Terms and Conditions effective from 8 June, 2021
1.1. This document forms the basis of the agreement (“Contract”) between an individual user or a company (collectively “you”, “User”, “attendee” or “your” – as the context may require) on one side and UAB “FL Technics” (“us”, “FL TECHNICS” or “we”, “our”) on the other side, relating to the provision of certain training services (“Terms”) which are designed to provide distance learning courses in the e-environment offered at online store at the website http://147training.com (“Website”). This Contract relates only to the provision of Recorded Video Training and Virtual Classroom Training (collectively “Services”) by FL TECHNICS to you.
1.3. Deviations from these Terms need to be agreed in writing.
1.4. Pursuant to Commission Regulation (EC) No 1321/2014, the Civil Aviation Authority of the Republic of Lithuania approved FL TECHNICS as Part-147 maintenance training organization.
1.5. Throughout these Terms, we use certain capitalised terms that have specific meanings as detailed in below or above:
1.5.1. Online Training - means courses training using a distance learning method in which instructors and attendees are physically separated and is delivered using electronic technical means (e.g. laptop, personal computers, tablet computers, etc.). For the purpose of the Terms, Online Training includes two different training products: (i) Recorded Video Training and (ii) Virtual Classroom Training.
1.5.2. Recorded Video Training – means asynchronous distant learning training courses using a recorded video and/or voice presentation, specifically created for the Platform and hosted on the Platform, prepared according to the approved training program.
1.5.3. Virtual Classroom Training – means simulated, not physical, location where synchronous distant learning takes place using videoconferencing system, delivered according to the approved training program whereby you have an online access to attend them virtually on mutually agreed time.
1.5.4. Platform – means digital system designed to deliver Online Training and monitor the progress of that training: to provide learning materials, interactive tasks and examination (if applicable). The Platform replaces the facilitator and carries out its functions 24/7 via the Website.
2. ONLINE TRAINING ON THE WEBSITE
A. Recorded Video Training
2.1. Recorded Video Training offers for the individual Users:
2.1.1. free registration on the Platform, where the User is able to:
- purchase particular Recorded Video Training (which includes slide animation, training delivery methods management, training sequence control, slideshow synchronisation with the video course, interactive tasks composition) with an access up to 2 months once training is activated within the 6-month activation period;
- ask instructors questions (N.B. answers will be provided within 1-2 business days);
- receive an electronic or hard copy certificate (hereinafter in this paragraph - the “Certificate”), which confirms the listening of the Recorded Video Training and the training information acquired. A hard copy of the Certificate may be ordered separately at additional cost;
- take an exam (if applicable in accordance with the training program, i.e. required by applicable regulations). If exam is not included in the package of a particular training course, subject to a separate agreement between the User and FL TECHNICS, it is possible to order and perform the training course in the approved examination centers, at User’s or FL TECHNICS’ premises for an additional payment. If interested, please contact us at firstname.lastname@example.org for further information.
2.2. In addition to features previously mentioned in section 2.1, the following additional functions might be applicable for legal entities as the Users:
- tracking tool of validity date of purchased training course and obtained certificates;
- progress tracking of training’s attendees groups.
2.3. Cancellation. If you are unable to complete the Recorded Video Training or such training was canceled / removed from the Website by FL TECHNICS, you will be given a course coupon in amount equal to the net price paid for the respective Recorded Video Training, which is valid for one year from the date of its issue.
2.4. In order to receive a coupon, please send us the following information by email at email@example.com:
2.4.1. Course name and the link;
2.4.2. Email address with which you are registered on the Platform;
2.4.3. Invoice and payment confirmation.
2.5. We undertake to send you a coupon by email within 14 (fourteen) days after receipt of written request.
2.6. ATTENTION! If we suspect an abuse on your part, we reserve the right to remove you from the Platform after one written warning.
B. Virtual Classroom Training
2.7. Virtual Classroom Training offers real-time instructor-led courses which is available on the Website from the comfort of your own place via the teleconference application (e.g. “Zoom”) for you. Subject and duration of Virtual Classroom Training should be in accordance with approved training programme. The Website serves as the online store for Virtual Classroom Training only. After you purchase the Virtual Classroom Training, you will be contacted via email by FL Technics and provided with further details of ordered training.
2.8. Registration for open virtual classroom training. User’s registration shall be deemed confirmed once the User makes an advance payment for the fixed price for the Virtual Classroom Training. Registration for the course closes 10 business days prior to the commencement of the scheduled training course.
2.9. Language. Language of the Virtual Classroom Training shall be indicated in the description of the particular course.
2.10. Start time. The start time of the Virtual Classroom Training will be noted in the description of the particular course. By enrolling to the training course, the User agrees that the time noted is suitable for him/her. Start time might be changed anytime at our own discretion, however in any case the final start time will be announced no later than 10 business days before the scheduled start of the course.
2.11. Examinations, practical elements and practical assessments. While providing Virtual Classroom Training FL TECHNICS will render only theoretical elements to the User (meaning, that examinations, practical elements and practical assessments (if applicable) shall be performed while attendee is being present in real (not virtual) environment). In case the User intends to purchase the examinations, practical elements or practical assessments on the Website, at the time of purchase the User will be able to see available location. The User agrees to travel to that location to take examinations, practical elements and practical assessments (if applicable) at his/her own cost.
2.12. Payment. The User shall make an advance payment for the fixed price for Virtual Training not later than 10 (ten) business days before commencement of training.
2.13. Certificate. There are 2 types of certificate that can be issued upon completion of Virtual Classroom Training: the Certificate and Certificate of Recognition.
2.13.1. The Certificate will be issued provided that:
- minimum participation in training time is not less than 90% of total training hours;
- Virtual Classroom Training was attended and no practical elements, practical assessment or examination were applicable.
2.13.2. Certificate of Recognition will be issued:
- minimum participation in training time is not less than 90% of total training hours;
- after successful completion of aircraft type training course and passing related examinations, practical assessment. If the User fails the exam, the Certificate of Recognition will be issued with indication of subject of the training, examination results and clear statement that course was attended only. If re-examination needed, it can be agreed individually, upon request to firstname.lastname@example.org.
The User will receive a hard copy certificate free of charge within 30 (thirty) calendar days after completion of Virtual Classroom Training.
2.14. Upon the completion of theoretical part of Virtual Classroom Training, FL TECHNICS is able to conduct examination, practical elements and practical assessments (if applicable) of Virtual Classroom Training for you subject to separate agreement between you and FL TECHNICS.
2.15. Equipment. FL TECHNICS bears no responsibility for the attendee’s equipment (e.g., computer, modem, internet connection, speakers, webcam, microphones and bandwidth). In other words, you are exclusively responsible for the condition of your personal equipment and for performing the obligatory technical checks before start of Virtual Classroom Training. Therefore, in the event the part of training activity is unacceptable or becomes unacceptable on the attendee’s side, the instructor might make a break no longer than 15-20 minutes and wait for the attendee to sign up. If the issues on the attendee’s side would still exist, the absence period is marked in an attendance sheet.
2.16. In the event the training activity is unacceptable or becomes unacceptable (e.g. slow internet connection, poor video, echoing audio, etc.) on the instructor’s side, the instructor will immediately inform FL TECHNICS. If said issues will not be solved within 15-20 minutes, training activity might be rescheduled. All related communication to the User will be provided by email.
2.17. Cancellation and Reschedule. User can refuse to participate in Virtual Classroom Training by notifying us via email email@example.com 20 business days prior to the start of the training. In such case the User will be suggested other possible training date or the User can claim the refund in cases described in clause 2.18 below.
2.18. Refund. Full refund can be claimed in the following cases:
2.18.1. FL TECHNICS fails to provide the Virtual Classroom Training due to Instructor’s health issues;
2.18.2. FL TECHNICS fails to provide the Virtual Classroom Training due to force majeure including but not limited to acts of God or the public enemy, war, civil war, war like operations, insurrections or riots, fires, flood, explosions, earthquakes or serious accidents, epidemics or quarantine, any act of Government, allocation regulations or orders affecting material facilities or completed work, strikes, labour troubles causing cessation, slowdown or interruption of work, general hindrance in transportation, or any other circumstances beyond FL Technics’ reasonable control.
2.18.3. FL TECHNICS fails to provide the Virtual Classroom Training because the minimum number of attendees in a group has not been reached.
2.18.4. User has notified about cancellation аt least 20 business days before the start of the training.
2.19. No refund. No refund shall be claimed in the following cases:
2.19.1. User hasn’t provided all the necessary information in due time;
2.19.2. User has missed the test call;
2.19.3. User has failed to attend in the Virtual Classroom Training;
2.19.4. User has missed more than 10% of the training time;
2.19.5. User has failed the examination.
2.20. Please note that the Virtual Classrooms Training will commence on the initial scheduled date only if minimum number attendees have enrolled. Otherwise, Virtual Classroom Training might be cancelled at the sole discretion of FL TECHNICS and thereinafter you will be offered a rescheduling course date, and if this or other alternatives are not acceptable, a full refund will be given. The minimum number of attendees may vary for each course and is noted in the description of particular course.
3. REGISTRATION ON THE WEBSITE
3.1. Online Trainings are available for registered Users only. By creating an account on the Website, the User confirms that it agrees to all terms and conditions of provision of Services as stated herein.
3.2. Individual user registration is freely available to everyone. If a company registers on the Website as the User, please send us an inquiry at firstname.lastname@example.org or use the online support form at the Website, thereinafter you will be provided with access of additional functionality.
3.3. The User is responsible for the compliance with any requirements for attendees’ qualifications. The requirements for participation as set forth in the training programs shall apply. During the registration the User undertakes to provide only the correct and complete login details. The User is not allowed to sign in using not authentic information. FL TECHNICS has the discretion to decide on the correctness, completeness and accuracy of the User login details. Should the User provide false, incomplete or inaccurate data, FL TECHNICS has the right to immediately and without further notice to the User, to deny its registration and remove the User from the registration list.
3.4. If your password has been forgotten, please send us a message for password update on the Website authorization window, clicking the link "Forgot password?", enter your email address and press CONTINUE. This will generate a reset password to your email address indicated in the registration form.
3.5. Since the certificate will be issued based on data the User provides to FL TECHNICS, therefore the User is solely responsible for a presentation and entry of accurate data.
3.6. FL TECHNICS has the right to remove the User's account without the User's consent if the User fails to comply with or violates the Terms.
4.1. The User represents, acknowledges and warrants to FL TECHNICS that neither the User (when the User is a legal entity nor any person or entity that owns or controls the User (whether directly or indirectly)) nor any subsidiary, employee, training attendee, contract worker, freelancer, representative of the User is: (a) a citizen or national of, or a person or entity in a country subject to Lithuania, the United Nations, the European Union or the United States of America sanctions or embargoes; (b) subject to any sanctions imposed upon them by any recognized international or applicable local authority including but not limited to Lithuania, the European Union, the United Nations, the United States Department of the Treasury’s Office of Foreign Assets Control (OFAC) or the Bureau of Industry and Security (BIS) of the United States Department of Commerce (hereinafter collectively – the “Sanctions”); or (c) located, organised, operating or resident in a country, region or territory that is, or whose government is, the subject or the target of Sanctions, including, without limitation, currently Crimea region, Cuba, Iran, North Korea, Sudan and Syria.
4.2. The User represents, acknowledges and warrants to FL TECHNICS being familiar and compliant with all applicable anti-corruption laws and regulations, including, without limitation, the OECD-Convention on Combating Bribery of Foreign Public Officials in International Business Transactions of 17th December 1997, the United Nations Convention against Corruption, the Common Industry Standards of the Defence Industries Association of Europe, and anti-money laundering laws applicable to the performance of the User’s obligations and activities under this Contract.
4.3. The User acknowledges that the Services to be provided by FL TECHNICS under this Contract may be subject to, and controlled by, the export laws and regulations (under such jurisdiction as, inter alia, the United Nations, the European Union, the United States of America or the Republic of Lithuania) (hereinafter – “Export Laws”), and any use of such services or data contrary to such Export Laws is prohibited. To the extent applicable, the Customer agrees not to export or re-export the services, know-how, technology or data provided pursuant to this Agreement to any sanctioned party or restricted end-user (as identified by the Export Laws) for any restricted end use, or to restricted countries (including, without limitation, Cuba, Iran, North Korea, Sudan, Syria or the governments of those countries, or to the Crimea region) without prior applicable government authorization or license or otherwise in violation of the applicable Export Laws.
4.4. The preparer of materials is responsible for the contents of the materials hosted on the Website of FL TECHNICS and its compliance with the requirements of the regulations of the Republic of Lithuania. All intellectual property rights for all Online Training materials, Virtual Classrooms Trainings recordings shall remain the property of FL TECHNICS. The User agrees not to reproduce, sell, hire, lend or copy the course materials or use them except for the purpose of personal reference. FL TECHNICS warrants that it will not knowingly include any copyrighted material in its course materials without license or consent.
4.5. All disputes arising between FL TECHNICS and the users of this Website for compliance with these Conditions shall be resolved by negotiation. In cases where the disputes cannot be resolved by negotiation, they will be dealt with in accordance with the current regulations of the Republic of Lithuania according to the respective normative acts. Place of jurisdiction shall be Vilnius, Lithuania.
5.1. Unless otherwise stated, all fees are quoted on the Website in EUROS. The User is responsible for paying all fees in a timely manner with a payment accepted by the Website.
5.2. Acceptable payments methods: Credit card, Bank transfer, PayPal or Wallet. The 100 % pre-payment for the Online Training must be made in 14 days from the invoice date. All and any bank charges and costs are on the account of the User and all payments to FL TECHNICS have to be made without any set off to FL TECHNICS’ bank account.
5.3. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms.
5.4. FL TECHNICS reserves the right to change the fees at any time in its sole discretion. If we make changes, update or modification hereof, we will notify you by posting an announcement on our Site or Services or sending you an email. Users are bound by any changes to the Privacy and Data Protection Policy when he or she uses the Services after such changes have been first posted. Shall there any changes, be made, these shall have an immediate effect upon posting them on our Website.
5.5. Despite our best efforts, a small number of the training in our catalogue may be mispriced. We will verify pricing when processing your order and before we take payment. If we have made a mistake and training's correct price is higher than the price on the Website, we will, at our discretion, either contact you to request whether you want to buy the training at the correct price or cancel your order.
6.1. FL Technics gives no guarantee or warranty to User that participating in any training will success in passing the exams, practical elements and practical assessments or achieve any particular proficiency to qualify for any license, certificate or rating issued by any regulatory agency or governmental authority and FL Technics shall not be responsible for the competence of any User trained.
6.2. FL TECHNICS shall not be liable for any kind of damage arising directly or indirectly out of or in connection with the performance or non-performance of the Online Training, unless such damages have been caused by the gross negligence or willful misconduct of FL TECHNICS's or its directors, officers, employees and agents and instructors.
6.3. FL TECHNICS declares that the company’s liability for any User’s claim whatsoever is limited to the sum that it has paid for the Online Training. We will not be liable for indirect, special or consequential loss (including loss of anticipated profit or data), howsoever arising, even if it has been advised of such potential loss. We will not be responsible for any damage resulting from any computer viruses arising from software installed on attendee’s computer systems.
6.4. The User will hold harmless and indemnify FL TECHNICS from and against any claims brought by third parties in connection with the Contract, unless such claims are due to FL TECHNICS’s gross negligence or willful misconduct.