General terms and conditions of sale for training courses
3/ General terms and conditions of sale for training courses
These terms and conditions apply to all services provided by our firm, in particular those relating to consulting and engineering in the field of training. The customer signing this contract accepts them without reservation.
GENERAL TERMS AND CONDITIONS
These terms and conditions apply to all services provided by our firm, in particular those relating to consulting and engineering in the field of training. The customer signing the present contract accepts them without reservation.
Article 1 - Areas of intervention
At the customer's request, our firm can intervene in all aspects of training.
Depending on the case, our involvement may be limited to a consultancy role in the above-mentioned fields, or to an assistance mission, or even to the direct management of all or part of the training operations that the customer wishes to develop.
In the first two cases, our role is to draw on our experience in the training field to provide our clients with all the information they need to make the right decisions, as well as the appropriate advice to help them do so.
In the last case, we ensure the successful completion of outsourced training operations within the limits set by the specifications.
Article 2 - Terms and conditions
Our firm provides its clients with specific know-how in the field of training, characterized in particular by :
- by its working methods;
- by the qualifications of its staff;
- through its expertise in this field and its knowledge of the related obligations.
Our services are based on the following principles:
- designation by our firm of one of our employees as the customer's main contact for the performance of the services entrusted to us;
- when taking on a mission, if necessary, we draw up an inventory of the situation, enabling us to precisely define our area of intervention and obligations
of our firm and the customer.
Our firm is under no obligation to provide any services other than those offered and agreed to in writing by the customer.
Our firm undertakes to use all necessary means to perform the services entrusted to it.
It is the sole responsibility of the client to determine the technical and human resources required.
The customer undertakes to provide us with all documents and information required for the proper performance of the services.
More generally, the customer undertakes to take all measures likely to enable us to perform the services in the best possible conditions.
The conclusion of a contract does not have the effect of granting the customer any exclusivity; consequently, our firm remains free to provide identical services to other natural or legal persons, including those engaged in a similar activity.
Article 3 - Contract duration
The duration of our services is either fixed or open-ended. In each case, this duration is set out in the special conditions.
The special conditions also define, depending on the case :
- how to terminate open-ended contracts (form, notice period, etc.),
- where applicable, the renewal terms for fixed-term contracts.
Article 4 - Prices and billing
Our firm's services are invoiced on the basis of a fixed price set out in the special conditions.
This price is exclusive of tax and ancillary costs. Accordia's training services are exempt from VAT - Art. 261.4.4 a of the French General Tax Code.
It may be revised in accordance with the conditions laid down in the special agreements.
Any change in the purpose or scope of Accordia's services will give rise to a new quotation.
Unless otherwise agreed, payment shall be made by bank transfer within 30 days of the date of the invoice sent to the customer by our firm.
Failure to comply with payment conditions will result in :
- immediate payment of all outstanding sums, whatever the method of payment or due date;
- suspension of the performance of our services until the outstanding invoice has been settled, without this suspension constituting termination of the contract that our
Cabinet nevertheless reserves the right to request, in accordance with the provisions of article 7 below ;
- the application of a penalty, in accordance ą with the law transposing European Directive n°2012-387 of March 22, 2012, of an amount equal to the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points, taking effect the day after the payment date specified on the invoice. This penalty will be invoiced pro rata to the period of delay, and at least quarterly.
- in accordance with decree no. 2012-1115 of October 2, 2012, the amount of the flat-rate indemnity for collection costs due to the creditor in the event of late payment is set at 40 euros.
Article 5 - Liability, warranty
Our firm undertakes to take the utmost care in the performance of its services, in compliance with the obligations set out in these general terms and conditions and in the specifications. We can only be held liable in the event of fault on our part.
Insofar as the customer demonstrates that he has suffered damage, our firm may only be obliged to compensate the damage, of any nature whatsoever, up to the following twofold maximum limit:
- the cost of invoicing for the services in question, limited to six months of services.
- liability insurance coverage.
To determine this limit of liability, the price is broken down, where necessary, according to the services in question.
Under no circumstances may our firm be held liable for any of the following:
- fault, negligence, omission or default of the customer ;
- force majeure, events or incidents beyond the control of our firm, such as strikes, social unrest, public calamities, fires, health crises, etc. ;
- fault, negligence or omission of a third party over whom our firm has no power of control or supervision.
Article 6 - Confidentiality
Our firm undertakes to maintain the strictest confidentiality with regard to any information or documents brought to its attention in the performance of the contract, and with regard to any work resulting from the processing thereof, and undertakes not to make any use thereof other than that provided for in the contract.
It undertakes to impose the same obligations on its employees.
However, the customer agrees to be cited as a reference for the types of operations carried out.
Article 7 - Non-solicitation clause
For the duration of the contract and for one year following its termination, the parties undertake not to hire, directly or indirectly, any employee of the other party, unless they have agreed otherwise in writing.
The party contravening this prohibition shall pay the other party a fixed indemnity equal to six months' gross salary received by the employee at the time of departure, calculated as an average over the last twelve months, or over the entire period if less than twelve months.
Article 8 - Termination
8.1 Any decision by the customer not to proceed with an assignment within one month prior to the date stipulated in the contract for the start of the assignment shall automatically render the customer liable to pay a lump-sum compensation intended to offset the costs incurred by our Company in the preparatory phase of the assignment and equal to 25% of the price, exclusive of tax, of our intervention (total if the duration is fixed and limited to six months otherwise).
8.2 In the event of partial or total non-performance by either party of its contractual obligations, the contract shall be terminated ipso jure within fifteen days of notification of formal notice which has remained without effect. This formal notice is sent to the defaulting party by registered letter with acknowledgement of receipt.
Any waiver to invoke the violation of any clause whatsoever, either of the present general terms and conditions or of the special terms and conditions, shall not be construed as a novation of the contract.
Consequently, it shall not constitute a waiver to invoke prior, simultaneous or subsequent breaches of the same or other clauses, unless such waiver is expressed in writing.
8.3 In the event that our firm is temporarily prevented from performing its services (or any part thereof), it shall inform the customer as soon as possible and agree any compensatory measures.
8.4 Apart from the cases of termination provided for in 8.1 and 8.2 of this article :
Cancellation :
In the event of cancellation by the customer, the design and travel costs incurred are due and cannot be reimbursed or postponed.
Training courses or interventions may be postponed once without charge within 11 working days prior to the scheduled date.
For postponement or cancellation between 10 and 6 working days before the training date, 33% compensation will be due.
For postponements or cancellations between 5 and 3 working days prior to the training date, 66% compensation will be due.
For postponements or cancellations within 2 working days, 100% compensation will be payable.
In the exceptional case of a request for a new postponement of a previously postponed intervention, 100% compensation will be due. A new order form or agreement will then be issued.
- Any termination of an open-ended contract at the customer's initiative, without respecting the notice period stipulated in the contract, automatically entails the payment, by way of damages, of a fixed indemnity equal to the price, excluding taxes, of the services that should have been invoiced up to the end of the notice period.
- Any early termination of a fixed-term contract at the customer's initiative automatically entails payment, by way of damages, of a flat-rate indemnity set at 50% of the price, excluding taxes, of the services that should have been invoiced up to the end of the contract initially planned.
- If necessary, the lump-sum compensation is calculated on the basis of the last six months' activity prior to the termination, or the entire period if less than six months.
8.5 In all cases, the customer remains liable for payment of services rendered.
Article 9 - Jurisdiction
Any dispute arising from the interpretation or performance of the contract which cannot be settled amicably between the parties shall be referred to the Tribunal d'Instance de Paris, even in the event of a third-party claim or multiple defendants.