1.
INTRODUCTION
1.1
General
1.1.1
These terms and conditions (this “Service Description”) is subject to the applicable agreement to which this Service Description is attached or, if none, the applicable written agreement between Ciena and customer (“Customer”) that governs Customer’s accepted purchase order for these services (each, herein, the “Agreement”). This Service Description describes the service elements, features, activities, and deliverables, related to the provision of the learning technology certifications (the “Service”). The specific term and type of Service purchased by Customer will be documented in the applicable quote issued to Customer and accepted by Customer’s placement of a purchase order.
1.1.2
The technologies covered by this Service may include Ciena Routing & Switching and/or Optical Communications. The Service and support period (“Coverage Period”) are as set out in the applicable quote.
1.1.3
In the event of a conflict between the terms of this Service Description and the Agreement, the terms of this Service Description shall prevail.
1.2 Service Summary
1.2.1
The Service is a set of certification training and exams providing in-depth technology training for network professionals with various levels of expertise. All learners must start with an Associate technology certification. Once the Associate level certification is achieved, Customer can choose to obtain a Professional and/or Consultant technology certification per each technology.
1.2.2Certification levels defined:
1.2.2.1
“Associate” level provides a vendor-neutral understanding of the fundamentals and theories behind the applicable technology.
1.2.2.2
“Professional” level provides master specialized knowledge and vendor-neutral concepts to deploy the applicable solution in Customer’s network.
1.2.2.3
“Consultant” level helps with determining, planning and designing vendor-neutral network solutions.
Levels of certification per technology type:
2.0 FEATURE OVERVIEW
The technology certifications available pursuant to this Service Description are designed to provide knowledge and understanding through classroom or web-based learning and study guides. Earning an industry recognized technology certification helps Customer and its staff demonstrate its expertise, become subject matter experts, and enhance its professional profiles. Once learning is completed, learners may:
2.1 Take the applicable online certification exams to earn their certification, which is good for three (3) years. Each learner has two (2) opportunities to pass the certification exam. Following a second failed attempt, that learner must re-purchase another two (2) opportunities to take the certification exam. That learner may also elect to re-purchase the course in its entirety and enroll in the class again.
2.2 Prior to three (3) years from the date of the original certification award, participants may re-take the exam to become recertified. Recertification will be good for an additional three (3) years. While a participants Associate level certification is current, if that participant opts to purchase, enroll, and obtain an advanced certification (e.g., the participant currently has an Associate level certification and that participant can purchase a Professional or Consultant level certification) prior to their Associate certification’s expiration date, that participant’s Associate certification will be automatically extended to be commensurate with the Professional/Consultant certification expiration date.
2.3 Once a certification lapses (beyond three (3) years from the date of the original certification award), participants must re-take the entire learning course prior to becoming eligible to take the certification exam in order to become re-certified.
2.4 Once Customer purchases and enrolls its learners into the appliable course, each learner will receive a student guidebook in electronic format, which will assist the learner in the course and subsequent exam. Student guidebooks are available in hard copy at an additional cost, per Customer’s written request.
2.5 Associate level certification learning is available in either a self-paced/web-based format or as instructor-led (e.g., virtual or in-person).
2.6 Consultant and Professional level certifications (where applicable) are available as instructor-led (e.g., virtual or in-person) only.
2.7 Free pre-assessments (practice tests) for the Associate level certifications are available on the Ciena learning portal (no purchase necessary). If a learner takes a pre-assessment and passes it with a score of 90% or higher on their first attempt, that learner is authorized to bypass the Associate level learning courses and take the Associate level certification exam immediately. The certifications exams are fee-based and can be purchased directly in the Ciena learning portal or via Customer’s respective Ciena account team. If the learner fails both attempts at the certification exam, that learner must enroll in the applicable learning courses (i.e., the courses associated with technology level) and re-purchase the certification exam.
2.8 Once the learner has completed the Ciena course (either instructor-led or wed-based, as applicable) that learner will continue to be able to review the course materials (e.g., the study guides) to assist in passing the applicable certification exam.
2.9 Learning Delivery Option: Web-based Associate Certification Courses
Web-based certification courses provide Customer the ability to obtain Service courseware in an online, self-paced format for the entirety of the course (and the subsequent exam). Only Associate level Certification courses may be taken in a web-based format. Consultant and Professional level courses must be taken in an Instructor-led format.
2.9.1 Ciena Responsibilities
2.9.1.1 Provide access to the Service courseware that Customer has purchased and enrolled in.
2.9.1.2 Provide an activation email to Customer with instructions and detail on how to complete the course.
2.9.1.3 If learner elects to take the exam, upon exam completion with a passing score of 80% or higher, issue a badge to the network professional which can be used to promote their success online, in email signatures, etc. Ciena will provide access to a downloadable certificate of completion via the Ciena learning portal.
2.9.2 Customer Responsibilities
2.9.2.1 Register a Ciena account on the Ciena customer portal - (https://my.ciena.com) and sign into account; or, if a Ciena channel partner, register a Ciena account and log in via the Partner portal - (https://partners.ciena.com).
2.9.2.2 Limit access to the portal/courseware to the number of learners specified in the applicable quote and accepted purchase order for the Service.
2.9.2.3 Protect and require authorized learners to protect respective profile information and password(s) from unauthorized use or disclosure.
2.10 Learning Delivery Option: Private/Dedicated Instructor-led Certification Training
Private/Dedicated Instructor-led courses provide the Customer the ability to obtain Service courseware in an in-person or virtual structured format for the entirety of the course. This is available for all certification levels. Instructor-led training is restricted to a maximum of twelve (12) learners.
2.10.1 Ciena Responsibilities
2.10.1.1 Schedule the date(s), instructor, and other resources based on Ciena and Customer’s availability.
2.10.1.2 Provide all necessary courseware and login to specific systems (as necessary).
2.10.1.3 Maintain and update class roster.
2.10.1.4 If learner elects to take the exam, upon exam completion with a passing score of 80% or higher, issue a badge to the network professional which can be used to promote their success online, in email signatures, etc. Ciena will provide access to a downloadable certificate of completion via the Ciena learning portal.
2.10.2 Customer Responsibilities
2.10.2.1 Register a Ciena account on the Ciena customer portal - (https://my.ciena.com) and sign into account; or, if a Ciena channel partner, register a Ciena account and log in via the Partner portal - (https://partners.ciena.com).
2.10.2.1 Respect the maximum number of attendees (not to exceed twelve (12) named learners per class). If Customer has more than twelve (12) learners it wants to enroll in a course, Customer must request for an additional course to be added.
2.10.2.1 Provide a class roster at least three (3) weeks before class start date.
2.10.2.1 Limit access to the portal to the number of learners specified in the applicable quote and accepted purchase order for the Service.
2.10.2.1 Protect and require authorized learners to protect respective profile information and password(s) from unauthorized use or disclosure.
2.11 Learning Delivery Option: Public/Seat-based Instructor-led Certification Training
Public/Seat-based Instructor-led courses provide the Customer the ability to obtain Service courseware in a virtual, structured format for the entirety of the course. This option is available for all certification levels. Instructor-led training is restricted to a maximum of twelve (12) learners.
2.11.1 Ciena Responsibilities
2.11.1.1 Enrollment of named learners included in purchase of public certification course into one course session.
2.11.1.2 Provide access to the registration for the virtual certification session to each learner.
2.11.1.3 Provide an enrollment confirmation email with access instructions to each learner.
2.11.1.4 If learner elects to take the exam, upon exam completion with a passing score of 80% or higher, issue a badge to the network professional which can be used to promote their success online, in email signatures, etc. Ciena will provide access to a downloadable certificate of completion via the Ciena learning portal.
2.11.2 Customer Responsibilities
2.11.2.1 Register a Ciena account on the Ciena customer portal - (https://my.ciena.com) and sign into account; or, if a Ciena channel partner, register a Ciena account and log in via the Partner portal - (https://partners.ciena.com).
2.11.2.2 Limit access to the portal, to the number of learners specified in the applicable quote and accepted purchase order for the Service (not to exceed twelve (12) learners).
2.11.2.3 Protect and require authorized learners to protect respective profile information and password(s) from unauthorized use or disclosure.
2.12 Online Associate Level Pre-assessment exam
Online Associate level pre-assessment exam allows Customer’s individual learners to test their knowledge of a specific Associate level technology. If the applicable learner passes the pre-assessment exam with over 90% or higher on first attempt, that specific learner does not need to take the classroom or web-based learning, but only purchase the applicable technology exam. Customer’s learner must then pass the technology exam in order to become officially certified. If the learner fails both attempts at the certification exam, that learner must purchase and enroll in the applicable learning courses (i.e., the courses associated with that technology type) and re-purchase the certification exam.
2.12.1Ciena Responsibilities
2.12.1.1 Grant learner access to Ciena learning portal.
2.12.1.2 Provide learner with free access to the Associate level pre-assessment exams.
2.12.1.3 If a learner passes a pre-assessment with a score of 90% or higher on their first attempt, provide that applicable learner with the ability to purchase the corresponding associate level certification exam without having to take the remainder of the course.
2.12.1.4 Upon exam completion with a passing score of 80% or higher, issue a badge to the network professional which can be used to promote their success online, in email signatures, etc. Ciena will provide access to a downloadable certificate of completion via the Ciena learning portal.
2.12.2 Customer Responsibilities
2.12.2.1 Register a Ciena account on the Ciena customer portal - (https://my.ciena.com) and sign into account; or, if a Ciena channel partner, register a Ciena account and log in via the Partner portal - (https://partners.ciena.com).
2.12.2.2 Limit access to the portal, to the number of learners specified in the applicable quote and accepted purchase order for the Service.
2.12.2.3 Protect and require authorized learners to protect respective profile information and password(s) from unauthorized use or disclosure.
2.13 Ciena Technology Certification Exams
Customer (and its designated learners) are required to take the technology certification exam to become certified for a particular technology and a particular certification level. Customers’ learners must achieve a score of eighty percent (80%) or higher to gain certification. Each purchase of the exam allows for a learner to have two (2) attempts to pass the certification exam. There are three (3) ways in which a learner can reach the exam stage:
• A learner (or Customer, on behalf of its learners) may first purchase and enroll in the applicable course and then purchase and take the subsequent exam. Each learner has two (2) opportunities to pass the certification exam. Following a second failed attempt, that learner must re-purchase the course in its entirety and enroll and participate in the applicable course. Following completion of the course, the learner must also re purchase the exam, which will then allow the learner to have two (2) additional attempts to take the certification exam.
• A learner (or Customer, on behalf of its learners) may purchase and enroll in the applicable course and, if (and only if) it is an Associate level course, may opt to take the online pre-assessment exam. Should the learner pass the pre-assessment exam (pursuant to Section 2.5 above), that learner may bypass the course in its entirety and instead opt to purchase the applicable exam and sit for such exam. The learner will have two (2) opportunities to pass the certification exam. Following a second failed attempt, that learner must re-purchase the course in its entirety and enroll and participate in the applicable course. Following completion of the course, the learner must also re purchase the exam, which will then allow the learner to have two (2) additional attempts to take the certification exam.
•A learner (or Customer, on behalf of its learners) may purchase and enroll in the applicable course and take the subsequent exam prior to completing the course. Each learner has two (2) opportunities to pass the certification exam. This option (to bypass the course in its entirety) is only available one (1) time per learner. Following a second failed attempt, that learner must re-purchase the course in its entirety and enroll and participate in the applicable course. Following completion of the course, the learner will have the opportunity to have two (2) additional attempts to take the certification exam.
2.13.1Ciena Responsibilities
2.13.1.1 Grant learner(s) access to Ciena learning portal.
2.13.1.2 Provide learners with access to the purchased technology exam.
2.13.1.3 If learner passes the exam with a score of 80% or higher on learners’ first or second attempt, Ciena will provide that learner with the corresponding certification badge and downloadable certificate for their records.
2.13.2Customer Responsibilities
2.13.2.1 Register a Ciena account on the Ciena customer portal - (https://my.ciena.com) and sign into account; or, if a Ciena channel partner, register a Ciena account and log in via the Partner portal - (https://partners.ciena.com).
2.13.2.2 Limit access to the portal to the number of learners specified in the applicable quote and accepted purchase order for the Service. Protect and require authorized network professionals to protect respective profile information and password(s) from unauthorized use or disclosure.
3.0 GENERAL RESPONSIBILITIES, ASSUMPTIONS AND TERMS
3.1Ciena’s provision of the Service is dependent on Customer’s compliance with its responsibilities as listed in this Service Description. If Customer fails to comply with its responsibilities, Ciena shall not be responsible for any delay or nonconformance(s) with respect to the performance of the Service to the extent arising directly or indirectly from such failure by Customer.
3.2 The material and content included in all Ciena training products is proprietary and protected by copyright laws of the United States of America and other countries. It may not be replicated, reproduced or distributed in any form by any means, altered in any fashion, or stored in a database or retrieval system, without the express written permission of Ciena Corporation.
3.3 While the information in Ciena training products is believed to be accurate and reliable, CIENA PROVIDES THE CONTENT “AS IS” WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. The information and/or products described in Ciena training products are subject to change without notice.
3.4 Customer General Responsibilities
3.4.1 Appoint a project manager to engage with Ciena during the course of this Service.
3.4.2 Provide any specialized training of Ciena personnel required for onsite access.
3.4.3 Promptly supply Ciena with reasonably requested and necessary technical data (e.g., network diagrams) and other information to allow Ciena to provide the Service in a timely manner.
3.4.4 Back-up and protect all Customer data against loss, damage, theft, or destruction.
3.4.5 Maintain a reasonable information security and data privacy program with appropriate technical, administrative, and physical safeguards.
3.4.6 Upon completion of this Service, change the authenticators (for example, passwords, certificates, etc.) of all Customer systems involved in the project.
3.4.7Identify any dependencies for out-of-scope hardware, software and/or services.
3.4.8 Notify Ciena in advance of any updates or changes planned in the Customer’s environment.
3.5 Ciena Proprietary Information
3.5.1 Ciena training content is proprietary and copyrighted information; any replication of such material, or use of it other than to install, operate, and/or maintain Ciena products, must have the prior written consent of Ciena’s training organization.
4.0 PAYMENT TERMS; MODIFICATIONS TO ORDER
4.1 Payment terms
4.1.1 Customer may pay for the Services hereunder by submitting a purchase order, paying by credit card via the online portal, or by using Customer’s training credits (as applicable). If Customer is buying the Services via purchase order, pricing for the Service will be per the Ciena-provided quotation. Unless otherwise stated in the Agreement, the Service may be invoiced by Ciena upon Ciena making the Service available to Customer. Payment is due net thirty (30) days from the date of issuance of Ciena’s invoice. For the avoidance of any doubt, if the Agreement contains payment and invoicing terms different from this Service Description, the terms in the Agreement shall prevail.
4.2 Modifications to Order
4.2.1 If Customer purchased a certification level/technology and either: a) that specific certification level/technology is on a product that is no longer available (i.e., a retired product), or b) Customer purchased a different certification level/technology than what Customer had intended to purchase, Customer may swap its purchase for another available certification level/technology that is equal (or lesser) in value according to the following terms and conditions:
4.2.1.1 If Customer purchased the Service via purchase order, Customer must notify Ciena in writing (support@cienalearning.freshdesk.com) of Customer’s desire to swap the certification level/technology for a different certification level/technology. Ciena will work with Customer to cancel the original purchase order and instruct Customer to submit a new purchase order with the correct course details. Alternatively, if Customer elects to swap the original certification level/technology with a different certification level/technology that is of equal or lesser value to the original certification level/technology purchased, Customer does not need to cancel the original purchase order. Ciena can make the change on the original purchase order upon receiving written notice of Customer’s intent to do so. Customer may only utilize this option if the original certification level/technology which had been purchased has not been launched or attended.
4.2.1.2 If Customer purchased the Service via credit card, Customer must notify Ciena in writing of Customer’s desire to swap the certification level/technology for a different certification level/technology within forty-eight (48) hours of purchase of the original certification level/technology. Ciena will work with Customer to cancel the original enrollment and enroll Customer into the correct certification level/technology. The correct certification level/technology must be of equal or lesser value to the original certification level/technology purchased. Customer may only utilize this option if the original certification level/technology which had been purchased has not been launched or attended.
4.2.1.3 If Customer purchased the Service via training credits, Customer must notify Ciena in writing of Customer’s desire to swap the certification level/technology for a different certification level/technology. Ciena will work with Customer to cancel the original certification level/technology enrollment and enroll Customer into the correct certification level/technology. The correct certification level/technology must be of equal or lesser value to the original certification level/technology purchased, unless Customer elects to use more credits for a certification level/technology of higher value. Customer may only utilize this option if the original certification level/technology which had been purchased has not been launched or attended.
4.2.2 For the avoidance of any doubt, Customer may not return any purchased course for a refund (including of training credits). If Customer exercises its right under this Subsection 4 to exchange the original course purchased, and the original course is swapped for a different course of lesser value, no refunds or credits will be issued.
4.2.3 For the avoidance of any doubt, any Virtual Instructor Led Training (“VILT”) days made available to Customer via purchase of the Premier Learning Tier expire after the twelve (12) month period of the Premier Learning Tier subscription. No refunds or credits will be issued for unused VILT days.
4.3 Reperformance
4.3.1 If Customer is unsatisfied with the Service purchased hereunder, Customer may notify Ciena in writing setting forth in detail any nonconformity of the Service. Such notice must be given to Ciena within forty-eight (48) hours after Customer becomes aware of the nonconformity. Customer’s sole remedy for non-conforming Services performed under this Service Description is re- performance of the non-conforming Services.
5.0 Rescheduling and Cancellation Fees
5.1 All cancellation/rescheduling fees pursuant to this Section are at Ciena’s sole discretion. For the purposes of this Service Description, “Confirmed Start Date” shall mean once (a) Ciena and Customer have an agreed upon date for the class(es) and (b) once Customer has submitted a method of payment.
5.2 Instructor-led training classes purchased under: (a) Custom Instructor Led-Training or (b) a dedicated/private course under the Premier Learning Tier that are cancelled and/or rescheduled by the Customer are subject to the following cancellation/rescheduling fees (at Ciena’s sole discretion):
5.2.1 Cancellation/rescheduling more than twenty (20) business days in advance of the Confirmed Start Date of the class: no charge.
5.2.2 Cancellation/rescheduling fifteen (15) – twenty (20) business days in advance of the Confirmed Start Date of the class: 25% of quoted price of the class
5.2.3 Cancellation/rescheduling six (6) – fourteen (14) business days in advance of the Confirmed Start Date of the class: 50% of quoted price of the class
5.2.4 Cancellation/rescheduling five (5) or fewer business days in advance of the Confirmed Start Date of the class: 100% of quoted price of the class
5.3 Public seat instructor-led virtual hands-on sessions included in the Premier Learning Tier are subject to the following cancellation/rescheduling fees (at Ciena’s sole discretion):
5.2.1 Cancellation/rescheduling more than ten (10) business days in advance of the published start date of the class: no charge.
5.2.2 Cancellation/rescheduling three (3) – ten (10) business days in advance of the start date of the class: 25% of quoted price of the class
5.2.3 Cancellation/rescheduling two (2) or fewer business days in advance of the start date of the class: 100% of quoted price of the class