Terms & Conditions
These terms and conditions apply to Services provided by Day0, Inc., 1000 Brickell Avenue Suite #715 PMB 406 Miami, FL 33131 (“Day0” or “we” or “us”) for all students who enrolled on or after June 1, 2023. For students who enrolled prior, please click here to the terms that apply to your engagement.
You may contact us at [email protected].
These terms and conditions apply to the sale of any Online Course and/or Taught Course. Please read these terms and conditions carefully before beginning any Online Course and/or Taught Course and print off a copy for your records.
For purchases via our website, by beginning any course, you agree to the terms of this agreement which will bind you. If you do not agree to these terms and conditions, you must cease to continue to purchase any Services from us.
PLEASE NOTE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECT HOW DISPUTES WITH DAY0 ARE RESOLVED. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THE ARBITRATION PROVISION (SECTION 6.4). PLEASE READ IT CAREFULLY.
“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
“Course Materials” means the information provided by Day0 to accompany a course provided as part of the Services in hard copy or electronic form.
“Fees” means the fees paid by you to Day0 for the Services.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
“Online Course” means the delivery by us of an online course pursuant to which you learn course materials remotely.
“Services” means the provision of the Online Course and/or the Taught Course and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website or by telephone.
“Taught Course” means a course taught by us in a classroom setting to which you attend in person.
“Website” means day0.org
“you” means the individual purchasing the Services.
2. The Services
2.1. A description of the Services together with the dates on which the Services will begin are available on our Website. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.
2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.
2.3 We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will be able to complete the course or that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Services.
3. Ordering Services
Purchasing Services via the Website
3.1. In order to purchase any of the Services on-line you must register for an account with us via the Website. If you already have an account with us you can log into your account using your user name and password.
3.2. When you place an order for a Service via the Website you are offering to purchase the Services on these terms and conditions. Day0 reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 3.4 below.
3.3. Following receipt by us of your order for Services via the Website we will contact you confirming receipt of your order.
3.4. A legally binding agreement between us and you shall come into existence when we have :
(a) accepted your offer to purchase Services from us by sending you an email confirming the purchase; and
(b) received payment of the relevant Fees from you in accordance with clause 5 below.
3.5. Where your order consists of multiple Online Courses or multiple Taught Courses , each individual course will be treated by us as a separate offer to purchase. Acceptance of your offer to buy one or more courses will not be acceptance by us of your offer to purchase any other courses which make up your order.
3.6. Day0 does not and is not responsible for booking any examination with any professional body or examination board. It is your responsibility to ensure that you book prior to the relevant closing date any exam necessary that you wish to take and which may or may not be associated with the subject matter of the Services provided to you by Day0.
- Cancellation and Variation
4.1. There is no other right to cancel or vary your purchase of Services and any other cancellation and / or variation of course dates will be at the entire discretion of Day0.
4.2 There is no right to a refund at any time, under any circumstances, except as expressly stated in the Day0 Institute Satisfaction Guarantee Policy (the “Guarantee Policy.”) The Guarantee Policy is provided at the sole discretion of Day0, and its terms may change from time to time.
4.3 The Day0 Institute Satisfaction Guarantee Policy
If you successfully complete both the Day0 Cybersecurity Fundamentals and Cybersecurity Analyst+ Courses, you may qualify for our 100% Money-Back Guarantee.
You qualify for our 100% Money-Back Guarantee if:
- You have paid for and successfully completed both Cybersecurity Fundamentals and Cybersecurity Analyst+ within 6 months of initial registration, as well as taken and successfully passed the CompTIA Security+ Certification Exam.
- You have paid in full for both courses either directly via credit card or via Affirm or Klarna. Students who pay via installment plans or who receive a discount are not eligible for the 100% Money-Back Guarantee.
- After completing both courses and passing the CompTIA Security+ exam, you have actively searched for a job for at least 6 months, during which time you have applied to 10 or more jobs per week.
If all of the above applies and you do not get a related job paying at least $4,166 per month within 365 days of your initial registration, please submit a Tuition Refund request. Day0 evaluates all Tuition Requets and will request documentation of your Security+ Certification as well as your job search process.
This Guarantee may change at any time at Day0’s Discretion.
5.1. The Fees for the Services shall be as set out on the Website at the time you placed an order for them.
5.2. All Fees shall be exclusive of any amounts payable to any professional body for registration and examination entry. These are payable by you directly to the relevant professional body or examination board and we accept no responsibility or liability for your failure to book your exam with the relevant professional body or examination.
5.4. Fees for the Service selected by you on the Website shall be debited from your credit / debit card at the time of purchase, or paid through one of our financing partners. Fees must be paid prior to you attending any Taught Course or accessing any Online Course.
5.5. Any fees charged by your debit or credit card provider or one of our financing partners in connection with your purchase of Services are for your own account and Day0 shall not be responsible for these.
5.6. You shall be responsible for all costs you incur in connection with your attendance at any Taught Courses or your access onto any Online Course.
6.1. Although Day0 aims to provide the Services to the highest standards of the industry, neither it, nor its instructors accept any liability for (i) any inaccuracy or misleading information provided in the programs or Course Materials and any reliance by you on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
6.2. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services.
6.3. Day0's total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Course or Taught Course in relation to which a dispute has arisen.
6.4 MANDATORY AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS; CLASS ACTION WAIVER.
Please read this Section 6.4 carefully. It is part of your Agreement with Day0 and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service department at [email protected] or Day0, Inc., ATTN: Customer Service, 1000 Brickell Avenue Suite #715 PMB 406 Miami, FL 33131. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction, the terms of this Section 6.4 govern dispute resolution between us.
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and Day0 or Day0's employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or Day0 may take claims to small claims court if the dispute qualifies for hearing by such a court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND DAY0 ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
Arbitration shall be subject to the U.S. Federal Arbitration Act and federal arbitration law, and shall be conducted by Judicial Arbitration Mediation Services, Inc. ("JAMS") pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the "JAMS Rules") and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at https://www.jamsadr.com/consumer-minimum-standards/.
You and the Day0 must abide by these rules: (a) the arbitration shall be conducted on an individual basis and not in a class, consolidated or representative action and the arbitrator shall not award class-wide relief; (b) the Day0 will pay its arbitration costs as required by JAMS rules, and in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, the Day0 will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays his, her or its own attorneys' fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law.
With the exception of subpart (a) in the paragraph above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in the paragraph above is found invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or U.S. federal court in Delaware.
Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Day0 each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. The party who intends to seek arbitration must first send to the other party a Notice of Dispute, which must include: (a) your name; (b) the services (if any) to which the claim pertains; (c) a description of the nature and basis of the claim or dispute; (d) an explanation of the specific relief sought and the basis for the calculations; (e) the party’s signature; and (f) if the party has retained an attorney, the party’s signed statement authorizing the other party to disclose confidential Account records to its’ attorney if necessary in resolving the claim. The other party shall have 60 days to resolve the matter before arbitration is filed.
7. Intellectual Property
7.1. All Intellectual Property Rights in the Course Materials, Online Courses and the speeches made by trainers at the Taught Courses are, and remain, the intellectual property of Day0.
7.2. You are not authorised to:-
(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;
(ii) record on video or audio tape, relay by videophone or other means the Online Course or Taught Course given
(iii) use the Course Materials in the provision of any other course or training whether given by us or any third party trainer;
(iv) remove any copyright or other notice of Day0 on the Course Materials;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.
Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Courses.
7.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the Course Materials and the software in respect of the Online Course for the sole purpose of completing the Online Course and / or attending the Taught Course.
8.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.
8.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
8.3. This clause shall continue notwithstanding termination of these terms and conditions.
9.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:
- fail to pay when due your Fees;
- act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of Day0, any teacher or lecturer who provides the Taught Courses or any student who attends any Taught Course;
- cheat or plagiarise any work which you are required to prepare or submit in connection with the Services or during any examination taken in connection with the Services;
- steal or act in fraudulent or deceitful manner towards us or our employees or any other students who may be on our premises or attending our Taught Courses;
- intentionally or recklessly damage our property or the property of our employees or other students attending our premises;
- are in breach of these terms and conditions.
9.2. On termination clause 6 (liability), 7 (intellectual property rights), 8 (confidentiality) and 10 (Restrictions) shall continue notwithstanding such termination.
Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
We shall be entitled to assign these terms and conditions to any other company without prior notice to you.
11. Entire Agreement
These terms are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
These terms and conditions supersede any and all other communication, whether written or oral, between you and Day0 or any of its employees, unless such communication explicitly confirms it is to supersede these terms and conditions and is signed by an authorised member of Day0.
12. Force Majeure
Day0 shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.
We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.
14. Data Protection
14.1 The nature of the Services provided by us means that we will obtain, use and disclose (together "Use") certain information about you ("Data"). This statement sets out the principles governing our Use of Data. By purchasing the Services you agree to this Use.
14.2 When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the course.
14.3 We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and, unless you click on the relevant button on the Registration Form, provide you with communications. We will not pass any personal data onto anyone outside of Day0,
14.3 To enable us to monitor and improve our Services, we gather certain aggregated information about you, including details of your operating system, browser version, domain name and IP address, the URL you came from and go to and the parts of the Website you visit.
14.4. We use information such as your User ID, session identifiers and password to enable us to identify whether you are using our services, assist with the provision of services and to ensure that you have access to relevant products. We will only read cookies from your cookie file placed there through your web browser's interaction with the Website.
14.5. Our products may link to third party websites and we are not responsible for their data policies or procedures or their content.
14.6. Day0 endeavour to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.
14.7. Day0 may supplement the information that you provide with information we receive from third parties, such as exam registration bodies or your employer.
15. Law and Jurisdiction
This Agreement is subject to Delaware Law and the parties submit to the exclusive jurisdiction of the Delaware courts.
You can contact us by any of the following methods:
Email: [email protected]
Mail: Day0, Inc., 1000 Brickell Avenue Suite #715 PMB 406 Miami, FL 33131