Terms & Conditions

Terms & Conditions

Terms and Conditions of Enrolment

Please read the following Terms and Conditions carefully as it is important that you understand and comply with all of the terms and conditions applicable to participants of Digital Skills Academy programmes.

Definitions

The following expressions shall have the following meaning:

Digital Skills Academy

Digital Skills Academy (DSA), ‘The Academy’ (or its nominees) is an International Higher Education and Training organisation offering online training, education and certification to global participants.

International Degree Programme

The International Degree Programme to be provided by the Academy to the Participant shall be for a specified duration and shall comprise of an education and training programme.

Participant

An applicant who has satisfied the entry criteria for admission, and is subsequently enrolled on a Digital Skills Academy programme.

Sponsored Participant

A participant whose programme fees are paid in whole or in part by his/her employer.

Confidential Information

Including, but not limited to, all information which is not publicly known including the business, finances, technology (including without limitation the Software and the Documentation), trade secrets and any other commercially sensitive information.

Development Services

Services including but not limited to software development, content development, marketing plans, project management, product management, procurement, consulting, computer programming services, digital marketing, user experience design, interface design, front-end development, and concepts.

Digital product(s) or service(s)

The digital product(s) or service(s) to be created, developed, published or marketed by the Participant for the Industry Partner known under one or more agreed project name/ domain name.

Entry Criteria

The minimum aptitude, plus education and/or experience required, as prescribed per programme, to be eligible for consideration by the Admissions Board for entry onto a programme of study.

Enrolment Agreement
Acceptance in writing and/or payment for a place on a programme, including by electronic means, of a place on a programme, represents entering into a formal enrolment agreement with the Academy within the scope of both the Declaration on the Application for Admission form and these Terms and Conditions. Acceptance of the Declaration on the Application for Admission form is automatic acceptance of these terms and conditions.

Computer Equipment & Systems

Any resource provided for use by the Participant for the purposes of the Programme, including computer platforms, systems and software.

Implementation Plan

The timing and sequence of events agreed between the Academy, the Participant and the Industry Partner.

Industry Partner

A company or organisation that collaborates with DSA and avails of the opportunity to access the latest digital technologies and innovation processes by offering projects for development by international teams of participants of DSA programmes for the duration of their degree programme.

Intellectual Property (IP) and Intellectual Property Rights (IPR)

All intellectual property rights, including copyright (present and future) and other intellectual property rights, howsoever arising and in whatever media, whether or not registered, including (without limitation) moral rights, patents, trademarks, service marks, trade names, design rights and database rights (whether or not any of these is registered and including any applications for registration of any such rights), know-how, confidential information and trade secrets and any applications for the protection or registration of these rights and all renewals and extensions thereof throughout the world.

Programme Content (or ‘Content’)

Text, images, video, audio, works of authorship, applications, multimedia, learning designs, learning resources, and any other materials or programming or content production systems, documentation, specifications, manuals and other data or material of any nature which are provided to the Participant by DSA.

Software

Software provided by the Academy to enable digital products or services to be created, published and marketed by the Participant for the Industry Partner.

1. Participant Agreement and Enrolment:

Acceptance in writing of, including by electronic means, and payment for, a place on the programme, represents entering into a formal agreement with Digital Skills Academy Limited (“the Academy”) within the scope of these Terms and Conditions and the Declaration on the Application for Admission form. Acceptance of the Declaration on the Application for Admission form is automatic acceptance of these terms and conditions.

2. Enrolment and Fees:

Enrolment on a programme includes engagement in a commercial contract with Digital Skills Academy and committal to the irrevocable obligation to pay programme tuition fees as prescribed in the Programme Fee Plan. The chosen fee plan will remain in place for the duration of the programme and can only be changed by the approval in writing of DSA.

Programme completion and accreditation is contingent on:

(i) Fulfilment of all fee payment obligations, and
(ii) Enrolment in good standing, where it is assumed that educational qualifications and work experience details provided by the applicant to gain admittance onto the programme are wholly accurate.

We reserve the right to verify such information using appropriate means. Should issues with accuracy emerge as a result, programme results and accreditation will be withheld.
Where the employer of a sponsored participant requests details of that participant’s engagement with the programme, the participant consents to the release of a percentage-based reports of his/her engagement with lectures and workshops, interaction with other participants and assessment completion. Specific ratings of assessment performance will not be included in such a report.

3. Obligations of the Academy:

For the duration of the programme the Academy shall:

3.1. Offer the Participant professional individual and team training

3.2. Honour other relevant obligations arising from this Agreement

4. Obligations of the Participant:

For the duration of the programme the Participant shall:

4.1. Participate in the programme to the best of their abilities, utilise the eLearning Lectures, and attend the online classes / sessions / tutorials or otherwise as scheduled by the Academy.

4.2. Utilise the Academy’s technologies and training to create digital products and/or services for Industry Partners to which the Participant is assigned.

4.3. Be available, to an extent that can be reasonably expected, to Industry Partners to which the Participant is assigned for hours to be agreed between the Participant, the Academy and the Industry Partners.

4.4. Use reasonable endeavours to meet deadlines set by Industry Partners to which the Participant is assigned in respect of the development of digital products/ services.

4.5. Comply with all obligations / duties set out in this Agreement.

5. Warranty:

5.1. The Participant warrants that he/she has not and shall not enter into any agreement which may conflict with this agreement.

5.2. The Participant warrants that he/she enjoys good health and does not suffer from any underlying medical condition that would affect the Participant’s ability to participate in the programme.

6. Copyright, Trademarks & Intellectual Property Rights (IPR):

The Academy is protected by copyright, trademark, patent, trade secret and other laws. The Academy owns and retains all copyright, trademarks and other intellectual property rights associated with the Programme and programme content, being the Academy’s corporate know-how (IPR).

6.1. The Academy grants the registered Participant a limited, revocable, non-sub-licensable license to access and display the Programme content (excluding any software code) solely for personal, non-commercial use in connection with programme participation and accreditation purposes, only whilst registered to a Digital Skills Academy programme. The Programme may also contain content of other users and other Academy licensors.

6.2. All copyright, trademarks, patents and other intellectual property rights of the Programme and Programme content (notwithstanding the distinctive features) are owned by the Academy. All copyright, trademarks, patents and other intellectual property rights of the distinctive features belong to the Industry Partner(s). Except as explicitly authorized by the Academy, the Participant shall not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, distribute, loan, share, advertise, sell, broadcast, transmit, retransmit, perform, display or otherwise use any content, or indices thereof, either physically or electronically.

6.3. Except where explicitly authorized by the Academy, the Participant shall not create material that derives from or is based on Programme content. This prohibition applies regardless of whether the derivative material is sold, bartered or given away. The Participant shall not either directly or through the use of any device, software, internet site, web-based service or other means; remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the content or any digital rights management mechanism, device, or other content protection or access control measure associated with the content including geo-filtering mechanisms. The Participant shall not build a business utilizing the content, or any IP or ‘know how’, whether or not for profit.

6.4. The Participant shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, misuse, transfer, or sell any information, software, products or services in respect of software, licensed to and/ or copyrighted by the Academy for installation on Computer Equipment & Systems.

6.5. Protection of IPR ensures that individuals who have contributed significantly to a project or an idea will benefit from their work, and also ensure the team is protected from individuals who may not have made an adequate contribution. On completion of the programme, participants may apply in writing to Digital Skills Academy to have the intellectual property rights released to them.

6.6. Intellectual Property Rights attached to the programme and programme content (including business processes therein) remain vested in the Academy apart from elements which pertain to the projects of the Industry Partner, known as the Distinctive Features. Intellectual Property Rights in the Distinctive Features (including the source and object code) remain vested in the Industry Partner.

6.7. The Participant acknowledges that all Intellectual Property Rights and Copyrights in the International Degree Programme belong to the Academy. The Participant has no rights in or to the Intellectual Property Rights and copyrights other than the right to their use in accordance with the terms and conditions of the International Degree Programme for the duration thereof. The Academy may at its sole discretion, permit the use of the Intellectual Property Rights and copyrights by the Participant after the termination of the International Degree Programme, upon request, and on such terms as it sees fit.

7. Computer Equipment & Systems:

7.1 We will provide web hosting space to the Digital Designers and Coding Streams to allow you to host some of your course work. Please note the following information in relation to this web hosting and your use of it:

7.1.1 This web hosting must only be used for your course related work.

7.1.2 Do not host any copyrighted or illegal content on this web hosting.

7.1.3 To provide you with real and useful experience, this web hosting is publically accessible via a URL pre-defined by the Academy. Do not host personal information or information you do not want to be publically viewable on this web hosting.

7.1.4 It is your responsibility to keep a local/ offline backup of files you upload to the web hosting.

7.1.5 In the event that the Academy discovers any material on your web hosting that we deem to be unsuitable, be this purposely uploaded content or malicious content as a result of your site being compromised, we will suspend the website immediately without notice.

7.1.6 By using the web hosting provided, you agree to be bound by these terms.

7.2 The Academy shall provide relevant Systems and Software Services to the Participant for the duration thereof upon the following terms:

7.2.1 The Participant shall not use the Systems and Software Services for any purpose that is unlawful or prohibited by this Agreement.

7.2.2 The Participant shall not upload, post, email or otherwise transmit or communicate any material which is likely to cause harm to equipment or anyone else’s computer systems, including but not limited to, that which contains viruses, Trojans, worms, codes, data, logic bombs, corrupted files, or any other similar software or programmes that are malicious or technologically harmful or may damage the operation of the equipment or any other computer or to allow unauthorised access to computer equipment and systems which may cause any defect, error, malfunction or corruption of computer equipment and systems.

7.2.3 The Participant shall not upload, post, email or otherwise transmit or communicate material (including, but not limited to, images) that is, or which the Academy considers, in its sole discretion to be obscene, offensive, blasphemous, unlawful, pornographic, menacing, threatening, racist, abusive, harmful, an invasion of privacy or publicity rights, libellous, defamatory, illegal or otherwise objectionable.

7.2.4 The Participant shall not upload, post, email or otherwise transmit or communicate material (including, but not limited to, images) that participants do not have the right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trademark, patent, trade secret or other intellectual property right or any moral right of any party.

7.2.5 The Participant shall not upload, post, email or otherwise transmit or communicate material in any manner that alludes to emanating from the Academy or any of the Industry Partners, if this is not the case.

7.2.6 The Participant shall not use or make available files that contain images, photographs, software or other material protected by intellectual property laws, including but not limited to copyright, trademark, patent or trade secret laws, or other proprietary right of any party unless the Participant owns or controls the rights thereto or has received all necessary explicit written authorisation from the Academy to do so.

7.2.7 The Participant shall not advocate, promote or assist with unlawful goods, services or activities, nor unlawful acts, for example copyright infringement or computer misuse.

7.2.8 The Participant shall not download any content posted by another user of the Academy where the Participant should reasonably know such content cannot be legally reproduced, displayed, performed, and/or distributed in such manner.

7.2.9 The Participant shall be personally responsible for their own behaviour in connection with the usage of the Systems and Software Services.

7.2.10 The Participant shall indemnify, defend and hold harmless the Academy, its subsidiaries, affiliated companies, joint ventures, business partners, servants, agents, licensors, employees, agents and any third party from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and legal fees, arising out of (a) images or other content posted by the Participant or any other person who accesses the Internet using that Participant’s login credentials, (b) a breach of these terms and conditions or (c) a breach of the rights of a third party.

7.2.11 The Participant acknowledges that the prohibitions set out above are by way of example, and are not exhaustive.

7.3 If any action is brought against the Academy by a third party, alleging that material downloaded or stored on the Computer Equipment & Systems by the Participant, infringes their intellectual property rights, the Academy shall at its discretion defend or settle the claim and the Participant shall indemnify the Academy against any award of damages and costs arising from such.

8. Use of Learning Management System (LMS) and any other sanctioned technology platforms

8.1. As part of the International Degree Programme the Participant shall have access to the Learning Management System (Moodle), Google Apps for Education and any other relevant technology platforms and connecting services as sanctioned by the Academy. Access to the LMS is withdrawn one month after the formal learning process has been completed, irrespective of the payment plan selected by the participant. Whilst the Participant will be provided with a Google Apps for Education account specifically for the duration of the Programme, in practice the Participant may keep and use this account indefinitely, provided Google do not change the terms and conditions of service between Google and Digital Skills Academy. Use of all technology platforms is subject to the following terms and conditions:

8.2. The Participant shall not:

8.2.1. Create, display, produce, store, circulate or transmit pornographic or other offensive material in any form or medium (including distributing and/or displaying offensive images, language or any other type of offensive content including the bullying or harassment of Industry Partners or intimidation of others).

8.2.2. Create, store or transmit material that is defamatory or libelous or infringes copyright.

8.2.3. Intentionally or otherwise provide or submit false information.

8.2.4. Edit or modify any element of the Learning Management System, Google Apps for Education, and other International Degree Programme technology platforms without explicit written authorisation.

8.2.5. Use others' log-in credentials.

8.2.6. Deliberately introduce any virus, worm, Trojan horse or other harmful or nuisance programme or file, or deliberately circumvent precautions taken by the Academy to prevent the occurrence of same.

8.2.7. Copy code, software or content provided without explicit written authorisation.

8.2.8. Provide access to non-Participants.

8.2.9. Violate copyright laws, data protection laws and computer misuse laws.

8.2.10. Use Academy sanctioned technology platforms for political purposes.

8.2.11. The Participant acknowledges that prohibitions set out above are by way of example, and are not exhaustive.

8.3. Should any of the terms or conditions be violated the Academy reserves the right to restrict a Participant’s use of the Learning Management System, Google Apps for Education, and other technology platforms to a minimum level or prohibit access entirely for a duration to be decided by the Academy

9. Industry Team Project or Entrepreneur Team Project:

9.1. As a part of the International Degree Programme the Participant shall be required to complete an ‘International Industry Team Project’ or an ‘International Entrepreneur Team Project’ with one or more of the Teams to be nominated and assigned by the Academy.

9.2. The Participant is required to conduct himself/herself in a professional manner at all times while on the International Degree Programme, such behaviour to include, inter alia, the following:

9.2.1. The Participant shall approach work diligently, take responsibility and show a willingness to use initiative.

9.2.2. The Participant shall present himself/herself in a professional manner and will conduct himself/herself in a professional, respectful manner with respect to lecturers, coaches, advisors, colleagues and clients.

9.2.3. The Participant shall fully adhere to the working practices and terms and conditions of the Industry Partner – working conditions, health and safety, confidentiality etc.

9.2.4. The Participant shall fully adhere to any conditions and procedures for International Team Projects or Entrepreneur Team Projects stated by the Academy.

9.2.5. The Participant shall plan effective use of time and prioritise working tasks.

9.2.6. The Participant shall keep all relevant lecturers, coaches, advisors, and project liaisons of Industry Partner(s) informed of the progress of their work.
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9.3. During the course of the Industry Projects / Entrepreneurial Projects the Participant may be required to attend online meetings with their assigned Industry Partner (or at the premises of the Industry Partner where this is located in the Participant’s city).

9.4. During the International Team Project(s) the Participant shall be required to create and design a digital product/s or service/s in accordance with the following provisions:

9.4.1. The Participant will liaise with the Industry Partner as to the content, technical and business requirements for the digital product/s or service/s.

9.4.2. The Participant will create and/or manage digital product/s or service/s within a platform to be provided by the Academy or the Industry Partner.

9.4.3. The Participant shall endeavor to complete the digital product/s or service/s to the requirements of the Industry Partner.

9.5. The Participant as part of the Industry Project / Entrepreneurial Project in the International Degree Programme shall create, develop, manage, publish or market Digital product(s) and/ or service(s) for Industry Partners in accordance with the terms set out herein.

9.6. The Participant shall provide Industry Partner(s) with development services for the purpose of creating digital content for use by the Industry Partner(s).

9.7. The Participant shall create the Digital product(s) and/ or service(s) in accordance with the Implementation Plan.

10. Industry Project Proprietary Rights:

10.1. The Participant acknowledges that all Intellectual Property Rights in Industry Partner projects belong and shall belong to the Industry Partner. The Participant has no rights in or to the Intellectual Property Rights other than the right to their use in accordance with the terms and conditions of the International Degree Programme for the duration thereof. The Industry Partner may at its sole discretion, permit the use of the Intellectual Property Rights by the Participant after the termination of the International Degree Programme on such terms as it sees fit.

10.2. All Participants taking part in a project to develop digital product(s) and/ or service(s) for Industry Partners are required to sign a Non-Disclosure Agreement (NDA) prior to project commencement. The NDA sets out how any/all Intellectual Property Rights arising from projects and proper to the Industry Partner will be protected. In addition, all project files are handed over to the Industry Partner on project completion.

10.3. The Participant will immediately disclose to the Academy any discovery or invention or process or improvement in procedure made or discovered by the Participant (whether or not in conjunction with any other person or persons) during the term of the International Degree Programme in connection with or in any way affecting or relating to the business of the Academy or the Industry Partner, which is capable of being used or adapted for use therein or in connection therewith (‘‘Inventions’’). In relation to the International Degree Programme all Inventions will belong solely to the Academy or any persons nominated by the Academy for the purpose. Any Intellectual Property developed in whole or in part by the Participant in connection with the International Degree Programme will immediately vest in the Academy (or a nominee of the Academy where the Academy requires) absolutely. In relation to Industry Partner projects all Inventions will belong solely to the Industry Partner or such other person, persons or Academy as the Industry Partner may nominate for the purpose.

10.4. If and whenever required so to do (whether during or after the termination of the International Degree Programme) the Participant will without charge and at the expense of respectively the Academy or Industry Partner, or their respective nominees, apply or join in applying for letters patent or other form of protection for any Intellectual Property referred to in Clause 9 and execute all instruments and do all things considered necessary in the absolute discretion of the Academy or Industry Partner in relation to the said Intellectual Property including vesting all right and title to such IP when obtained in the Academy or Industry Partner (or nominees) as sole beneficial owner or in such other person as the Academy or Industry Partner respectively may require.

10.5. The Participant irrevocably appoints the Academy or Industry Partner(s) to be the Participant’s attorney to execute instruments and generally to use the Participant’s name for the purpose of giving to the Academy (or its nominee) the full benefit of the provisions of Clause 9.

10.6. To the extent that the Participant cannot assign any Intellectual Property to the Academy or Industry Partner, or nominees thereof, any right (including moral right where applicable e.g. right of paternity or integrity) is waived by the Participant. The Participant cannot under any circumstance exercise any Intellectual Property against the Academy, Industry Partners, their subsidiaries and/or nominees.

11. Entrepreneurial Projects Proprietary Rights:
Intellectual Property Rights for Entrepreneurial Projects belongs to the idea originator unless an agreement has been made between the idea originator and the team Participants in terms of Intellectual Property ownership. If the idea originator wishes to have full ownership of the project Intellectual Property, he/she needs to put an Intellectual Property agreement in place prior to the start of the project.

12. Accounts and Security:
The Participant is responsible for keeping his/her individual Computer Equipment & Systems login credentials, and is responsible for any activity that occurs under the Participant’s login credentials.

13. Restrictive Covenants:
During the International Degree Programme and for a period of twenty-four months after its termination howsoever caused, the Participant shall not, without prior written authorisation from the Academy or Industry Partner, directly or indirectly in any capacity either on his/her own behalf or in conjunction with or on behalf of any other person, firm, organisation, business, concern or enterprise whatsoever:

13.1. Solicit or entice or endeavour to solicit or entice away from the service of either the Academy or Industry Partner any person employed by the Academy or Industry Partner in any capacity whatsoever whether or not such person would commit a breach of contract of employment.

14. Confidentiality:

14.1. For the duration of the programme and following its termination, the parties and their personnel shall treat as confidential and shall not use or disclose to any person or organisation, other than in provision of services required, confidential information and/ or Intellectual Property Rights belonging to another party, its clients, suppliers, customers or an Industry Partner, nor permit its use or disclosure. In particular, the Participant shall maintain any source code provided by the Academy under maximum security conditions.

14.2. The provisions of this clause shall survive the termination of this Agreement but the restrictions contained under IPR shall cease to apply to any information which may come into the public domain otherwise than through unauthorised disclosure.

15. Image Release:

The appointee consents for the Academy to use or make available for any purpose, by publishing or broadcasting, radio, TV and video programmes, photographs, films, tape, music and images taken or created of him/her during the course of his/her duties. Consent is also given for the Academy to use images of the participant and recordings of his/her voice in future publications, broadcasts and promotions. This may include: promotional DVDs, news updates, posters, information packs, brochures, websites and the broadcasting of interviews on national radio and television.

16. Law and Jurisdiction:

These terms and conditions shall be governed by and construed in accordance with Irish law and any disputes arising hereto shall be subject to the exclusive jurisdiction of the Irish Courts.

17. Amendment of Terms and Conditions:

The Academy reserves the right to amend these terms and conditions entirely at the discretion of the Academy. Updated Terms and Conditions will be found on the Learning Management System and it is the Participant’s responsibility to check the terms from time to time to review the latest version.

18. Notices:

Any notice pertaining to this Agreement shall be in writing and may be delivered personally or sent by post, email or fax to the recipient at the address with which he/she registered, or an address nominated in writing for the purpose of service.

19. Entire Agreement:

This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter, and except as expressly provided, shall supersede all prior representations, writings, negotiations or understandings with respect to that subject matter.

20. Termination:

The Academy shall be entitled to terminate the Participant’s participation in the International Degree Programme forthwith at any time by written notice if the Participant commits a breach of any of the terms of this Agreement (and if the breach is capable of remedy, fails to remedy the breach within 7 days’ notice in writing to do so).