Terms & Conditions

Welcome to TekBay Academy Pvt. Ltd. These Terms & Conditions (“Terms”) constitute a legally binding agreement between you and TekBay Academy Pvt. Ltd. (“TekBay Academy”, “we”, “us”, or “our”) governing your access to and use of our website, learning platform, courses, bootcamps, apprenticeship programs, and related services operated in Nepal.

1. ACCEPTANCE OF TERMS

By accessing or using our website, platform, or services, or by registering, enrolling in, or making payment for any program offered by TekBay Academy, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions, together with our Privacy Policy.

If you do not agree to these Terms, you must not access or use any part of our services.

Your continued use of the Platform after any updates to these Terms constitutes acceptance of the revised Terms.

2. ELIGIBILITY & ACCOUNT RESPONSIBILITY

2.1 Eligibility

Access to services provided by TekBay Academy is limited to individuals who are at least 18 years of age or who have obtained valid parental or legal guardian consent where required under applicable law.

By accessing or using the services, you confirm that you meet the applicable eligibility requirements and are legally permitted to enter into this agreement.

2.2 Account Registration & Responsibility

To access our services, you are required to provide accurate, complete, and up-to-date information during registration and throughout your use of the platform.

You are solely responsible for maintaining the confidentiality and security of your account credentials. Any activity conducted through your account will be deemed to have been performed by you.

You agree that you will not:

Share, transfer, or allow unauthorized access to your account
Create multiple accounts for fraudulent, abusive, or deceptive purposes
Misrepresent your identity or impersonate any person or entity
Use the platform for any unlawful, unauthorized, or harmful activity

We reserve the right to suspend, restrict, or terminate access to any account that violates these Terms, with or without prior notice and without liability.

3. PROGRAM ENROLLMENT

Enrollment in programs offered by TekBay Academy is confirmed only upon successful registration and payment.

We reserve the right to reject or cancel any enrollment where:

Information provided is false or incomplete
Payment is not successfully processed
Eligibility requirements are not met

Enrollment is subject to availability and confirmation by the platform.

4. PROGRAM FEES & REFUND POLICY

4.1 Program Fees

The program fees for courses offered by TekBay Academy are as follows:

AWS Solutions Architect - Associate & AWS Machine Learning Engineer - Associate (physical/live online): NPR 15,000 (including exam-related fee component where applicable)
AWS Solutions Architect - Associate & AWS Machine Learning Engineer - Associate (LMS/pre-recorded): NPR 12,000 (including exam-related fee component where applicable)
DevOps Bootcamp (physical classes only): NPR 55,000

All fees must be paid in full at the time of enrollment unless otherwise stated in writing by the Company. Access to programs, LMS, or services will only be granted upon successful payment confirmation.

4.2 Refund Eligibility

Refunds apply only to AWS Solutions Architect - Associate (SAA-C03) and AWS Machine Learning Engineer - Associate (MLA-C01) programs.

A 100% fee refund will be issued only if ALL of the following conditions are met:

You complete the full 8 or 10-week training program
You pass the AWS certification exam on the first attempt
You submit valid AWS certification proof within 30 days of passing the exam

Regular attendance is expected throughout the program. Consistent non-attendance or failure to participate in scheduled sessions may affect eligibility under this refund policy. TekBay Academy reserves the right to update class schedules with reasonable notice.

Refund eligibility is strictly conditional and must be verified by the Company before approval.

Refunds will be processed within 14 business days of verification.

4.3 Non-Refundable Conditions

No refund shall be issued under any of the following circumstances:

Failure to complete the training program
Failure to pass the AWS certification exam on the first attempt
Withdrawal from the program before completion
Violation of these Terms & Conditions
Enrollment in the DevOps Bootcamp program (non-refundable under all circumstances)

We are not responsible for AWS certification exam outcomes, policies, scheduling, or decisions, as these are independently managed by AWS or its authorized third-party providers.

5. PERFORMANCE INCENTIVES (AWS SAA-C03 ONLY – NEPAL)

Performance-based incentives apply exclusively to the AWS Solutions Architect - Associate (SAA-C03) program offered by TekBay Academy and apply only to participants enrolled in Nepal.

These incentives are optional, promotional in nature, and do not form part of the program fee, services, or refund policy.

5.1 Top Performer Lucky Draw (MacBook Reward)

Participants who score above 995 marks on the AWS SAA-C03 certification exam will be eligible for a lucky draw held once every 12 months.

One MacBook will be awarded to the selected winner
The draw will be conducted among all eligible participants within the defined period
The decision of the draw shall be final and non-disputable

5.2 Conditions

Applicable only to the AWS SAA-C03 program in Nepal
Subject to verification of official AWS results
Non-transferable and non-contractual promotional benefit
TekBay Academy reserves the right to modify or discontinue the incentive program at any time without prior notice

6. PROGRAM CONTENT, LMS ACCESS & USE RESTRICTIONS

6.1 Content Ownership

All materials provided through the programs of TekBay Academy, including but not limited to videos, documents, presentations, labs, assessments, mock exams, and LMS content, are the exclusive intellectual property of TekBay Academy or its licensors.

All materials are provided strictly for personal, non-commercial educational use only. No ownership rights are transferred to the user at any point.

6.2 LMS Access Scope

Access to the Learning Management System (LMS) is granted solely for the enrolled program and is subject to the following:

Access to course materials during the program duration
Access to mock exams, practice assessments, and learning labs
Continued access for 30 days after program completion (unless otherwise modified by the Company)

LMS access is personal, non-transferable, and strictly tied to the registered user account.

6.3 Prohibited Uses

Users are strictly prohibited from:

Sharing, distributing, selling, or sublicensing any course materials
Recording, copying, or screenshotting training sessions without authorization
Uploading or publicly sharing LMS content on any platform
Sharing LMS login credentials with any third party
Using course materials for commercial training, resale, or derivative works

6.4 Suspension and Termination of Access

TekBay Academy reserves the right to suspend or permanently terminate LMS access, without refund or liability, if any user:

Violates these Terms & Conditions
Engages in content sharing, piracy, or unauthorized distribution
Attempts to bypass security or access controls
Misuses the platform or disrupts its intended operation

Termination of access does not affect any other rights or remedies available to the Company under applicable law.

7. STUDENT RESPONSIBILITIES

As a participant in the program, you agree to:

Attend scheduled training sessions and complete assigned labs and assessments
Maintain professional, respectful, and appropriate conduct toward instructors and other participants
Complete assigned coursework within the expected timelines
Use all platform resources only for lawful and educational purposes
Comply with all applicable AWS policies, rules, and certification requirements
Avoid cheating, plagiarism, or any form of academic dishonesty

8. AWS CERTIFICATION EXAM

8.1 Exam Administration

TekBay Academy provides guidance for AWS certification exam registration. However, the exam is conducted, scheduled, and managed solely by AWS or its authorized third-party providers.

You are responsible for selecting the exam date and appearing for the exam.

8.2 Third-Party Responsibility

AWS certification exams are governed entirely by AWS policies and terms. The Company has no control over exam scheduling, policies, technical systems, or evaluation decisions.

TekBay Academy shall not be responsible for exam results, delays, failures, or decisions made by AWS or its authorized providers.

8.3 Exam Attempts

Unless otherwise stated, the program fee includes eligibility for one exam attempt.

If you do not pass on your first attempt:

You are responsible for any additional exam fees
You will not be eligible for refund under Section 4.2

9. INTELLECTUAL PROPERTY

All content, materials, LMS resources, branding, and training content provided by TekBay Academy are the exclusive property of the Company or its licensors.

You are granted a limited, non-exclusive, non-transferable license to access the materials solely for personal, non-commercial educational use.

You shall not:

Copy, reproduce, or redistribute any content
Modify or create derivative works from the materials
Use content for commercial training or resale
Share LMS access credentials or restricted materials

10. LIMITATION OF LIABILITY

The program is provided on an “as is” and “as available” basis.

TekBay Academy does not guarantee:

Certification or exam success
Employment or job placement outcomes
Specific career advancement or financial results
Continuous or error-free platform or LMS availability

To the maximum extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, consequential, or special damages arising out of or in connection with your participation in the program. In any event, the Company’s total aggregate liability shall not exceed the amount of fees paid by you for the program.

11. TERMINATION

11.1 By Student

You may discontinue the program at any time. Upon withdrawal:

Access to LMS and materials will be revoked
Fees already paid shall be forfeited unless otherwise stated in these Terms

11.2 By TekBay Academy

TekBay Academy may suspend or terminate access immediately if you:

Violate these Terms
Engage in misconduct, abuse, or cheating
Share or misuse LMS content or credentials
Fail to meet payment obligations

Termination may occur without prior notice where necessary.

12. PRIVACY AND DATA PROTECTION

Your use of the platform is subject to TekBay Academy's Privacy Policy.

We collect and process personal data in accordance with applicable data protection principles and reasonable security practices.

13. MODIFICATIONS TO TERMS

TekBay Academy reserves the right to modify or update these Terms at any time.

Material changes will be communicated through email or the LMS platform.

Continued use of the services after such updates constitutes acceptance of the revised Terms.

14. GOVERNING LAW

These Terms shall be governed by and interpreted in accordance with the laws of Nepal.

Any disputes arising under these Terms shall fall under the exclusive jurisdiction of the courts of Kathmandu, Nepal.

15. CONTACT INFORMATION

If you have any questions about these “Terms and Conditions”, please contact us at:

Email: apprenticeship@tekbay.academy

Website: https://tekbay.academy

All official communications or notices relating to these Terms should be sent through the above contact details.

16. SEVERABILITY

If any provision of these “Terms and Conditions” is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

17. ENTIRE AGREEMENT

These Terms & Conditions, together with the Privacy Policy of TekBay Academy, constitute the entire agreement between you and the Company regarding your participation in the program.