs incurred on administration, contractual agreements with instructors and organizations and other expenses incurred, it being understood however that this cancellation fee will not be less than:
2.1.1. Twenty-five percent (25%) of the Fees due to BIITCO for the cancelled Class (or under this entire Agreement, as applicable) if cancelled between thirty (30) and twenty-one (21) days before the starting date of the Class;
2.1.2. Fifty percent (50%) of the Fees due to BIITCO for the cancelled Class (or under this entire Agreement, as applicable) if cancelled less than twenty-one (21) days before the starting date of the Class.
2.2. The parties may, upon written notice at least twenty-one (21) days before the scheduled starting date of a Class, postpone the said Class until the earlier of (a) six (6) months from the date it was originally scheduled, or (b) three (3) months from the scheduled end date of the last Class scheduled to be held pursuant to the corresponding Order Form for the Services. Should the Client postpone a Class less than twenty-one (21) days prior to commencement of such Class, Client agrees to pay to BIITCO an additional fifty percent (50%) of the Fees due to BIITCO for the postponed Class (in order to cover additional expenses). Unless BIITCO receives corresponding signed Order Form for the Services at least twenty-one (21) days before the first scheduled starting date of the Classes, BIITCO reserves the right to postpone the Classes.
3. Video recording
3.1. You hereby agree that BIITCO training sessions may be recorded and photographed, and as such hereby grant your consent to be recorded, and photographed, and you allow BIITCO the right to use these recordings, and/or photographs singularly or in conjunction with other recordings and/or photographs for advertising, publicity, commercial, or other business purposes.
3.2. You agree that the term "photograph" or “photographed” as used includes still photographs and video footage.
3.3. You further consent to the reproduction by BIITCO and authorize BIITCO to reproduce and use the said photographs and recordings for use in all domestic and foreign markets in formats including, but not limited to, the internet, social media channels and classroom projections. 3.4. You hereby release BIITCO, and any of its employees and customers, from all claims of every kind on account of such use.
4. Data Privacy and Consent
4.1. In this Agreement, “Personal Data” refers to any information relating to an identified or identifiable individual, such as a name, an identification number, an online identifier, etc. made available by one party to the other party. “Process” or “Processing” shall mean any operation performed on the Personal Data such as collection, use, storage, disclosure, etc. Where Personal Data will be communicated under the terms of this Agreement, each of the parties agrees:
(a) That it is responsible for complying with any obligations applying respectively to each of the parties under applicable data privacy laws and regulations. A particular attention shall be given to the information of the individuals and the respect and the exercise of their different rights on or in relation to their Personal Data;
(b) To refrain from requesting Personal Data beyond what is necessary to fulfil the purpose(s) for which it is requested, which purpose(s) for requesting Personal Data shall be specified and legitimate;
(c) To agree in advance as to the categories of Personal Data which are required to be made available pursuant to this Agreement and monitor that they are complete, accurate and relevant having regard to the purpose for which they are processed;
(d) To adopt appropriate technological and organisational security measures in order to protect Personal Data, having regard to the level of risk;
(e) That Personal Data will only be processed to fulfil the purposes(s) for which it was made available;
(f) To ensure that any third party to whom Personal Data is transferred is bound by the same level of protection defined in this Agreement;
(g) To respect any applicable legal requirement regarding cross-border transfers of Personal Data;
(h) To reasonably co-operate with the other party in connection with its own compliance with applicable law and to reimburse the other for any excessive or manifestly unfounded charges incurred in providing each other assistance;
(i) To amend and update Personal Data upon receiving instructions to do so from the other party and/or directly from the individual concerned; and
(j) To promptly return to the other party or delete all Personal Data owned by the other party which is no longer necessary to fulfil the purpose(s) for which it was made available, unless otherwise instructed by the other party, the relevant individual or unless required by law.
4.2. Participants expressly consent to BIITCO using your personal data for the purposes of delivering the Services and performing any services directly related thereto, including without limitation, the provision of training courses and Classes.
4.3. Participants further expressly consent to BIITCO transferring their personal data to its subcontractors, their employees and their subcontractors, for the purposes of (i) delivering the Services(s), (ii) performing services directly related to the Services(s), including without limitation, the performance of any remote proctoring services, and (iii) collecting and processing personal data required in the delivery of the Services(s) and services directly related thereto.
4.4. For the avoidance of doubt, BIITCO shall include any employee and consultant, as the case may be, who are providing or delivering the Services(s) and Class(es) directly related thereto.