TERMS AND CONDITIONS

 

These Terms and Conditions are based on a set written by “Fortray Global Services Limited” and released under license. They protect your rights as well as ours.

 

You are warrant that you are legally capable of entering into binding contracts and you are at least 18 years old.

We are Fortray Global Services Limited, a company registered in England and Wales, with registration number 07611690.

 

Our registered address is Mirror Works, Unit - MI. G01, 12 Marshgate Lane, London E15 2NH.We can be contacted at: +44 (0)207 993 4928 -Option 2 or Email: Support@Fortray.com

 

You are: Anyone who uses Our Website or purchases Our Products and Services Please read this agreement carefully and save it. If you disagree with it, you should immediately notify us. Fortray reserves the right to revise this policy without any prior notice (Last Updated on 20th Dec 2023)

1          DEFINITION

In this agreement:

 

“Consumer” means an individual acting outside the programme of business.

“Content” means any content in any form published on Our Website by us or any third party with our consent.

“Continuous Payment Authority” means your written authority for us to take payments from your bank account or credit card to pay the Programme Fees

“Programme” means any Programme, unit, or units of learning you purchase from us

“Programme Fee/s” means the amount payable by you for the Service or Product

“Programme Materials” means all material provided by us and/or any of our Code Institutes or programme providers to you following your enrollment, which shall include, but is not limited to online learning materials – including login passwords, and online mentoring and tutoring.

“Programme Provider” means any of our Programme manufacturers who provide our online training programmes –Fortray, OR any of our partners.

“Programme Rules” means and shall include any rules, regulations, standards, policies, codes, charters, and guidelines prescribed and/or endorsed by the Code Institutes as enforced from time to time.

“Credit Agreement” means a loan contract arranged with our Lending Partner

“Enforce” means the Lender resorting to a court of law for an order directing you to pay.

“Enrolment” means your enrolment in a Programme.

“Enrolment Date” means the date on which we confirm your enrolment, or such other date as determined by us.

“Guarantee” means the written instrument that sets out the terms of an indemnity.

“Indemnity” means a Guarantee or undertaking given by Fortray to its Lending Partner

“Intellectual Property Rights” means patents, rights to inventions, copyright and related rights, trademarks, business names and domain names, rights in getting up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information – including know-how, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world

“Interest-Free” means that there is no interest cost for credit provided under a Credit Agreement

“Learning Portal” means an online gateway to Programmes, Resources, and other Learning Materials which facilitate e-learning as well as Virtual Classrooms.

“Lending Partner” means Knoma or any other lending institution that may be suggested by Fortray from time to time.

“Online Learning System” means an internet-based system hosted by one of our Code Institutes, for delivery and management of the Programme, and the system may include but is not limited to, online learning materials, online mentoring and tutoring, and online assessments, and the Fortray website.

“Order” means an offer by you to purchase Products or Services in accordance with these Terms.

“Our Website” means any website of ours and includes all web pages controlled by us.

“Payment Default” means two payments overdue under a Credit Agreement through Omni or Fortray arranged under a credit option to pay for the Programme Materials

“Post” means display, exhibit, publish, distribute, transmit and/or disclose information, Content, and/or other material on Our Website, and the phrases “Posted” and “Posting” shall be interpreted accordingly.

“Products or Services” means any of the products or services we offer for sale on Our Website, or, if the context requires, products or services we sell to you.

“Registration” means your official registration with Fortray, which is usually the day that the Order is made.

“Service” means the provision of the Programme by us and/or any of our Code Institutes

“Student” means a single user to any of the Online Learning Systems with a unique username protected by a user-defined password.

“Terminate” means, in respect of the subject matter where it is referred to, to foreclose a Credit Agreement and demand full payment of all amounts due under it; and refers to the foreclosure of any contract between you and Fortray.

“Terms” means the Terms and Conditions set out in this document.

2          INTERPRETATION

In this agreement, unless the context otherwise requires:

2.1          A reference to a person is a reference to one or more individuals, whether formally in partnership, or to a corporation, government body, or other association or organization.

2.2          These terms and conditions apply to all supplies of products and/or services by us to any candidate. They prevail over any terms proposed by you.

2.3          Any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.

2.4          Except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.

2.5          In this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed because of a merger, division, reconstruction, or other re-organization involving that party.

2.6          The headings to the paragraphs and schedules (if any) of this agreement do not affect the interpretation.

2.7          A reference to an act or regulation includes a new law of substantially the same intent as that act or regulation.

2.8          In any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party.

2.9          These terms and conditions apply in any event to you as a buyer or prospective buyer of our products or services and so far as the context allows, to you as a visitor to Our Website.

2.10      This agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

3          DESCRIPTION OF SERVICES

3.1          (General) Fortray has established several online and classroom learning programmes, which have been designed to impart skills and knowledge to its Users to accelerate a future or ongoing career in the technology industry. Each programme is scheduled for a fixed period. Once the User has enrolled in a programme, the programme material will be accessible through the Website or Internal/external learning management system (LMS). If the User participates in an instructor-supported programme, they may schedule an online 1 video call with our mentor to discuss and clarify any open questions related to the programme at dedicated intervals depending on their chosen programme. The User can find a detailed service description and related Terms of each programme on the Website.

4          OUR CONTRACT WITH YOU

4.1          These Terms and Conditions, and the Continuous Payment Authority if applicable, contain the entire agreement between the parties and supersede all previous agreements and understandings between the parties.

4.2          Each party acknowledges that, in entering into this agreement, he does not rely on any representation, statement, promise, assurance, warranty, information, or document or another term not forming part of this agreement.

4.3          If you use Our Website in any way and make an order on behalf of another person, you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.

4.4          Because we rely on our suppliers, we do not guarantee that products or services advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order products or services.

4.5          The price of products or services may be changed by us at any time. We will never change the price to affect the price charged to you at the time when you buy those products or services.

4.6          If at any time, you buy products or services from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.

4.7          We have the right to revise and amend these Terms and Conditions from time to time. You will be subject to any Privacy Policy in place and the Terms and Conditions in force at the time that you order the products or services from us unless any change to the Privacy Policy or Terms and Conditions is required by law or government or regulatory authority. In such a case, it will apply to orders that were previously placed but not yet fulfilled.

5          YOUR OBLIGATIONS

You shall:

5.1          Ensure that the Terms of the Order are complete and accurate.

5.2          Cooperate with us in all matters relating to the Service.

5.3          Provide us with information and material as we may reasonably require providing the Service and ensure that such information is accurate in all material respects.

5.4          If the performance of any of Our obligations is prevented or delayed by any act or omission by, You or failure by you to perform any relevant obligation – “Default”:

·         we shall, without limiting our other rights or remedies, have the right to suspend the performance of the Service until you remedy the Default, and to rely on the Default to relieve us from the performance of any of our obligations to the extent that the Default prevents or delays performance of any obligation; and

·         we shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from your failure or delay to perform any of your obligations set out in this clause; and

·         You shall reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from any Default.­

6          ACCEPTANCE OF YOUR ORDER

6.1          Your order is an offer to buy from us. Nothing said or done by us is an acceptance of an order until we confirm acceptance in writing, referring to the order.

6.2          A quotation shall be valid for fourteen (14) calendar days from the date of issue unless we notify you in writing that we have withdrawn it during this period.

6.3          We shall accept your order by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase and the related information for delivery of the products or services.

6.4          You confirm that you are solely responsible for ensuring that you possess the necessary skills and experience required to enrol in a specific Programme and that you will comply with the Programme Rules.

6.5          If we do not have all the products or services you order in stock, we will offer you alternatives. If this happens you may:

6.6          Accept the alternatives we offer.

6.7          Cancel all or part of your order.

6.8          Your Enrolment Date is the date your Online Learning System login /SharePoint link details are issued to you.

6.9          Your Enrolment will be limited to the period specified for your Programme or training package, commencing on the Enrolment Date.

6.10      Extensions to your enrolment are available on most programmes for an additional fee.

6.11      You confirm that you understand all pre-requisite skills or experience applicable to your proposed Programme and examination. You acknowledge and agree that your Enrolment and continued participation in a Programme is subject to you complying and continuing to comply with the Programme Rules.

7          BOOKING AND CANCELLATIONS OF MENTOR CALLS

If the User participates in an Induction or mentor-supported program or the Job Preparation Programme and books a Mentor or Career Specialist call, the User shall book such call more than 48 hours in advance. If the User is no longer able to take such a call, the User is required to cancel the booking no less than 24 hours before the booked call. If the booking is cancelled less than 24 hours in advance, the call shall be deemed as having taken place.

8          RIGHT OF REFUSAL OF ADMISSION

Fortray reserves the right to refuse to issue a contract for sale to prospective candidates for reasons including but not limited to the following:

8.1          The price payable for the products or services that you order is set out on Our Website.

8.2          If the candidate has given the “Career Specialists” reason to believe that they would not be able to pass any background checks associated with employment in the candidate’s country/state of residence;

8.3          Previous termination of an existing contract;

8.4          An assessment by the “Career Specialists” that the programme delivery/instruction model is unsuitable for the candidate’s goals and/or learning needs;

8.5          Candidate communication with Fortray team members is abusive, unprofessional, or in violation of Fortray’s Code of Conduct.

8.6          If the “Career Specialists” or any other member of the Fortray team decides to refuse to enrol a candidate, this decision will be issued in writing and will be final.

9          DELIVERY OF PRODUCTS AND SERVICES

9.1          Products or services are delivered within a maximum of 3-5 days from the day you place an order to purchase the products or services.

9.2          Delivery of login details will be made to the email address stipulated in your order. You must ensure that the email address provided is correct.

9.3          If we are not able to deliver your products or services within 3-5 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.

9.4          We may deliver the products or services in instalments if they are not all available at the same time for delivery.

9.5          Products or services are sent at your own risk, and we will not be held liable should incorrect delivery details be provided to us.

9.6          If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So, we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.

9.7          Some products or services are hosted on external sites belonging to the Code Institutes and We cannot be held liable for any delays or issues caused by circumstances out of our direct control.

9.8          The time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.

9.9          We have the right to make any change to the Service which is necessary to comply with any applicable law or which does not materially affect the nature or quality of the Service.

9.10      We cannot supply equipment, computers, aids, or software for a student with a disability, or any other Student. However, we will endeavour to supply any information a student requires in terms of examination bookings and special needs.

9.11      Unless expressly stated, Programme Materials and Programme Fees do not include certification fees, examination fees, personal stationery, special materials, texts, or any other study-related material that you may elect to purchase.

9.12      The mode of assessment varies between Programmes and between training providers/Code Institutes and may include online assessments and/or submission of written assessments – or any combination thereof. We reserve the right to change the mode of assessment applicable to any Programme at any time, including after your Enrolment. We will, however, where practical, give you reasonable notice of any change to the mode of assessment.

9.13      You are entirely responsible for any costs and expenses related to accessing and/or running the Programme Material on any computer system. We strongly recommend that before enrolling in any Programme, you confirm the compatibility of your computer system with the published specifications for Programme Materials for that Programme.

10     LIABILITY FOR DEFECTS

10.1      Please examine the products or services received from us immediately upon receiving them.

10.2      Should you discover a defect, fault, or technical issue relating to our products or services or the Online Learning System/Learning Portal, please report this to support@Fortray.com and include all relevant details. We will attempt to resolve such problems without undue delay. You agree to provide us with such diagnostic information as we may reasonably require to resolve the issue.

10.3      Before reporting a defect, fault, or technical issue relating to our products or services, please carefully re-read the provided instructions to ensure that you have followed the correct procedure.

10.4      Please carefully check the stated technical requirements on Our Website for our products and services before placing an order. Failure to do so will not constitute a defect, fault, or technical issue.

10.5      When a defect, fault, or technical issue is confirmed, we will provide this information to the relevant party for rectification without undue delay.

10.6      If any defect, fault, or technical issue is found, we shall:

a.       Ensure rectification, where applicable.

b.       Provide the information to the relevant party for rectification, where applicable.

10.7      We will only provide a defect-related refund should the following conditions apply:

c.       The products or services are defective to the point of being unfit for purpose.

d.       The products or services are proven to be of unsatisfactory quality.

10.8      Whilst we make reasonable efforts to ensure the accuracy of Programme Materials, we do not represent, warrant, or guarantee that the Programme Materials will be error-free.

10.9      You expressly acknowledge and agree that due to the rapidly evolving nature of information technology, Programme Materials may become outdated and/or incorrect at any time.

10.10  For the avoidance of doubt, we will not refund Programme Fees on the basis that Programme Materials are not error-free, accurate, and/or up to date.

10.11  We shall have no responsibility or liability to you for your inability to access the Online Learning System/Learning Portal due to issues beyond our control, such as the speed of your modem (or other connection devices used), your use of third-party security software or firewall/proxy servers, or the performance levels of your internet service provider.

10.12  We will reasonably endeavour to ensure that whilst you are enrolled on a Programme, the Programme Materials will be available to you via the Online Learning System/Learning Portal on an uninterrupted basis save for:

e.       Unavailability due to Our or a Code Institute’s scheduled maintenance of the Online Learning System/Learning Portal; or

f.        Additional downtime measured monthly not exceeding 3% of all other time during that month; or

g.       An event outside of our control

11     IT PACKAGES INCLUSIVE OF EXAMINATIONS AND RESIT FEES

11.1      Upon purchasing an IT package, you are enrolled into a 12-month subscription.

11.2      If you have purchased an IT package and opted to include examination fees and/or any resit fees in your purchase price, you must take any examinations, including any necessary resits, within the originally agreed student license period of 12 months from the initial Enrolment Date, unless otherwise agreed at the time of Enrolment.

11.3      For the avoidance of doubt, you will not be able to request a refund of the examination fees outside of your legal Consumer Rights and the Terms set out here relating to such.

11.4      For the avoidance of doubt, you will not be able to request multiple vouchers – we will only supply one voucher for a single exam in a series.

11.5      Any terms and/or conditions set by Cisco, CompTIA, Microsoft, and/or any other vendor, in respect of their examination guidelines, are also applicable. It is Your responsibility to understand and adhere to those terms and/or conditions.

11.6      To book an examination, and only where you have purchased the Programme with examination costs included in your Programme Fees, you must ensure that all payments to Fortray and/or any authorised Lending Partner are paid in full. If your account is in arrears or has not yet been paid in full, you will not be able to book your examination.

11.7      Examination fees are charged at the price applicable at the time of your original order. In instances where an examination body increases the cost of the exam before you book your exam, you will then be liable for any difference in this cost. Any difference in cost must be paid in full before you can book your examination.

11.8      If you have purchased your programme package from our own internal finance programme, then the full balance must be paid before we allow any exam bookings.

12     PROGRAMMEME PAUSES

12.1      The programmes are self-paced and Live Instructor-led within a specified overall Programme time (12 months) to give students the flexibility to work around their schedules.

12.2      You will have access to the programme material for 12 months unless otherwise stipulated.

12.3      In some exceptional circumstances programme can be paused or frozen for up to 3 months during the programme period, however, students will be responsible for making their scheduled payments during the programme and may not delay or pause their payments.

12.4      Time spent away from the programme is the responsibility of the student and will not increase the overall Programme time.

13     TRANSFERRING AND CHANGE OF PROGRAMME

13.1      If you purchase the Programme as a Student, your Enrolment on a Programme is personal to you, and you may not transfer the Programme to any other person or change to any other programme, in special circumstances, you may transfer after our management approval (a fee may applicable)

13.2      If you have purchased a Programme on behalf of your company or organisation and provided the company’s/organisation’s details to us, we may, at Our discretion, transfer your Enrolment/s to other people within your company/organisation only. Please contact us at support@fortray.com  if you wish us to consider such a transfer.

13.3      We may at any time assign, transfer, or deal in any other manner with all or any rights under this agreement and may subcontract or delegate in any manner any or all our obligations to any third party or agent.

13.4      We, at Our sole and absolute discretion, may allow you to apply your Programme Fees as a credit against any other Programme offered by Us if all the following conditions are satisfied:

·         You notify us within seven (7) business days of the enrollment date of your desire to transfer to an alternative Programme.

·         The Programme Fee for the alternative Programme is equal to, or less than, the original Programme Fee, or you agree to pay Us the difference where the Programme Fee for the alternative Programme is higher than the original Programme Fee.

·         You consent to us disabling your login details to preclude continued access to any online training Programme Materials in respect of the original Programme.

·         You agree and warrant that you have not made any copies of the Programme Materials or reproduced them in any way; and

·         You agree and warrant that you have destroyed any Programme Materials which you downloaded onto your computer system, or any other such device, as well as destroyed any hard copies of Programme Materials that you have gained through the original Programme.

13.5      The candidate can switch the programme to any other technology if;

·         Submit your request within 14 days of purchasing a programme

·         Have consumed less than 20% of the content.

·         And not requested any exam voucher, KIT and must not unlock any certificate.

*Any request failing to meet all the above requirements will not be accepted.

14     RIGHT OF FORTRAY TO WITHDRAW STUDENTS FROM THE PROGRAMME

Fortray reserves the right to withdraw Students from the programme at any point. Reasons for withdrawal include but are not limited to:

14.1      Falling behind by more than two months (for programmes that are 6 months or longer on the part-time track) or more than a month (for programmes that are 3 months or less on the
part-time track) according to the progress meter located on the Student’s Programme homepage.

14.2      Failure to meet financial obligations to Fortray (e.g., falling behind on instalment payments by more than one month);

14.3      2 or more instances of plagiarism in the User’s submitted work. For the first instance of plagiarized work, the User will be issued a warning and given information and a chance to resubmit the work in question.

14.4      Failing to attend scheduled calls with mentors or Career Specialists without advance notification.

14.5      Violating our Code of Conduct, on our social media/community, chat tools such as WhatsApp, in person, or in exchanges with Fortray community members, including Mentors, Tutors, Career Specialists, Fortray employees, and other students.

14.6      Repeated failure to implement feedback given by Tutors, Mentors or Career Specialists.

14.7      Failing to notify Fortray of a previous programme attendance or registration with Fortray, including accounts registered under other names but belonging to the same User.

14.8      Failing to reply to 3 consecutive emails OR calls within 2 months.

15     INFORMATION ON THE PROGRAMME CERTIFICATES

The certificates issued by Fortray after the completion of a Program are internal certificates and do not have the aim of preparing the User for government or public examinations. Fortray’s certificates expressly do not represent or substitute any form of state or state-recognized certificate.

16     PRICE AND PAYMENT

16.1      The price payable for the products or services that you order is clearly set out on Our Website.

16.2      Payment for all Programmes must be made in advance by credit card or debit card, or in accordance with the Continuous Payment Authority. We accept payment via Visa Debit, MasterCard, and American Express. We currently also accept payment via bank transfer, PayPal, Wise Revolut and Direct Debit Mandate.

16.3      The Programme Fees will be as set out in the quotation provided by Us to You. If we have not, for any reason, provided you with a quotation or the quotation has expired, the Programme Fees will be determined by the price list in force at the time. Prices may change at any time, but price changes will not affect any orders that have been confirmed by Us in writing.

16.4      For certain programmes candidates can reserve the seat by paying a 5 to 10% initial deposit which is valid for up to 30 days and is non-refundable.

16.5      It is possible that the price may have increased from that posted on Our Website. If that happens, we will not dispatch the products or services until you have confirmed that you wish to buy at the new price.

16.6      Prices include UK value-added tax (“VAT”). If you show that you reside outside the
United Kingdom, VAT will be deducted at the payment point if the rate of VAT changes between the date of the Order and the Enrolment Date, the amount of VAT payable will be adjusted unless you have already paid for the Programme in full before the change in the rate of VAT takes effect.

16.7      Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling (£) will be borne by you.

16.8      Any information given by us in relation to exchange rates is approximate only and may vary from time to time.

16.9      If, by mistake, we have underpriced products or services, we will not be liable to supply those products or services to you at the stated price, if we notify you before we dispatch them to you.

16.10  If we owe you money (for any reason), we will credit you/provide a refund as soon as reasonably practicable but in any event no later than fourteen (14) days from the date when we accept that repayment is due.

16.11  When products or services are purchased in packages that include examinations, and there is any form of financing agreement in place with Fortray or any of Our Lending Partners,
50% (60% for the 4 weeks Fast-Track) –of the costs of exam and/or assessment traineeship must be paid prior to exam/assessment bookings being made or authorized.

16.12  Without limiting any other remedies or rights that we may have if you do not pay us on time:

·         We will charge an unpaid instalment fee of £35 for each missed/Failed instalment and £100 for direct debit or subscription cancellation/resumption for each and must be paid within 7 working days.

·         We may cancel the Continuous Payment Authority and require you to pay any outstanding balance in full; or

·         We reserve the right to continue attempts to collect any failed payment for a period of
3 months from the due date of such payment or refer your payments to a debt to a
third-party debt collection agency, which may then add additional charges.

·         Terminate this agreement by giving you written notice and require you to pay all outstanding amounts owing to us within fourteen (14) days of being notified of such in writing.

16.13  Should you have a payment dispute, please contact support@Fortray.com promptly and provide all relevant details relating to your dispute. We reserve the right to deal with such on a case-by-case basis.

16.14  Clause 3 and Clause 12 (including all sub-points) of this paragraph shall not apply for the period of the dispute if you dispute the payment owing in good faith and let us know promptly after receiving an invoice that you dispute it.

16.15  Subject to any exception stated or outlined in these Terms and Conditions or in any product or service listing, Programme Fees cover all Programme Materials.

16.16  The lab access will be provided for up to 6 Months, further extension will be provided at an extra cost which depends upon the programme.

16.17  Upon termination of this agreement for any reason:

·         You shall immediately pay us all outstanding invoices and interest. In respect of a product or service supplied but for which no invoice has been submitted, we shall submit an invoice which shall be payable by you immediately on receipt; and

·         You shall return all Programme Materials which have not been fully paid for; and

·         The accrued rights, remedies, obligations, and liabilities of the parties as at the expiry or termination shall be unaffected, including the right to claim damages which existed at or before the date of termination or expiry; and

·         Clauses that expressly or by implication survive termination shall continue in full force and effect.

17     CREDIT OPTIONS

17.1      Fortray provides you with the option to pay your Programme Fees in fixed and monthly instalments under an Interest OR Interest-Free Credit Agreement. This credit will be extended to you at an interest rate of 0% over an agreed term of normally no longer than 6 months. Longer-term credit is provided through Lending Partners.

17.2      If you wish to apply for the longer-term credit option, please contact our “Career Specialists Team” at info@Fortray.ccom to discuss an introduction to one of our Lending Partners.

17.3      The Terms and Conditions of this contract, which concern the provision of the Programme Materials and Services, are separate from those contained in the Credit Agreement.

17.4      If you choose to proceed with the credit option and you have signed the Credit Agreement, you will then have fourteen (14) days to change your mind and withdraw from the Credit Agreement. If you decide to withdraw from the Credit Agreement, you will then need to make payment using an alternative method.

17.5      Payment via a Credit Agreement will not affect the Terms and Conditions that form this contract.

17.6      We reserve the right to withdraw access to interest-free payments and demand payment in full at any time.

17.7      In the event of extended failure to pay, we will refer the debt to a third-party debt collection agency, which may then add additional charges.

17.8      If you are a student and finding it difficult to maintain your payments, please contact our Support Team via email support@fortray.com or on 02079934928 Option 2. We will strive to offer you a debt counselling option, which may include a settlement option or extended monthly repayments. We reserve the right to deal with such on a case-by-case basis.

18     SECURITY OF YOUR CREDIT CARD

We take care to make Our Website safe for you to use.

18.1      Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.

18.2      Online payments for purchases made directly through Our Website are handled via PayPal. Other payments, for purchases not made directly through Our Website, are handled by Vivawallet, Wise, Revolut, Stripe, Splitit and GoCardless. These organizations comply with all required laws, regulations, and correct procedures.

19     FOREIGN TAXES AND DUTIES

You are responsible for purchasing products or services which you are lawfully able to and for the payment of import duties and taxes of any kind that may, or may not, be levied in your country.

20     TECHNICAL PROVISIONS

We take care to make Our Website safe for you to use.

20.1      The User must observe all technical guidelines by Fortray concerning the use of the Services to ensure an undisturbed operation of the Website and the Programs. Technical guidelines include access to a computer or similar device from which the website and programme materials can be viewed, a stable internet connection, and access to a video conferencing service such as Skype, Zoom, TEAM or Google Meet to carry out instructor video calls.

21     CANCELLATION AND REFUNDS

This and the following paragraph apply if you buy as a consumer as defined in the Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013 (the “Regulations”). Provided the Regulations apply to the transaction concerned, then the following terms apply to the contract.

21.1      We now inform you that information relating to all aspects of our products or services is not in this document but in our marketing material, whether that is in the medium of Our Website or in hard copy.

21.2      The following rules apply to the cancellation of your order:

a.       If you have ordered products or services, but have not received them, you may cancel your order without giving a reason, at any time within fourteen (14) days of your order. You will have no obligation and we will return your money but retain the deposit payment to cover costs sustained.

b.       If you have ordered products or services, and received them, you may cancel your order at any time within fourteen (14) days of the date you received them. You may cancel your order without giving a reason. A refunded value will be calculated and offered provided that the appropriate conditions have been met.

c.       If you wish to cancel your order, please contact us at support@fortray.com

21.3      We will return your money subject to the following conditions:

d.       The products or services do not comply with the published description.

e.       You comply with our procedure for returns and refunds.

21.4      The option to cancel your order is not available if:

f.        The products or services have been accessed, and utilised, beyond the login point.

g.       The fourteen (14) day cancellation period has expired.

21.5      We will not refund:

h.       The 14-day cancellation period has expired.

i.         Leaving country (UK) permanently

j.         Change of any circumstance (Including personal or Financial)

21.6      In any of the above scenarios, when applicable, we will return your money less the deposit value within thirty (30) days. You should not contact us earlier than 30 days regarding a refund.

21.7      You may cancel your payment instalments at any time within fourteen (14) days of the date you made your first payment to us. However, if this is after fourteen (14) days, you are still liable for the outstanding balance and must find an alternative form of payment.

21.8      You cannot cancel any Programme provided by our partners once you have logged into a Programme and, to the maximum extent permitted by law, we have no liability to provide you with a refund of the Programme Fees paid, in full or in part, if you have logged into a Programme.

21.9      You cannot cancel any Programme and ask for a refund after 14 days.

21.10  If the Exam voucher is provided, it is your responsibility to book your exam within 7 days. After 7 days, Fortray will not be responsible and will not provide another exam voucher.

21.11  During the training or Recruitment process, if you get a job offer then you will be not eligible for a partial or full refund.

22     PRODUCTS OR SERVICES RETURNED

These provisions apply if you buy from us other than being a student.

22.1      All points, conditions, and procedures referred to in Paragraph 21 apply equally to the cancellation and/or return of products and services purchased from Us by businesses and organizations. This includes but is not limited to, products and services purchased as corporate training materials.

22.2      Before you return the products or services to us, please carefully re-read the instructions and check that you have logged in correctly and complied with all provisions relating to the usage requirements.

23     SATISFACTION GUARANTEE AND MONEY-BACK POLICY

Fortray guarantees its Users that they will get a job in the field within 4 months (16 weeks) after both the successful completion of the Program (External Exam where applicable) and the MOC interview with the placement specialist, whichever is later (see 24.2) (the “Job Search Period”). Otherwise, Fortray offers its Users a refund of £500 per month (other than official exam costs) until their training fees are fully paid back. When you gain an IT job of between £20-45K (depending upon your program) the repayments will stop provided that all the following conditions have been fulfilled:

23.1      You are not obligated to but if you choose to accept a job offer for less than our salary guarantee outlined above this will avoid the money-back guarantee. This could be applicable to candidates seeking part-time or contract positions instead of full-time or Internship.

23.2      Section 24 does not apply to programmes that are Introductory and Advanced/Specialization programmes. The User’s repayment claim under section 24 is subject to the following conditions:

23.2.1   Programme and Exam Completion

The user has completed the mandatory requirements for graduation including:

 

ü  100% of the Program completed (including Mandatory, external exam, Immersion, and Specialization programmes or programmes if applicable);

ü  All core and mandatory programmes /programmework have been approved by the Tutor and Mentor;

ü  100% of the Job Preparation Programme completed within 30 days of Program End Date, with all tasks approved by the Career Specialist.

ü  Pass the exam at the UK/EU/US/CANADA/Australia/New Zealand Testing Centre only (Remote test is not allowed)

ü  All Candidates must provide proof of the exam Centre to our Support team.

 

23.2.2   Payments

ü  User has fully paid all due Fortray programme fees;

ü  If the User has purchased programme extensions, these are not included in the refundable tuition cost;

ü  If the user has a loan to pay for the programme, the interest is not refundable by Fortray.

ü  To qualify to be referred to one of our recruitment partners or team, your Programme Fees must be paid in full, and no outstanding monies owed to us.

ü  Students who are on monthly instalment plans must have completed at least 75% of their instalments before access to the CV review service is granted. Students have the option to pay their balance off earlier to unlock this feature.

 

23.2.3   Work Eligibility

User must be at least 18 years of age, and have completed a high school diploma or equivalent;

 

ü  User has a full working right for the location in which they are applying for positions (valid for a minimum of 6-12 months beyond the end of the Job Search period);

ü  Do not require sponsorship.

ü  User must possess B2 level or higher proficiency in English and the official language in the User’s country of residency (if other than English) as specified by the Common European Framework of Reference for Languages (or equivalent);

ü  The User must be able to pass any background checks associated with jobs applied for. Without limiting the foregoing, if the user fails to obtain a job offer directly or partially due to their failure to pass a background check associated with the job offer, the user will not be eligible for the refund.;

ü  The User must be resident in one of the lists of metropolitan areas in selected countries (see “More Information on Applicable Metropolitan Areas” below) and be willing to relocate for work. Residency must be established prior to the commencement of the Job Search Period;

ü  The User is willing to accept both remote and non-remote positions.

 

23.2.4   CV and LinkedIn

 

ü  Our CV review is only available to Students who are currently enrolled in our Job Ready OR Job Placement programme and have passed one of Our own internal/external examinations or assessments to prove their competency in the programme that has been studied.

ü  If a candidate chooses not to have their CV marketed, Fortray will not be held liable for job offers.

ü  If we refer you to one of our recruitment partners or Team in connection with a job vacancy, we offer no guarantees that you will then be offered an interview or a position.

ü  Our CV review service is a review only. We do not re-write the CV on your behalf. This service provides advice and amendment recommendations only.

ü  Once a CV is finalized with the Senior Placement Specialist, any subsequent changes without consultation will result in the candidate forfeiting the Job placement process.  

ü  Misuse of a candidate's CV will invalidate the placement process and the job guarantee.

ü  Any delay in making the necessary changes will not be considered regarding the 4-month placement process.

ü  Candidates must provide consent to GDPR for the recruitment process and CV marketing to begin.

23.2.5   Job Search

The user maintains consistent and professional communication with their Career Specialist            including:

ü  To affectively market the candidate profile, the user must follow all the guidelines set by the placement and Support team this includes but is not limited to, CV Reviews, Video CV, Technical and HR Interview preparation, clearance of MOC Interview and Pre-Placement processes like technical assessment, and placement workshop.

ü  User responds to contact from Placement Specialists within 48 hours;

ü  Have not failed to attend a job interview without a valid reason within a 100-mile radius of your home location.

ü  Users have checked in every other week during the 4 months following Program graduation with their Placement Specialists on their progress. Check-ins must occur via phone/video call booked through the Fortray platform, in writing via the messaging tool on the Fortray platform, or by email;

ü  User has completed at least one telephone/video call with their Placement Specialists within one month of completing the Job placement programme;

ü  User has enacted their Placement Specialists’ advice and executed agreed-upon work with Placement Specialists including;

o   The user has updated their resume (CV) with their new skills and has had the CV approved by the User’s Senior Placement Specialists; any major updates/revisions to the CV/resume's content, format or design must be reviewed with the user's Placement Specialists beforehand;

o   User has updated or created their profile on LinkedIn, or another equivalent job search networking site pre-approved by User’s Placement Specialists and has had the profile reviewed and approved by User’s Senior Placement Specialists;

ü  User has a consistent and proactive approach to the job search which includes.

o   User must follow the guidelines (from the date of completion of all program requirements and after clearance of MOCK Interviews)  set out by Placement and Career Specialist team which includes Job applications, follow up, attending the screening calls with Recruiters and employers, interviews (Video or onsite) and extending their network with supporting documentation serving as proof of outreach in the form of a networking outreach tracker and screenshots of any written messages or detailed notes of in-person conversations. Outreach includes emailing, LinkedIn messages, meetups, and conferences;

o   User must be active in using their network for their job search by conducting two informational interviews per month, with supporting documentation serving as proof that the interviews took place in the form of a tracker and screenshots of the meeting confirmations or detailed notes. An informational interview may be done in person, by video chat, or by a phone call;

o   User has created profiles on a minimum of two job boards and has had the profile reviewed and approved by the User’s Placement Specialists;

o   User demonstrates that the User is actively using their new skills through showcasing a minimum of three (3) completed portfolio projects related to their program of study, in the form of case studies, published on their approved personal portfolio website within two (2) months of completing the Job Preparation Programme. The portfolio must be live for the duration of the User’s Job Search Period;

o   Attend a minimum of 10 Interviews in the last 4 x months after successful completion of the required programme and MOCK Interview.

o   User responds to employers and/or job postings introduced individually to the User by the User’s Placement Specialists or the Placement Services Team within 48 hours by completing an application; if the User decides not to apply, they must first provide sufficient justification to their Placement Specialists within the 48-hour window.

 

23.2.6   Employment Status

ü  User has failed to find a job in their new field by the end of the Job Search Period or does not have paid work in their new field exceeding 15 hours per week/60 hours per month;

ü  User has not previously turned down a job offer in the field during the Job Search Period;

 

23.2.7   Additional Requirements

ü  User has not opted out of Fortray Career and Placement Services emails;

ü  User has completed the Exit Interview, which is sent upon approval of the refund request;

ü  The Satisfaction Guarantee can be applied one time only to any User/student in their lifetime.

More Information on Applicable Metropolitan Areas:

 

To be eligible for the Satisfaction Guarantee, User must be resident in a metropolitan area with a population above 100,000 in the following countries for the duration of their Job Search Period:

 

Ø  The United States

Ø  Canada

Ø  European Union & European Free Trade Area member countries

Ø  The United Kingdom

Ø  Australia

Ø  New Zealand

 

Remote, Part-Time, and Freelance Work:

 

We cannot guarantee remote work, part-time, or freelance work. You must already have the right to work in the selected country.

 

23.2.8   Requesting the Refund:

 

The User must explicitly request this repayment in written form by emailing support@fortray.com. The message must be received by Fortray within 30 days after the lapse of the Job Search Period. The Job Search Period is 4 months following the completion of all Program programme work and the Job Preparation programme. Failure to provide timely notice will void the Satisfaction Guarantee and any repayment claim under Section 24.

 

23.2.9   Processing the Refund:

 

Ø  The reimbursement amounts to the respective programme fee minus any rebates and payments made by Fortray to the User during the respective program and can take up to 30 working days.

 

Ø  Users who have received a refund will lose access to Fortray’s programme materials as well as to the Fortray Community, Alumni Group, and support from Career and Placement Services.

24     DISCLAIMERS

24.1      The law differs from one country to another. This paragraph applies to sales throughout the EU, UK and USA.

24.2      All implied conditions, warranties, and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant, or term cannot be excluded, then this sub-paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty, or term.

24.3      We make no representation or warranty for:

a.       Any implied warranty or condition as to merchantability or fitness of the products or services for a particular purpose.

b.       The adequacy or appropriateness of the products or services for your purpose.

24.4      We claim there is no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.

24.5      You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12-month period for the specific products or services concerned.

24.6      We shall not be liable to you for any loss or expense which is:

c.       An indirect or consequential loss; or

d.       An economic loss or other loss of turnover, profits, business, or goodwill, even if such loss was reasonably foreseeable or we knew you might incur it.

24.7      This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents, partners, and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017, as well as to us.

24.8      If you become aware of any breach of any term of this agreement by any person, please contact us at support@fortray.com and provide us with all details relating to the breach. We welcome your input but do not guarantee to agree with your judgment.

24.9      We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance, or other good reasons. We may do so without telling you first.

24.10  Nothing in this agreement excludes liability for a party’s fraud.

25     YOUR ACCOUNT WITH US

25.1      You agree that you have provided, and will continue to provide, accurate, up-to-date, and complete information about yourself. We need this information to provide you with the requested products or services.

25.2      If you use Our Website or any associated Learning Portals, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorized person from using your account.

25.3      You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe someone has accessed your account without your authority Log in to your account and change your password.

26     HOW WE HANDLE YOUR ACCOUNT CONTENT AND PERSONAL DATA

26.1      Our privacy policy is strong and precise. It complies fully with current UK law incorporating the General Data Protection Regulation (GDPR). Review our Privacy Policy at https://Fortray.com/privacy-policy

26.2      You now irrevocably authorise us to publish your feedback, comments, and ratings as posted on any review sites including, but not limited to, Trustpilot/Google. This is done in the context of testimonials.

26.3      You understand that should you provide information or personal data relating to a third party, you are personally responsible for this data. Should this constitute any form of breach of the third party’s rights or of any laws, you will be liable for any legal reprogramme relating to any law which may arise from this breach. We cannot take responsibility for the accuracy or legitimacy of any information provided to us by any user of this site.

26.4      Please notify us of any security breach, unauthorised use of your account or unauthorised provision of personal data. To report a breach of any kind, please contact us at support@fortray.com

26.5      Personal data is only retained for as long as required to provide the requested products or services.

27     REMOVAL OF OFFENSIVE CONTENT

27.1      For the avoidance of doubt, this section is addressed to any person who visits or uses Our Website for any purpose.

27.2      We are under no obligation to monitor or record the activity of any Student or visitor for any purpose; nor do we assume any responsibility to monitor or police any Internet-related activities. However, we may do so without noticing you and without giving you a reason.

27.3      If you are offended by any Content, the following procedure applies:

a.       Your claim or complaint must be submitted to us at support@fortray.com and include all information relevant to the complaint.

b.       After we receive notice of a claim or complaint, we shall investigate so far as we decide alone.

c.       Should we decide that the claim or complaint is justified and that we agree with your judgment, we shall remove the offending Content as soon as we are reasonably able.

d.       The decision on whether to remove content from Our Website is solely ours unless it contravenes any laws or official regulations.

27.4      We reserve the right to re-instate the Content about which you have complained if it was removed but becomes necessary to re-instate.

27.5      In respect of any complaint made by you or any person on your behalf, whether correctly reported or not, you now irrevocably grant us a licence to publish the complaint and all ensuing correspondence and communication, without limit.

27.6      You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.

28     SECURITY OF OUR WEBSITE

If you violate Our Website, we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

28.1      modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.

28.2      link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser.

28.3      download any part of Our Website, without our express written consent.

28.4      collect or use any product listings, descriptions, or prices for any purposes other than those intended by Us.

28.5      collect or use any information obtained from or about Our Website or the Content except as intended by this agreement.

28.6      aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website.

28.7      share with a third party any login credentials to Our Website.

28.8      Despite the above terms, we now grant a licence to you to:

a.       Create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon you not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.

29     INDEMNIFICATION

The User agrees at their own expense, to indemnify, defend and hold inculpable Fortray and its related parties from all liabilities, claims, expenses and losses of any kind (including reasonable attorney’s fees and costs) arising from or related to the User’s use or misuse of, or access to the Services, content, or otherwise from User Content, violation of these Terms, or infringement by the User, or any third party using their Account or identity in the Services, of any intellectual property or another right of any person or entity. Fortray reserves the right to assume exclusive defence and control of any matter subject to indemnification by the User, in which case the User will assist and cooperate with Fortray in asserting any available defences.

30     WARRANTIES

Fortray cannot warrant that the Programme and the Website are always accessible. However, it will eliminate any technical malfunction in a reasonable time.

31     INDEMNITY

You agree to indemnify us against all costs, claims, and expenses arising directly or indirectly from:

31.1      your failure to comply with the law of any country.

31.2      your breach of this agreement.

31.3      any act, neglect, or default by any agent, employee, licensee, or candidate of yours.

31.4      a contractual claim arising from your use of the products or services.

31.5      a breach of the intellectual property rights of any person.

32     LIMITATION OF LIABILITY

32.1      Nothing in these Terms and Conditions shall limit or exclude Fortray’s liability for:

a.       Death or personal injury caused by its negligence, or the negligence of its employees, agents, representatives, or subcontractors.

b.       Fraud or fraudulent misrepresentation; or

c.       Breach of the terms implied by Section 2 of the Supply of Goods and Services Act 1982 – Title and Quiet Possession

32.2      Fortray shall under no circumstances whatsoever be liable to you, whether in contract, tort – including negligence, breach of statutory duty – or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Terms and Conditions.

32.3      Fortray’s total liability to you in respect of all other losses arising under or in connection with the Terms and Conditions, whether in contract, tort – including negligence, breach of statutory duty, or otherwise – shall in no circumstances exceed the value of the Programme Fees paid by You.

32.4      The terms implied by Sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.

33     EVENTS OUTSIDE OUR CONTROL

33.1      For the purpose of the Terms and Conditions, Force Majeure Event means an event beyond the reasonable control of Fortray including, but not limited to, strikes, lockouts, or other industrial disputes – whether involving the workforce of the Supplier or any other party, failure of a utility service or transport network, the act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of Suppliers or subcontractors.

33.2      We shall not be liable to you because of any delay or failure to fulfil its obligations under the Terms and Conditions because of a Force Majeure Event.

33.3      If the Force Majeure Event prevents Us from providing any product or service, we shall, without limiting Our other rights or remedies, have the right to terminate these Terms and Conditions immediately by providing You with written notice.

34     INTELLECTUAL PROPERTY

34.1      All Intellectual Property Rights in, or arising out of or in connection with, the Service shall be owned by Fortray.

34.2      We will defend the intellectual property rights in connection with our products or services and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in text, graphics, logos, icons, images, audio clips, videos, digital downloads, data, and software).

34.3      All Programme Materials are protected by copyright and are intended only for your learning purposes.

34.4      The Programme Materials provided to you may contain licence agreements from parties aside from Us. Your Enrolment is subject to your compliance with any applicable licence agreements.

34.5      Except as set out below, you may not copy, modify, publish, broadcast, transmit, transfer, sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content or any of the Programme Materials, in whole or in part. However, you may:

a.       Retrieve and display the Programme Materials and content from the Learning Portal on your computer screen; and

b.       Print one copy of the Programme Materials – but do not copy or share them in any manner: and

c.       Store the Programme Materials in electronic form – but not on any server or other storage device which is connected to a network.

34.6      You will be responsible for making any loss We suffer if you use or copy the Programme Materials, other than in accordance with these Terms and Conditions.

34.7      You may not use our name, logos, trademarks, or any other Content on any website of yours or that of any other person, without our express written permission.

34.8      Subject to the other terms of this agreement, you may download permissible Content only for your own personal use if you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

35     CONFIDENTIALITY

35.1      A party – “receiving party” – shall keep in strict confidence all technical and/or commercial know-how, specifications, inventions, processes, or initiatives which are confidential and have been disclosed to the receiving party by the other party – “disclosing party” – or its employees, agents, representatives or subcontractors, and any other confidential information concerning the disclosing party’s business, its products, and its services which the receiving party may obtain.

35.2      The receiving party shall only disclose such confidential information to those of its employees, agents, representatives, or subcontractors who need to know it to discharge the receiving party’s obligations under the Terms and Conditions, and shall ensure that such employees, agents, representatives, and subcontractors comply with the obligations set out in these clauses as though they were a party to the Terms and Conditions.

35.3      The receiving party may also disclose such of the disclosing party’s confidential information as is required to be disclosed by law, any governmental or regulatory authority or by a court of competent jurisdiction.

36     DISPUTE RESOLUTION

36.1      In this paragraph the term “ADR Provider” means an approved body under the Alternative Dispute Resolution for Consumer Dispute Regulations 2015.

36.2      The following terms apply in the event of a dispute between the parties:

a.       If you are not happy with our services or have any complaints, then you must contact us at support@fortray.com

b.       If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.

We can propose an ADR Provider or will listen to your proposal. If you are in any way concerned, you should read the regulations at: https://ec.europa.eu/consumers/odr/.

37     CHANGE IN THE TERMS OF SERVICES

37.1      Fortray reserves the right to modify or replace any of these Terms at any time under the following conditions (“Reservation of Changes”): Fortray will notify the User of the respective amendments at least two weeks before the change comes into force via e-mail or in writing. The change is considered accepted by the User if he does not state otherwise within six weeks after receipt of the change notification. Fortray will make note of the right of objection, the objecting period, and legal consequences, particularly regarding the failure to object to the changes. In the case that the User objects, Fortray is entitled to not accept future bookings of Programs by the User.

37.2      Fortray is particularly entitled to make changes to these Terms, in case a condition is found to be invalid, to extend or replace it with applicability to existing contracts, in case of changes in legal requirements or judicial decision, if these changes affect one or more conditions of the contract, in order to adjust the conditions affected corresponding to the purpose of the changed legal context, insofar as the User does not have a worse economic position due to the new or changed conditions than according to the original condition.

38     MISCELLANEOUS MATTERS

38.1      When we communicate with you, we do so through various channels (e.g., telephone, email, online chat, etc.). You agree that these communications are all contractually binding in the same way as properly signed and dated paper sent by post.

38.2      Where we provide products or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other products or services for which a charge is made. Accordingly, there is neither a contractual nor other obligation upon us in respect of those products or services.

38.3      If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

38.4      The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.

38.5      No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

38.6      Any communication to be served to either party by the other shall be delivered by hand or sent by first class post or recorded delivery or commercial courier or by e-mail.

a.       It shall be deemed to have been delivered:

b.       If delivered by hand: on the day of delivery.

c.       If sent by post to the correct address: within 72 hours of posting.

d.       If sent by courier: on the date and at the time that the courier’s delivery receipt is signed.

e.       If sent by e-mail to the address from which the receiving party has last sent e-mail: within 48 hours if no notice of non-receipt has been received by the sender.

38.7      This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017 or otherwise. A person who is not a party to the Terms and Conditions shall not have any right to enforce its terms.

38.8      Neither party shall be liable for any failure or delay in the performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees.

38.9      In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.

38.10  The validity, construction and performance of this agreement shall be governed by the laws of England and Wales, and you agree that any dispute arising from it shall be litigated only in that country.

38.11  Except as set out in these Terms and Conditions, no variation, including the introduction of any additional terms and conditions, shall be effective unless agreed in writing and signed by Us.

38.12  Severability – If any provision or part-provision of the Terms and Conditions is, or becomes, invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Terms and Conditions.

39     OUR REPUTATION RIGHTS

39.1    We shall reserve the right to take any legal action if you try to damage the company’s reputation or property by any means. This includes Reputation platforms like
Trustpilot, Google, Facebook Feefo, and any other similar platforms as well as social media.

39.2    We also reserve the right to take legal action against you according to the Defamation Act 2013 if you left an untrue review on any Review Management OR Social Media platform and Or Threatened us.

39.3    We encourage you to resolve any matter with our support team at support@fortray.com and the candidate care Team at customercare@fortray.com.

40     CANDIDATE RESPONSIBILITIES AND ELIGIBILITY

40.1      Programme Completion and Certification: Candidates are required to complete the programme roadmap as well as all the necessary steps (Induction, external exam, skill verification etc.), before starting the placement & recruitment process.

40.2      Mock Interviews: For an effective candidate profile marketing MOCK. During the placement process, candidates are provided with three (3) chances for mock interviews. Failure to perform well during these interviews may result in the candidate being redirected to the support teams to build further technical skills for up to “4 weeks” and will have a final chance to clear the MOCK with our “Placement and Recruitment Team”. Failure to do so cannot cause a delay in the placement process but will not be eligible for any refund.

40.3      Candidate Communication: Affective communication is the key during the placement process. Any candidates who fail to respond to 3 emails or calls will be removed from the placement process and will not be eligible for any refund.

40.4      Holding the Placement Process: Candidates wishing to pause the placement and recruitment process must provide a valid reason and email notification to the placement team and can hold up to 3 months failure to do so will not only delay the placement process but will not be eligible for any refund.

40.5      Professional Conduct: Candidates are expected to maintain professionalism and avoid displaying a disrespectful or arrogant attitude towards the Fortray placement and recruitment team.

40.6      Rescheduling an Interview: The candidate must notify the placement specialist and client 24 hours before rescheduling an interview, failure to do so will not only stop the placement process immediately but also loss of the right to refund.

40.7      Availability and Presence: The candidate must be physically present in the specified country for screening and interview during business hours (9:00 -1700). 

40.8      Responsibility for Interviews: Fortray is responsible for arranging interviews with clients only after the candidate is fully technically trained and has the right to work. Fortray is not responsible for securing a job or a final job offer without the successful completion of interview rounds and steps.

41     GRANT OF LICENSE

Fortray grants each User a worldwide non-exclusive, non-sub-licensable and non-transferable license to use any content that was provided by Fortray on the Website (“Content”) solely for the purpose of using the Services and Programs. The use, reproduction, modification, distribution, or storage of Content for any other purpose is expressly prohibited without the prior written permission of Fortray.

42     COMMUNICATIONS POLICY

42.1      Fortray maintains a safe and learning-focused community for all candidates. Users agree to abide by the Fortray communications policy, which forbids:

● Any inappropriate communication containing language and content referred to in the Code of Conduct;

● Posting of links/ads to products/services that could substitute any part of the Fortray learning experience;

● Commercial activity such as buying and selling;

● Propagation of unlawful behavior.

Users who violate the Communications Policy may be withdrawn from their Program. See Section 38

43     GOVERNING LAW AND JURISDICTION

43.1      These Terms and Conditions, and any dispute or claim arising out of, or in connection with, it or its subject matter or formation – including non-contractual disputes and/or claims – shall be governed by, and construed by, the Law of England and Wales.

43.2      Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, this Contract or its subject matter or formation – including non-contractual disputes and/or claims.

Notice of right of cancellation: Right to Cancel and Cancellation Form

Information about your statutory right to cancel.

43.3      Your right to cancel.

a.       Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel this contract within fourteen (14) days without giving any reason.

b.       The cancellation period will expire fourteen (14) days after the contract is made. That means you can cancel before you have downloaded the product, or we have delivered it to you.

43.4      How to cancel

c.       To meet the cancellation deadline, it is enough for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

d.       To exercise the right to cancel, you must inform us of your decision to cancel this contract with a clear statement, sent to us by post or e-mail.

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