Terms and Conditions effective from 3 March, 2022
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 [email protected] 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 protected]:
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 [email protected].
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 protected] 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 [email protected] 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 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.
4.2. 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. The User represents, warrants and undertakes that:
6.1.1. Neither the User nor any of its directors, officers, employees, contract workers, assigned personnel, subsidiaries nor, to the best of the knowledge of the User (having made due and careful enquiry), any agent, subcontractor, supplier or affiliate or other person associated with or acting on behalf of the User is an individual or entity (the Person) that is, or is acting on behalf or for the benefit of the Person that is, or is owned or controlled by the Persons that are:
(a) currently the subject or the target of any economic, financial or trade sanctions laws, regulations, embargoes or restrictive measures imposed, administered or enforced from time to time by the United States of America, the United Nations, the European Union, the United Kingdom, the jurisdictions where FL Technics and the User are incorporated, carry out business or this Agreement is performed or any governmental or regulatory authority, institution or agency of any of the foregoing, including but not limited to the Office of Foreign Assets Control of the U.S. Department of the Treasury (OFAC), the Bureau of Industry and Security of the U.S. Department of Commerce or the U.S. Department of State, the United Nations Security Council, the Council of the European Union, HM Treasury or other relevant sanctions authority (including but not limited to the designation in the Specially Designated Nationals and Blocked Persons list maintained by OFAC, the Denied Persons List maintained by the US Department of Commerce, the UK Sanctions List, and the OFSI Consolidated List maintained by HM Treasury, or any other list issued or maintained by any foregoing sanctions authorities of persons subject to sanctions (including investment or related restrictions), each as amended, supplemented or substituted from time to time) (collectively, the Sanctions); or
(b) located, organised, operating or residing in a country, region or territory that is, or whose government is, the subject or the target of the Sanctions from time to time, including but not limited to Afghanistan, Crimea, Cuba, Iran, North Korea, Sudan and Syria;
(each such Person is hereinafter referred to as the Sanctioned Person).
6.1.2. From its date of incorporation the User has not engaged in, is not now engaged in, nor will engage in, any dealings or transactions with any Person that at the time of the dealing or transaction is or was Sanctioned Person.
6.1.3. the User shall not, directly or indirectly, use the benefit received from any agreement including but not limited to services or goods acquired: (i) to facilitate any activities or business of or with any Person that is the Sanctioned Person; or (ii) in any other way or manner that would result in a violation of the Sanctions by FL Technics.
6.1.4. The User and any Person that may be involved by the User in the execution and/or the performance of agreement has complied and shall comply with all national, supra-national, local or foreign laws and regulations in relation to combatting against bribery, fraud and racketeering, corruption, money laundering and/or terrorism administered, enacted or enforced from time to time by the United States of America, the United Nations, the European Union, the United Kingdom, the jurisdiction where the User is incorporated, carries out business or this agreement is performed (collectively, the ABC/AML Laws) and that neither the User nor the Person that may be involved by the User in the execution and/or the performance of any agreement has violated, is in violation of, or will violate the ABC/AML Laws.
6.1.5. The User has not been involved, will not be involved in, or attempt to be involved in modern slavery or human trafficking or agree or attempt to assist any person who is involved in modern slavery or human trafficking in any activity which would violate the UK Modern Slavery Act 2015 or any similar applicable law or regulation.
6.1.6. The User has not received and shall not receive any convictions, findings, fines, warnings or penalties issued by any competent authority in relation to anti-bribery and corruption, anti-money laundering, modern slavery or the Sanctions.
6.1.7. If at any time the User becomes associated with potential violations of anti-bribery and corruption, anti-money laundering, modern slavery or the Sanctions regulations, the User shall promptly, but not later than within 5 (five) calendar days, notify FL Technics thereof in order to allow FL Technics to examine the situation and assess risks, whereupon FL Technics shall be entitled to terminate any agreement pursuant to Clause 6.6.
6.1.8. The User shall at its own expense, comply with all laws, ordinances, rules and regulations (including but not limited to the 10 principles of UN Global Compact and 4 fundamental principles of International Labour Organisation (ILO) and other pertaining to health, sanitation, fair trade, consumer protection or prevention of harm or damage to the natural or social environment in respect of the assets, business and operations of the User, obtain all licenses, approvals and permits required by, and pay all taxes, fees, charges, and assessments imposed or enacted by, any governmental authority and the User shall not take any action which will cause FL Technics to be in violation of any law, regulation or ethical standard of any applicable jurisdiction.
6.1.9. The User maintains at all times adequate systems, controls and procedures to ensure that it and its directors, officers, agents, employees, contract workers, subsidiaries, subcontractors or suppliers and any other persons associated with it comply with the Sanctions and the ABC/AML Laws.
6.1.10. The User shall promptly upon request of FL Technics supply such information and documentation as is requested by FL Technics in order for FL Technics to carry out the verification of the User and decide on the on-boarding of the User pursuant to the internal procedure applied by FL Technics to verify the identity of its counterparties, any Persons involved in the execution and/or performance of any agreement, their key personnel and ultimate beneficial owners, risk assessment and on-boarding (the KYC Procedure);
6.1.11. Information and documentation conveyed by the User during the KYC Procedure is true, accurate, complete and not misleading in any way and was provided without omission of any material information and the User shall promptly, but not later than within 5 (five) calendar days, notify FL Technics of any changes to any information and documentation during the KYC Procedure or if it subsequently discovers anything which renders any such information untrue, inaccurate or misleading in any material respect, whereupon the User shall repeatedly undergo the KYC Procedure.
6.2. The representations and warranties made by the User in Clause 6.1 are continuing and shall be true at the time of execution of each agreement as well as at all times during validity of any executed agreement. In case of any disagreements as to the User’s compliance with provisions of Clause 6.1, the User at its own expense shall cause to be furnished to FL Technics a legal opinion of a reputable law firm satisfactory to FL Technics, clarifying the status of the foregoing.
6.3. The User shall indemnify and hold FL Technics harmless against any losses, damages, fees, costs and expenses (including but not limited to any legal costs) incurred by FL Technics as well as any monetary sanctions arising out of or in connection to incorrectness, inaccuracies in any the User representations or warranties set out in, or any failure of the User to comply with any provisions of, Clause 6.1 (each, the Compliance Breach).
6.4. Upon occurrence of any Compliance Breach, the User shall be deemed as having committed a material breach of any agreement, whereupon FL Technics shall be entitled, by giving a written notice to the User with immediate effect, to:
6.4.1. unilaterally suspend performance of FL Technics’ obligations under any agreement until the Compliance Breach is remedied to the full satisfaction of FL Technics;
6.4.2. declare all sums owing to FL Technics under any agreement immediately due and payable;
6.4.3. demand that the User reimburses, and the User shall promptly but no later than within 5 (five) calendar days upon FL Technics’ notice reimburse, any losses, damages, fees, costs and expenses (including but not limited to any legal costs) suffered or incurred by FL Technics as a result of or in connection with any Compliance Breach; and/or
6.4.4. unilaterally terminate any agreement on an out of court basis.
6.5. The rights and remedies of FL Technics set out in Clause 6.4 may be exercised concurrently or in any order and are not exclusive of any other rights or remedies available to FL Technics by agreement, law or otherwise nor shall give rise to any FL Technics’ liability in connection with their exercise.
6.6. Without prejudice to Clause 6.4, FL Technics shall be entitled, by giving a written notice to the User effective immediately, to unilaterally terminate this Agreement on an out of court basis if at any time FL Technics becomes aware of any relationship of the User with the Sanctioned Person or any association of the User in potential anti-bribery and corruption, anti-money laundering, modern slavery regulations violations, which at FL Technics’ sole discretion entail an undue financial, reputational, operational, strategic or regulatory risk to FL Technics, whereupon all sums owing to FL Technics under this Agreement shall become immediately due and payable.
6.7. With regard to the Compliance Breach which is a breach of Clause 6.1.5, FL Technics shall be entitled to terminate any agreement only if it has not been remedied by the date falling 60 (sixty) calendar days from such breach being notified by FL Technics.
7.1. 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.
7.2. 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.
7.3. 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.
7.4. 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.
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