Sale and user general conditions
1. ABOUT US
IA is a SAS whose head office is located at 40 rue Alexandre Dumas, 75001 Paris (France) whose activities are as follows: individual and collective support through neuro training, coaching and consulting missions. The creation and animation of training in inter, intra, face-to-face, distance or blended learning. E-Sport: Support, training and events. Animation of a professional network of neuro trainer, consultant, coach, trainer. These activities will hereinafter be referred to as the “Service Offering”.
2. PURPOSE OF THESE CGV/U
These general conditions of sale and use (hereinafter the “GTC/U”) apply to all offers of IA services relating to registrations or orders placed with IA by any individual or professional customer (hereafter: hereinafter referred to as “the Client”). The fact of placing an order or validating a registration implies the Customer’s full and unreserved acceptance of these GCS. Any contrary condition and in particular any general or specific condition opposed by the Customer cannot, except for formal and written acceptance by IA, prevail over these GCS, regardless of when it may have been brought to its attention. The fact that IA does not avail itself at a given time of one of these T&Cs cannot be interpreted as a waiver to avail itself of them later. The Professional Client must guarantee compliance with these GCS for all of its employees, employees and agents. The Customer also acknowledges that, prior to any order or registration, he has benefited from sufficient support, information and advice from IA, allowing him to ensure the adequacy between the service offer chosen and his original request.
3. PROVISIONS APPLICABLE TO ALL IA SERVICE OFFERS
The proposal and the prices indicated by IA are valid for one (1) month from the sending of the estimate or purchase order. The service offer is deemed accepted upon receipt by IA of an order form, registration form, contract or training agreement signed by any duly authorized representative of the Client. The signature implies knowledge and irrevocable and unreserved acceptance of these general conditions, which may be modified by IA at any time, without notice, and without this modification giving rise to the right to compensation for the benefit of the Client.
3.2. Invoicing – Payment
All prices are expressed in euros and excluding taxes. They will be increased by VAT at the rate in force. Any taxes, customs or import duties as well as bank charges incurred by the method of payment used will be the responsibility of the Customer. For training organized for an inter-company client, the travel costs of the consultant(s) or the trainer(s) as well as the costs of room rental, documentation and rental of current equipment (video projector, etc.) may be charged extra.
Unless otherwise agreed, payments will be made under the following conditions:
– cash payment must be made by the Customer, at the latest within 30 (thirty) days from the date of the invoice; Payment is accepted by check or bank transfer to the account below:
CIC Meudon La Foret
IBAN: FR76 3006 6102 9100 0203 2290 192
BIC Code: CMCIFRPP
– no discount will be applied in the event of payment before the due date, unless otherwise indicated on the invoice.
In the event of late payment, IA may suspend all orders in progress and deactivate access to the E-learning module(s), without prejudice to any other course of action. Any sum not paid on the due date automatically entails and without prior notice, the application of penalties of an amount equal to three times the legal interest rate. IA will have the option of suspending the service until full payment and obtaining settlement by litigation at the Customer’s expense without prejudice to any other damages that may be due to IA. In accordance with the Commercial Code, any payment after the due date will give rise to the payment of a fixed indemnity of €40 for recovery costs. Additional compensation may be claimed, on proof, if the recovery costs incurred exceed the amount of the lump sum compensation.
3.3. Withdrawal period
Unless otherwise stipulated and concerning the purchase of services online; from the date of signature of the training contract, the trainee or the company has a period of 14 days to withdraw, he informs the training organization by registered letter with acknowledgment of receipt.
IA cannot be held reliable to the Client in the event of non-performance of its obligations resulting from an event of force majeure. Are considered as cases of force majeure or fortuitous event, in addition to those usually recognized by the jurisprudence of French Courts and Tribunals and without this list being restrictive: the illness or accident of a consultant or a training facilitator, the strikes or social conflicts internal or external to IA natural disasters, fires, non-obtaining of visas, work authorizations or other permits, laws or regulations put in place subsequently, interruption of telecommunications, interruption energy supply, interruption of communications or transport of any kind, or any other circumstance beyond the reasonable control of IA.
3.5. Intellectual Property
IA is the sole holder of the intellectual property rights of all the training courses it offers to its Clients. To this end, all content and educational materials in whatever form (paper, electronic, digital, oral, etc.) used by IA to provide training remain the exclusive property of IA. As such, they may not be the subject of any use, transformation, reproduction, exploitation not expressly authorized within or outside the Client without the express agreement of IA. In particular, the Customer is prohibited from using the content of the training to train people other than its own staff and is liable on the basis of Articles L. 122-4 and L. 335-2 and following of the Code of intellectual property in the event of unauthorized transfer or communication of content. Any reproduction, representation, modification, publication, transmission, distortion, in whole or in part, of the training content, including the E-Learning module(s), as well as the databases appearing, where applicable, on the IA platform, are strictly prohibited, regardless of the process and medium used. In return for payment of the corresponding price, the E-Learning modules are subject to a personal, non-transferable and non-exclusive right of use for a period limited to one year from the opening of the access keys. In any case, IA remains the owner of its tools, methods and know-how developed previously or during the performance of the services at the Client’s.
The parties undertake to keep confidential the information and documents concerning the other party of whatever nature, economic, technical or commercial, to which they may have access during the performance of the contract or on the occasion exchanges made prior to the conclusion of the contract, in particular all the information appearing in the commercial and financial proposal sent by IA to the Client. IA undertakes not to communicate to third parties other than its affiliated companies, partners or suppliers, the information transmitted by the Client, including information concerning the Users.
The Client agrees to be cited by IA as a client of its service offerings, at IA’s expense. Subject to compliance with the preceding provisions, IA may mention the name of the Client, its logo as well as an objective description of the nature of the services, subject of the contract, in its lists of references and proposals for the attention of its prospects and its customers, in particular on its website, interviews with third parties, communications to its staff, internal forward-looking management documents, annual report to shareholders, as well as in the event of legal, regulatory or accounting provisions requiring it.
3.8. Protection of personal data
The personal data of the trainees are used strictly within the framework of the registration, the execution and the follow-up of their training by the IA services in charge of the processing. These data are necessary for the execution of the training. They are kept for the legal period of prescription of the administrative and financial controls applicable to training actions. In application of the regulations on the protection of personal data, the trainee has a right of access, rectification, limitation of processing as well as a right of opposition and portability of his data if applicable. , which can be exercised by contacting IA, DPO IA – 40 rue Alexandre Dumas, 75001 Paris (France). The intern also has the right to lodge a complaint with a supervisory authority if necessary. As the person responsible for processing its personnel file, the Professional Client undertakes to inform each trainee that personal data concerning him is collected and processed by IA for the purposes of carrying out and monitoring the training.training under the conditions defined above.
These general conditions are governed by French law. In the event of a dispute arising between the client and IA during the execution of a contract, an amicable solution will first be sought and failing that, it will be the responsibility of the Paris Commercial Court.
4. CONCERNING SERVICE OFFERS OTHER THAN TRAINING: Individual and/or collective support / E-Sport / Network
Any audit, consulting, coaching or event organization service will be the subject of a commercial and financial proposal drawn up by IA.
Unless otherwise specified, in the event of acceptance by the Customer, a minimum deposit of 30% of the total cost of the service will be paid by the Customer when placing the order. The balance no later than the end of the service unless otherwise provided in the assignment contract. For the realization of audit, consulting or coaching missions, IA will invoice the time of the speakers (consultants, coach, IA trainers) devoted to the mission, either via a price per hour or day, or at a flat rate. The technical and logistical costs related to the execution of the mission are the responsibility of the Client and are in no way included in the fees. Unless otherwise stated in the proposal, these costs will be charged extra in the invoice.
5. PROVISIONS COMMON TO TRAINING
5.1 Contract documents
For each training action, a registration form, an agreement or a contract will be established according to the articles of the Labor Code which refer to it. The training certificate and the attendance sheet(s) will be given to the client on request after the training.
5.2 Payment by a third-party finance (OPCO…)
In the event of payment by a third party, it is up to the Customer to make the request for reimbursement before the start of the training with this third-party funder. The financing agreement must be communicated at the time of registration and on the copy of the agreement that the Client returns signed to IA. In the event of partial coverage, the difference will be invoiced directly by IA to the Customer. If the support agreement does not reach IA on the first day of the training, IA reserves the right to invoice all training costs to the Client.
5.3 Cancellation of face-to-face training at the Customer’s initiative
The face-to-face training dates are set by IA and cannot be modified at the request of the client, whether private or professional. A change of date so as not to give rise to double invoicing must have been expressly accepted by IA. In the event of late cancellation by the Customer of a training session, compensatory indemnities are due as indicated below:
– postponement or cancellation communicated to IA at least 30 working days before the start date of the training session: refund of the deposit already paid or postponement of the session
– postponement or cancellation communicated less than 30 days and at least 15 working days before the session: 30% (i.e. the deposit) not reimbursed by IA
– postponement or cancellation communicated less than 15 working days before the session: the full payment will be required by IA.
6. CONCERNING PRESENTIAL TRAINING
The provisions of this article concern the long training courses available in the IA catalog and carried out in IA premises or premises made available by IA or in the customer’s premises.
6.2. Financial conditions
Payment of the price of the training is made by check payable to SAS Intelligences Alternatives or by bank transfer. Payment is made either in full at the time of registration, or in two instalments: 30% at registration and the balance on the first day of training. Any training not paid for on the first day of the training cannot be started by the customer. Except in the case of support by a third-party funder. Exception made for long training where the balance must be paid at least 10 days before the start of the training (except registration less than 10 days before the start date – in this case all will be due upon registration). All prices are indicated excluding taxes and are to be increased by the rate of VAT in force. Meals and accommodation costs for trainees are not included in the price of the training.
6.3. Insufficient number of participants in a session
In the event that the number of participants is insufficient to ensure the smooth running of the training session, IA reserves the right to postpone the training at the latest one week before the scheduled date, without compensation.
7. REGARDING DISTANCE TRAINING / E-LEARNING / BLENDED LEARNING
E-learning or distance training consists of the provision open and distance training station through the use of training modules on a secure virtual platform.
7.2. Financial conditions
Payment of the price of the training is made by check payable to SAS Intelligences Alternatives or by bank transfer. Payment is made either in full at the time of registration, or in two instalments: 30% at registration and the balance on the first day of training. Any training not paid for on the first day of the training cannot be started by the customer. Except in the case of support by a third-party funder. Exception made for long training where the balance must be paid at least 10 days before the start of the training (except registration less than 10 days before the start date – in this case all will be due upon registration). All prices are indicated excluding taxes and are to be increased by the rate of VAT in force. Meals and accommodation costs for trainees are not included in the price of the training. As part of E-learning, IA provided to the Customer: the creation of an account with a username and password for the user allowing him to access the training module(s) for a defined period depending on the course chosen.
7.3. Conditions of access and connection
The username and password, delivered electronically to the User, are sensitive, strictly personal and confidential information, placed under the exclusive responsibility of the User Client. As such, they cannot be transferred, resold or shared. The Customer guarantees to IA the execution of this clause by any User and will be liable for any fraudulent or abusive use of the access codes. The Customer will immediately inform IA of the loss or theft of the access keys. In the event of violation of the inalienability clause or noted sharing of access identifiers, IA reserves the right to suspend the service, without compensation, notice or prior information.
IA reserves the right to modify the training module(s) offered on its platform, both in their general organization and in their nature and content, without this modification giving rise to the right to compensation for the benefit of the Client.
7.5. Access guarantees
IA undertakes to make every effort to allow access to its platform, 7 days a week, 24 hours a day, for the duration of the rights to use the module(s), except for possible breakdowns or technical constraints. related to the specificities of the Internet network. The Customer undertakes to inform IA within 24 hours of discovering a technical malfunction. IA will make its best efforts to ensure that the platform operates reliably and continuously. However, the Customer acknowledges that no one can guarantee the proper functioning of the Internet network. In the event of an interruption of service by IA linked to a corrective maintenance intervention, IA will make every effort to remedy the malfunction within 72 working hours. In the event of ongoing maintenance of its platform, IA may also temporarily interrupt access. IA will then endeavor to limit the time of interruption of the service and will endeavor to notify the Customer in advance. The latter undertakes not to claim compensation or damages from IA. IA does not guarantee the uninterrupted and error-free operation of the distance learning module(s). It will be up to the Customer to provide any justification as to the reality of the anomalies or non-conformities observed. Only IA can intervene on the module(s). The Customer will refrain from intervening itself or having a third party intervene for this purpose.
IA provides the contact person contractually designated by the Customer with assistance by email and telephone. No on-site maintenance is planned.
The Customer will inform each User that a cookie, which means a block of data allowing IA to identify the User and used to record information essential to its navigation on the IA platform, can be installed automatically. on its navigation software. The configuration of the navigation software makes it possible to inform of the presence of the cookie and possibly to refuse it. The installed cookie only contains the User’s identifier and does not allow third-party sites to identify the User. The Customer will nevertheless inform the User that it is preferable to check the disconnection option each time the user session is closed.