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Terms and Conditions

Terms of Service Ascend Cloud Solutions Limited (“ACS”)

1. Agreement Overview

These Terms of Service (“Terms”) govern the provision of Lab Hosting Services (“Services”) by Ascend Cloud Solutions Limited (“ACS”, “we”, “us”, or “Provider”), a company registered in Ireland, to you or the entity you represent (“Client”, “you”).

By accessing, ordering, or using our Services, you agree to be bound by these Terms. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.


2. Services

ACS provides cloud-based lab hosting environments primarily for technical training, including VMware and other enterprise technologies. The Services include:

  • Access to virtual lab environments
  • General technical support
  • Security and monitoring of the hosted labs
  • Additional services as mutually agreed in writing

All specific lab configurations, quantities, and pricing will be detailed in a separate quote or invoice.


3. Lab Ordering and Lead Time

  • You must provide at least 72 hours’ notice for all lab orders to ensure timely provisioning.
  • Orders with less than 72 hours’ notice will be handled on a case-by-case basis, are not guaranteed, and may be subject to an additional charge.
  • For urgent requests, contact info@ascendcloudsolutions.com.

4. Instructor Lab and Fee Policy

  • 1–5 labs: 100% charge for the Instructor lab
  • 6–9 labs: 50% charge for the Instructor lab
  • 10 or more labs: Instructor lab provided free of charge

Exceptions: This policy does not apply to the following courses:

  • VMware Cloud Foundation: Build, Manage and Secure [V9.0]
  • VMware Cloud Foundation: Automate and Operate [V9.0]
  • VMware Cloud Foundation: Troubleshooting [V9.0]
  • vSphere Kubernetes Service: Design, Deploy and Operate

5. Extensions Policy

  • Lab extensions are granted on a case-by-case basis and are not guaranteed.
  • All extension requests must be submitted via email to info@ascendcloudsolutions.com.

6. Additional Students Policy

  • Requests for additional students made after lab booking confirmation (and after the free cancellation period) will be considered on a case-by-case basis, subject to capacity, and may be subject to an additional charge.
  • All such requests must be sent to info@ascendcloudsolutions.com.


7. Client Responsibilities and Lab Creation

You are responsible for:

  • Providing accurate and complete information when ordering labs.
  • Maintaining the confidentiality of your account credentials and lab access details.
  • Notifying ACS immediately of any unauthorized access or security breach related to your account.
  • Ensuring your instructors and students use the labs only for legitimate training purposes.


8. Service Availability and Uptime

ACS aims to provide 99.5% uptime for the Services. However, we do not guarantee uninterrupted or error-free access. We will not be liable for any downtime caused by maintenance, updates, internet/connection issues on the client side, or circumstances beyond our reasonable control.


9. Usage Restrictions

You agree not to (and to ensure your users do not):

  • Use the Services for any illegal, fraudulent, or unauthorized purpose.
  • Distribute malware, viruses, or harmful code.
  • Engage in spamming, hacking, or any activity that could harm ACS’s infrastructure or other clients.
  • Reverse engineer, decompile, or attempt to gain unauthorized access to the underlying systems.
  • Resell, sublicense, or provide lab access to third parties without ACS’s prior written consent.


10. Billing and Payment

  • Fees are as stated in the applicable invoice or quote.
  • Payment is due within 30 days of the invoice date unless otherwise agreed.
  • Late payments may incur interest and may result in suspension or termination of Services.
  • You are responsible for all applicable taxes, duties, and charges (excluding taxes on ACS’s net income).
  • All fees are non-refundable except as explicitly stated in the Cancellation Policy.


11. Cancellation and Termination

Cancellation Fees (based on Irish business days, Mon–Fri):

   Notice Period

 Cancellation Fee

    More than 72 hours

 No charge

   48 – 72 hours

 50% of lab fees

   Less than 48 hours

 100% of lab fees

  •   Cancellations must be submitted in writing to info@ascendcloudsolutions.com.
  • Cancellations are calculated per student.
  • ACS may suspend or terminate your access immediately if you breach these Terms, fail to pay outstanding fees, or engage in prohibited activities.
  • Either party may terminate this agreement for convenience by providing written notice, subject to payment of all outstanding amounts and applicable cancellation fees.


12. Data Security and Privacy

ACS will implement commercially reasonable technical and organizational measures to protect your data. We process personal data in accordance with the General Data Protection Regulation (GDPR) and the Irish Data Protection Act 2018.

Our Privacy Policy forms part of these Terms. By using the Services, you consent to the processing of data as described therein.

We may access or disclose your data if required by law or to enforce these Terms.


13. Intellectual Property

All lab environments, templates, documentation, and underlying technology remain the exclusive property of ACS or its licensors. You are granted a limited, non-exclusive, non-transferable right to use the labs solely for the agreed training purpose during the booked period.


14. Indemnification

You agree to indemnify, defend, and hold harmless ACS, its directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from:

  • Your or your users’ use of the Services
  • Any breach of these Terms
  • Any claim that your content or activities infringe third-party rights


15. Limitation of Liability

To the maximum extent permitted by law:

  • ACS’s total aggregate liability under these Terms shall not exceed the total amount paid by you to ACS for the Services in the 12 months preceding the claim.
  • ACS shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including loss of profits, data, or business interruption), even if advised of the possibility of such damages.


16. Force Majeure

ACS shall not be liable for any failure or delay in performance caused by events beyond its reasonable control, including but not limited to acts of God, war, terrorism, pandemics, government restrictions, power failures, or internet disruptions.


17. Changes to These Terms

ACS reserves the right to modify these Terms at any time. We will notify you of material changes via email or through the Services. Your continued use of the Services after the effective date of the updated Terms constitutes your acceptance of the changes.


18. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Ireland.

Any disputes arising out of or in connection with these Terms shall first attempt to be resolved amicably. If not resolved within 30 days, disputes shall be submitted to the exclusive jurisdiction of the Irish courts.


19. General

  • These Terms constitute the entire agreement between you and ACS regarding the Services and supersede any prior agreements.
  • If any provision is held invalid, the remainder of the Terms shall continue in full force.
  • No waiver of any breach shall constitute a waiver of any other breach.


20. Contact Information

Ascend Cloud Solutions Limited Cube Building Monaghan Road Cork, T12 H1XY Ireland

Email: info@ascendcloudsolutions.com