Our Terms of Service govern the relationship with our customers. To make them easier to read, we’ve included some notes in blue throughout. Those aren’t part of the agreement itself, they’re instead there to draw your attention to some of the important terms.
These terms of service are a legal agreement between:
(1) You (‘Customer’ or ‘you’); and
(2) SKILLER WHALE LIMITED incorporated and registered in England and Wales with company number 11583344 whose registered office is at 71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ (‘Skiller Whale’, ‘we’ or ‘us’).
(A) Skiller Whale provides targeted capability training and assessment services to in-house software development and tech teams.
(B) The parties have agreed that Skiller Whale shall supply its services to Customer on these Terms.
Definitions and interpretation
The important terminology of this agreement is defined in a glossary at the end. The Terms are important, so please read them and contact us if you have any questions or concerns about them.
Assessments and Training Plans
We’ll assess your team in the technologies of your choice, and produce training plans that we mutually agree on. But we won’t hold you to these plans. If you want to change them, we’ll be flexible to make sure they fit your needs.
Commencement and Duration
We try not to ask for much - but we do ask that you stick to these Terms, and pay your Subscription Fees when it’s due. And if there’s anything we need from you to provide our Services, then we ask you to help us out with that.
We will deliver the agreed-upon Training Sessions to your team with professionalism. We also ask that your team treats our Trainers, and other people they interact with on Skiller Whale, with courtesy and respect.
Set-up and Registration
We try to work with every modern device and operating system within reason - but you’re responsible for checking whether we work with your setup.
Contract management and reporting
We’d like to have regular contact with Leaders on your team to make sure we’re meeting your needs as well as we can. We also like to collaborate on and publish case studies that report on the impact of our work with your team.
Your monthly subscription gets you credits which are spent on Assessments, Training Sessions and Examinations.
We don’t generally offer refunds, but you can cancel your subscription (see clause 14). One important thing to note is that if we get less than 24 hours’ notice when you cancel a Training Session, or tell us someone from your team will not attend, then we don’t refund the Credits. When people miss sessions without notice, we will automatically reschedule a replacement Training Session for them, which will result in more Credits spent.
We take data protection seriously.
If we’re liable for anything, our liability is limited to the amount you’ve paid us in the prior year.
In these Terms:
|‘Additional Training Sessions’||means additional Training Sessions not identified in a Training Plan.|
|‘Affiliate’||means any entity that directly or indirectly Controls, is Controlled by, or is under common Control with, another entity.|
|‘Assessment’||has the meaning given to it in clause 2.1 of these Terms.|
|‘Confidential Information’||means all information (whether in oral, written or electronic form) relating to a party’s business which may reasonably be considered to be confidential in nature including information relating to technology, know-how, intellectual property rights, assets, finances, strategy, products, customers, and fees.|
|‘Control’||means the beneficial ownership of more than 50% of the issued share capital of a company or the legal power to direct or cause the direction of management of the company and ‘Controls’ and ‘Controlled’ shall be interpreted accordingly.|
|‘Credits’||means the credits used by Customer, Leaders and Team Members to book Assessments, Training Sessions, Additional Training Sessions and Examinations.|
|‘Data Protection Legislation’||means all applicable data protection and privacy legislation in force including the General Data Protection Regulation, Regulation (EU) 2016/679, as it forms part of domestic law in the United Kingdom by virtue of section 3 of the European Union (Withdrawal) Act 2018 (UK GDPR); the Data Protection Act 2018 (DPA 2018) (and regulations made thereunder), the California Consumer Privacy Act of 2018 and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426), in each case as amended from time to time.|
|‘Examination’||means the examination provided by Skiller Whale and sat by a Team Member in accordance with the Training Plan.|
|‘Feedback’||has the meaning given to it in clause 13.3.|
|‘Force Majeure Event’||means an event or sequence of events beyond a party’s reasonable control preventing or delaying it from performing its obligations under these Terms, including any matters relating to any delays or problems associated with any such networks or with the internet.|
|‘Free Service’||means any part of the Service identified as being provided on a trial basis or without charge (for the duration of the period during which it is provided on such basis) at Skiller Whale’s sole discretion.|
|‘Intellectual Property Rights’||means any and all copyright, neighbouring and related rights, rights in inventions, patents, know-how, trade secrets, trade marks and trade names, service marks, design rights, rights in get-up, database rights and rights in data, semiconductor chip topography rights, utility models, domain names and all similar rights and, in each case:
(a) whether registered or not;
(b) including any applications to protect or register such rights;
(c) including all renewals and extensions of such rights or applications;
(d) whether vested, contingent or future; and
(e) wherever existing;
|‘Leader’||means an employee or person engaged by Customer who oversees one or more Team Members.|
|‘Notice Period’||has the meaning given to it in clause 15(c).|
|‘Order’||means an order submitted by Customer for the Services.|
|‘Services’||means the Training Sessions, the Assessment, the Website and creation of the Training Plan.|
|‘Set-up Instructions’||means the set-up instructions to be completed by Team Members in order to attend a Training Session.|
|‘Skiller Whale Materials’||means any code, content, information, documentation and any other materials provided to Customer and Team Member during the provision of the Services and on the Website.|
|‘Subscription Fee’||means the monthly fees payable by Customer as set out in the Order, which remains subject to change and can be used flexibly each month.|
|‘Team Members’||means those Team Members employed or engaged by Customer who use the Services.|
|‘Terms’||means these Terms of Service.|
|‘Trainers’||means Skiller Whale’s expert trainers who will deliver Training Sessions to Team Members.|
|‘Training Plan’||means the personalised training plan created for each Team Member by Skiller Whale based on the Assessment, which remains subject to change for the duration of the Services.|
|‘Training Session’||means sessions led by Trainers on topics identified in the Training Plan, including Additional Training Sessions added from time to time.|
|‘Websites’||means skillerwhale.com, its subdomains, and any other website and domain name operated by Skiller Whale from time to time.|
In these Terms, unless otherwise stated: