NFSTI Training - Terms Of Service

Terms & Conditions – December 18, 2020

1. Definitions

In these Conditions the following expressions shall have the following meanings:
• “NFSTI” or “NFSTI Training” means National Food Safety Training Institute, LLC.
• The “Client” means the person, company or other legal entity identified as providing a request to NFSTI to supply Services.
• “Services” means the goods or services to be provided by NFSTI to the Client under the terms of the contract and “Services” shall be construed accordingly.
• “Confirmation Date” means the date when all the following apply:
- A request to supply Services has been received from the Client by NFSTI
- NFSTI has confirmed to the Client that the course or other Services requested are available and the price is correct.
- Payment has been received or alternative payment method agreed.
• “Contract” means the contract between NFSTI and the Client under which the Services are to be supplied by NFSTI to the Client.
• “Training Provider” means the company delivering a course when this is not NFSTI.
• “Working Day” means every day of the week apart from Saturday, Sunday and statutory holidays. “Month” means a calendar month. “Week” means seven consecutive days.
• “Intellectual Property” includes all training materials, course manuals, inventions, patent applications, granted patents, registered and unregistered designs, copyright works, trademarks and confidential information.

 2. Prices

The price payable for the Services shall be the list price of NFSTI at the Confirmation Date unless otherwise stated.

NFSTI reserves the right to increase the price from that advertised on the website or in other forms at our discretion and for any reason prior to the course commencement. Where this affects the price payable by the customer and the customer has made payment of the previous advertised price (not including Purchase Orders and Reservations) and does not wish to proceed at the increased price a full refund will be payable.

The price does not include travel, accommodation, meals or other related expenses unless explicitly stated.

All prices are exclusive of Value Added Tax and this will be charged at the appropriate rate.

3. Terms of Payment

Where the Services relate to the provision of a training course, payment by credit card, debit card is required immediately. Special arrangements will not be made.

Where pre-agreed by NFSTI Training payment may be agreed by Purchase Order (from a company based within the USA only). Where payment by Purchase Order is agreed these Terms and Conditions shall remain in full force and no variation to these Terms and Conditions is accepted by NFSTI Training whether detailed by the Customer within the Purchase Order or by another means without specific acceptance by NFSTI Training in writing.  

Where agreement has not been provided in writing any additions or variations to these Terms and Conditions shall be null and void.

4. Training Courses - In Person Instructor-Led & Online NFSTI Food Manager Course

NFSTI provides training in conjunction with selected Training Providers. To the best knowledge of NFSTI these Training Providers are suitably qualified and accredited to deliver the training courses offered. 

The contents of course schedules are intended for general guidance only and do not form any part of a contract.  NFSTI reserves the right to make any reasonable variations to public and in-house courses, including the content and location of the courses, without notice.

The indication of course availability and location shown on the NFSTI website is for general guidance and does not form any part of a contract.  Please contact NFSTI before making any travel or accommodation arrangements as NFSTI will not be liable for any action that you may take in reliance on the information.

It is the responsibility of the Client to ensure that the delegates meet the prerequisites of the course on which they are booked, and that the course content meets their requirements.

 NFSTI will perform the Services with reasonable skill and care. Any other conditions or warranties whether express or implied as to the quality of the Services are hereby expressly excluded.

Unless otherwise indicated, all courses are delivered solely in English and all delegates must be sufficiently proficient in English language before attending a course.

For courses not exclusive to one Client, NFSTI and its Training Providers reserve the right to refuse admission to the training premises by any person whom they consider in their absolute discretion to be unsuitable for admission onto the training premises or to remove any such person after the commencement of a course.

5. Online NFSTI Food Manager Course Purchase

You have 365 Days to start your online course. No refunds or returns.

6. Your Exam Access ServSafe Food Manager Testing Code(s)

You have 180 days (Six Months) to use your exam access code(s)

once sent via email. You will receive this code when your online Food Manager Class is completed, If you do not receive this code, please email: customercare@nfsti.com. The Six months begins when your first email is sent to you, even if you "Did not see the email" or "Didn't receive it. If you do not schedule your exam and utilize this code within six months, it will expire and you will need to purchase a new one.  

7. In Person Instructor -Led Course Duration

Course durations for classroom events are clearly stated on the website.

All classroom-based courses are run on working days only, unless otherwise stated. On the rare occasion where a training event duration spans a weekend the course will continue the following week. For example, if a 3-day training event commences on a Friday then the remaining 2 days of training will take place on the following Monday and Tuesday.

8. Cancellation, Transfers and Substitutions with respect to Training Courses

NFSTI reserves the right to cancel or arrange an alternative date for a course.  In such circumstances NFSTI will endeavor to provide notice of cancellation or change to the Client. In the event of cancellation, the Client will be entitled to a full refund of the course fee but NFSTI shall not be liable for any other loss or expense arising.

The Client shall be liable to pay a cancellation fee as follows:

1. The Client is a No Show for a Public Scheduled Course, no refund will be issued
2. The Client can reschedule a Public Scheduled Course within twenty-four hours (24)

by sending an email to: customercare@nfsti.com. with no penalties. Phone calls or texts messages are not acceptable for rescheduling.

Refund Policy ServSafe Food Manager Public Scheduled Courses:

Policy For Customer Cancelations, Rescheduling & NFSTI Cancelations

No Refund(s) Will Be Issued – Only Rescheduling Is An Option.

The Client is a No Show for a Public Scheduled Course Refund no refund will be issued. 

If NFSTI cancels a class customer can reschedule to another class or receive a refund in full, but the NFSTI Food Manager book must be returned before the refund is issued. NFSTI will send Customer a return shipping label via US Postal mail.

If Customer opts not to return the NFSTI Food Manager book then the refund amount will be $130.05

9. Credit Rating
 NFSTI reserves the right to assess the financial status of any organization or individual making a booking or in the process of making a booking and also reserves the right to require payment prior to confirming a booking.

10. Liability

NFSTI’ total liability for any loss or damage shall not exceed the price payable for the Services, except in cases of direct physical damage to the Client’s property, personal injury or death.

NFSTI shall not be liable howsoever caused for indirect or consequential loss including but not limited to: loss of profits; loss of revenue; loss of goodwill; loss of data; failure to achieve savings.

11. Force Majeure

NFSTI shall not be in breach of this contract if there is any total or partial failure of performance by it of its duties and obligations under this contract occasioned by any act of God, fire, act of government or state, war, civil commotion, insurrection, embargo, prevention from or hindrance from obtaining any raw materials or energy, sickness or other cause beyond its reasonable control.

If NFSTI is unable to perform its duties and obligations under this contract as a direct result of one or more such causes NFSTI shall give written notice to the Client of such inability stating the cause in question. 

12. Data Protection and Confidentiality

The policy of NFSTI with respect to data protection is detailed in these Terms and Conditions and its Privacy Notice which should be read in conjunction with these terms and conditions of contract.

Where Services are certified training courses, the Client consents to allow NFSTI full access to examination results arising from their bookings.  This information will be used in accordance with the requirements of relevant data protection legislation. The data will only be used to evaluate effectiveness of training and to assist NFSTI in providing advice to its clients.

All Intellectual Property associated with training courses or other Services shall remain vested in the owner be it NFSTI, its Training Provider or others.

Where Services are distance learning products then the Client shall abide by all reasonable terms of any license agreement applicable.

Intellectual Property, which is identified as, or can reasonably be deemed to be, confidential shall not be copied or reproduced or disclosed to any third party without the prior written consent of NFSTI.  The Client shall ensure that its employees and all those under the Client’s control and supervision comply with this obligation.

Where Services are provided to the specification or special requirements of the Client, the Client shall indemnify NFSTI against all costs, claims and damages incurred or arising out of any alleged infringements of Intellectual Property.

 13. General

The Contract shall only become effective at the Confirmation Date.

Any typographical clerical or other error or omission in any sales literature, administrative documentation, course materials, invoice or other document or information issued by NFSTI or its Training Providers shall be subject to correction without any liability on the part of NFSTI.

No variation to these Terms and Conditions shall be effective unless made in writing and signed by an authorized representative of NFSTI.

NFSTI may assign or sub-contract the whole or any part of the Contract to any person, firm or company.

During the term of the Contract and for a period of 12 months thereafter, the Client shall not directly or indirectly employ or solicit for employment any employees of NFSTI or its Training Providers.

The invalidity or unenforceability for any reason of any condition, sub-clause or paragraph of these Terms and Conditions shall not prejudice or affect the validity or enforceability of the remainder.

These Terms and Conditions shall be governed by and construed in accordance with law and the parties agree to submit to the exclusive jurisdiction of the courts.