Terms and Conditions for Fortray Global Services Limited

These Terms and Conditions are the contracts between students and Fortray Global Services Limited (“us”, “we”, “our”, etc.) for the Program.

By reading this document, you agree to be bound by them.

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

You 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 - G04, 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. DEFINITIONS

In this agreement:

• “Consumer” is an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft, or profession.


• “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 Program Fees.


• “Program” means any Program, unit, or units of learning you purchase from us.


• “Program Fee/s” means the amount payable by you for the Service or Product.


• “Program Materials” means all material provided by us and/or any of our Code Institutes or Program 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.


• “Program Provider” means any of our Program manufacturers who provide our online training Programs – Fortray, or any of our partners.


• “Program Rules” means and shall include any rules, regulations, standards, policies, codes, charters, and guidelines prescribed and/or endorsed by the Code Institutes as enforced occasionally.


• “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 Program.


• “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 Programs, 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 Program, 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 Program Materials.


• “Career Ready” means the candidate will be having our recruitment and job placement services only with money back.


• “Career Guarantee” means the candidate will be having our training, recruitment, and job placement services with money back.


• “Career Guarantee Plus” means the candidate will be having our training, recruitment, and job placement services, and will be paying once hired.


• “Future Earning Agreement (FEA)” means the ability to pay for a qualification with a share of a student's future earnings. Instead of paying the full fee upfront.


• “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.


• “Interview” refers specifically to the Final Technical Interview. Screening calls and first-round interviews are not included.


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


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


• “Terminate” means, in respect to the subject matter where it is referred to, to foreclose a Credit Agreement and demand full payment of all amounts due under it; it 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 you propose.


• 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 for 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 this agreement's paragraphs and schedules (if any) 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, classroom learning programs and career accelerator bootcamps, which have been designed to impart skills and knowledge to its candidates to accelerate a future or ongoing career in the technology industry. Each program is scheduled for a fixed period. Once the candidate has enrolled in a program, the program material will be accessible through the website or Internal/external learning management system (LMS). If the candidate participates in an instructor-supported program, they may schedule an online 1 video call with our mentor to discuss and clarify any open questions related to the program at dedicated intervals depending on their chosen program. The candidate can find a detailed service description and related terms of each program 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 them.


• 4.2 Each party acknowledges that, in entering into this agreement, the candidate does not rely on any representation, statement, promise, assurance, warranty, information, 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 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 posted here on our website on the day you order products or services.


• 4.5 We may change the price of products or services at any time. However, we will never change the price to affect the price you charge when you buy those products or services.


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


• 4.7 We have the right to occasionally revise and amend these terms and conditions. You will be subject to any privacy policy in place and the terms and conditions in force when you order the products or services from us unless any change to the privacy policy or terms and conditions is required by law, 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 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 in performing 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 enroll in a specific Program and that you will comply with the program rules.


• 6.5 We will offer alternatives if we do not stock up on all the products or services you order. 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 Program or training package, commencing on the Enrolment Date.


• 6.10 Extensions to your enrollment are available for an additional fee on most programs.


• 6.11 You confirm that you understand all pre-requisite skills or experience applicable to your proposed Program and examination. You acknowledge and agree that your Enrollment and continued participation in a program are subject to your compliance with the program rules.

7. BOOKING AND CANCELLATIONS OF MENTOR CALLS

If the candidate participates in an Induction or mentor-supported program or the job preparation program and books a mentor or career accelerator’s team call, the Candidate shall book such call more than 48 hours in advance. If the Candidate is no longer able to take such a call, the Candidate is required to cancel the booking no less than 24 hours before the booked call. If the booking is canceled 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 accelerator’s team” 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 accelerator’s teams” that the Program 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 violates Fortray’s Code of Conduct.


• 8.6 If the “Career accelerator’s teams” or any other member of the Fortray team decides to refuse to enroll 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 Login details will be delivered to the email address stipulated in your order. You must ensure that the email address provided is correct.


• 9.3 If we cannot deliver your products or services within 3-5 days of the date of your order, we will notify you by e-mail to arrange another delivery date.


• 9.4 We may deliver the products or services in installments 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 specific 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 due to delayed delivery or non-delivery.


• 9.7 Some products or services are hosted on external sites belonging to the Code Institutes. We are not liable for delays or issues caused by circumstances outside our direct control.


• 9.8 The time for delivery specified on the order, if there is 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 that is necessary to comply with any applicable law, or that does not materially affect its nature or quality.


• 9.10 We cannot supply equipment, computers, aids, or software to any candidate. However, we will endeavor to supply any information a candidate requires regarding examination bookings and special needs.


• 9.11 Unless expressly stated, program materials and program fees do not include certification fees, examination fees, personal stationery, unique materials, texts, or any other study-related material you may purchase.


• 9.12 The mode of assessment varies between Programs 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 the evaluation applicable to any Program 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 Program Material on any computer system. We strongly recommend that before enrolling in any Program, you confirm the compatibility of your computer system with the published specifications for program materials for that Program.

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:
  a. The products or services are defective to the point of being unfit for purpose.
  b. The products or services are proven to be of unsatisfactory quality.


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


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


• 10.10 For the avoidance of doubt, we will not refund Program Fees on the basis that Program 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 Program, the Program Materials will be available to you via the Online Learning System/Learning Portal on an uninterrupted basis save for:
  a. Unavailability due to Our or a Code Institute’s scheduled maintenance of the Online Learning System/Learning Portal or
  b. Additional downtime measured monthly not exceeding 3% of all other time during that month or
  c. 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 candidate 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. You are responsible for understanding and adhering to those terms and/or conditions.


• 11.6 Examination fees are calculated 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.


• 11.7 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.

12. PROGRAMME PAUSES

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


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


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


• 12.4 Time spent away from the Program is the responsibility of the candidate and will not increase the overall Program time.

13. TRANSFERRING AND CHANGE OF PROGRAM

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


• 13.2 If you have purchased a Program 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 Program Fees as a credit against any other Program 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 Program.
  • The Program Fee for the alternative Program is equal to, or less than, the original Program Fee, or you agree to pay Us the difference where the Program Fee for the alternative Program is higher than the original Program Fee.
  • You consent to us turning off your login details to prevent continued access to any online training Program materials related to the original Program.
  • You agree and warrant that you have not made any copies of the Program Materials or reproduced them in any way and
  • You agree and warrant that you have destroyed any Program Materials which you downloaded onto your computer system, or any other such device, as well as destroyed any hard copies of Program Materials that you have gained through the original Program.


• 13.5 The candidate can switch the Program to any other technology if;
  • Submit your request within 14 days of purchasing a Program.
  • 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 CANDIDATES FROM THE PROGRAM

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

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


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


• 14.3 Two or more instances of plagiarism in the Candidate’s submitted work. For the first instance of plagiarized work, the Candidate 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 exchanges with Fortray community members, including Mentors, Tutors, Career Specialists, Fortray employees, and other candidates.


• 14.6 Repeated failure to implement feedback given by Tutors, Mentors, or Career accelerator’s team.


• 14.7 Failing to notify Fortray of previous Program attendance or registration with Fortray, including accounts registered under other names but belonging to the same Candidate.


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

15. INFORMATION ON THE PROGRAM CERTIFICATES

• The certificates issued by Fortray after the completion of a Program are internal certificates and do not have the aim of preparing the Candidate 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 set out on Our Website.


• 16.2 Payment for all Programs must be made in advance by credit card or debit card, or by 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 Program Fees will be set out in the quotation we provided. If we have not provided you with a quotation or the quotation has expired, the Program Fees will be determined by the price list in force. Prices may change at any time, but price changes will not affect any orders that we have confirmed in writing.


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


• 16.5 For the "Future Finance" or "Pay Once You Hired" program, participants must pay an initiation fee to 3rd party or our finance providers upon enrollment.


• 16.6 It is possible that the price posted on our website has increased. If that happens, we will not dispatch the products or services until you have confirmed that you wish to buy at the new price.


• 16.7 Prices include UK value-added tax (“VAT”). If you show that you reside outside the In the United Kingdom, VAT will be deducted at the payment point if the VAT rate 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 Program in full before the change in the VAT rate takes effect.


• 16.8 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.


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


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


• 16.11 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.


• 16.12 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 installment.
  
  
  • 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 1 month from the due date of such payment or refer your payments to a debt collection agency, which may then add additional charges.
  
  
  • Terminating this agreement by giving you written notice and requiring you to pay all outstanding amounts owing to us within fourteen (14) days of being notified of such in writing.
  
  
  • If you breach the payment contract with our third party finance Company (like Premium Credit Solution etc), you will still be obligated to pay the agreed amount to Fortray. Additionally, Fortray reserves the right to collect the agreed payment for the program under all circumstances.
  
  
  • If you are a candidate and find it difficult to maintain your payments, please contact our Support Team via email at 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.
  
  


• 16.13 Should you have a payment dispute, please contact support@Fortray.com promptly and provide all relevant details. We reserve the right to deal with such disputes 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 any product or service listing, Program Fees cover all Program materials.


• 16.16 Lab access will be provided for up to 6 Months; further extensions will be provided at an extra cost, depending upon the Program.


• 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 Program 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 Program Fees in fixed and monthly installments 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 12 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 Accelerator Team” at enquire@fortray.com 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 Program 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 from this contract.


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

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 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.

• 20.1 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 hard copy.


• 20.2 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.


• 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.


• c. If you wish to cancel your order, please contact us via email at support@fortray.com and fill the form.


• 20.3 We will return your money subject to the following conditions:
• a. The products or services do not comply with the published description.


• b. You comply with our return and refunds procedure.


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


• 20.5 The option to cancel your order is not available if:
• a. The products or services have been accessed and utilized beyond the login point.


• b. The fourteen (14) day cancellation period has expired.


• 20.6 We will not refund:
• a. The 14-day cancellation period has expired.


• b. Leaving the country (UK) permanently.


• c. Change of any circumstance (Including personal or Financial).


• d. Failing the exams


• e. Failing to accept the job placement/offer.


• f. Accepted any other job during the training and placement.


• 20.7 You may cancel your payment installments 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.


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

21 PRODUCTS OR SERVICES RETURNED

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

• 21.1 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.


• 21.2 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.

22 SATISFACTION GUARANTEE AND MONEY-BACK POLICY

Fortray provides comprehensive support to its candidates to help them secure a job in the field after completing the program (including skill assessment and external exams, where applicable) and the MOC interview with the placement specialist. Once candidates secure an IT job with a salary hike of £5K-15K (depending on the salary threshold and applicable to Career Guarantee and Career Ready) within 6 months (excluding 15 Dec – 15 Jan), provided all the specified conditions are met:

• 22.1 You are not obligated to, but if you choose to accept a job offer for less than our salary threshold outlined above, this will avoid the money-back guarantee. This could apply to candidates seeking permanent or contract positions instead of full-time. The candidate’s repayment claim under section 22 is subject to the following conditions:


• 22.1.1 Program and Exam Completion
  
  The candidate has completed the mandatory requirements for graduation including:
  
  
  • 100% of the program completed (including mandatory, external exam, Immersion, and specialization, capstone or real-world projects, or industry master classes if applicable);
  
  
  • The tutor and mentor have approved all core and mandatory program;
  
  
  • 100% of the job preparation program is completed within 30 days of the program End Date, with all tasks approved by the career accelerator’s team.
  
  
  • Pass the exam at the UK/EU/US/CANADA/Australia/New Zealand Testing Centre only (Remote test is not allowed)
  
  
  • All candidates must provide proof of the exam Centre to our Support team.
  
  


• 22.1.2 Payments
  
  • Candidate has fully paid all due Fortray Program fees;
  
  
  • If the Candidate has purchased Program extensions, these are not included in the refundable tuition cost;
  
  
  • If the candidate has a loan to pay for the program, Fortray does not refund the interest.
  
  
  • To qualify to be referred to as one of our recruitment partners or team, your program Fees must be paid in full, and there are no outstanding monies owed to us.
  
  
  • If you have selected the "Future Finance" or "Pay once You Get Hired" plan, you must pay an initiation fee to 3rd party or our finance provider upon enrollment.
  
  


• 22.1.3 Work Eligibility
  
  Candidate must be at least 18 years of age, and have completed a high school or equivalent;
  
  
  • Candidate must be at least 18 years of age and have completed 12 months of job tenure in their field of interest;
  
  
  • Candidates must possess unrestricted work authorization for the location where they are applying, such as British, ILR, Settled Status, or a Skilled Worker Dependent Visa (with extension);
  
  
  • Do not require sponsorship;
  
  
  • Candidate must possess B2 level or higher proficiency in English and the official language in the candidate’s country of residency (if other than English) as specified by the common European framework of reference for languages (or equivalent);
  
  
  • The candidate must be able to pass any background checks associated with jobs applied for. Without limiting the foregoing, if the candidate fails to obtain a job offer directly or partially due to their failure to pass a background check associated with the job offer, the candidate will not be eligible for the refund;
  
  
  • The Candidate must be a resident of 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 before the commencement of the job search period;
  
  
  • The candidate is willing to accept both remote and non-remote positions.
  
  


• 22.1.4 CV and LinkedIn
  
  • Our CV review service is exclusively available to candidates currently enrolled in our career accelerator program and meeting the criteria established by Fortray;
  
  
  • If a candidate chooses not to have their CV marketed, Fortray will not be held liable for job offers.
  
  
  • If we refer you to one of our recruitment partners or team in connection with a job vacancy, we offer no guarantee that you will be offered an interview or a position.
  
  
  • 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.
  
  
  • 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.
  
  
  • Misuse of a candidate's CV will invalidate the placement process and the job guarantee.
  
  
  • Any delay in making the necessary changes will not be considered in the 6-month placement process.
  
  
  • Candidates must consent to GDPR/NDA for the recruitment process and CV marketing to begin.
  
  


• 22.1.5 Job Search
  
  The candidate maintains consistent and professional communication with their Career accelerator’s team, including:
  
  
  • To effectively market the candidate’s profile, the candidate must follow all the placement and support team guidelines. This includes but is not limited to CV reviews, technical and HR interview preparation, clearance of MOC interviews, and pre-placement processes like technical assessment and placement workshops.
  
  
  • Candidates are require to contact the placement specialists within 48 hours. They must maintain full transparency regarding any developments in the recruitment process, including all related communications, proofs, and documents.
  
  
  • Have not failed to attend a job interview without a valid reason within a 100-mile radius of your home location.
  
  
  • Candidates 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 our platform, in writing via the messaging tool on the Fortray platform, or by email;
  
  
  • Candidate has completed at least one telephone/video call with their Placement Specialists within one month of completing the Job placement program;
  
  
  • Candidate has enacted their Placement Specialists’ advice and executed agreed-upon work with placement specialists, including;
  
  
  • The candidate has updated their resume (CV) with their new skills and has had the CV approved by the candidate’s Senior placement specialists; any significant updates/revisions to the CV/resume's content, format, or design must be reviewed with the candidate's placement specialists beforehand;
  
  
  • Candidate has updated or created their profile on LinkedIn or another equivalent job search networking site pre-approved by the candidate’s placement specialists and has had the profile reviewed and approved by the candidate’s senior placement Specialists;
  
  
  • Candidate has a consistent and proactive approach to the job search.
  
  
  • Candidate must follow the guidelines (from the date of completion of all program requirements and after clearance of MOCK Interviews) set out by the placement and career accelerator’s team which includes job applications on daily basis, follow-up, attending the calls (9 AM – 5 PM daily) with placement specialist, recruiters and employers, attending 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;
  
  
  • Candidate 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;
  
  
  • Candidate has created profiles on a minimum of two job boards and has had the profile reviewed and approved by the candidate’s placement specialists;
  
  
  • Candidate demonstrates that the they are actively using their new skills by 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 program. The portfolio must be live for the duration of the candidate’s job search period;
  
  
  • Attend at least ten final Interviews in the last 6 x months after completing the required program and MOCK Interview.
  
  
  • Candidate responds to employers and/or job postings introduced individually to the candidate by the candidate’s placement specialists or the placement services team within 48 hours by completing an application; if the Candidate decides not to apply, they must first provide sufficient justification to their placement specialists within the 48-hour window.
  
  


• 22.1.6 Employment Status
  
  
  • Candidate 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;
  
  
  • Candidate has not previously turned down a job offer in the field during the Job Search Period;
  
  


• 22.1.7 Additional Requirements
  
  
  • Candidate has not opted out of Fortray Career and Placement Services emails;
  
  
  • Candidate has completed the Exit Interview, which is sent upon approval of the refund request;
  
  
  • The satisfaction guarantee can be applied one time only to any candidate/candidate in their lifetime.
  
  


• More Information on Applicable Metropolitan Areas:
  
  To be eligible for the Satisfaction Guarantee, Candidate 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:
  
  
  • The United States
  
  
  • Canada
  
  
  • European Union & European Free Trade Area member countries
  
  
  • The United Kingdom
  
  
  • Australia
  
  
  • 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.
  
  


• 22.1.8 Requesting the Refund:
  
  The Candidate must explicitly request this repayment in written form by emailing support@fortray.com. Fortray must receive the message within 30 days after the lapse of the job search period, which is 6 months after completing all program work and the job preparation program. Failure to provide timely notice will void the satisfaction guarantee and any repayment claim under Section 22.
  
  


• 22.1.9 Processing the Refund:
  
  
  • The reimbursement amounts to the respective program fee minus any rebates and payments made by Fortray to the candidate during the program and can take up to 30 working days.
  
  
  • Candidates who have received a refund will lose access to Fortray’s Program materials, the Fortray Community, the alumni group, and support from career and placement services.
  
  

23 YOUR ACCOUNT WITH US

• 23.1 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.


• 23.2 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.


• 23.3 You agree to accept responsibility for all activities under your account or password. You should tell us immediately if someone has accessed your account without authorization. Log in to your account and change your password.

24 HOW WE HANDLE YOUR ACCOUNT CONTENT AND PERSONAL DATA

• 24.1 Our privacy policy is strong and precise. It complies with UK law incorporating the General Data Protection Regulation (GDPR). Please review our privacy policy at https://Fortray.com/privacy-policy


• 24.2 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.


• 24.3 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 reProgram 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 candidate of this site.


• 24.4 Please notify us of any security breach, unauthorized use of your account, or unauthorized provision of personal data. To report a breach of any kind, please get in touch with us at support@fortray.com


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

25 REMOVAL OF OFFENSIVE CONTENT

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


• 25.2 We are under no obligation to monitor or record the activity of any Candidate 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.


• 25.3 If you are offended by any Content, the following procedure applies:
  • a. You must submit your claim or complaint to us at support@fortray.com, including all relevant information.
  
  
  • b. After receiving notice of a claim or complaint, we shall investigate as far as we decide.
  
  
  • 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 can.
  
  
  • d. We decide to remove content from Our website unless it contravenes any laws or official regulations.
  
  
• 25.4 We reserve the right to re-instate the content you have complained about if it was removed but becomes necessary to re-instate.


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


• 25.6 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.

26 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:

• 26.1 modify, copy, or cause damage or unintended effect to any portion of Our website or any software used within it.


• 26.2 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 candidate who accessed the site by typing the URL into a standard browser.


• 26.3 download any part of Our website without our express written consent


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


• 26.5 collect or use any information obtained from or about Our website or the Content except as this agreement intends.


• 26.6 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.


• 26.7 Share any login credentials to our website with a third party.


• 26.8 Despite the above terms, we now grant a license to you to:
  • a. Create a hyperlink to our website to promote an interest common to both of us. You can do this without specific permission. This license 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 our logo or other proprietary graphics or trademarks as part of the link without our express written consent.

27 INDEMNIFICATION

At their own expense, the Candidate agrees to indemnify, defend, and hold inculpable Fortray and its related parties from all liabilities, claims, costs and losses of any kind (including reasonable). legal fees and costs) arising from or related to the Candidate’s use or misuse of, or access to the Services, content, or otherwise from Candidate Content, violation of these Terms, or infringement by the Candidate, 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 defense and control of any matter subject to indemnification by the Candidate, in which case the Candidate will assist and cooperate with Fortray in asserting any available defenses.

28 WARRANTIES

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

29 LIMITATION OF LIABILITY

• 29.1 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


• 29.2 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.


• 29.3 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 Program Fees paid by You.


• 29.4 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.

30 EVENTS OUTSIDE OUR CONTROL

• 30.1 For 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.


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


• 30.3 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 giving you written notice.

31 INTELLECTUAL PROPERTY

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


• 31.2 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).


• 31.3 All Program Materials are protected by copyright and are intended only for your learning purposes.


• 31.4 The Program materials provided to you may contain license agreements from parties aside from Us. Your Enrolment is subject to your compliance with any applicable license agreements.


• 31.5 EExcept 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 Program Materials, in whole or in part. However, you may:
  • a. Retrieve and display the Program Materials and content from the Learning Portal on your computer screen; and
  
  
  • b. Print one copy of the Program materials – but do not copy or share them in any manner, and
  
  
  • c. Store the Program materials in electronic form, but not on any server or other storage device connected to a network.
  
  


• 31.6 You will be responsible for making any loss We suffer if you use or copy the program materials other than in accordance with these Terms and Conditions.


• 31.7 Without our express written permission, you may not use our name, logos, trademarks, or any other Content on any website of yours or that of any other person.


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

32 CONFIDENTIALITY

• 32.1 A party – “receiving party” – shall keep in strict confidence all technical and/or commercial know-how, specifications, inventions, processes, or initiatives that 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.


• 32.2 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.


• 32.3 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.

33 DISPUTE RESOLUTION

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


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

34 CHANGE IN THE TERMS OF SERVICES

• 34.1 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 Candidate of the respective amendments at least two weeks before the change comes into force via e-mail or in writing. The Candidate accepts the change if he does not state otherwise within six weeks after receipt of the 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. If the Candidate objects, Fortray is entitled not to accept future bookings of programs by the candidate.


• 34.2 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, to adjust the conditions affected corresponding to the purpose of the changed legal context, insofar as the candidate does not have a worse economic position due to the new or changed conditions than according to the original condition.

35 MISCELLANEOUS MATTERS

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


• 35.2 Where we provide products or services without any 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, we have no contractual or other obligation regarding those products or services.


• 35.3 The rights and obligations of the parties in this agreement shall pass to any permitted successor in title.


• 35.4 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.


• 35.5 Any communication to be delivered to either party by the other shall be delivered by hand or sent by first-class post or recorded delivery, commercial courier, or e-mail.
  • a. It shall be deemed to have been delivered:
  
  
  • b. If delivered by hand, it will be 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 when 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 the sender has received no notice of non-receipt.
  
  


• 35.6 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 not a party to the terms and conditions shall not have any right to enforce its terms.


• 35.7 Neither party shall be liable for any failure or delay in the performance of this agreement caused by circumstances beyond reasonable control, including any labor dispute between a party and its employees.


• 35.8 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.


• 35.9 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.


• 35.10 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. The relevant provision or part-provision shall be deemed deleted if such modification is impossible. 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.

36 OUR REPUTATION RIGHTS

• 36.1 We reserve the right to take legal action if you try to damage the company’s reputation or property. This includes reputation platforms like Trustpilot, Google, Facebook, Feefo, etc.


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

37 CANDIDATE RESPONSIBILITIES AND ELIGIBILITY

• 37.1 Program completion and certification: If Applicable, candidates are required to complete the program roadmap and all the necessary steps (Induction, external exam, skill verification, etc.) before starting the placement process.


• 37.2 Mock Interviews: To ensure effective candidate profile marketing, mock interviews are an integral part of the placement process. Candidates are provided with three (3) opportunities to participate in mock interviews. The process may be temporarily put on hold if a candidate fails to perform well during these interviews. A support team member will engage with the candidate to enhance their technical skills for up to two (2) weeks After this period, the candidate will be given a final opportunity to successfully clear the mock interview with the “Placement and Recruitment Team”. Failure to clear the mock interview after this final chance will delay the placement process and render the candidate ineligible for any refund.


• 37.3 Candidate Communication: Affective communication is key during the placement process. candidates who fail to respond to three (3) consecutive emails or calls will be removed from the process and are not eligible for a refund.


• 37.4 Holding the Placement Process with notification: The placement process can be held once and for up to 3 months, the candidates wishing to pause the process must provide a valid reason and email notification to the placement team. Failure to provide such notification will delay the placement process and will not be eligible for any refund. The process can be resumed upon with an acknowledgement to remain active until securing a job.


• 37.5 Holding the Placement Process without any notification: If the candidate leaves the placement process without any valid reason and notification, they will be given the last and final chance to resume the process considering reaching our placement team within 4 weeks’ time. Failur


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


• 37.7 Rescheduling an Interview: The candidate must notify the placement specialist and client 24 hours before rescheduling an interview. Failure to do so will stop the placement process immediately and result in the loss of the right to a refund.


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


• 37.8 Responsibility for Interviews: Fortray is responsible for arranging client interviews 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 completing interview rounds and steps.

38 GRANT OF LICENSE

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

39 COMMUNICATIONS POLICY

• 39.1 Fortray maintains a safe and learning-focused community for all candidates. candidates 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.



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

40 GOVERNING LAW AND JURISDICTION

• 40.1 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.


• 40.2 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.

41 TECHNICAL PROVISIONS

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




The candidate must observe all technical guidelines by Fortray concerning the use of the services to ensure the website and the programs operate undisturbed. Technical guidelines include access to a computer or similar device from which the website and program 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.

Terms and Conditions for Fortray Global Services Limited

These Terms and Conditions are the contracts between students and Fortray Global Services Limited (“us”, “we”, “our”, etc.) for the Program.

By reading this document, you agree to be bound by them.

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

You 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 - G04, 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. DEFINITIONS

In this agreement:

• “Consumer” is an individual acting for purposes wholly or mainly outside that individual’s trade, business, craft, or profession.


• “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 program fees.


• “Program” means any Program, unit, or units of learning you purchase from us.


• “Program Fee/s” means the amount payable by you for the Service or Product.


• “Program Materials” means all material provided by us and/or any of our Code Institutes or Program 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.


• “Program Provider” means any of our Program manufacturers who provide our online training Programs –Fortray OR any of our partners..


• “Program Rules” means and shall include any rules, regulations, standards, policies, codes, charters, and guidelines prescribed and/or endorsed by the Code Institutes as enforced occasionally.


• “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 Program.


• “Enrolment Date” means the date on which we confirm your enrollment or any other date we have determined.


• “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 no interest cost for credit provided under a Credit Agreement.


• “Learning Portal” means an online gateway to Programs, Resources, and other Learning Materials that facilitate e-learning and Virtual Classrooms.


• “Lending Partner” means any lending institution that Fortray may suggest from time to time.


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


• “Order” means an offer by you to purchase products or services by 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 finance providers or Fortray arranged under a credit option to pay for the program materials.


• “Job Assistance” means the candidate will have all our job assistance services including but not limited to CV revamp, LinkedIn optimization, Agency, Technical, and HR Interview assistance only without Money back.


• “Job Assistance Plus” means the candidate will be having our job placement services including but not limited to CV revamp, LinkedIn optimization, Agency, Technical, HR, MOC Interviews, 1 on 1 Profile marketing by our dedicated placement specialists and Job description discussion before any interview without money back.


• “Job Placement” means the candidate will be having our job placement services including but not limited to CV revamp, LinkedIn optimisation, Agency, Technical, HR, MOC Interviews, 1 on 1 Profile marketing by our dedicated placement specialists and Job description discussion before any interview with 50% Money back.


• “Job Placement Plus” means the candidate will be having our job placement services including but not limited to CV revamp, LinkedIn optimization, Agency, Technical, HR, MOC Interviews, 1 on 1 Profile marketing by our dedicated placement specialists and Job description discussion before any interview and will be paying once hired using our Future Earning Agreement (FEA).


• “Future Earning Agreement (FEA)” means the ability to pay for a qualification with a share of a student's future earnings, instead of paying the full fee upfront.


• “Assessment Phase” means the candidate’s skill, experience and reference checks by our Assessment team.


• “Placement Phase” means any of the candidate’s services like CV, LinkedIn, Job board optimization, MOC interviews and the start of the job placement process by our placement specialists.


• “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 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, usually when the Order is made.


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


• “Candidate” means a single user of any Online Learning System with a unique username protected by a candidate-defined password.


• “Terminate” means, concerning the subject matter where it is referred to, to foreclose a Credit Agreement and demand full payment of all amounts due under it; it 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 suppliers of products and/or services by us to any candidate. They prevail over any terms you propose.


• 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 for 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 this agreement's paragraphs and schedules (if any) 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 job assistance, assistance+ and Job placement, placement+ services, which have been designed to expedite the employability of an experienced candidate (struggling to get jobs) in the technology sectors. Each service is scheduled for a fixed period. Once the candidate has subscribed, the services will be delivered via the well-defined assessment and placement process. If the candidate participates in any of the above services, they can schedule an online 1:1 call with our skill assessment team to discuss and clarify any open questions related to the services at dedicated intervals depending on their chosen services. The candidate can find a detailed service description and related terms of each program 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 them.


• 4.2 Each party acknowledges that, in entering into this agreement, the candidate does not rely on any representation, statement, promise, assurance, warranty, information, 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 guarantee that you have full authority to do so and 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 posted here on our website on the day you order products or services.


• 4.5 We may change the price of products or services at any time. However, we will never change the price to affect the price you charge when you buy those products or services.


• 4.6 If you buy products or services from us at any time under any arrangement that does not involve your payment via our website, these terms still apply so far as they can be used.


• 4.7 We have the right to occasionally revise and amend these terms and conditions. You will be subject to any privacy policy in place and the terms and conditions in force when you order the products or services from us unless any change to the privacy policy or terms and conditions is required by law, 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 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 in performing 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 enroll in a specific Program and that you will comply with the program rules.


• 6.5 We will offer alternatives if we do not stock up on all the products or services you order. 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 you received the order number and terms via email.


• 6.9 Your enrolment will be limited to the period specified for your services, commencing on the enrolment date.


• 6.10 Extensions to your enrollment are available for an additional fee on most job assistance and placement services.


• 6.11 You confirm that you understand all pre-requisite skills or experience applicable to your proposed job assistance/placement services and exam (if applicable). You acknowledge and agree that your enrollment and continued participation in the services are subject to your compliance with the rules.

7. BOOKING AND CANCELLATIONS OF MENTOR CALLS

If the candidate participates in an assessment or mentor-supported program or the job assistance/placement services and book a mentor or career specialist call, the candidate shall book such calls more than 48 hours in advance. If the candidate is no longer able to take such a call, the candidate 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 services 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 violates Fortray’s Code of Conduct.


• 8.6 If the “career specialists” or any other member of the Fortray team decides to refuse to enroll 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 5 - 7 working days from the day you place an order to purchase the products or services.


• 9.2 Login details will be delivered to the email address stipulated in your order. You must ensure that the email address provided is correct.


• 9.3 If we cannot deliver your products or services within 5 - 7 days of the date of your order, we will notify you by e-mail to arrange another delivery date.


• 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 specific 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 due to delayed delivery or non-delivery.


• 9.7 Some products or services are hosted on external sites belonging to the Code Institutes. We are not liable for delays or issues caused by circumstances outside our direct control.


• 9.8 The time for delivery specified on the order, if there is 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 that is necessary to comply with any applicable law, or that does not materially affect its nature or quality.


• 9.10 We cannot supply equipment, computers, aids, or software to any candidate. However, we will endeavour to supply any information a candidate requires regarding examination bookings and special needs.


• 9.11 Unless expressly stated, program materials and services fees do not include certification fees, examination fees, personal stationery, unique materials, texts, or any other study-related material you may purchase.


• 9.12 The mode of assessment varies between job assistance/placement services and may include online assessments and/or submission of written assessments – or any combination thereof. We reserve the right to change the mode of evaluation applicable to any services at any time, including after your enrolment. However, where practical, we will 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 services material on any computer system. We strongly recommend that before enrolling in any services, you confirm the compatibility of your computer system with the published specifications for service materials for that program.

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, 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 diagnostic information as we may reasonably require resolving the issue.


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


• 10.4 Please carefully check the technical requirements for our products and services on our website 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:
  a. The products or services are defective to the point of being unfit for purpose.
  b. The products or services are proven to be of unsatisfactory quality.


• 10.8 Whilst we make reasonable efforts to ensure the accuracy of the job assistance/placement materials, we do not represent, warrant, or guarantee that the program materials will be error-free.


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


• 10.10 For the avoidance of doubt, we will not refund service fees if the program 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 (if applicable) and services material 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 in service, the services materials will be available to you via the online learning system/learning Portal (if applicable) on an uninterrupted basis save for:
  a. Unavailability due to our scheduled maintenance of the online Learning system/learning portal (if applicable) or
  b. Additional downtime measured monthly not exceeding 3% of all other time during that month or
  c. An event outside of our control.

11. SERVICES PACKAGES DURATION AND EXAM

• 11.1 Upon purchasing our job assistance and placement services, you are enrolled on a 6-month subscription.


• 11.2 Upon completion of assessment, if candidates have been asked to pass an exam, it’s a candidate’s responsibility to provide the necessary certification required for the job assistance and placement services.


• 11.3 For the avoidance of doubt, you will not be able to request a refund of the examination fees (if applicable) outside of your legal consumer rights and the terms set out here relating to such.


• 11.4 Any terms and/or conditions set by Cisco, CompTIA, Microsoft, and/or any other vendor, in respect of their examination guidelines, are also applicable. You are responsible for understanding and adhering to those terms and/or conditions.

12. SERVICES PAUSES

• 12.1 The services are within a specified overall service delivery time (6 months) to give candidates flexibility to work around their schedules.


• 12.2 You will have access to the services material for 6 months unless otherwise stipulated.


• 12.3 In some exceptional circumstances, the services can be paused or frozen for up to 3 months during the service delivery period. However, candidates will be responsible for making their scheduled payments during the service delivery and may not delay or pause their payments.


• 12.4 Time spent away from the program or services is the candidate’s responsibility and will increase the overall placement time.


• 12.5 If the candidate holds the process for 2 weeks, the placement process time (6 months) will be reset.

13. TRANSFERRING AND CHANGE OF SERVICES

• 13.1 If you purchase the services as a candidate, your enrolment is personal to you only, and you may not transfer the services to any other person or change to any other mode of services. In special circumstances, you may transfer after our management approval (a fee may be applicable).


• 13.2 If you have purchased a service on behalf of your company or organization and provided the company’s/organization’s details to us, we may, at our discretion, transfer your enrolment(s) to other people within your company/organization only. Please get in touch with 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 service fees as a credit against any other program 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 service.
  • The fee for the alternative services is equal to, or less than, the original services fee, or you agree to pay us the difference where the services fee for the alternative services is higher than the original services fee.
  • You agree and warrant that you have not made any copies of the program or services materials or reproduced them in any way.
  • You agree and warrant that you have destroyed any program and services materials you downloaded onto your computer system or any other such device and any hard copies of program and services materials you have gained through the original services or program.


• 13.5 The candidate can switch to another service if:
  • Submit your request within 14 days of purchasing the service.
  • And request to make any change before the placement phase.



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

14. RIGHT OF FORTRAY TO WITHDRAW CANDIDATES FROM THE SERVICES

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

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


• 14.2 Failing to attend scheduled calls with support, assessment, and placement without advance notification.


• 14.3 Violating our code of conduct on our social media/community, chat tools such as WhatsApp, in person, or exchanges with Fortray community members, including mentors, assessors, placement specialists, Fortray employees, and other candidates.


• 14.4 Repeated failure to implement feedback given by mentors, assessors, and placement specialists.


• 14.5 Failing to reply to 3 consecutive emails OR calls within 1 month.

15. PRICE AND PAYMENT

• 15.1 The price payable for the products or services that you order is set out on our website.


• 15.2 Payment for all services must be made in advance by credit or debit card or by the continuous payment authority. We accept Visa Debit, MasterCard, and American Express. We currently also accept payment via bank transfer, PayPal, Wise Revolut, and Direct Debit Mandate.


• 15.3 The service fees will be set out in the quotation we provided. If we have not provided you with a quotation or the quotation has expired, the service fees will be determined by the price list in force. Prices may change at any time, but price changes will not affect any orders that we have confirmed in writing.


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


• 15.5 For the "Future Finance" or "Pay Once You Hired" program, participants must pay an initiation fee to the 3rd party or our finance providers upon enrollment.


• 15.6 It is possible that the price posted on our website has increased. If that happens, we will not deliver the services until you have confirmed that you wish to buy at the new price.


• 15.7 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 VAT rate 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 services in full before the change in the VAT rate takes effect.


• 15.8 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.


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


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


• 15.11 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.


• 15.12 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 instalment.
  • We may cancel the continuous payment authority and require you to pay any outstanding balance in full.
  • We reserve the right to continue attempts to collect any failed payment for a period of 1 month from the due date of such payment or refer your payments to a third-party debt collection agency, which may then add additional charges.
  • Terminating this agreement by giving you written notice and requiring you to pay all outstanding amounts owing to us within fourteen (14) days of being notified of such in writing.
  • If you breach the payment contract with our third-party finance company (like Premium Credit Solution, etc.), you will still be obligated to pay Fortray the agreed amount. Additionally, Fortray reserves the right to collect the agreed payment for the services under all circumstances.
  • If you are a candidate and find it challenging to maintain your payments, please get in touch with our support team via email at support@fortray.com or call 02079934928Option 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.


• 15.13 If you have a payment dispute, please contact support@fortray.com promptly and provide all relevant details. We reserve the right to deal with such disputes on a case-by-case basis.


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


• 15.15 Subject to any exception stated or outlined in these terms and conditions or any product or service listing, service fees cover all service materials.


• 15.16 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.
  • You shall return all service materials that have not been fully paid for.
  • 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.
  • Clauses that expressly or by implication survive termination shall continue in full force and effect.

16 CREDIT OPTIONS

• 16.1 Fortray provides you with the option to pay your job assistance/placement services 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 12 months. Longer-term credit is provided through Lending Partners.


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


• 16.3 The terms and conditions of this contract, which concern the provision of the services materials and Services, are separate from those contained in the Credit Agreement.


• 16.4 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.


• 16.5 Payment via a credit agreement will not affect the terms and conditions that form this contract. We reserve the right to withdraw access to interest-free payments and demand payment in full at any time.

17 SECURITY OF YOUR CREDIT CARD

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


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


• 17.2 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.

18 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.

19 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.

• 19.1 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 hard copy.


• 19.2 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.
  
  
  • b. If your placement phase has not started, you may cancel your order at any time within fourteen (14) days of the date you received it. You may cancel your order without giving a reason.
  
  
  • c. If you wish to cancel your order, please contact via email at support@fortray.com and fill the form.
  
  


• 19.3 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 return and refund procedure.
  
  


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


• 19.5 The option to cancel your order is not available if:
  • f. The products or services have been accessed and utilized beyond the placement phase.
  
  
  • g. The fourteen (14) day cancellation period has expired.
  
  


• 19.6 We will not refund:
  • h. The 14-day cancellation period has expired.
  
  
  • i. Leaving the country (UK) permanently.
  
  
  • j. The placement phase is started.
  
  
  • k. Change of any circumstance (including personal or financial).
  
  
  • l. Failing the exams.
  
  
  • m. Failing to accept the job placement/offer.
  
  
  • n. Accepted any other job during the training and placement.
  
  


• 19.7 You may cancel your payment instalments 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.

20 PRODUCTS OR SERVICES RETURNED

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

• 20.1 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.

21 SATISFACTION GUARANTEE AND MONEY-BACK POLICY

Fortray guarantees its candidates that they will get a job in the field within 6 months (excluding 15 Dec – 15 Jan) after both the successful completion of the assessment and placement phases (external exam if applicable) and the MOC interview with the placement specialist, whichever is later (see 21.2) (the “Job Search Period”). Otherwise, Fortray offers a 50% refund on job placement services only (other than official exam costs if applicable, VAT, and third-party charges) until their service fees are fully paid back provided that all the following conditions have been fulfilled:

• 21.1 You are not obliged to, but if you choose to accept a job offer for less than our salary threshold (£20-45K), this will avoid the money-back guarantee. This could apply to candidates seeking permanent or contract positions instead of full-time. The candidate’s repayment claim under section 21 is subject to the following conditions:


• 21.1.1 Services and Exam Completion
  
  The candidate has completed the mandatory requirements for subscribed services, including:
  
  
  • Completion of assessment and placement phases with our placement specialists
  
  
  • Pass the exam (if applicable) at the UK/EU/US/CANADA/Australia/New Zealand Testing Centre only (Remote test is not allowed)
  
  
  • All Candidates must provide proof of the exam Centre to our Support team.
  
  


• 21.1.2 Payments
  
  • Candidate has fully paid all due for the services
  
  
  • If the candidate has a loan to pay for the services, Fortray does not refund the interest.
  
  
  • To qualify as being referred to as one of our recruitment partners or team, your service fees must be paid in full, and no outstanding monies are owed to us.
  
  
  • If you have selected the "Future Finance" or "Pay once You Get Hired" plan, you must pay an initiation fee to 3rd party or our finance provider upon enrollment.
  
  


• 21.1.3 Work Eligibility
  
  Candidate must be at least 18 years of age and have a minimum of 6-12 months of experience in their field of interest.
  
  
  • Candidates must possess unrestricted work authorization for the location where they are applying.
  
  
  • Do not require sponsorship.
  
  
  • Candidate must possess B2 level or higher proficiency in English and the official language in the candidate’s country of residency (if other than English) as specified by the Common European Framework of Reference for Languages (or equivalent);
  
  
  • The candidate must be able to pass any background checks associated with jobs applied for. Without limiting the foregoing, if the candidate fails to obtain a job offer directly or partially due to their failure to pass a background check associated with the job offer, the candidate will not be eligible for the refund;
  
  
  • The candidate must be a resident of 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 before the commencement of the Job Search Period.
  
  
  • The candidate is willing to accept both remote and non-remote positions.
  
  


• 21.1.4 CV and LinkedIn
  
  • Our CV review service is exclusively available to candidates currently enrolled in our job assistance/placement and meeting the criteria established by Fortray;
  
  
  • If a candidate chooses not to have their CV marketed, Fortray will not be held liable for job offers.
  
  
  • 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 be offered an interview or a position.
  
  
  • 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.
  
  
  • 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.
  
  
  • Misuse of a candidate's CV will invalidate the placement process and the job guarantee.
  
  
  • Any delay in making the necessary changes will not be considered regarding the 6-month placement process.
  
  
  • Candidates must consent to GDPR/NDA for the recruitment process and CV marketing to begin.
  
  


• 21.1.5 Job Search
  
  The candidate maintains consistent and professional communication with their placement specialist, including:
  
  
  • To effectively market the candidate profile, the candidate must follow all the placement and Support team guidelines. This includes but is not limited to CV reviews, video CVs, technical and HR interview preparation, clearance of MOC interviews, and pre-placement processes like technical assessment and placement workshops.
  
  
  • The candidates are required to respond to contact placement specialists within 48 hours. They must maintain full transparency regarding any developments in the recruitment process, including all related communications, proofs, and documents.
  
  
  • Have not failed to attend a job interview without a valid reason within a 100-mile radius of your home location.
  
  
  • Candidates have checked in every other week during the 6 months following services with their placement specialists in 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;
  
  
  • Candidate has completed at least one telephone/video call with their placement specialists within one month of completing the job assistance/placement services;
  
  
  • Candidate has enacted their placement specialists’ advice and executed agreed-upon work with Placement Specialists, including;
  
  
  • The candidate has updated their resume (CV) with their new skills and has had the CV approved of by the candidate’s senior placement specialists; any significant updates/revisions to the CV/resume's content, format, or design must be reviewed with the candidate's Placement Specialists beforehand;
  
  
  • Candidate has updated or created their profile on LinkedIn or another equivalent job search networking site pre-approved by the Candidate’s Placement Specialists and has had the profile reviewed and approved by the Candidate’s Senior Placement Specialists;
  
  
  • Candidates have a consistent and proactive approach to the job search.
  
  
  • Candidate must follow the guidelines (from the date of completion of all service requirements and after clearance of MOCK Interviews) set out by the placement specialist team which includes job applications on daily basis, follow-up, attending the calls (9 AM – 5 PM daily) with placement specialist or 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;
  
  
  • Candidates 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;
  
  
  • Candidate has created profiles on a minimum of two job boards and has had the profile reviewed and approved by the candidate’s placement specialists;
  
  
  • The candidate demonstrates that the candidate is actively using their new skills by showcasing a minimum of three (3) completed portfolio projects related to their program of study (if applicable), in the form of case studies, published on their approved personal portfolio website within two (2) months of completing the job preparation program. The portfolio must be live for the duration of the candidate’s job search period;
  
  
  • Attend at least ten final Interviews in the last 6 x months after completing the required services and MOCK Interview.
  
  
  • The candidate responds to employers and/or job postings introduced individually to the candidate by the candidate’s placement specialists or the placement services team within 48 hours by completing an application; if the candidate decides not to apply, they must first provide sufficient justification to their placement specialists within the 48-hour window.
  
  


• 21.1.6 Employment Status
  
  
  • Candidates have failed to find a job in their new field by the end of the job search period or do not have paid work in their new field exceeding 15 hours per week/60 hours per month;
  
  
  • Candidate has not previously turned down a job offer in the field during the job search period;
  
  


• 21.1.7 Additional Requirements
  
  
  • Candidates have not opted out of Fortray career and placement Services emails;
  
  
  • The candidate has completed the Exit Interview, which is sent upon approval of the refund request;
  
  
  • The satisfaction guarantee can be applied once only to any candidate in their lifetime.
  
  


• More Information on Applicable Metropolitan Areas:
  
  To be eligible for the satisfaction guarantee, the candidate 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:
  
  
  • The United States
  
  
  • Canada
  
  
  • European Union & European Free Trade Area member countries
  
  
  • The United Kingdom
  
  
  • Australia
  
  
  • 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.
  
  


• 21.1.8 Requesting the Refund:
  
  The Candidate must explicitly request this repayment in written form by emailing support@fortray.com. Fortray must receive the message within 30 days after the lapse of the job search period, which is 6 months after completing all assessment and placement work and the job preparation services. Failure to provide timely notice will avoid the satisfaction guarantee and any repayment claim under Section 21.
  
  


• 21.1.9 Processing the Refund:
  
  
  • The reimbursement amounts to the respective services fee minus any rebates and payments made by Fortray to the candidate during the services and can take up to 30 working days.
  
  
  • Candidates who have received a refund will lose access to Fortray’s Program materials, the Fortray community, the Alumni Group, and support from career and placement services.
  
  

22 YOUR ACCOUNT WITH US

• 22.1 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.


• 22.2 If you use our website or any associated Learning portals, you are responsible for maintaining the confidentiality of your account and password and preventing any unauthorized person from using your account.


• 22.3 You agree to accept responsibility for all activities under your account or password. You should tell us immediately if someone has accessed your account without authorization. Log in to your account and change your password.

23 HOW WE HANDLE YOUR ACCOUNT CONTENT AND PERSONAL DATA

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


• 23.2 You now irrevocably authorize 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.


• 23.3 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 breach of the third party’s rights or any laws, you will be liable for any legal services relating to any law that may arise from this breach. We cannot take responsibility for the accuracy or legitimacy of any information provided to us by any site candidate.


• 23.4 Please notify us of any security breach, unauthorized use of your account, or unauthorized provision of personal data. To report a breach of any kind, please get in touch with us at support@fortray.com


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

24 REMOVAL OF OFFENSIVE CONTENT

• 24.1 For the avoidance of doubt, this section is addressed to any person who visits or uses our website for any purpose.


• 24.2 We are under no obligation to monitor or record the activity of any candidate 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 or giving you a reason.


• 24.3 If you are offended by any content, the following procedure applies:
  • a. You must submit your claim or complaint to us at support@fortray.com, including all relevant information.
  • b. After receiving notice of a claim or complaint, we shall investigate as far as we decide.
  • 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 can.
  • d. We decide to remove content from our website unless it contravenes any laws or official regulations.


• 24.4 We reserve the right to re-instate the content you have complained about if it was removed but becomes necessary to re-instate.


• 24.5 Concerning any complaint made by you or any person on your behalf, whether correctly reported or not, you now irrevocably grant us a license to publish the complaint and all ensuing correspondence and communication without limit.


• 24.6 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.

25 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:

• 25.1 Modify, copy, or cause damage or unintended effects to any portion of our website or any software used within it.


• 25.2 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 candidate who accessed the site by typing the URL into a standard browser.


• 25.3 Download any part of our website without our express written consent.


• 25.4 Collect or use any product listings, descriptions, or prices for any purpose other than those intended by us.


• 25.5 Collect or use any information obtained from or about our website or the content except as this agreement intends.


• 25.6 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.


• 25.7 Share any login credentials to our website with a third party.


• 25.8 Despite the above terms, we now grant a license to you to:
  • a. Create a hyperlink to our website to promote an interest common to both of us. You can do this without specific permission. This license 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 our logo or other proprietary graphics or trademarks as part of the link without our express written consent.

26 INDEMNIFICATION

At their own expense, the candidate agrees to indemnify, defend, and hold inculpable Fortray and its related parties from all liabilities, claims, costs and losses of any kind (including reasonable). legal fees and costs) arising from or related to the candidate’s use or misuse of, or access to the services, content, or otherwise from candidate content, violation of these Terms, or infringement by the candidate, 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 candidate, in which case the candidate will assist and cooperate with Fortray in asserting any available defences.

27 WARRANTIES

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

28 LIMITATION OF LIABILITY

• 28.1 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;
  • c. Breach of the terms implied by Section 2 of the Supply of Goods and Services Act 1982 – Title and Quiet Possession.


• 28.2 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.


• 28.3 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 services fees paid by you.


• 28.4 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.

29 EVENTS OUTSIDE OUR CONTROL

• 29.1 For 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.


• 29.2 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.


• 29.3 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 giving you written notice.

30 INTELLECTUAL PROPERTY

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


• 30.2 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).


• 30.3 All service materials are protected by copyright and are intended only for your learning purposes.


• 30.4 The service materials provided to you may contain license agreements from parties aside from Us. Your Enrolment is subject to your compliance with any applicable license agreements.


• 30.5 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 program materials, in whole or in part. However, you may:
  • Retrieve and display the services materials and content from the Learning Portal on your computer screen;
  • Print one copy of the program materials – but do not copy or share them in any manner, and
  • Store the Program Materials in electronic form, but not on any server or other storage device connected to a network.


• 30.6 You will be responsible for making any loss We suffer if you use or copy the Program Materials other than by these Terms and Conditions.


• 30.7 Without our express written permission, you may not use our name, logos, trademarks, or any other Content on any website of yours or that of any other person.


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

31 CONFIDENTIALITY

• 31.1 A party – “receiving party” – shall keep in strict confidence all technical and/or commercial know-how, specifications, inventions, processes, or initiatives that 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.


• 31.2 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.


• 31.3 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.

32 DISPUTE RESOLUTION

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


• 32.2 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.
  • 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 mediation or arbitration.

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

33 CHANGE IN THE TERMS OF SERVICES

• 33.1 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 Candidate of the respective amendments at least two weeks before the change comes into force via e-mail or in writing. The Candidate accepts the change if he does not state otherwise within six weeks after receipt of the 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. If the Candidate objects, Fortray is entitled not to accept future bookings of Programs by the Candidate.


• 33.2 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, to adjust the conditions affected corresponding to the purpose of the changed legal context, insofar as the Candidate does not have a worse economic position due to the new or changed conditions than according to the original condition.

34 MISCELLANEOUS MATTERS

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


• 34.2 Where we provide products or services without any 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, we have no contractual or other obligation regarding those products or services.


• 34.3 The rights and obligations of the parties in this agreement shall pass to any permitted successor in title.


• 34.4 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.


• 34.5 Any communication to be delivered to either party by the other shall be delivered by hand or sent by first-class post or recorded delivery, commercial courier, or e-mail.
  • a. It shall be deemed to have been delivered:
  • b. If delivered by hand, it will be 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 when 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 the sender has received no notice of non-receipt.


• 34.6 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 not a party to the Terms and Conditions shall not have any right to enforce its terms.


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


• 34.8 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.


• 34.9 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.


• 34.10 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. The relevant provision or part-provision shall be deemed deleted if such modification is impossible. 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.

35 OUR REPUTATION RIGHTS

• 35.1 We reserve the right to take legal action if you try to damage the company’s reputation or property. This includes reputation platforms like Trustpilot, Google, Facebook, Feefo, etc.


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

36 CANDIDATE RESPONSIBILITIES AND ELIGIBILITY

• 36.1 Services completion and certification: If Applicable, Candidates are required to complete the full services roadmap and all the necessary steps (assessment and placement etc.) before starting the placement process.


• 36.2 Mock Interviews: To ensure effective candidate profile marketing, mock interviews are an integral part of the placement process. Candidates are provided with three (3) opportunities to participate in mock interviews. The process may be temporarily put on hold if a candidate fails to perform well during these interviews. A support team member will engage with the candidate to enhance their technical skills for up to two (2) weeks. After this period, the candidate will be given a final opportunity to successfully clear the mock interview with the placement specialists team.


• Failure to clear the mock interview after this final chance will delay the placement process and render the candidate ineligible for any refund.


• 36.3 Candidate Communication: Affective communication is key during the placement process. Candidates who fail to respond to three emails or calls will be removed from the process and not eligible for a refund.


• 36.4 Holding the Placement Process: Candidates wishing to pause the placement process must provide a valid reason and email notification to the placement team. The process can be held for up to 3 months. Failure to provide such notification will delay the placement process and render the candidate ineligible for any refund. Upon resuming the process, candidates must acknowledge that they will remain active and will not pause the process again until securing a job.


• If a candidate leaves the process without informing Fortray, Fortray will allow one rejoining request. Failure to do so will result in permanent termination of services with no refund.


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


• 36.6 Rescheduling an Interview: The candidate must notify the placement specialist and client 24 hours before rescheduling an interview. Failure to do so will stop the placement process immediately and result in the loss of the right to a refund.


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


• 36.8 Responsibility for Interviews: 36.8Fortray is responsible for arranging client interviews 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 completing interview rounds and steps.

37 GRANT OF LICENSE

• Fortray grants each candidate a worldwide non-exclusive, non-sub-licensable, and non-transferable license to use any content provided by Fortray on the website (“Content”) solely to use the services. The use, reproduction, modification, distribution, or storage of content for any other purpose is expressly prohibited without Fortray's prior written permission.

38 COMMUNICATIONS POLICY

• 38.1 Fortray maintains a safe and learning-focused community for all candidates. Candidates 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 behaviour.



Candidates who violate the communications policy, Fortray, may withdraw from their services. See Section 14

39 GOVERNING LAW AND JURISDICTION

• 39.1 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.


• 39.2 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.

40 TECHNICAL PROVISIONS

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




The Candidate must observe all technical guidelines by Fortray concerning the use of the Services to ensure the Website and the Programs operate undisturbed. Technical guidelines include access to a computer or similar device from which the website and Program 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.