Cloud Credential Council Terms and Conditions
Terms and Conditions for Cloud Computing Council Members, Certified Partners and Trainers
- Applicability
- These Terms and Conditions are applicable to the Cloud Credential Council (CCC) Membership Agreement, Certified Partnership Agreement and Certified Instructor Agreement and all other Agreements entered into between the Member, Partner, Trainer (all referred to as PARTNER from here on) and CCC or its legal representatives.
- CCC reserves the right to preserve the integrity and quality of the Cloud Credential Council and the Cloud Certification Program, and may withhold or cancel Partners’ participation at its’ sole discretion.
- Partners will promote the Cloud Certification Program as an independent, vendor neutral certification program for Cloud Computing and Virtualization and will comply at all times with the criteria, guides and conditions as set out by the Cloud Credential Council.
- Ownership of the Cloud Certification Content and Intellectual Property
- CCC presents Partners with content that contains trademarks, copyrights, service marks, logos, data, graphics, and other content owned by CCC or its third-party licensors ("CCC Content"). Partners may not modify, copy, publish, display, transmit, or in any way exploit the CCC Content without the permission of the Council or its third-party licensors.
- If any third party makes or threatens to make any claim (or if, in the opinion of the CCC, such a claim is likely) that the use by the Partner of any CCC Content or other information provided by the CCC infringes any Intellectual Property Rights (IPR) of such third party, CCC may, in its option, either secure the Partners’ rights to continue using CCC Content, make CCC Content noninfringing or withdraw the CCC Content on 1 months’ written notice, whereupon the Partner shall not be authorized to make any further use of the CCC Content. This subclause states the entire responsibility of CCC concerning infringement of third-party IPR.
- The Partner will ensure that user accounts to the Cloud Certification Web site, or accounts that give access to CCC Content, are appropriately utilized by identified Partner personnel, and will report any suspected misuse to the CCC through This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
- Executive and Academic Members are invited to contribute to the CCC Working Groups (WGs) and support the further development of the Cloud Certification Program. Unless otherwise determined and agreed in writing, all content that is contributed through these WGs automatically becomes the ownership of the CCC.
- The Council understands that specific content that is contributed through WGs, and is not directly related to the Cloud Certification Program, is the unique Intellectual Property of the Member. When providing/uploading this content, reference “Contribution” to the CCC, Member:
- License
Irrevocably grants the CCC a world-wide, perpetual, royalty-free, nonexclusive, sublicensable, and transferable right and license (without obligation) to use, distribute, reproduce, encode, modify, adapt, edit, display, exhibit, publish, translate, publicly perform, communicate, and publicly display your contributions, and to incorporate them into other works, in any format, and through any media channel, whether now known or hereafter invented, including, without limitation, by way of the site. Subject to the rights expressly granted to CCC, the Member retains ownership of the copyright in your contributions. - Moral Rights Waiver
The Member irrevocably waives your moral rights with respect to your contributions, in connection with our exploitation of the rights granted to us in this Agreement. - Prohibited Content
The Member will not upload, post, transmit, distribute, or otherwise disseminate or make available any Content that is copyrighted, protected by trade secret, or otherwise subject to third-party proprietary or contractual rights, including privacy and personality/publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to post the Content and to grant CCC all of the rights granted herein. - Third-Party Clearances
The Member represents and warrants that the Member owns or has secured all necessary licenses, rights, consents, and permissions to use, and to authorize us to use, any trademarks, copyrighted material, or other intellectual property and/or proprietary material contained in your Contributions, and that you have the written consent, release, and/or permission of every identifiable individual person appearing or referenced in your Contributions to use his/her name and/or likeness.
- License
- Publicity
- Partners will comply with the requirements of the CCC in referring in communication media, such as advertising, brochures, other documents, training or certification materials, and printed reference materials, and ensure that these outings meet IPR guidelines, set out by the CCC.
- Partners are allowed to carry the CCC logo on their Web site and all relevant marketing outings that reference the CCC.
- Partners may not issue press releases or other public announcements about their relationship with the CCC or its contents without the prior written approval of the CCC, unless law requires the press release or other public announcement. If the Partner is required by law to issue a press release or public announcement, it shall notify CCC well in advance so that CCC has a reasonable opportunity to object to the announcement or press release.
- The Partner authorizes the use of the Partner’s organization logo on the CCC Web site and other relevant information outings that support the CCC’s mission.
- Fees
- The prices and charges for Partners shall be as stated in the Pricing section of the CCC Web site and shall be payable by the Partner in accordance with the payment terms stated therein.
- The price and any additional charges payable by Partners are exclusive of Withholding Value Added Tax or any other tax or levy on products sold, or services provided, and which shall be paid additionally by the Partner at the rate and in the manner for the time being prescribed by the Law of the Partner’s country.
- If any sum payable by the Partner is not paid within 30 days after the due date then (without prejudice to the CCC’s other rights and remedies) CCC reserves the right to charge interest on such sum on a day-to-day basis (after as well as before judgment) from the due date to the date of payment (both dates inclusive) at the rate of the LIBOR base rate + 2% for the time being in force.
- Renewal
- Membership Agreements shall automatically renew upon each anniversary date, unless terminated in accordance with "Termination" below. Partner Agreement and Trainer Agreements follow the same conditions, unless otherwise determined in Partner or Trainer Agreements.
- Third-party information
- The CCC may provide links to resources that are not within the CCC’s control ("Linked Sites"). Linked Sites are not reviewed or controlled by the CCC, and the Council is not responsible for the privacy policies of such Linked Sites. Linked Sites are not endorsed by the CCC. Partners should refer to the policies posted by such Linked Sites regarding data collection and privacy before accessing them.
- Confidentiality
- Parties will not disclose Confidential Information regarding the other party to Third Parties without the prior written consent of that other party. This obligation will apply during the term of an Agreement and for 5 years thereafter.
- It is recognized that each party to this Agreement and their employees, agents, or third parties may make available to the other confidential information related to the business of such a Party.
- Confidential information may be in any form, but is not limited to processes, formulae, specifications, programs, instructions, source code, technical knowhow, methods and procedures of operation, benchmark results, business, or technical plans or proposals.
- It is agreed that confidential information made available by one Party to another Party under the Agreement shall:
- Be kept strictly confidential by the receiving party.
- Be treated by the receiving party with at least the same degree of care that it treats confidential information generated by itself.
- Not be used by the receiving party other than is necessary in the execution of this Agreement.
- Only be divulged to any other employee, agent, or third party if such action is necessary to the execution of this Agreement and only then in strict accordance with the provisions of this Clause.
- Parties agree to take all reasonable steps to ensure that its employees, agents, or third parties shall not disclose confidential information.
- Indemnification
- 8.1. Both parties agree that if they (the “Indemnitor”) violate these Terms of Use then such Indemnitor shall defend, indemnify, and hold the other party, and its affiliates, subsidiaries, agents, and their respective employees, contractors, directors, officers, and shareholders harmless from any and all claims, demands, liabilities, costs, and expenses, including reasonable attorneys' fees, arising in any way from such use of, or postings, on CCC, which are violations of these Terms of Use.
- Notwithstanding the foregoing, except for violations relating to confidentiality or IPR, neither party shall be liable for (i) incidental, indirect, special, punitive, exemplary, or consequential damages; (ii) loss of or damage to data from any cause, including without limitation loss of use, revenues, profits or savings, even if such party knew or should have known of the possibility of such damages.
- Liability
- 9.1. “CCC CONTENT” PROVIDED BY THE CLOUD CREDENTIAL COUNCIL ARE PROVIDED “AS IS,” AND THE CCC MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL THE CCC BE LIABLE FOR ANY LIABILITY WHETHER IN CONTRACT, TORT, OR OTHERWISE FOR ANY LOSSES OR DAMAGE ARISING OUT OF OR RELATING TO THIS AGREEMENT. IN NO EVENT SHALL THE CCC BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSSES INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS, CONTRACTS, PRODUCTION, OR USE.
- The Partner acknowledges that because of the special nature of the CCC, it is reasonable for the CCC to exclude liability as above and for the Partner to take measures, including insurance where appropriate, to mitigate or prevent any potential losses that may arise (provided such measures are not in breach of these Terms and Conditions).
- Severability
- If any provision of these Terms of Use is held to be unenforceable, such holding shall not affect the validity or enforceability of the other provisions of these Terms of Use. CCC, or its representatives, failure to act with respect to a breach of these Terms of Use does not constitute a waiver of its right to act with respect to subsequent or similar breaches. These Terms and Conditions constitute the entire agreement between the parties with regard to Agreements related to the CCC and supersede all prior understandings and agreements. Nothing contained in these Terms of Use shall be deemed to constitute either party as the agent or representative of the other party. The user acknowledges that they have read and understood these Terms and Conditions.
- Specific Conditions for Training Partners
- Partners will make available a commercial Cloud Computing Training offering immediately after joining the Council, adhering to the rules and regulations that are set by the CCC.
- Termination
- Membership and Partnership Agreements to the CCC may be terminated in one of the following ways:
- Payment in arrears: By CCC forthwith on giving notice in writing to the Partner if the Partner shall fail to pay any sum due under the Terms and Conditions (otherwise than as a consequence of any default on the part of the CCC) and such sum remaining unpaid for 30 days after written notice from the CCC that such sum has not been paid (such notice to contain a warning of CCC’s intention to terminate).
- Material breach: Either party may terminate the Agreement if the other party breaches any material provision of the Terms and Conditions and fails to fully cure such breach within thirty (30) days of written notice describing the breach. Prior to sending a notice describing the breach, the parties shall convene a meeting of two senior executives and two legal advisers, each party appointing one senior executive and one legal adviser, within a 15-day period following a request for the convening of such Committee by one of the parties by registered letter with return receipt. Said Committee shall have 5 days to reach an agreement for the party in potential breach to correct the situation if capable of remedy. In case parties remain in disagreement, the other party shall have the right to send the breach notice.
- Insolvency: CCC may terminate this Agreement when the Partner, its holding company, or any of their respective subsidiaries or affiliated companies becomes insolvent or goes into liquidation (otherwise than for the purpose of voluntary reorganization), has a Receiver appointed, or suffers an execution or distress upon its goods.
- Cease of business: Either Party may terminate the Agreement in case the other Party ceases to do business, or otherwise terminates the business operations of the division or business group relevant to this Agreement.
- Membership and Partnership Agreements to the CCC may be terminated in one of the following ways:
- Effect of termination
- Upon expiration, withdrawal, or suspension of its relationship with the CCC, (however determined), the Partner shall discontinue the use of all advertising material that contains reference thereto of a relationship with the CCC and return any Council IP to the CCC or its representatives.
- Miscellaneous
- Entire Agreement for Members.
It is agreed that the Membership Application Form and these Terms and Conditions and any attached Appendices contain the entire understanding between Members and the CCC relating to the subject matter and that any representation, promise, or condition not contained herein shall not be binding on either party. - Relationship of the Parties.
For all purposes and notwithstanding any provision of the Terms and Conditions to the contrary, Parties are independent organizations. - Assignment.
Either Party may not assign the Agreement thereto to any third party without the written consent of the other (such consents not to be unreasonably withheld). - Waiver.
Either party’s failure to exercise any of its rights hereunder shall not constitute or be deemed a waiver or forfeiture of such rights. - Updates and Supplements.
CCC may update or supplement its service offerings from time to time. CCC may also release a new version of these Terms and Conditions. If so, the Partner must use that update or supplement. If other terms come with an update or supplement, those terms apply. - Online Service Suspension or Cancellation.
CCC may suspend online services or the use of it if it sees urgent reasons to do so, including service maintenance. - Monitoring use
To the extent permitted by law, CCC may monitor the use and application of the Cloud Certification Program and remove or disclose Partner information or materials in order to:- Ensure compliance with this Agreement, including product use rights.
- Satisfy any legal requirements or process.
- Protect CCC’s rights or the rights of others.
- Membership Availability.
Membership may not be available in every geography. - Governing Law. The Agreement shall be governed by and construed in accordance with the laws of Delaware, USA, unless otherwise defined in an Agreement between Parties.
- Notices. All notices required or permitted under the contract documentation shall be in writing and shall be sent by first-class certified mail or electronic copy, return receipt requested mail, or be personally delivered to the registered office of the recipient.
- Force Majeure. Neither party shall be liable for any delays in performance or failure to perform any of its obligations hereunder where such delay or failure arises due to reasons beyond its reasonable control, provided always that the party affected by such force majeure event promptly notifies the other party of the cause and duration of any delay resulting there from.
- Amendments. Any amendment or assignment of the Agreement must be mutually agreed to in writing. Illegal or unenforceable terms shall be deemed excluded without affecting the rest of the Agreement.
- No Soliciting. The Partner shall not, during the Membership Agreement and for eighteen (18) months after termination thereof, without CCC’s prior written agreement, directly or indirectly solicit or offer employment or engagement to any of CCC’s employees that were directly involved in the operation of the CCC.
- English Language Governs: All contracts, terms, notices, and appendices relating to this agreement will be conducted in US English. All formal and contractual communication relating to Licensed Products and Services will be conducted in English. In the event of any conflict between the English version of this agreement or any notices and a translation, the English version will prevail.
- Contact: To contact CCC in connection with this Agreement, send an e-mail to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
- Entire Agreement for Members.
Appendix A) Definitions
The following expressions used in the Terms and Conditions shall have the following meaning:
- Appendix: An appendix to an Agreement
- Contract Documentation: This Agreement, including all terms and conditions herein together with all Appendices and any documents specifically referred to therein
- Cloud Certification Program: The program that contains 1) the certification syllabus for the Cloud Computing Foundation Exam and the Virtualization Foundation Exam, 2) the titles that candidates can use after certification: Cloud Ready Professional and Virtualization Ready Professional, and 3) all related regulations, procedures and standards that are related to the operation of the CCC in the market
- CCC: The Cloud Credential Council, or its legal representatives
- Member: The party that has registered with the CCC with the objective to contribute to the development of a vendor-neutral Cloud Certification Program
- Force Majeure: A situation in which a party cannot comply with its obligations under the Agreement due to an event beyond its reasonable control; the nonperformance of a supplier or subcontractor of the Supplier shall not constitute Force Majeure.
- Third Party: A natural or legal person not being CCC or its Associated Companies or Partner
