Flooring Industry Training Association – Full Course Terms and Conditions

1.      About these Terms and Conditions

1.1    These Terms and Conditions (the “Conditions”), plus a Booking form, constitute the whole of our ‘Agreement’ with you.
1.2    In these Conditions ‘we’ and ‘us’ means the Flooring Industry Training Association known as FITA; ‘you’ means the individual or organisation Booking a Course, Programme, Service, under these Conditions; ‘Booking’ means a request by you to book a Course or Programme; ‘Consumer’ means any individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession; ‘Course’ means a FITA training course; ‘Service’ means our provision of a Course or Programme to you;  ‘Delegate’ means an individual enrolled on a Course by you (and if you are a Consumer, you may also be the Delegate); ‘Equal Opportunities and Diversity Policy’ means our policy regarding equal treatment in Appendix 1; ‘Flooring Industry Training Association’ means the training arm of the Contract Flooring Association (CFA) and National Institute of Carpet and Floorlayers (NICF). FITA is registered as a ‘not for profit’ organisation – Company Registration number 5025991; ‘Programme’ means the programme comprising one or more Courses and other elements as described in the Booking form accompanying these Terms and Conditions] ‘Reasonable Adjustments’ means reasonable adjustments either in accordance with relevant equal opportunities legislation or as part of what we deem to be good practice.
1.3    These Conditions replace all other terms and conditions previously applicable and shall apply to any Booking made at or after the time these Conditions came into effect to the exclusion of any other terms and conditions. We may amend these Conditions from time to time.

2.      Booking

2.1    Subject to clause 2.2, you may make a Booking on line at www.fita.co.uk, by telephoning the FITA administration office or by completing our Booking form, where applicable, and returning it by either fax, email or post to our administration team at the contact details in clause 16.
2.2    When you submit to us a Booking via one of the methods in clause 2.1, this shall be regarded as an offer by you to book a Course or Programme under these Conditions. Please ensure that the details in the Booking are complete and accurate and that you read these Conditions carefully before your Booking is submitted to us.
2.3    As soon as reasonably practicable before the commencement of the Course or Programme you shall provide us with the name of the Delegate(s) and any special requirements they may have particularly with regard to diet, mobility and access.
2.4    Substitution of a Delegate will be allowed up to the commencement of the Course or Programme without charge, save that in the event a substitution is made less than 21 days before the start date, we may be unable to accommodate any special requirements notified to us as per clause 2.3.

3.      Confirmation

3.1    Acceptance of your offer will take place on our sending you written confirmation of your Booking. Our acceptance of your Booking brings into existence a legally binding Agreement between us.
3.2    Joining instructions will be forwarded to you prior to the Course or Programme start date. If you do not receive the joining instructions within 7 days prior to the Course or Programme start date, please notify us immediately.

4.      Accommodation

4.1    Accommodation is not offered by FITA through payment or Bookings received for the Courses provided. FITA may provide information relating to local accommodation available but this is provided on a voluntary, goodwill basis and does not form any part of the contract with FITA. FITA accepts no liability or claims relating to accommodation bookings made with third parties.

5.      Price

5.1    The price of a standard Course or Programme is as listed in our published price list and website www.fita.co.uk in force at the date of your Booking. We reserve the right to change prices listed without notice, without effect to existing Bookings.
5.2    The price of a bespoke Course or Programme is as confirmed by us in writing.
(the “Price”)
5.3   Prices do not include meals (unless we notify you otherwise), travel, accommodation, parking costs or any other cost or expense incurred as a result of or in connection with a Course or Programme.
5.4    Value Added Tax will be added, where applicable, at the current standard rate.

6.      Payment

6.1    All payments must be made in UK sterling (GBP) and reference our invoice number where provided.
6.2    Payment of the Price shall be made by you to us within 30 days of the date of invoice but always in advance of the start of a course, whichever is sooner, unless otherwise agreed by FITA in writing.
6.3    No payment shall be deemed to have been received until we have received cleared funds.
6.4    Without prejudice to any other right or remedy available to us if payment is not received by the time it is due as above, we shall be entitled to:
6.4.1 Cancel the Agreement; and/or
6.4.2 Suspend the delivery of any other Course to you; and/or
6.4.3 Withhold the issue of any applicable Course certificate; and/or
6.4.4 Charge interest if you pay late. We may include interest on the amount outstanding from the date when such payment is due until the date of actual payment (both after as well as before judgment) at a rate per annum of 4 per cent above the base rate from time to time of Barclays Bank plc. If we must recover the outstanding payment recovery costs are to be paid by you.

7.      Transfer

7.1    If you wish to transfer to an alternative date for the same Course or Programme your request must:
7.1.1 Be received no less than 14 days before the original Course or Programme start date;
and
7.1.2 State the date to which you wish to transfer to (which must be within 12 months of the original Course or Programme start date and is subject to availability).
7.2    The transfer option set out in clause 7.1 can only be used once.
7.3    If you transfer to an alternative Course or Programme date this does not form a new contract between us and the Cooling Off Period described in clause 8.1 shall not be affected (i.e. it shall run from the date of the original confirmation, not the date of approval of a transfer.

8.      Cancellation by you

8.1    In the event you are a Consumer:
8.1.1 You have the right to cancel the Agreement and receive a refund. You must inform us in writing if you wish to cancel within 14 working days, starting on the day after the Agreement is concluded (i.e. when your Booking is confirmed by us) (the ‘Cooling Off Period’).
8.1.2 If the Course or Programme start date occurs within the Cooling Off Period then you must pay us for the Services provided up until the time you tell us that you have changed your mind.
8.1.3 Your statutory rights are not affected.
8.2    Subject to clause 8.1, if you wish to cancel the Agreement and your cancellation is received:
8.2.1 More than 21 days before the Course start date or, where you have booked a Programme, the start date of the first Course comprised within that Programme, we shall refund you the Course or Programme price (as applicable);
8.2.2 Between 21 and 7 days before the Course start date or, where you have booked a Programme, the start date of the first Course comprised within that Programme, we shall refund you 50% of the Course or Programme price (as applicable);
8.2.3 Less than 7 days before the Course start date or, where you have booked a Programme, the start date of the first Course comprised within that Programme, no refund shall be made.
8.3 In any event, where we have developed bespoke services (including but not limited to developing a Programme or equipment to your particular requirements) we shall be under no obligation to provide any refund in the event of your cancellation.

9.      Cancellation by us

9.1    All Courses and Programmes are subject to availability and demand and it is your responsibility to confirm the status of a Course or Programme with our administration team prior to the Course or Programme start date.
9.2    We reserve the right at any time:
9.2.1 To cancel Courses or Programmes and refund in full.
9.2.2 To vary Course or Programme dates, programmes, speakers and venues (but not substantially the overall content).
9.3    We shall endeavour to inform you as soon as possible of any Course or Programme cancellation or variation.
9.4    Although every effort has been made to ensure the accuracy of information contained within our literature and materials, including any Course or Programme description, we do not accept responsibility for any errors or omissions. We reserve the right to cancel any Booking for a Course, Programme where any such error or omission has occurred, even after we have accepted such a Booking, and will provide a full refund where this is due to our error.

10     Your responsibility for, and requirements in relation to, Delegates

10.1   Prior to a Delegate attending a Course or Programme it is your responsibility to bring these Conditions to their attention, including in particular our Privacy Policy.
10.2   You shall be responsible for and (if you are a business) agree to indemnify us in respect of, any loss, damage or injury caused to the property of us, our employees or any third party by the conduct, act or omission of your Delegate(s).
10.3   Delegates must comply with all the rules, procedures, policies and guidelines in place at the Course venue and/or our premises, including but not limited to health and safety and security procedures and our ‘Dignity and Respect’ guidelines. (see appendix 1)
10.4      Delegates are not allowed to bring the following on to our premises.
10.4.1   Alcohol or any illegal substances; or
10.4.2   Any object that could be used to threaten or injure another person (including any knife or other type of sharply bladed or pointed object, not directly connected to the installation of floorcoverings, or gun or other firearm).  All tools and materials required will be supplied by FITA unless by prior arrangement.
10.5      If we consider that a Delegate is not adhering to our Equal Opportunities and Diversity Policy and/or our ‘Dignity and Respect’ guidelines such Delegate may, at our sole discretion, be required to leave the Course or Programme and the premises (if applicable) immediately. We shall not be liable for any refund or compensation in such circumstances.
10.6      If we consider that:
10.6.1   A Delegate is under the influence of drink or illegal substances, in possession of illegal substances, misusing legal substances, unsuitably dressed or behaving in a threatening, abusive or otherwise unacceptable manner; and/or
10.6.2   A Delegate is a risk to the health and well-being of themselves and/or others; and/or
10.6.3   A Delegate’s Course attendance times are unacceptable;
the Delegate shall be required to leave the Course or Programme and the premises (if applicable) immediately. Other than where a Delegate is required to leave for a reason outside their reasonable control, we shall not be liable for any refund or compensation in such circumstances or any other circumstances where a Delegate is at fault for breach of these Conditions.
10.7      Some of the training provided by FITA can be physically and/or mentally demanding. All Delegates must be capable of completing the training in that respect. We cannot be held responsible for any costs or expenses that may be incurred due to a Delegate being unable to complete training as a result of any inability on their part. Where there is any concern you should contact us prior to commencement of the Course or Programme and we will assess what Reasonable Adjustments may be made to assist you or your Delegate.
10.7.1   Prior to making a Booking it is your responsibility to ensure that a Delegate has the:
10.7.2   Physical ability; and/or
10.7.3   Communication skills; and/or
10.7.4   Literacy and/or numeracy skills;
that is/are required for a Delegate to attend and complete the Course or Programme on which they have been enrolled and for which we are not able to make Reasonable Adjustments.
10.8       If a Delegate does not possess the physical ability and/or the skills set out in clause 10.7 either
10.8.1   In our reasonable opinion; and/or
10.8.2   The Delegate’s opinion
and we have not been able to make Reasonable Adjustments such Delegate shall be required to leave the Course or Programme and our premises (if applicable) immediately. We shall not be liable for any refund or compensation in such circumstances.
10.9      If you and/or a Delegate have any doubts relating to the physical ability of a Delegate, reference should be made to a medical doctor. The onus is entirely with you and/or the Delegate to ensure that the Delegate has the physical ability required to attend and complete a Course or Programme.
10.10    Subject to clause 6.4.3, for those Courses where a Course certificate is ordinarily issued, a Course certificate shall be issued to a Delegate who has, in our reasonable opinion, successfully completed and attended any such Course and, if relevant, attained a sufficient level of competence.
10.11       Course certificates will be provided to you as the party to this Agreement. You shall forward on any issued Course certificate to the applicable Delegate.

11             Safeguarding Delegates

11.1      We are fully committed to the health and well-being of all Delegates and have a health and safety policy in place to ensure the health and safety of all Delegates. This is issued to each Delegate prior to the commencement of the course and they are required to sign it to confirm their understanding. A copy can be sent by post if requested. We also believe that every Delegate has the right to feel safe and free from any form of abuse. If you wish to discuss any concerns you or a Delegate have with another Delegate or an Instructor, then you can phone the FITA office on 0115 950 6836 and ask to speak to an appropriate person. We have a policy in place which sets out our arrangements to safeguard all Delegates (See appendix 1).

12         Intellectual Property

12.1      The names, images and logos identifying CFA, NICF or FITA are proprietary marks of those individual bodies.
12.2      All other trademarks, brand names, product names and titles and copyright used in our prospectus or the training materials are trademarks, brand names, product names or copyrights of FITA or their respective holders. You are entitled to use such materials only for your own personal use for the purpose of the training.
12.3      All intellectual property rights in any and all content and Materials created and made available to you for the purposes of training are and shall remain the property of FITA or its licensors. You shall not do anything which adversely affects our rights and interests, including but not limited to:
12.3.1    Copying, reproducing, modifying, redistributing or in any way commercially exploiting the Courses, Materials, website or other content.
12.3.2   Falsifying the true ownership of the Courses, Materials, website and other content.

13         Our Liability to you

13.1       Nothing in this Agreement is intended to exclude or limit liability for:
13.1.1    death or personal injury caused by our negligence or that of our employees, agents or subcontractors;
13.1.2    fraud or fraudulent misrepresentation; and/ or
13.1.3    such other liability that we cannot exclude by law.
13.2       Subject to clause 13.1 we shall not be liable to you:
13.2.1   For any indirect, special or consequential loss of any nature whatsoever; or
13.2.2   For any loss of profits, business, contracts, revenue, goodwill, or anticipated savings or for any administrative inconvenience or disappointment.
13.3       Subject to clause 13.1, our total liability to you in contract, tort or otherwise shall not exceed the Price. However, in the unlikely event that we cancel a Course without reasonable notice, consideration may be given to refunding accommodation cancellation charges, but this is completely at our discretion.  Proof of payment of a cancellation charge would be required from the Delegate if a refund is approved.
13.4       We accept no liability for any reliance placed upon the contents of any Course literature supplied. These materials are intended for reference purposes only and are not intended, nor should they be used, as a substitute for professional advice and judgement or to provide legal advice with respect to particular circumstances.
13.5       We shall not be liable for any loss or damage caused to a Delegate's vehicle on our premises unless caused by our willful misconduct.
13.6       We shall not be liable to you and/or a Delegate for any loss or damage to property caused by an event outside our reasonable control (including the misconduct or negligence of another Delegate) or where the Delegate remains in exclusive charge of the property concerned. Delegates are recommended to have insurance in place to cover loss, damage or theft of their personal effects and money.
13.7      We shall not be liable to you for any delay or for the consequences of any delay in performing our obligations under this Agreement if such delay is caused by an event beyond our reasonable control (including without limitation strikes and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident) and we shall be entitled to a reasonable extension of time for performing such obligations.

14         Your personal information

14.1      We will use any personal information you provide to us (including when booking a Course or Programme or otherwise in the course of our provision of the Services to you) in accordance with our Privacy Policy, which can be accessed at https://fita.co.uk/Privacy/ or by contacting us using the details in clause 16. Please note that the Privacy Policy may be updated from time to time.
14.2      Where you provide us with an individual’s personal information you confirm that you have provided them with a copy of our current Privacy Policy and these Conditions (and have brought this clause 14 to their attention in particular) and that you are lawfully entitled to share their personal information with us.
14.3      Further to clause 14.1, in particular we will use the personal information you or your Delegate(s) provide to us for the purposes of:
14.3.1 administration and provision of the Services (including Delegate registration and recording of qualifications);
14.3.2 statistical analysis;
14.3.3 customer services; and/or
14.3.4 keeping you and/or a Delegate informed of our similar products and services (if you and/or a Delegate do not wish to be contacted in this way in the future you may ask us to stop sending these communications at any time using the contact details in clause 16 below.
We may need to share such personal data with associated bodies and service providers for these purposes (for example, sharing with the speakers, trainers or others assisting with provision of the Course or Programme).
14.4    Unless indicated on the Booking form, or unless you otherwise indicate that you object to such use, FITA may from time to time use images taken during courses in promotional, advertising and support materials developed by FITA, CFA and NICF.
14.5      We may disclose personal data in order to comply with a legal obligation.

15    Other important terms

15.1      Even if we delay in enforcing this Agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under this Agreement, or if we delay in taking steps against you in respect of your breaking this Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide services, we can still require you to make the payment at a later date.
15.2      Nobody else has rights under this Agreement. The Agreement is between you and us. A person who is not a party to this Agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
15.4      If a court finds part of this contract illegal, the rest will continue in force. If any part of this Agreement is held to be illegal or unenforceable (including any provision in which we exclude our liability to you) the validity and enforceability of any other part of the Agreement will not be affected.
15.5      Which laws apply and where you may bring legal proceedings. The Agreement between us shall be governed by and interpreted in accordance with English law and the English courts shall have (if you are a business) exclusive jurisdiction to resolve any disputes between us.
16         How to contact us
16.1      You can contact the FITA administration office by telephone on 0115 950 6836 or by post to:

• Flooring Industry Training Association
• Unit 23 Eldon Business Park, Eldon Road, Chilwell, Nottingham NG9 6DZ
• Telephone: 0115 950 6836
• Contact FITA or email info@fita.co.uk
• FITA is a joint venture by the Contract Flooring Association and the National Institute of Carpet and Floorlayers.

 
Appendix 1

Equal Opportunities and Diversity Policy

CFA and NICF (the founders of FITA) want to attract and support the best qualified people to work in the construction and flooring industry.

FITA is committed to promoting equal opportunities for everyone. That is regardless of age, disability, gender reassignment, marriage or civil partnership, pregnancy and maternity, race, religion and beliefs, gender, sexual orientation or socio-economic background.

We live in a diverse society that is multicultural and multilingual, where everyone is different and has something different to bring to society and the workplace.

Construction is an industry which requires a variety of different skills and abilities. It is important that people from different backgrounds, life experiences and abilities are employed to enable us to achieve the high levels of skills needed to be world leaders.

So that your training environment is one where you can give your best and realise your full potential, FITA will make sure that you are treated fairly, with dignity and respect throughout your course or programme.

Dignity and Respect Guidelines

Why do we have a Dignity and Respect Guidelines?

1.    Harassment, bullying and victimisation are not allowed at FITA. Harassment and bullying can have very serious consequences for individuals. It may make people unhappy, may cause them stress, and affect their health, and family and social relationships. It may also affect their work performance.

2.    Harassment, bullying and victimisation are, in the eyes of the law, forms of discrimination and as such unlawful. Serious harassment may be a criminal offence.

3.    Everyone has the right to be treated with dignity and respect at work. This policy explains:

a    The behaviours that are and are not expected by those attending courses
b    What bullying, harassment and victimisation means
c    What you need to do if you think you are being bullied, harassed or victimised.

4.    If requested we can provide, guidance and information to help delegates to understand what behaviours you need to demonstrate at FITA, and why it is important to treat everyone fairly, and with dignity and respect

5.    What is harassment?

It is not appropriate to say that “it was only banter”.  The term “banter” is often used to disguise bullying or harassment.  Bullying or harassment in any form is not acceptable.

Harassment can be any unwanted attention or behaviour that a person finds objectionable or offensive, and which makes them feel threatened or uncomfortable, leading to a loss of dignity or self-respect. It may be persistent or an isolated incident.

Harassment can take many forms and may include the following, which is not exhaustive:     

a    Unnecessary and unwanted physical contact ranging from touching to serious
sexual or physical assault.
b    Derogatory or degrading comments relating to a person's ‘protected characteristic’.
c    Unwanted non-verbal conduct, including sexually suggestive gestures, staring and leering.
d    Unwelcome sexual advances, propositions or pressure for sexual activity including offensive suggestive remarks, innuendoes or lewd comments and
suggestions that sexual favours may result in employment benefit (or that refusal of such suggestions may result in some form of detriment).
e    Continued suggestions for social activity outside the work place after it has been made clear that such suggestions are unwelcome.
f    Display, storage or circulation of offensive material (including pictures, objects, written materials or information held on computer).
g    Unfair treatment, which might include deliberate exclusion from conversations or events at work, for reasons based on a person's equality characteristic.
h    Comments which have the effect of isolating or humiliating a member of staff by reason of their equality characteristic.
i    Making gestures that mock a person's equality characteristic.
j    Offensive, hostile, intimidating, malicious or insulting behaviour, an abuse or
misuse of power which is meant to undermine, humiliate or injure the person on the receiving end.

Serious forms of harassment could be a criminal offence.

6.    What is bullying?

Bullying is a more general form of harassment that is not based on race, sex or any other equality characteristic. As with harassment it can be defined as words, actions or other conduct which ridicules, intimidates or threatens and affects individual dignity and well-being. It is generally behaviour that can be identified as a misuse of power.

People affected by bullying often feel the matter appears trivial or that they may have difficulty in describing it. Bullying behaviour is largely identified not so much by what has actually been done, but rather by the effect that it has on the recipient.

Examples of bullying could include:

a    Persistently criticising unnecessarily, although legitimate, constructive and fair criticism of performance or behaviour at work is not bullying.
b    Shouting at individuals in public or private.
c    Deliberate isolation by ignoring or excluding a person.
d    Withholding information or removing areas of responsibility without justification.
e    Spreading malicious rumours.
g    Deliberately setting objectives with impossible deadlines.
h    Undermining a person’s self-respect by treatment that denigrates, ridicules,
intimidates, demeans or is physically abusive.

Harassment or bullying is not dependent on an intention to cause distress or hurt but is assessed by the impact the behaviour has on the recipient. As a result, it is possible that behaviour that is acceptable to some may cause embarrassment, distress or anxiety to others. Therefore, harassment or bullying relates essentially to the perceptions and feelings of the recipient.

The terms ‘bullying’ and ‘harassment’ are used interchangeably by most people, and many definitions include bullying as a form of harassment.

7.    What is the impact of bullying and harassment?

The impact of bullying and harassment includes the following:
a    Bullying and harassment may make someone feel anxious and humiliated.
b    People may feel angry and frustrated because they cannot cope.
c    Some people may try to retaliate in some way.
d    Others may become frightened and demotivated.
e    Stress, loss of self-confidence and self-esteem caused by harassment or bullying can lead to insecurity, illness, absence from work, and even resignation.

8.    I think I’m being bullied / harassed / victimised – what can I do?

You could firstly try to sort out matters informally. The person may not know that his
or her behaviour is unwelcome or upsetting. An informal discussion may help him or her to understand the effects of his or her behaviour and agree to change it. You can talk in confidence to our Instructors to get advice on how to handle this informally. If your concerns are about your Instructor, you should speak to the FITA admin team.

If the behaviour against you is a criminal offence, we will take the necessary action.

Safeguarding Policy Statement

FITA recognises that your welfare is always of paramount consideration and all delegates have the right to equal protection from all types of harm or abuse.

We safeguard delegates by:
•    valuing them, listening to them, and respecting them.
•    adopting Safeguarding Guidelines through procedures and a Code of Conduct for staff.
•    recruiting staff safely by providing Best Practice Guidance to make sure that Safeguarding is included in the recruitment and selection process.
•    sharing information about concerns with agencies that need it, and involving delegates and employers or parents/carers or other legal guardians (if under 18) appropriately.

FITA makes every effort to ensure all delegates are:
•    provided with a safe learning environment.
•    involved in the continuous review and improvement of the services we provide.

Should you need to discuss a safeguarding issue please ask to speak to FITAs Training Manager who is our designated safeguarding officer.