In addition to any other remedies it may have, either party may also terminate this Agreement upon thirty (30) days’ notice (or without notice in the case of non-payment), if the other party materially breaches any of the terms or conditions of this Agreement. In the Initial Service Term, Client will pay an early termination fee according to the following structure:
To the maximum extent permitted by law:
Administrative User means an Employee of a Client who is given Administrator Permissions on the Platform.
Administrator Permissions means the ability to edit and delete the Client’s Content, Users, and Features on the Platform.
Client means any person who orders, purchases, applies for, commences, initiates a trial, test or other preliminary use of or otherwise uses the Small Batch Learning Platform, Content, the Software or any of the Services, and includes: (a) any representative authorised by such person (whether actual, implied or ostensible) to do any of the foregoing or to accept these Terms (in these Terms, the Client is also referred to as “you” or “your”).
Client Content means Content uploaded, transmitted or posted to the Services by a Client and includes any Client Data so provided.
Client Data non-public data provided by the Client to Small Batch Learning to enable the provision of the Services.
Content means all software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including its selection and arrangements.
Course means a course or other resource for instructing, educating, training, learning and/or tutoring and includes mobile applications and related and/or supporting materials.
Customise means adapt Small Batch Learning Content to suit the needs of the Client using the Customise Feature.
Customised Content means any content that a Client has created using the Customise Feature.
Employer means the Client that has entered into the Services Agreement.
Feature means any Software developed by Small Batch Learning for a specific purpose on the Platform.
Implementation Fees has the meaning given to it in clause 7.1.
Implementation Services means that part of the Services, including any training that Small Batch Learning may offer at its discretion, provided by Small Batch Learning to enable the Client to commence to use the Platform.
Initial Service Term means the initial term, being 12 months from the commencement of the Services Agreement, or other term agreed between Small Batch Learning and the Client, whichever is greater, during which the Services are provided.
Intellectual Property means all intellectual property rights, including the following rights:
(a) patents, copyright, rights in circuit layouts, designs, trade and service marks (including goodwill in those marks), domain names and trade names and any right to have confidential information kept confidential; (b) any application or right to apply for registration of any of the rights referred to in paragraph (a); and (c) all rights of a similar nature to any of the rights in paragraphs (a) and (b) that may subsist anywhere in the world (including Australia), whether or not such rights are registered or capable of being registered.
Internal Use means any Licenses issued for Paid Courses are only to be used by Employees of the Client.
License means a single-user access to a locked course.
License Fee has the meaning given to it in clause 7.1.
Materials means documents, information, materials (including marketing materials) and communications, provided or made available by or through Small Batch Learning, including through the Website and learning management portal, and includes Small Batch Learning Content.
Paid Course means a licensed course on the platform that can be accessed by paying the License Fee.
Platform means Small Batch Learning’s website at https://www.smallbatchlearning.com
Renewal Term means the term(s), following the Initial Service Term, for the continuing provision of the Services, as defined in clause 8.1.
Service Capacity means the limit of the Services available to the Client.
Services means all services supplied by Small Batch Learning to the Client and/or the User via the Website or other means, including marketing, promoting, facilitating, offering, hosting and providing Courses, providing access to Software and access to or licensing of specific Courses and includes the Implementation Services, as may be detailed more specifically at the discretion of Small Batch Learning in a Services Agreement.
Services Agreement means a document or subscription or order form that particularises details of the Services, which may include details of the Course(s), Fees, Term, Software and other related matters and which may be in the form of a written document or available on line, including on or through the Platform.
Services Order Form means a document or subscription or order form that particularises details of the Services, which may include details of the Course(s), Fees, Term, Software and other related matters and which may be in the form of a written document or available on line, including on or through the Website.
Services Fees means the Implementation Fees, Service Fees and License Fees.
Small Batch Learning means Small Batch Learning PTE LTD (UEN 201428212H).
Small Batch Learning Content means Content published or otherwise provided by or through Small Batch Learning, excluding Client Content.
Software means the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services.
Tax Invoice means the invoice that is generated for tax purposes.
Term means the Initial Service Term plus the Renewal Term, as described in clause 8.1.
User means a person who in any way uses the Platform, the Software or any of the Services (a User may also be a Client).