Terms and Conditions

Welcome to fp-tower, an online platform providing programming online courses.

1. General Terms

1. This website www.fp-tower.com (“Website”) and all digital content on this Website is provided by fp-tower LTD, a company registered in England and Wales. Our registered office is at Ibex House, Room 405 Highland House, 165 The Broadway, London, England, SW19 1NE (“fp-tower,” “we,” or “us”). You (“You” or the “User”) can contact us by writing to us at [email protected].
2. These are the Terms and Conditions (the “Terms”) on which we supply our services and digital content to You. Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide services to you, how you and we may change or end the Agreement, what to do if there is a problem and other important information.

2. Definitions

The following definitions apply in the Terms:

Business Day: a day, other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.

Intellectual Property Rights: means any and all intellectual property rights of any nature anywhere in the world whether registered, registerable or otherwise, including patents, utility models, trade marks, registered designs and domain names, applications for any of the foregoing, trade or business names, goodwill, copyright and rights in the  nature of copyright, design rights, rights in databases, moral rights, know-how and any other intellectual property rights which subsist in computer software, computer programs, websites, documents, information, techniques, business methods, drawings, logos, instruction manuals, lists and procedures and particulars of customers, marketing  methods and procedures and advertising literature, including the “look and feel” of any websites, 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.

Materials: all documents, information, code, items and other materials in any form which are provided fp-towers in connection with the Services.

Services: the services as set out in Clause 4 (Services Description). 

3. Our Agreement with You

1. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us (“Agreement”). Our confirmation email will include the following information:
   1. confirmation of the Services ordered;
   2. fully itemised pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges, if any;
   3. relevant times and dates for the provision of the Services; and
   4. user credentials and relevant information for accessing those Services.
2. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Service. 

4. Services Description

• fp-tower is an online platform providing access to:
  1. digital coding courses as set out from time to time on our Website (“Course (-s)”);
  2. digital Materials provided by us in relation to the Courses; 
  3. OTHER SERVICES, e.g. online/technical support, one-to-one teaching etc;

(together the “Services”). 

• The content and structure in each Course is subject to a constant process of review and improvement and may change from time to time. 

5. Your Rights to Make Changes

If you wish to make a change to the Course you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Course or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the Agreement.

6. Our Rights to Make Changes

1. We may change our Courses:
   • to reflect changes in or comply with relevant laws and regulatory requirements; and
   • to implement minor technical adjustments and improvements, for example to address a security threat. 
2. We may update digital content of our Courses, provided that the digital content shall always match the description of it that we provided to you before you bought it.

7. Delivery of the Courses

1. fp-tower shall use all reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice and in conformity with these Terms.
2. In the event that the Services are provided that are not in conformity with your order, you should contact us immediately to inform us of any issues you may experience with the Services. We will ensure that any necessary corrections are made within five (5) Business Days. 
3. We may have to suspend the supply of the Services to:
   1. deal with technical problems or make minor technical changes;
   2. update the Website or any digital content to reflect changes in relevant laws and regulatory requirements;
   3. make changes to the Services as notified by us to you (see Clause 6 (Our Rights to Make Changes)).
4. We will contact you in advance to tell you we will be suspending supply of the Services, unless the problem is urgent or an emergency. If we have to suspend the Services for longer than fourteen (14) Business Days we will adjust the price so that you do not pay for the Services while they are suspended. You may contact us to end the Agreement for a Service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than thirty (30) Business Days and we will refund any sums you have paid in advance for the Services in respect of the period after you end the Agreement. 
5. fp-tower provides technical support via Slack and email. fp-tower makes any effort possible to respond to support requests within 30 minutes during European business hours (9am to 8pm ECT), but we do not guarantee a particular response time.

8. Your Rights to End the Agreement

If the Services are faulty or misdescribed

1. If the Services we provide does not satisfy the criteria specified in Clause 7.1, under the Consumer Rights Act 2015: 
   1. you might be entitled to a obtain a replacement Course or element of the Course;
   2. if the faulty Course or element of the Course can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.

If you have just changed your mind about the course

1. If you are a consumer and you have changed your mind about our Course, you have fourteen (14) calendar days (“cooling-off period”) from entering into the Agreement to cancel it subject and receive a refund as set out in Clause 8.8 below.
2. If the Services are to begin within the cooling-off period you are required to make an express request to that effect. By requesting that the Services begin within the 14 calendar day cooling-off period you acknowledge and agree to the following:
   1. Once we have completed the Services you cannot change your mind, even if the period is still running. 
   2. If you cancel the Services after provision has begun but is not yet complete you must still pay for the Services supplied up until the time you tell us that you have changed your mind. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services shall be refunded subject to deductions calculated in accordance with the foregoing. 

Our goodwill guarantee

1. fp-tower offers all users who purchase any Course our happiness guarantee (“Happiness Guarantee”). Within thirty (30) calendar days of purchase of the Course, you can get a full refund of the price you paid for the Course subject to Clause 8.5. Our Happiness Guarantee does not affect your legal rights. 
2. We reserve the right to refuse issuing the refund as specified in Clause 8.4 where we consider that the User abuses the Happiness Guarantee. Abusing the Happiness Guarantee means, for example, the situation where the User:  
   1. orders a Course and cancels it shortly afterwards multiple times; 
   2. violates Clause 12 (Intellectual Property Rights);
3. In case of User’s abusive or other exploitative behaviour we also reserve the right to terminate any accounts, block future purchases, and remove content from Users who are deemed to have abused or potentially abused the Happiness Guarantee.

How to end the Agreement 

1. If you have any questions or complaints about the Services or want to end the Agreement with us, please contact us. You can write to us at [email protected]. 

Refunds 

1. We will refund you the price you paid for the Services, by the method you used for payment within fourteen (14) calendar days of your cancellation request. However, we may make deductions from the price, as described above.

9. Liability

1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Agreement or our failing to use reasonable care and skill, but we shall not in any circumstances be liable, whether in tort (including without limitation for negligence or breach of statutory duty howsoever arising), contract, misrepresentation (whether innocent or negligent) or otherwise for any special, indirect, consequential or punitive loss, costs, damages, charges or expenses, including loss of or damage to goodwill, loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, wasted expenditure (including management time), loss of use or corruption of software, data or information. 
2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This, for example, includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.
3. To the extent legally possible and subject to Clause 9.2, the total liability of fp-tower (whether arising from contract, negligence or otherwise) of in relation to these Terms, will be limited to 100% of the amounts paid by the User.
4. We are not liable for any business losses. We only supply the Services for domestic and private educational use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

10. Force Majeure

Neither party shall be in breach of these Terms nor liable for delay in performing, or failure to perform, any of its obligations under these Terms if such delay or failure results from events, circumstances or causes beyond its reasonable control. In such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues for three months, the party not affected may terminate the affected ongoing Services by giving thirty (30) calendar days’ prior written notice to the affected party.

11. Personal Information

We will only use your personal information as set out in our Privacy Policy which is incorporated into these Terms by reference. To view the Privacy Policy, please click on this link.

12. Intellectual Property Rights

1. All Intellectual Property Rights in the Website and in any digital content we provide, including methodology, tools or other Materials published or made available on the Website are owned by us, unless stated otherwise.
2. You may download and print off the Materials or any page(s) from our Website, for your personal use and for the purposes of the Services only provided that:
   • the Materials shall not be reproduced or included in any other work or publication in any medium;
   • the Materials may not be modified or altered in any way;
   • the Materials may not be distributed or sold to any third party or otherwise used for any commercial purpose; and
   • you do not remove any copyright or other proprietary notices contained in the Material.
3. All Intellectual Property Rights in any Materials used by us during provision of the Courses including without limitation any presentations, diagrams, pictures, audio, video, music, books, manuals, reports, data, written questions or exercises, code and any other works, content or materials of any kind whatsoever (“Course Materials”) are owned by us, unless stated otherwise.
4. You may only use the Course Materials during your participation on any of our Courses and after the relevant Course for your own personal use. You shall not make any copies of any Course Materials or use them or any part of them for any commercial purpose without our express written consent.
5. If you copy or use any part of our Website or the content made available through it or any Course Materials in breach of these Terms, your right to use our Website or any Materials will cease immediately and you must, at our option, immediately return or destroy any copies of any Materials that are owned by us or our licensors that are in your possession.
6. Each party shall indemnify the other party all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all other reasonable professional costs and expenses) suffered or incurred or paid by the other party arising out of or in connection with any claim brought against that other party for actual or alleged infringement of a third party’s Intellectual Property Rights arising out of, or in connection with the receipt or use of the indemnifying party’s Materials in relation to the Services. To the extent any such third-party claim arises, the relevant party shall notify the indemnifying party as soon as possible.

13. Use of the Website

1. The Website is provided “as is” and on an “as available” basis. fp-tower uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or any related facilities will be free of defects or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
2. We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
3. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful nor attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website.
4. You are welcome to link to any page of our Website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists, nor establish a link to our Website in any website that is not owned by You. We reserve the right to withdraw linking permission without notice.

14. Other Important Terms

1. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this Agreement. If you are unhappy with the transfer you may contact us to end the Agreement within thirty (30) calendar days of us telling you about it and we will refund you any payments you have made in advance for the Services not provided.
2. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing. 
3. Each provision of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining provisions will remain in full force and effect.
4. If we do not insist immediately that you do anything you are required to do under these terms, 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 the Services, we can still require you to make the payment at a later date.
5. These Terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts.