1. By ordering any FME online Course you agree to be bound by these terms and conditions.
FME / your Tutor / FME as agent for your Tutor
2. Fmetraining.com and fmelearnonline.com are operated by FME Training Ltd (‘FME’) whose registered office is 30 Reigate Road, Reigate, Surrey RH2 0QN, UK, registered in England and Wales under company number 04091572, Telephone number +44 (0)1737 233538.
3. Fmetraining.com and fmelearnonline.com contain details of courses, resources or other products offered by FME and by other Tutors and Tuition Companies (the Tutor).
4. When you place an order and make payment for a course, resource or product (your Course) you are making an offer to the Tutor or Tuition Company listed as responsible for that Course (‘your Tutor’). This may or may not be FME.
5. The liability for the quality and availability of the Course offered rests with your Tutor. FME Training shall not be liable for the quality of any Course offered unless that Course is offered by FME. For the avoidance of doubt, FME is acting as the agent of the Tutor providing your Course.
6. You may order a Course from your Tutor via our website or via email. Your order is accepted by your Tutor once cleared funds have been received by FME or your Tutor.
7. Access to your Course is via FME’s Virtual Learning Environment (VLE) study.fmelearnonline.com (the “VLE”), and unless stated otherwise in the Course description access to that Course shall be given from the date of your Course enrolment to the date of the next exam sitting for that qualification only.
8. Your Course is personal to you and you may not transfer your rights to access your Course or provide access to your Course, in whole or in part, to any other person. Video content is designed only to be viewed online and should not be recorded for viewing offline. FME will retain a record of the IP addresses you use to access all materials held on the VLE, and reserves the right to suspend or cancel your enrolment should FME or your Tutor believe you are abusing this clause or if you hide or otherwise disguise your IP address. In such circumstances no refund of any fee will be given.
Enrolment and cancellation
9. You will be enrolled on the VLE within two working days of funds clearing to FME or your Tutor via a payment gateway such as PayPal, Amazon or Authorize.net (often you will be enrolled immediately), or within five working days of FME receiving your payment if paying by bank transfer. If you wish to withdraw your offer please email your tutor immediately, and under no circumstances should you then access the VLE for your Course. You may cancel any purchase within 30 days of your order and receive a full refund UNLESS you have accessed the VLE using your registered name and password, or you have submitted work for marking, or you have purchased a downloadable product.
Course amendment / Course fee amendment
10. Your Tutor reserves the right to withdraw Courses at any time, or to amend the fee for any Course, or to change the dates and/or times of any webinar delivered under your Course. If you have already enrolled on a Course which is cancelled you will be offered the choice between receiving a pro-rata refund or enrolment on an alternative Course.
11. Where a Course is withdrawn your Tutor shall endeavour to give you reasonable notice of this.
12. FME and your Tutor reserve the right from time to time to change the amount of the Fee. In the unlikely event that the amount of the Fee displayed on the Website is incorrect, your Tutor will notify you as soon as it reasonably can. If the correct Fee is higher than the amount displayed on the Website, your Tutor will contact you to notify you of the correct Fee and you will be offered a choice between continuing with your order at the increased Fee, or to cancel your order and receive a full refund of any amount you have already paid. If the correct Fee is lower, your Tutor will refund you the difference between the amount which you have paid and the correct Fee payable.
Student commitment and behaviour
13. Your commitment to and diligent pursuit of your studies is the key to your success. We monitor your use of our materials, and many Courses also include tests, assignments and/or homework. Your tutor reserves the right to suspend your individual access to a Course in the event that you do not complete such tests, assignments and/or homework adequately without good reason and/or do not respond to reasonable requests for explanations and/or do not participate adequately in a Course on which you are enrolled. In such cases you will be required to give assurances you will adequately complete any required tests, assignments and/or homework before being re-enrolled on your Course. In the event you do not give such assurances, or do not complete such work as you undertake to complete, or your assurances are not deemed adequate by your Tutor, you may be permanently excluded at the discretion of your Tutor.
14. If your Course includes Tutor support then this may be via whatsapp, email, study site forum, Skype, Webinar or some other communication mechanism and:
a) any and all communications and behaviour shall be professional and mutually respectful. Any unprofessional or disrespectful communication or behaviour may result in you being suspended or excluded from your Course,
b) your Tutor shall respond to any request for support within a reasonable period (usually 24 hours). Your Tutor may advise you of holiday periods when their responses may be delayed. Please advise FME if you do not get a timely response from your Tutor,
c) in exceptional circumstances your Tutor may limit the amount of Tutor support you receive where you make excessive demands on your Tutor. What constitutes excessive demands is at the discretion of your Tutor. If your Tutor notifies you of such a limit then you may apply to withdraw from your Course, and in this case you will be refunded a fraction of your Course fee. This refund shall be estimated by your Tutor. If you disagree with the proposed refund amount then you may request FME to review it, in which case the assessment of FME on the reasonableness of any refund shall be final.
15. Any decision to defer sitting for your exam is yours. Your Tutor may in exceptional circumstances recommend you consider deferring your exam sit but the decision to do so, or not to do so, rests solely with you. If you choose to defer your exam sit you should notify your Tutor as soon as possible. Your Tutor may, at their sole discretion, offer you the option to enrol on a later Course at a reduced fee (the Deferral Fee). The amount of this Deferral Fee will be at the sole discretion of your Tutor, and is likely to be influenced by your reasons for deferral, the use you have made of our study materials to date, and on other factors your tutor deems relevant.
Webinars / webinar recordings
16. Webinars are usually recorded. However, where a webinar is not recorded, either due to that webinar not taking place being cancelled or a technical failure, the liability of your tutor shall be limited to either providing a recording of an equivalent webinar, or offering a pro-rata refund for those who did not attend. For those who attended any such webinar, whether in part or for the whole of that webinar, no pro-rata refund shall be due. Where a webinar is scheduled, but no student has logged on to the webinar within 15 minutes of the commencement of that webinar, the tutor may cancel that webinar and provide an equivalent recording instead.
Fees / UK Value Added Tax
17. Fees for Courses and Resources are quoted in pounds sterling inclusive of VAT (if applicable) and exclusive of all postal charges payable in relation to the delivery of your Course (if any) and any import duties, taxes and customs clearances which may be payable either by you or by FME or your Tutor. Where VAT is included in the quoted price this will be made clear by your Tutor. FME Training Ltd is not currently VAT registered.
18. All our Courses/Resources include a personal service element by your Tutor (no matter how small), and are therefore not classed as electronic services for VAT purposes. If you purchase your Course and your Tutor is VAT registered 20% VAT will be added to your payment prior to the completion of your transaction.
19. If you are a registered business outside the UK then you may not be due to pay VAT, in which case you should email us with evidence of your status and your proposed Course and FME will forward your email to the relevant tutor, who will choose whether to charge VAT on their services in such cases, and how payment should be made.
Connection to our services
20. You may incur charges to your internet service provider while you are accessing or using your Course. Charges may also be payable to third parties for use of the software necessary to access your Course. You are responsible for paying these charges. In some jurisdictions, access to video material held on sites that host your course material may be restricted (FME uses Vimeo for video hosting and Adobe Connect for Webinars), and you should check before ordering that this will not prevent you using such services.
22. You acknowledge and accept that FME cannot be held responsible for any technical problems you encounter following the purchase of your Course.
23. If you report a fault with your Course then FME shall endeavour to correct it within a reasonable time.
24. FME is not obliged to offer you any technical support in relation to your use of your Course, but FME may elect to offer technical support and the extent of any such technical support is entirely at the discretion of FME, and FME cannot be held responsible for the any consequence from following, or not following, such support or advice.
25. You accept and acknowledge that periods of downtime may be required in respect of the information technology infrastructure connected to FME websites and that technical support may not be available during such periods of downtime. Further you accept that you will not have a claim for breach of contract or otherwise in respect of any such period of unavailability.
26. FME will use reasonable endeavours to make your Course available but cannot guarantee uninterrupted, timely or error-free availability or that defects will be corrected. FME reserves the right to suspend access to FME websites for the purpose of scheduled or emergency maintenance, repairs or upgrades to improve the performance or functionality of the Website.
27. You also accept and acknowledge that FME cannot be held responsible for any delay or disruptions to your access to your Course as a result of such suspension or any of the following:
a) the operation of the internet and the World Wide Web, including but not limited to viruses;
b) any firewall restrictions that have been placed on your network or the computer you are using to access your Course;
c) failures of telecommunications links and equipment; or
d) updated browser issues.
Suitability of study materials
28. FME expects you to take reasonable care to verify that your Course will meet your needs. Neither your Tutor nor FME make any commitment to you that you will obtain any particular result from your use of your Course. Neither your Tutor nor FME makes any representation, guarantee or commitment to you that your Course will be error free. FME does not make any commitment that your Course will be compatible with or operate with your software or hardware.
Liability under this contract
29. All representations, warranties and/or terms and/or commitments not expressly set out in these Terms (whether implied by law, conduct, and statute or otherwise) are hereby excluded to the maximum extent permissible by law.
30. The exclusions and limitations of liability contained in these Terms do not apply to a party’s liability: (i) for fraud or wilful default; (ii) for death or personal injury caused by its negligence; or (iii) where such limitation or exclusion cannot lawfully be excluded.
31. Except as set out in these Terms, neither FME nor your Tutor shall be responsible for losses that result from its failure to comply with these Terms including, but not limited to, losses that fall into the following categories:
a) indirect or consequential losses
b) loss of income or revenue
c) loss of business
d) loss of anticipated savings
e) loss or corruption of data.
32. Neither FME nor your Tutor can be held responsible to you for any data that you lose as a result of accessing your Course. It is your responsibility to ensure that you regularly save and back up all data which you hold on the computer from which you are accessing your Course.
33. Save as otherwise set out in this section “Limitation of liability”, your Tutor’s and FME’s maximum aggregate liability to you for any claims that you may have against your Tutor or FME for direct loss in contract, tort or otherwise arising out of or in connection with these Terms, your use of your Course and any technical support shall be limited to the amount of the Fee which has been paid, or is payable, by you or on your behalf for your Course.
34. Neither your Tutor nor FME will be held responsible for any delay or failure to comply with its obligations under these conditions if the delay or failure arises from any cause which is beyond its reasonable control. This condition does not affect your statutory rights.
35. Your Course is for educational purposes only. Neither your Tutor nor FME will accept any responsibility to any party for the use of your Course for any purpose other than for educational purposes, including but not limited to the giving of advice by you to any third party.
36. At all times, your Tutor, FME and/or their licensors, remain the owner of the intellectual property in your Course. No part of your Course may be reproduced, stored in a retrieval system or transmitted in any form or by any means without the prior written permission of FME.
37. In consideration of receipt by your Tutor of the Fee, your Tutor grants to you a non-exclusive, non-transferable licence to use your Course strictly for your own educational purposes only. The licence granted is to access your Course from two devices only. FME and your Tutor have access to the IP address of those devices that access the VLE, and reserves the right to cancel your access without the return of any fee, should you access your Course via our VLE from more than two devices.
38. Save as expressly set out in these Terms, you may not modify, copy, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit, make available, disseminate or distribute in any way any of your Course. You may not modify, adapt, merge, translate, disassemble, decompile, recompile or reverse engineer any software forming part of your Course or create derivative works based on the whole of or any part of your Course or incorporate any part of your Course into any software program. Use of your Course not expressly permitted in these Terms is strictly prohibited and will constitute an infringement of either your Tutor’s or FME’s copyright or your Tutor’s or FME’s other intellectual property rights, and / or the copyright or other intellectual property rights of your Tutor’s or FME’s licensors.
39. FME is registered with the Data Commissioners Office under registration reference Z3317981. FME will process the personal information it receives from you or otherwise holds about you in accordance with the General Data Protection Regulations. You consent to the use by your Tutor and FME of such information in accordance with those regulations until and unless you have withdrawn your consent. FME and / or your Tutor will use your data to supply the services you have bought. FME or your Tutor may use your data for direct marketing (unless you request otherwise). FME will not share your data with third parties unless this is necessary for the delivery of your Course to you or other students, or is a statutory requirement. You have the right to receive details of the personal information held by FME by contacting Mark Ingram via firstname.lastname@example.org. The Appendix labelled ‘Data Protection Policy’ appended to and forming part of these Terms and Conditions outlines the nature of the personal data FME holds and how this is used and protected.
40. In the event that you do not wish to receive marketing correspondence from FME or your Tutor or any member of the FME group of companies, a written request or email should be sent to your Tutor and/or FME at email@example.com.
41. Your Tutor reserves the right to charge late payment interest on any overdue amounts, at a rate of 8% a year above the base lending rate of Barclays Bank plc from time to time. The interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with the overdue amount.
42. FME and your Tutor reserve the right to recover any reasonable debt collection costs in connection with these Terms.
Other terms and conditions
43. FME may update or amend these Terms from time to time to comply with law or to meet its changing business requirements without notice to you. Any updates or amendments will be posted on the website www.fmelearnonline.com.
44. These Terms constitute the entire agreement and understanding between the parties and supersedes and replaces any other terms and conditions previously published by FME and any other understanding, undertaking, representation, warranty, arrangement or statement of any nature whatsoever made by FME or your Tutor to you, whether oral, written or otherwise, relating to the subject matter of these Terms.
45. You may not assign or sub-contract any of your rights or obligations under these Terms to any third party unless we agree in writing. FME or your Tutor may assign, transfer or sub-contract any of their rights or obligations under these Terms to any third party at their discretion.
46. No relaxation or delay by FME or your Tutor in exercising any right or remedy under these Terms shall operate as waiver of that right or remedy or shall affect its ability to subsequently exercise that right or remedy. Any waiver must be agreed by FME or your Tutor in writing.
47. If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms shall remain in full force and effect.
48. Any notices required to be served on you by FME or your Tutor under these Terms will be deemed properly served if emailed to the email address notified by you. Any notices required to be served on FME or your Tutor by you will be deemed properly served if sent to the address set out at the start of this agreement.
49. A notice delivered personally is deemed to be given on the day on which it was left at the specified address. A notice sent by post is deemed to be given on the day it was posted as evidenced by the sender. A notice sent by fax or email is deemed to be given on the day it was sent.
50. The agreement between you and FME and your Tutor will be concluded in English only.
51. The agreement between you and FME and your Tutor which is compromised in these Terms is not intended to be for the benefit of any other party, and shall not be exercised by any other person under the Contract (Rights of Third Parties) Act 1999 or otherwise.
52. These Terms and any other matters arising out of or in relation to these Terms are governed by and construed in accordance with the laws of England and Wales. You agree to submit to the exclusive jurisdiction of the English courts to settle any disputes which may arise out of or in connection with these Terms.
Appendix: Data Protection Policy
For the purposes of this policy, FME means FME Training Ltd trading as FMELearnOnline.
1. FME Moodle site
To gain access to this FME Learn Online Moodle site you gave us data on your first name, last name and email address. This information is stored on this site. Moodle also logs your IP address for security and support purposes.
All Moodle sites require a small amount of information to be stored and maintained for user access. User data will be stored securely within this Moodle site which is backed up nightly. Backups are kept for 30 days. Moodle also logs your IP address for security and support purposes.
2. Accounting Data
FME Learn Online is required to keep data on clients, tutors and suppliers for accounting purposes.
ALL clients and suppliers (students, tutors and others) who interact with FME consent to consent to FME Learn Online storing and processing their contact details and transaction data.
FME Learn Online’s accounting system includes both cloud based and desktop based systems. The accounting system allows us to maintain records of the services you have purchased from or supplied to us. We must maintain this data for HMRC and statutory compliance purposes.
We keep some or all of the following information for accounting purposes:
Customer / supplier name, address, phone, email and other contact details.
Transaction data such as PayPal / Stripe reference, amount, date, product purchased etc.
Backups of FME sites are made nightly and stored for 30 days.
Backups hold a full copy of each site database: this includes all user information and their interactions with the site such as IP address, messaging, forums, assessments, days of login, activity tracking, etc.
Backup files are stored on dedicated encrypted disks using a cloud service within the EU. Overwrite of backups occurs every 30 days.
4. FME server information
FME Learn Online uses cloud-based servers with third party providers based in the EU to host our websites.
All our servers are cloud based and managed / supported by EU based hosting companies and other EU and non-EU contractors. FME contractors and hosting support staff may have access to these servers from time to time, and the hosting providers or other contractors may require access for purposes of support. ALL clients (students, tutors and others) utilising our services are required to give their consent to our hosting your sites in this cloud.
- All servers sit behind firewalls with only the required ports open to the outside world
- User and password for accounts on the server have very strong requirements and there are very few user accounts with shell access to the server – these are controlled by public keys
- Individual sites on the servers are hFME under separate user accounts and are locked down so that one client can not gain access to another client’s account
- Our cloud hosting providers use intrusion detection software which monitors for unusual activity and flags on our monitoring systems should anything untoward occur
- Our cloud service providers have software in place to prevent brute force attacks on passwords
- Our cloud service providers’ agents use a secure password database with two form factor for authentication to access account details for server and sites
- All cloud service providers backup all sites nightly and these backups are kept for 30 days
5. Email information
Email is managed and stored on Google and EU hosting providers.
FME email is managed and stored on Google and EU hosting providers.
6. Electronic document storage
FME stores electronic documents and files on local PC’s, Google Drive and Microsoft OneDrive.
FME stores electronic documents and files on local PC’s, Google Drive and Microsoft OneDrive. These files primarily contain information of a non-personal nature such as learning materials. However, accounting records and emails may include personal data, and learning videos may contain personal images.
7. Visual images and recordings
FME uses Vimeo and Adobe to store learning videos and recordings of webinars. Such material may be retained for an extended period as it may be incorporated into subsequent learning materials.
FME uses Vimeo and Adobe to store learning videos and recordings of webinars. Such material may be retained for an extended period as it may be incorporated into subsequent learning materials.
Personal data may include the image of tutors, and occasionally the names and comments of webinar attendees.
8. Tutor held personal data
FME acts primarily as the agent of independent accounting and finance tutors. FME is not responsible for the data management policies of those principals unless data is supplied to those tutors by FME. FME requires and has received assurances by those tutors that they will abide by GDPR principles in regard to all personal data supplied to them by FME.