REFUND AND CONFIDENTIALITY AGREEMENT
This Refund and Confidentiality Agreement (this “Agreement”) is entered into as of THE DATE SIGNED UPON COMPLETION AND SUBMISSION OF THIS FORM.
Disclosing Party: OPTIMA ELECTRICAL TRAINING as a
☐ Corporation ☒ Limited Liability Company ☐ Partnership ☐ Limited Partnership ☐ Limited Liability Partnership ("Disclosing Party") and
Receiving Party: ☒ Individual
☐ Corporation ☐ Limited Liability Company ☐ Partnership ☐ Limited Partnership ☐ Limited Liability Partnership ("Receiving Party")
Disclosing Partyand Receiving Party have indicated an interest in exploring a potential business relationship relating to: The refund of course fees.
TOTAL AMOUNT TO BE REFUNDED: £1,475
Please note, any course package discounts will be removed as detailed within our refund policy. www.optima-ect.com/refund-policy
In connection with its respective evaluation of the Transaction, each party, their respective affiliates and their respective directors, officers, employees, agents or advisors (collectively, “Representatives”) may provide or gain access to certain confidential and proprietary information. A party disclosing its Confidential Information to the other party is hereafter referred to as a “Disclosing Party.” A party receiving the Confidential Information of a Disclosing Party is hereafter referred to as a “Receiving Party.” In consideration for being furnished Confidential Information, Disclosing Party and Receiving Party agree as follows:
1. Confidential Information.Confidential information is: (Check one)
☒ All information shared by Disclosing Party. "Confidential Information" shall mean (i) all information relating to Disclosing Party’s products, business and operations including, but not limited to, financial documents and plans, customers, suppliers, manufacturing partners, marketing strategies, vendors, products, product development plans, technical product data, product samples, costs, sources, strategies, operations procedures, proprietary concepts, inventions, sales leads, sales data, customer lists, customer profiles, technical advice or knowledge, contractual agreements, price lists, supplier lists, sales estimates, product specifications, trade secrets, distribution methods, inventories, marketing strategies, source code, software, algorithms, data, drawings or schematics, blueprints, computer programs and systems and know-how or other intellectual property of Disclosing Party and its affiliates that may be at any time furnished, communicated or delivered by Disclosing Party to Receiving Party, whether in oral, tangible, electronic or other form; (ii) the terms of any agreement, including this Agreement, and the discussions, negotiations and proposals related to any agreement; (iii) information acquired during any tours of Disclosing Party’s facilities; and (iv) all other non-public information provided by Disclosing Party whosoever. All Confidential Information shall remain the property of Disclosing Party.
2. Non-Disclosure of Transaction.Without Disclosing Party’s prior written consent, neither Receiving Party nor its Representatives shall disclose to any other person, except to the extent, the provisions of Paragraph 2 apply: (a) the fact that Confidential Information has been made available to it or that it has inspected any portion of the Confidential Information; (b) the fact that Disclosing Party and Receiving Party are having discussions or negotiation concerning the Transaction; or (c) any of the terms, conditions or other facts with respect to the Transaction.
3. Social Media: The Receiving Party commits to keeping all details concerning this refund agreement confidential and refrains from posting any feedback or reviews that could harm the business on social media, search engines, review websites, or any other online or print publications.
☐ During the term of Receiving Party’s relationship with Disclosing Party.
☒ From the date of this Agreement until PERPETUITY.
4. Representatives. Receiving Party will take reasonable steps to ensure that its Representatives adhere to the terms of this Agreement. Receiving Party will be responsible for any breach of this Agreement by any of its Representatives.
5. Disclaimer. There is no representation or warranty, express or implied, made by Disclosing Party as to the accuracy or completeness of any of its Confidential Information. Except for the matters set forth in this Agreement, neither party will be under any obligation with regard to the Transaction. Either party may, in its sole discretion: (a) reject any proposals made by the other party or its Representatives with respect to the Transaction; (b) terminate discussions and negotiations with the other party or its Representatives at any time and for any reason or for no reason; and (c) change the procedures relating to the consideration of the Transaction at any time without prior notice to the other party.
6. Remedies.Each party agrees that use or disclosure of any Confidential Information in a manner inconsistent with this Agreement will give rise to irreparable injury for which: (a) money damages may not be a sufficient remedy for any breach of this Agreement by such party; (b) the other party may be entitled to specific performance and injunction and other equitable relief with respect to any such breach; (c) such remedies will not be the exclusive remedies for any such breach, but will be in addition to all other remedies available at law or in equity; and (d) in the event of litigation relating to this Agreement, if a court of competent jurisdiction determines in a final non-appealable order that one party, or any of its Representatives, has breached this Agreement, such party will be liable for reasonable legal fees and expenses incurred by the other party in connection with such litigation, including, but not limited to, any appeals.
7. Notices. All notices given under this Agreement must be in writing. A notice is effective upon receipt and shall be sent via one of the following methods: delivery in person, overnight courier service, certified or registered mail, postage prepaid, return receipt requested, addressed to the party to be notified at the below address or by facsimile at the below facsimile number or in the case of either party, to such other party, address or facsimile number as such party may designate upon reasonable notice to the other party.
8. Termination.This Agreement will terminate on the earlier of:
(a) the written agreement of the parties to terminate this Agreement.
(b) the consummation of the Transaction or
(c) 10 (Check one) ☐ months ☒ years from the date hereof.
9. Amendment. This Agreement may be amended or modified only by a written agreement signed by both of the parties.
10. Jurisdiction.This Agreement shall be governed by and interpreted according to the law ofEngland and Walesand all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of theEnglish and Welshcourts.
The parties have signed this Agreement on the date the below form has been completed by the Receiver.
Refunds are processed working in line with our refund policy.
To facilitate the processing of your refund, we kindly request your completion of the form below. Refunds will be disbursed within a 3-day period. Your cooperation is greatly appreciated.
