FormaCash
Terms and Conditions of Sale and Use
Last updated: January 1, 2025
Article 1 — Definitions and Purpose
The purpose of these Terms and Conditions of Sale and Use (hereinafter "Terms") is to define the terms and conditions under which FormaCash OU (hereinafter "FormaCash", "the Company", "we", or "us"), a company registered in Estonia under commercial registration number 16284759, with its registered office at Parnu mnt 148, 11317 Tallinn, Estonia, provides professional training services and access to its digital platform to any natural or legal person (hereinafter "the Student", "the Client", or "you").
For the purposes of these Terms, the following definitions shall apply:
- "Training" or "Programme": any educational programme offered by FormaCash, whether delivered online or through remote instruction, leading to a certificate of completion or professional certification.
- "Platform": the digital learning environment accessible at formacash.com and its subdomains, including all tools, interfaces, dashboards, forums, and communication features made available to Students.
- "Lab" or "VMCloud Lab": virtual machine environments and cloud-based development infrastructure provided through VMCloud OU, enabling Students to perform practical exercises, deploy applications, and work on real-world projects in a controlled technical environment.
- "Educational Content": all materials provided by FormaCash in the course of Training, including but not limited to video lectures, written guides, tutorials, quizzes, code samples, project briefs, assessments, slide decks, templates, and any other instructional materials in any format.
- "Student" or "Learner": any natural person who has successfully completed the registration and admission process and is enrolled in one or more Training programmes offered by FormaCash.
- "Client": the Student or, where applicable, the legal entity (employer, public body, or funding organisation) that contracts with FormaCash and assumes financial responsibility for the Training.
- "Account": the personal user account created by the Student on the Platform, secured by unique login credentials, granting access to Training materials, progress tracking, and communication tools.
- "Instructor" or "Trainer": any qualified professional engaged by FormaCash to deliver Educational Content, lead sessions, supervise projects, or assess Students.
- "Certification": the formal document issued by FormaCash upon successful completion of a Training programme, attesting to the skills and competencies acquired.
- "QuickFund": the partner financing entity that provides instalment payment plans, preferential credit options, and financing application processing for Students.
- "Stripe": the third-party payment processor (Stripe Payments Europe, Ltd., based in Ireland) used by FormaCash to securely process online card payments.
These Terms constitute a legally binding agreement between the Student or Client and FormaCash. By registering for any Training programme or accessing the Platform, you acknowledge that you have read, understood, and agreed to be bound by these Terms in their entirety. These Terms supersede any prior agreements, representations, or understandings between the parties relating to the subject matter hereof.
These Terms are governed by the laws of the Republic of Estonia and applicable European Union regulations, including but not limited to Directive 2011/83/EU on consumer rights and Regulation (EU) 2016/679 (GDPR) on personal data protection. In the event of any conflict between these Terms and mandatory applicable law, the relevant legal provision shall prevail.
Article 2 — Services Offered
FormaCash is a professional training company specialising in digital technology and business skills. Our mission is to equip Students with the practical, industry-relevant competencies required to launch or advance their careers in the technology sector. All Training programmes are designed in collaboration with active industry professionals and are regularly updated to reflect the evolving demands of the job market.
FormaCash offers various professional training programmes in digital technology and business skills, subject to availability and updates. The current catalogue of programmes is published on the Platform and covers areas such as software development, cybersecurity, data analytics, cloud infrastructure, quality assurance, and business operations. Each programme is designed in collaboration with active industry professionals and regularly updated to reflect market demands.
All Training programmes are delivered online (remote): live instructor-led sessions are conducted via video conferencing, complemented by self-paced modules, recorded lectures, and asynchronous project work accessible through the Platform.
All Training programmes include access to VMCloud Labs, which provide Students with dedicated virtual machine environments, cloud development sandboxes, and pre-configured technical infrastructure. VMCloud Labs are hosted on EU-based servers located in Paris, Amsterdam, and Frankfurt, ensuring low latency, high availability, and full compliance with European data protection regulations. Lab access is granted for the duration of the Training programme and for a specified period thereafter, as detailed in the programme description.
FormaCash reserves the right to modify the content, format, schedule, or availability of any Training programme at any time, provided that such modifications do not substantially alter the nature or quality of the Training. Students enrolled in a programme at the time of modification shall be notified in advance and offered appropriate alternatives if the changes materially affect their enrolment.
Article 3 — Registration and Admission
Enrolment in any FormaCash Training programme is subject to a structured admission process designed to ensure that each Student possesses the foundational knowledge, motivation, and capacity to successfully complete the programme. FormaCash applies a selective admissions process to maintain the quality of its programmes and the success rate of its graduates.
The application process consists of the following steps:
1. Online application: the applicant completes the registration form on the Platform, providing accurate and complete personal information, educational background, professional experience, and a statement of motivation.
2. Eligibility review: the FormaCash admissions team reviews the application to verify that the applicant meets the stated prerequisites for the chosen programme. Prerequisites vary by programme and may include minimum educational qualifications, prior technical experience, language proficiency, or completion of a preparatory module.
3. Admission interview or assessment: depending on the programme, applicants may be invited to participate in a video interview, complete a technical assessment, or both. These evaluations are designed to assess the applicant's aptitude, motivation, and readiness for the programme.
4. Admission decision: FormaCash will notify the applicant of the admission decision within fifteen (15) business days of the completion of all required steps. Admission decisions are communicated via email to the address provided in the application.
5. Enrolment confirmation: admitted applicants must confirm their enrolment and complete payment arrangements within ten (10) business days of receiving the admission offer. Failure to confirm within this period may result in the offer being withdrawn.
FormaCash reserves the absolute right to refuse any application without being required to provide justification. Reasons for refusal may include, without limitation: failure to meet prerequisites, unsatisfactory performance in the admission assessment, incomplete or inaccurate application information, prior exclusion from a FormaCash programme, or insufficient available places in the requested session.
Applicants who are not admitted may reapply for a subsequent session, provided they address any deficiencies identified during the initial review. FormaCash may offer preparatory resources or alternative programmes to assist applicants in meeting the prerequisites.
The training agreement between FormaCash and the Student is formed upon confirmation of enrolment by FormaCash, which shall be evidenced by a confirmation email sent to the Student. This confirmation constitutes acceptance of these Terms and creates a binding contractual relationship between the parties.
All information provided by the applicant during the registration process must be accurate, complete, and up to date. The provision of false, misleading, or incomplete information constitutes grounds for immediate refusal of the application or, if discovered after enrolment, termination of the Training agreement in accordance with Article 13 of these Terms.
Language preselection, country availability and offer eligibility: in order to display a relevant language version of the Platform and present offers, pricing or financing options that may apply, FormaCash may preselect the display language on the basis of approximate IP geolocation (and, where applicable, browser preferences and the language cookie). FormaCash implements reasonable checks (consistency checks on declared information, technical checks, and checks during registration/payment/financing) to limit subscriptions to services that are not marketed in certain countries. However, the applicant remains responsible for verifying, before placing any Order, that the Training and related options are available in the country of residence or use. Subject to mandatory applicable law, FormaCash shall not be liable for a subscription made from a non-eligible territory by means of inaccurate, hidden, or contradictory information, where information about cookies, language preselection and applicable checks has been made available through the consent banner and these Terms.
Article 4 — Pricing and Payment
All prices for Training programmes are quoted in euros (EUR) and are inclusive of all applicable taxes (tax-inclusive pricing). As a company registered in Estonia, FormaCash applies Estonian VAT rules. The applicable price is the price displayed on the Platform at the time of enrolment confirmation. FormaCash reserves the right to modify its prices at any time; however, any price change shall not affect enrolments already confirmed at the previously displayed price.
The total price of the Training includes access to the Platform, Educational Content, VMCloud Lab environments, instructor-led sessions, assessments, and the issuance of the Certification upon successful completion. Unless otherwise specified in the programme description, the price does not include personal equipment (computer, internet connection), travel or accommodation expenses, or any third-party certification examination fees.
FormaCash offers the following payment methods and arrangements:
- Single payment via Stripe: full payment of the Training price in a single transaction processed securely through Stripe Payments Europe, Ltd. Accepted payment methods include major credit and debit cards (Visa, Mastercard, American Express), SEPA Direct Debit, and other methods supported by Stripe in the Student's country of residence. All payments are processed in accordance with PCI-DSS security standards.
- Instalment payments via QuickFund: the Training price may be split into monthly instalments facilitated by QuickFund, our financing partner. Instalment plans are subject to QuickFund's terms and conditions, creditworthiness assessment, and approval. The number of instalments, applicable interest rates (if any), and total cost of the plan are communicated to the Student prior to acceptance of the financing arrangement.
- Preferential credit via QuickFund: for eligible Students, QuickFund may offer preferential credit terms including reduced interest rates, deferred payment start dates, or extended repayment periods. Eligibility is determined by QuickFund based on the Student's financial profile and the selected Training programme. Such arrangements are governed by a separate credit agreement between the Student and QuickFund.
- VMCloud infrastructure coverage: in selected programmes, the cost of VMCloud Lab environments may be partially or fully covered by VMCloud OU as part of a partnership arrangement. Where applicable, this coverage is reflected in the displayed programme price.
- Employer funding: where the Training is funded in whole or in part by the Student's employer or a third-party organisation, FormaCash will issue invoices directly to the funding entity. The Student remains personally liable for any unpaid amounts in the event that the funding entity fails to honour its payment obligation, unless otherwise agreed in writing.
- Work-study arrangements (alternance): for programmes offered in a work-study format, the financial terms are governed by a tripartite agreement between the Student, the employer, and FormaCash. The employer's contribution and the Student's obligations are specified in the work-study agreement.
An invoice is issued for each payment and sent electronically to the email address provided by the Student or the billing contact designated by the Client. Invoices are available for download from the Student's Account on the Platform. Payment is due upon receipt of the invoice unless a specific payment schedule has been agreed.
In the event of late payment, FormaCash reserves the right to: (a) suspend access to the Platform and Training materials until payment is received; (b) charge late payment interest at the rate of three (3) times the legal interest rate applicable in Estonia, calculated from the due date until the date of actual payment; (c) charge a fixed recovery indemnity of forty (40) euros per unpaid invoice, in accordance with applicable EU late payment legislation; and (d) initiate collection proceedings. FormaCash will send a payment reminder by email before suspending access, granting a grace period of seven (7) calendar days.
Article 5 — Right of Withdrawal
In accordance with Directive 2011/83/EU of the European Parliament and of the Council on consumer rights, as transposed into Estonian law by the Law of Obligations Act (Volaoisigusseadus), the Student who is a consumer (a natural person acting for purposes outside their trade, business, craft, or profession) has the right to withdraw from the Training agreement within fourteen (14) calendar days from the date of enrolment confirmation, without giving any reason and without incurring any penalty.
To exercise the right of withdrawal, the Student must inform FormaCash of the decision to withdraw by means of an unequivocal statement. The Student may use the model withdrawal form provided below, but is not obliged to do so. The withdrawal notice must be sent before the expiry of the fourteen-day period to the following address:
FormaCash OU
Parnu mnt 148, 11317 Tallinn, Estonia
Email: legal@formacash.com
Model Withdrawal Form:
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To: FormaCash OU, Parnu mnt 148, 11317 Tallinn, Estonia, legal@formacash.com
I hereby give notice that I withdraw from my contract for the provision of the following training service:
- Training programme: [name of the programme]
- Session/start date: [date]
- Order reference number: [if applicable]
- Date of enrolment confirmation: [date]
Name of the Student: [full name]
Address of the Student: [full address]
Date: [date]
Signature (only if sent on paper): [signature]
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Where the Student has expressly requested that the Training begin during the withdrawal period and has provided prior express consent acknowledging that the right of withdrawal will be lost once the Training has been fully provided, the following rules apply:
- If the Training has commenced but has not been fully delivered at the time of withdrawal, the Student shall pay an amount proportional to the services already provided up to the point of withdrawal, calculated on the basis of the total price agreed upon in the contract.
- If the Training has been fully delivered during the withdrawal period with the Student's prior express consent, the right of withdrawal is no longer available.
- Digital content that has been accessed, downloaded, or streamed with the Student's prior express consent and acknowledgment that the right of withdrawal would thereby be lost is excluded from the right of withdrawal.
Upon receipt of a valid withdrawal notice, FormaCash will process the refund within fourteen (14) calendar days from the date on which FormaCash is informed of the Student's decision to withdraw. The refund will be made using the same payment method used for the initial transaction, unless the Student has expressly agreed to a different refund method and provided that the Student does not incur any fees as a result of the refund.
Where the original payment was made via Stripe, the refund will be processed through Stripe to the original payment instrument. Where the original payment was made via QuickFund instalment plan or credit, the refund procedure will be coordinated between FormaCash and QuickFund, and the Student will be released from any future payment obligations under the financing arrangement, subject to QuickFund's terms.
FormaCash may delay the refund until it has received confirmation that the Student has ceased all access to the Platform and returned or destroyed any materials provided. The Student must cease using the Platform, VMCloud Labs, and all Educational Content immediately upon exercising the right of withdrawal.
Article 6 — Training Delivery
Upon enrolment confirmation and receipt of the first payment (or validation of the financing arrangement), the Student will receive login credentials granting access to the Platform and all Training materials associated with the enrolled programme. Access credentials are personal, non-transferable, and must be kept confidential. The Student is solely responsible for all activities conducted through their Account.
Training programmes are delivered according to the schedule published on the Platform and communicated to the Student at the time of enrolment. The schedule specifies the dates and times of live sessions, deadlines for assignments and projects, assessment dates, and any specific attendance requirements. FormaCash will make commercially reasonable efforts to adhere to the published schedule; however, minor adjustments may be necessary due to instructor availability, technical considerations, or unforeseen circumstances. Students will be notified of any schedule changes at least forty-eight (48) hours in advance, except in cases of emergency.
Educational Content is made available progressively throughout the Training programme, following the pedagogical sequence designed by FormaCash. Content may include pre-recorded video lectures, live instructor-led sessions, written tutorials and documentation, interactive exercises, quizzes, individual and group projects, case studies, and code challenges. The specific modalities and sequence of delivery are detailed in the programme syllabus, which is provided to the Student at the start of the Training.
VMCloud Lab environments are provisioned for each Student based on the requirements of the enrolled programme. Labs provide access to virtual machines, development environments, databases, cloud services, and other technical infrastructure necessary for practical exercises and project work. Lab environments are hosted on EU-based servers (Paris, Amsterdam, Frankfurt) managed by VMCloud OU on Vercel infrastructure. Lab access is available twenty-four (24) hours a day, seven (7) days a week, subject to scheduled maintenance windows. FormaCash does not guarantee uninterrupted lab availability but will use best efforts to minimise downtime and will notify Students of planned maintenance in advance.
Assessments are conducted throughout the Training to evaluate the Student's progress and mastery of the programme objectives. Assessment methods may include quizzes, practical exercises, code reviews, project presentations, written examinations, peer evaluations, and a final capstone project. The specific assessment criteria, weighting, and passing thresholds are detailed in the programme syllabus.
Upon successful completion of all programme requirements, including achieving the minimum passing score on all assessments and meeting the minimum attendance requirement (see Article 8), FormaCash will issue a Certificate of Completion. The Certificate attests to the skills and competencies acquired during the Training and includes the Student's name, the programme title, the dates of the Training, the total number of hours completed, and the overall assessment result. Certificates are issued in digital format and can be downloaded from the Student's Account. Printed certificates may be requested for an additional fee.
FormaCash may partner with third-party certification bodies to offer industry-recognised certifications in addition to the FormaCash Certificate of Completion. Participation in third-party certification examinations is voluntary and may involve additional fees payable directly to the certification body. FormaCash does not guarantee that the Student will pass any third-party certification examination.
Article 7 — Obligations of FormaCash
FormaCash undertakes a best efforts obligation (obligation de moyens) to provide high-quality Training services and to facilitate the Student's learning and professional development. FormaCash does not guarantee specific outcomes, including but not limited to the acquisition of specific skills, the passing of assessments or third-party certifications, or the securing of employment following the Training.
FormaCash commits to engaging qualified, competent, and experienced Instructors for the delivery of all Training programmes. Instructors are selected based on their professional expertise in the relevant field, their teaching ability, and their familiarity with current industry practices. FormaCash ensures that Instructors receive ongoing support and professional development to maintain the quality and relevance of their instruction.
FormaCash shall provide and maintain the technical infrastructure necessary for the delivery of the Training, including the Platform, communication tools, and VMCloud Lab environments. FormaCash engages VMCloud OU to host the Platform and Lab infrastructure on EU-based servers, ensuring compliance with European data protection regulations and providing a reliable, secure, and performant technical environment.
FormaCash shall provide reasonable technical support to Students experiencing difficulties accessing the Platform, Educational Content, or VMCloud Lab environments. Technical support is available via the support channels specified on the Platform (email, chat, or ticketing system) during the published support hours. FormaCash will use best efforts to respond to support requests within twenty-four (24) business hours and to resolve technical issues in a timely manner. Support does not extend to issues caused by the Student's personal equipment, internet connection, or failure to meet the published technical requirements.
FormaCash shall treat all personal data provided by the Student with the utmost confidentiality and in accordance with its Privacy Policy (see Article 10 and the separate Privacy Policy document). FormaCash shall implement appropriate technical and organisational measures to protect the Student's personal data against unauthorised access, disclosure, alteration, or destruction.
FormaCash shall provide the Student with accurate and complete information regarding the Training programme, including the programme content, schedule, assessment criteria, prerequisites, pricing, and any other material terms. Any material change to the programme will be communicated to enrolled Students in a timely manner.
FormaCash shall issue all required administrative documents, including enrolment confirmations, invoices, attendance certificates, and Certificates of Completion, within the timeframes specified in these Terms or as required by applicable law.
Article 8 — Obligations of the Student
The Student commits to attending all scheduled Training sessions and to actively participating in the programme. A minimum attendance rate of eighty percent (80%) of scheduled live sessions is required for the issuance of the Certificate of Completion. Attendance is tracked through the Platform's monitoring tools and through the Platform's tracking systems. Absences must be reported to FormaCash as soon as possible, and excused absences (supported by appropriate documentation such as a medical certificate) may be accommodated at FormaCash's discretion. Repeated unexcused absences may result in suspension or termination of the Training agreement.
The Student shall adhere to the published Training schedule, including the dates and times of live sessions, assignment deadlines, and assessment dates. Late submissions may be penalised or refused, as specified in the programme syllabus. The Student is responsible for managing their time effectively and for seeking assistance from Instructors or support staff when needed.
The Student shall conduct themselves in a professional and respectful manner at all times, both on the Platform and during all training sessions. This includes but is not limited to: treating Instructors, staff, and fellow Students with courtesy and respect; refraining from discriminatory, harassing, threatening, or abusive behaviour; contributing constructively to group work and discussions; and complying with all reasonable instructions given by Instructors or FormaCash staff.
The Student's Account credentials (username and password) are strictly personal and non-transferable. The Student is prohibited from sharing their login credentials with any third party, including friends, family members, or colleagues. The Student is solely responsible for all activities conducted through their Account. Any suspected unauthorised use of the Account must be reported to FormaCash immediately. FormaCash reserves the right to suspend or terminate the Account if credential sharing is detected or suspected.
FormaCash maintains a strict anti-plagiarism policy. The Student must submit only original work and must properly attribute all sources used in their assignments, projects, and assessments. Plagiarism includes but is not limited to: copying another person's work (including code) without attribution; submitting work produced by artificial intelligence tools as one's own without disclosure where such disclosure is required by the programme rules; purchasing or commissioning work from third parties; and self-plagiarism (resubmitting work previously submitted for a different assessment without authorisation). The following graduated sanctions apply to violations of the anti-plagiarism policy:
- First offence: written warning and requirement to resubmit the affected work, with a potential grade penalty.
- Second offence: temporary suspension from the Training programme for a period determined by FormaCash (typically one to four weeks), with the affected assessment marked as failed.
- Third offence or severe first offence (e.g., purchasing commissioned work): permanent exclusion from the Training programme without refund of fees already paid, and revocation of any Certificate previously issued for the programme.
The Student shall use VMCloud Lab environments exclusively for legitimate educational purposes directly related to the Training programme. The following activities are strictly prohibited in VMCloud Labs:
- Cryptocurrency mining or any form of resource-intensive computing unrelated to the Training.
- Conducting cyberattacks, penetration tests, or security scans against systems not explicitly designated for such exercises within the programme.
- Storing, processing, or distributing illicit, illegal, or infringing content, including but not limited to pirated software, stolen data, or unlawful material.
- Attempting to gain unauthorised access to other Students' environments, FormaCash systems, or any third-party systems.
- Using Lab resources for commercial purposes, freelance work, or any activity unrelated to the Training.
Violation of VMCloud Lab usage rules may result in immediate suspension of Lab access and disciplinary action up to and including permanent exclusion from the programme.
The Student shall respect all intellectual property rights as detailed in Article 9 of these Terms. The Student shall not reproduce, distribute, share, sell, or make publicly available any Educational Content, in whole or in part, without the prior written consent of FormaCash.
Article 9 — Intellectual Property
All Educational Content provided by FormaCash, including but not limited to video lectures, written materials, slide presentations, code samples, exercises, quizzes, assessments, project briefs, templates, graphics, logos, trademarks, and the design and structure of the Platform, is and shall remain the exclusive intellectual property of FormaCash OU or its licensors. This content is protected by applicable intellectual property laws, including copyright, trademark, and database rights under Estonian, European Union, and international law.
Upon enrolment and for the duration of the Training programme, FormaCash grants the Student a limited, non-exclusive, non-transferable, revocable licence to access and use the Educational Content solely for the Student's personal educational purposes in connection with the enrolled Training programme. This licence does not confer any ownership rights and is subject to the following restrictions:
- The Student may not reproduce, duplicate, copy, download (except where download functionality is explicitly provided), distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Educational Content for any purpose other than personal study in connection with the Training.
- The Student may not modify, adapt, translate, create derivative works based on, reverse-engineer, decompile, or disassemble any Educational Content or Platform software.
- The Student may not remove, alter, or obscure any copyright notices, trademarks, or other proprietary rights notices contained in or on the Educational Content.
- The Student may not share Educational Content with third parties, including by posting on public forums, social media, file-sharing platforms, or any other medium.
- The licence terminates automatically upon the completion, termination, or expiration of the Student's enrolment, unless FormaCash grants extended access in writing.
Notwithstanding the foregoing, all original code, software, applications, and technical projects produced by the Student during the Training as part of assignments, exercises, or personal projects remain the intellectual property of the Student. FormaCash claims no ownership rights over such Student-produced work. However, the Student grants FormaCash a non-exclusive, royalty-free, worldwide licence to use anonymised or aggregated examples of Student work for the purposes of programme improvement, quality assurance, marketing, and accreditation, provided that no personally identifiable information is disclosed without the Student's prior written consent.
The FormaCash name, logo, and all associated branding are registered trademarks of FormaCash OU. The Student may not use these trademarks without prior written authorisation, except to accurately describe their participation in a FormaCash Training programme (for example, on a CV or professional profile).
Any infringement of FormaCash's intellectual property rights may result in the immediate termination of the Training agreement, legal proceedings for damages, and criminal prosecution where applicable. FormaCash actively monitors for unauthorised distribution of its Educational Content and will take all necessary legal measures to protect its rights.
Article 10 — Personal Data Protection
FormaCash is committed to protecting the privacy and personal data of its Students, applicants, and users in full compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council (General Data Protection Regulation, or GDPR) and the Estonian Personal Data Protection Act (Isikuandmete kaitse seadus).
The collection, processing, storage, and transfer of personal data by FormaCash are governed by our Privacy Policy, which forms an integral part of these Terms and is available separately on the Platform. The Privacy Policy provides comprehensive information on the categories of personal data collected, the purposes and legal bases for processing, the recipients and sub-processors involved, data retention periods, and the exercise of data subject rights.
By registering on the Platform or enrolling in a Training programme, the Student acknowledges that they have read and understood the Privacy Policy. Where processing is based on consent, the Student's consent is obtained through clear affirmative action (e.g., ticking a checkbox) at the relevant point of data collection.
For any questions, concerns, or requests relating to the processing of personal data, the data protection contact point is privacy@formacash.com. The Student may exercise their rights under the GDPR (access, rectification, erasure, restriction, portability, objection) by contacting privacy@formacash.com as described in the Privacy Policy.
FormaCash ensures that all sub-processors engaged in the processing of personal data (including Stripe, VMCloud, and QuickFund) are bound by data processing agreements in accordance with Article 28 of the GDPR and provide adequate guarantees of data protection compliance.
Article 11 — Liability and Limitations
FormaCash undertakes a best efforts obligation (obligation de moyens) in the delivery of its Training services. This means that FormaCash commits to providing competent instruction, suitable materials, and a functional technical infrastructure, but does not guarantee that the Student will achieve any specific outcome, including the acquisition of particular skills, the successful completion of assessments, the passing of third-party certification examinations, or the securing of employment or career advancement following the Training.
FormaCash makes no representations or warranties, express or implied, regarding the suitability of the Training for the Student's particular purposes, the accuracy or completeness of third-party information referenced in the Educational Content, or the continued availability of specific technologies, tools, or platforms covered in the Training. The technology industry evolves rapidly, and FormaCash cannot guarantee that all content will remain current at all times.
FormaCash shall not be held liable for any inability of the Student to find employment following the Training. While FormaCash may offer career services, job placement assistance, or introductions to potential employers, these services are provided on a best efforts basis and do not constitute an employment guarantee. Employment outcomes depend on numerous factors beyond FormaCash's control, including the Student's efforts, skills, market conditions, and individual circumstances.
In the event that FormaCash is found liable for any breach of these Terms or for any other reason, FormaCash's total aggregate liability to the Student shall be limited to the total amount of fees actually paid by the Student for the Training programme giving rise to the claim. This limitation applies to all causes of action, whether arising in contract, tort (including negligence), strict liability, or otherwise.
FormaCash shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of business opportunities, loss of goodwill, or any other intangible losses, even if FormaCash has been advised of the possibility of such damages.
FormaCash shall not be liable for any loss or damage arising from: (a) the Student's failure to comply with these Terms or with any instructions provided by FormaCash; (b) the Student's use of the Training or Educational Content in a manner not authorised by these Terms; (c) interruptions, errors, or defects in the Platform or VMCloud Labs caused by factors beyond FormaCash's reasonable control, including third-party service failures, internet outages, or the Student's equipment; (d) the acts or omissions of third parties, including Stripe, QuickFund, VMCloud, or any other service provider; or (e) events of force majeure as defined in Article 12.
Nothing in these Terms shall exclude or limit FormaCash's liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.
Article 12 — Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from a force majeure event. For the purposes of these Terms, "force majeure" is defined in accordance with the principles of Article 79 of the United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention) as an impediment beyond the reasonable control of the affected party, which could not reasonably have been foreseen at the time of the conclusion of the contract and whose effects could not reasonably have been avoided or overcome.
Examples of force majeure events include, without limitation:
- Pandemics, epidemics, or public health emergencies declared by national or international health authorities.
- Cyberattacks, including distributed denial-of-service (DDoS) attacks, ransomware, data breaches, or other malicious activities targeting FormaCash's infrastructure or that of its critical service providers (Stripe, VMCloud, or hosting infrastructure).
- Major infrastructure failures, including prolonged internet outages, electrical grid failures, data centre failures, or telecommunications disruptions affecting a significant number of users.
- Natural disasters, including earthquakes, floods, storms, volcanic eruptions, or other catastrophic natural events.
- Strikes, lockouts, or other industrial actions affecting FormaCash or its key service providers, provided that such actions are not caused by FormaCash's own conduct.
- Acts of war, terrorism, civil unrest, government sanctions, embargoes, or regulatory changes that directly prevent the performance of the Training.
The party affected by a force majeure event shall notify the other party in writing as soon as reasonably practicable, providing details of the event, its expected duration, and the obligations affected. The affected party shall use all reasonable efforts to mitigate the effects of the force majeure event and to resume performance of its obligations as soon as possible.
During the continuance of a force majeure event, the obligations of both parties that are affected by the event shall be suspended. The Training schedule shall be adjusted accordingly, and FormaCash shall propose alternative arrangements (such as rescheduled sessions or extended access periods) where feasible.
If a force majeure event continues for a period exceeding three (3) consecutive months, either party may terminate the Training agreement by giving written notice to the other party. In the event of such termination, the Student shall be entitled to a pro-rata refund of fees paid for the portion of the Training that was not delivered due to the force majeure event. No additional compensation or damages shall be payable by either party in respect of such termination.
Article 13 — Termination
The Student may terminate the Training agreement at any time after the expiration of the withdrawal period (Article 5) by sending a written termination notice to FormaCash at legal@formacash.com. The termination shall take effect upon receipt of the notice by FormaCash. In the event of termination by the Student:
- If the termination occurs before the commencement of the Training, the Student shall be entitled to a full refund of fees paid, less an administrative fee of one hundred (100) euros to cover processing costs.
- If the termination occurs after the commencement of the Training, the Student shall be entitled to a pro-rata refund calculated on the basis of the number of complete weeks of Training remaining after the effective date of termination, less the administrative fee. No refund shall be due for any partial week.
- Access to the Platform, Educational Content, and VMCloud Labs shall be revoked on the effective date of termination.
- Where payment was made via QuickFund instalment plan or credit, the termination and refund procedure shall be coordinated between FormaCash, QuickFund, and the Student in accordance with the applicable financing terms.
FormaCash may terminate the Training agreement with immediate effect or after a notice period, depending on the circumstances, in the following cases:
- Material breach of these Terms by the Student, including but not limited to violations of the anti-plagiarism policy (Article 8), misuse of VMCloud Labs, or intellectual property infringement (Article 9).
- Non-payment of fees after the grace period specified in Article 4 and after a formal written demand for payment has been sent and remained unresolved for fifteen (15) calendar days.
- Fraud, misrepresentation, or the provision of false information by the Student during the application process or at any point during the Training.
- Conduct that threatens the safety, well-being, or rights of other Students, Instructors, or FormaCash staff.
In the case of termination by FormaCash for cause, the Student shall not be entitled to any refund of fees paid. The Student shall remain liable for any outstanding fees due under the Training agreement. FormaCash reserves the right to seek damages for any losses incurred as a result of the Student's breach.
Where FormaCash initiates termination for reasons other than the Student's fault (for example, cancellation of a programme due to insufficient enrolment), FormaCash shall offer the Student the choice between: (a) transfer to an alternative programme or session at no additional cost; or (b) a full refund of all fees paid for the cancelled programme. FormaCash shall provide at least thirty (30) calendar days' notice of such cancellation.
Upon termination for any reason: (a) the Student's access to the Platform, Educational Content, and VMCloud Labs shall be revoked; (b) the Student must cease all use of Educational Content and destroy any copies in their possession; (c) any Certificate issued for the terminated programme may be revoked if termination was due to fraud, plagiarism, or other academic misconduct; and (d) provisions of these Terms that by their nature are intended to survive termination (including intellectual property, liability limitations, and dispute resolution) shall continue in full force and effect.
Article 14 — Complaints and Mediation
FormaCash is committed to resolving any complaints or disputes in a fair, transparent, and timely manner. Students are encouraged to raise any concerns through the following internal complaint procedure before pursuing external remedies.
Internal Complaint Procedure:
1. The Student may submit a written complaint to FormaCash by email at legal@formacash.com or by post to FormaCash OU, Parnu mnt 148, 11317 Tallinn, Estonia. The complaint should include the Student's name, Account reference, a clear description of the issue, and any supporting documentation.
2. FormaCash will acknowledge receipt of the complaint within five (5) business days.
3. FormaCash will investigate the complaint and provide a substantive written response within thirty (30) calendar days of receipt. If the investigation requires additional time, FormaCash will inform the Student of the expected timeline.
4. If the Student is not satisfied with the response, they may request an internal review by a senior member of FormaCash management, who will provide a final internal decision within fifteen (15) calendar days.
Consumer Mediation:
If the internal complaint procedure does not result in a satisfactory resolution, the Student who is a consumer may refer the dispute to the Consumer Disputes Committee (Tarbijakaebuste komisjon), an alternative dispute resolution body recognised under Directive 2013/11/EU on alternative dispute resolution for consumer disputes. The Consumer Disputes Committee can be contacted at:
Consumer Disputes Committee
Endla 10A
10122 Tallinn, Estonia
Website: https://komisjon.ee
The mediation procedure is free of charge for the consumer. The Committee's recommendations are not binding but are generally followed by reputable businesses. FormaCash commits to participating in good faith in any mediation procedure initiated by a Student.
Online Dispute Resolution:
In accordance with Regulation (EU) No 524/2013 on online dispute resolution for consumer disputes, the Student may also submit a complaint through the European Commission's Online Dispute Resolution (ODR) platform, accessible at: https://ec.europa.eu/odr. The ODR platform facilitates the resolution of disputes arising from online transactions between consumers and traders within the European Union.
Competent Court:
In the event that the dispute cannot be resolved through the internal complaint procedure, mediation, or the ODR platform, either party may bring proceedings before the competent courts. Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of Tallinn (Harju Maakohus), Estonia, without prejudice to the consumer's right to bring proceedings in the courts of their place of domicile in accordance with applicable EU law (Regulation (EU) No 1215/2012, Brussels I bis).
The Student's right to seek injunctive or other equitable relief from any court of competent jurisdiction to protect their rights pending resolution of the dispute is not affected by this clause.
Article 15 — Amendments
FormaCash reserves the right to modify these Terms at any time to reflect changes in applicable law, regulatory requirements, business practices, or the services offered. Any modification shall be communicated to registered Students and Clients at least thirty (30) calendar days before the new Terms come into effect.
Notification of amendments will be made by email to the address associated with the Student's Account and by publication of the updated Terms on the Platform. The updated Terms will clearly indicate the date of the most recent revision. Students are encouraged to review the Terms periodically to stay informed of any changes.
If the Student does not expressly object to the amended Terms within the thirty-day notice period, the Student shall be deemed to have accepted the amendments by tacit acceptance. If the Student objects to the amendments, they may terminate the Training agreement in accordance with Article 13, and the previously applicable Terms shall continue to govern the remainder of the Student's current Training programme.
For Students currently enrolled in a Training programme at the time of an amendment, the Terms in effect at the time of their enrolment shall continue to govern their Training until the completion of the programme, unless the amendment is required by mandatory applicable law or regulation, in which case the amended Terms shall apply immediately.
FormaCash will maintain an archive of previous versions of these Terms, which shall be made available to Students upon written request. Each version of the Terms shall clearly indicate its effective date and the date on which it was superseded.
Article 16 — Final Provisions
If any provision of these Terms is held to be invalid, unlawful, or unenforceable by a court or tribunal of competent jurisdiction, such provision shall be severed from these Terms to the minimum extent necessary, and the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely achieves the economic and legal intent of the original provision.
These Terms are governed by and shall be construed in accordance with the laws of the Republic of Estonia, without regard to its conflict of law provisions, and in accordance with applicable European Union law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded, except to the extent that Article 79 is referenced herein for the definition of force majeure.
These Terms are drafted in English, French, and Estonian. In the event of any discrepancy or inconsistency between the language versions, the English version shall prevail as the reference version, except where mandatory local law requires otherwise.
These Terms, together with the Privacy Policy, the programme-specific information published on the Platform, and any individual agreements or amendments executed between the parties, constitute the entire agreement between the Student or Client and FormaCash with respect to the subject matter hereof. These Terms supersede all prior and contemporaneous agreements, representations, warranties, and understandings between the parties, whether written or oral.
The failure of FormaCash to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorised representative of FormaCash.
The Student may not assign, transfer, or delegate their rights or obligations under these Terms without the prior written consent of FormaCash. FormaCash may assign its rights and obligations under these Terms to any successor entity or affiliate without the Student's consent, provided that such assignment does not materially diminish the Student's rights.
All notices required or permitted under these Terms shall be in writing and shall be deemed duly given when sent by email to the address associated with the recipient's Account (for the Student) or to legal@formacash.com (for FormaCash), or when sent by registered post to the respective party's address.