Terms and Conditions

1. Acceptance of Terms

By accessing and using the Sky Transport Solutions website and services, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

These Terms and Conditions ("Terms") govern your use of the English proficiency testing and training services provided by Sky Transport Solutions ("we," "us," or "our"). By registering for, purchasing, or using any of our services, you ("User," "you," or "your") agree to comply with and be bound by these Terms.

2. Service Description

Sky Transport Solutions provides English proficiency testing and training services designed to help commercial drivers meet the requirements of 49 CFR §391.11(b)(2) as mandated by the Federal Motor Carrier Safety Administration (FMCSA). Our services include:

• English Proficiency Testing: Comprehensive assessments covering conversational English, traffic signs recognition, official inquiries, and report writing capabilities.
• Training Courses: Educational programs designed to improve English proficiency for commercial drivers.
• Certification Documentation: Official documentation of test results and course completion for compliance purposes.

Important Disclaimer: We are not affiliated with, endorsed by, or acting on behalf of the FMCSA, DOT, or any government agency. Our services are designed to assist drivers in meeting regulatory requirements, but compliance with federal regulations remains the responsibility of the driver and their employer.

3. User Eligibility and Account Requirements

3.1 Eligibility

To use our services, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding agreements
• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials

3.2 Account Responsibility

You are responsible for:

• All activities that occur under your account
• Maintaining the confidentiality of your password and account information
• Notifying us immediately of any unauthorized use of your account
• Ensuring that all information provided is truthful and accurate

4. Test Administration and Policies

4.1 Test Integrity

All tests must be taken by the registered individual only. Prohibited activities include:

• Having another person take the test on your behalf
• Using unauthorized materials, devices, or assistance during testing
• Attempting to copy, reproduce, or distribute test content
• Sharing test questions or answers with others
• Interfering with the testing process or system

4.2 Test Environment

When taking online tests, you must:

• Ensure a quiet, distraction-free environment
• Use a reliable internet connection
• Have appropriate equipment (computer, microphone, speakers) as required
• Complete the test in one session unless otherwise specified

4.3 Test Results

Test results are based on objective assessment criteria. Results are final unless there is a documented technical error on our part. We reserve the right to:

• Invalidate test results if fraud or misconduct is detected
• Require retesting if technical issues occur
• Refuse to issue certification if test integrity is compromised

5. Payment Terms

5.1 Pricing

All prices are displayed in U.S. dollars and are subject to change without notice. Current pricing for our services:

• Standard Proficiency Test: per test
• Essential DOT English Course: per driver
• Advanced DOT Communication Course: per driver
• Fleet Training Programs: Custom pricing (contact for quote)

5.2 Payment Processing

Payment must be made in full before services are rendered. We accept major credit cards and other payment methods as displayed on our payment page. All payments are processed through secure third-party payment processors.

5.3 Refund Policy

Refund eligibility is determined as follows:

• Before Test/Course Start: Full refund available if cancellation is made at least 48 hours before the scheduled start time.
• After Test Completion: No refunds are provided for completed tests, as the service has been fully rendered.
• Technical Issues: If a test cannot be completed due to technical problems on our end, we will provide a free retest or full refund at our discretion.
• Course Refunds: Course refunds are prorated based on completion percentage, minus a 10% administrative fee, if cancellation occurs within the first 25% of the course.
• No Refund for Violations: No refunds will be provided if services are terminated due to violation of these Terms, including test fraud or misconduct.

To request a refund, contact our coordinators at info@skytransportsolutions.com or call (800) 498-9820, (209) 855-6938, or (209) 762-6540 with your order number and reason for cancellation.

6. Intellectual Property Rights

All content on this website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, and software, is the property of Sky Transport Solutions or its content suppliers and is protected by United States and international copyright laws.

You may not:

• Reproduce, distribute, or create derivative works from our content
• Use our content for commercial purposes without written permission
• Remove copyright or proprietary notices from materials
• Reverse engineer or attempt to extract source code from our software

Test questions, course materials, and assessment content are proprietary and confidential. Unauthorized distribution or sharing of this content is strictly prohibited and may result in legal action.

7. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to the collection and use of information as described in our Privacy Policy.

We collect and store information necessary to:

• Provide testing and training services
• Issue certifications and compliance documentation
• Process payments and manage accounts
• Communicate with you about your account and services
• Comply with legal and regulatory requirements

8. Limitation of Liability

8.1 Service Limitations

While we strive to provide accurate and reliable services, we make no warranties or representations regarding:

• The accuracy or completeness of test results
• Guaranteed compliance with FMCSA or DOT regulations
• Acceptance of our certifications by all employers or regulatory agencies
• Uninterrupted or error-free service

8.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SKY TRANSPORT SOLUTIONS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

• Your use or inability to use our services
• Any conduct or content of third parties on our platform
• Unauthorized access, use, or alteration of your transmissions or content
• Any failure to meet regulatory compliance requirements

Our total liability for any claims arising from or related to our services shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

9. Compliance and Regulatory Disclaimer

Important Regulatory Notice: Our testing and certification services are designed to assist drivers in meeting the English proficiency requirements outlined in 49 CFR §391.11(b)(2). However:

• We are not a government agency and our certifications are not official government documents
• Final determination of English proficiency compliance is made by FMCSA inspectors, DOT officers, and other authorized officials during roadside inspections
• Our test results and certifications may be used as supporting documentation but do not guarantee compliance or prevent citations
• Drivers and employers remain solely responsible for ensuring compliance with all applicable federal and state regulations
• We are not liable for any citations, penalties, or out-of-service orders issued by regulatory authorities

10. Prohibited Uses

You agree not to use our services:

• For any unlawful purpose or to solicit others to perform unlawful acts
• To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
• To submit false or misleading information
• To upload or transmit viruses or any other type of malicious code
• To collect or track the personal information of others
• To spam, phish, pharm, pretext, spider, crawl, or scrape
• For any obscene or immoral purpose
• To interfere with or circumvent the security features of our services

11. Termination

We reserve the right to terminate or suspend your account and access to our services immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms
• Fraudulent activity or misrepresentation
• Violation of test integrity policies
• Non-payment of fees
• Request by law enforcement or regulatory agencies

Upon termination, your right to use the services will immediately cease. If you wish to terminate your account, you may simply discontinue using the service or contact us to request account deletion.

12. Modifications to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.

13. Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of [Your State], United States, without regard to its conflict of law provisions.

13.2 Dispute Resolution Process

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or our services, the parties agree to first attempt to resolve the dispute through good faith negotiations. If the dispute cannot be resolved through negotiation, the parties agree to submit to binding arbitration in accordance with the rules of the American Arbitration Association.

14. Force Majeure

We shall not be liable for any failure to perform our obligations under these Terms where such failure results from any cause beyond our reasonable control, including but not limited to mechanical, electronic, or communications failure or degradation, acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the website, shall constitute the entire agreement between you and Sky Transport Solutions concerning our services.

17. Contact Information

If you have any questions about these Terms and Conditions, please contact us: