Experts Formations is a DATADOCK certified professional training organization, specialized in communication and software skils. Its registered office is located at 13 rue de la pierre levée – 75011 Paris. Experts Formations designs, develops and delivers inter-company and intra-company training courses in Paris and throughout France and Europe, alone or in partnership.
In the following paragraphs, it is agreed to refer to:
– client: any natural or legal person who registers or orders a training course from Training Experts.
– trainee: the natural person who participates in a training course.
– inter-company training: training courses included in the catalogue of Training Experts and which bring together trainees from different structures.
– intra-company training: training courses tailored by Training Experts on behalf of a client or a group of clients.
– GTC: the general terms and conditions of sale, detailed below.
– OPCA: the approved joint collecting bodies responsible for collecting and managing the training effort of companies.
These general terms and conditions of sale apply to all training services provided by Experts Formations on behalf of a Client. The fact of registering or placing an order implies the Client’s full and unreserved acceptance of these general terms and conditions of sale. These general terms and conditions of sale prevail over any other document of the Client, and in particular over all the Client’s general terms and conditions of purchase.
■ Financial terms, regulations and payment terms
All prices are indicated in euros and exclude taxes. They must be increased by VAT at the current rate.
The payment of the training price is to be made at the end of the training, upon receipt of an invoice, in cash, without discount to the order of Training Experts. In the event of a long journey, intermediate invoicing may be initiated.
Any amount not paid on the due date shall automatically and without prior formal notice entail the application of penalties equal to one and a half times the legal interest rate. Experts Formations shall be entitled to obtain payment by litigation at the Client’s expense without prejudice to any other damages that may be due to Experts Formations.
In the event of payment by the OPCA to which the Client belongs, it is the Client’s responsibility to make his request for payment before the start of the training. The financing agreement must be communicated at the time of registration and on the copy of the quotation that the Client returns duly completed, dated, stamped, signed and marked “Good for agreement” to Experts Formations. In the event of partial coverage by the OPCA, the difference will be invoiced directly to the Client by Experts Formations. If the agreement to take charge of the Client does not reach Experts Formations at the latest one working day before the start of the training, Experts Formations reserves the right to refuse the Trainee’s entry into training or to invoice the Client for all the training costs.
In exceptional situations, a staggered payment may be made. In any case, its terms and conditions must have been formalised before the start of the training.
■ Edit and replace a participant
In the event of a withdrawal notified by the Client to Training Experts at least 7 days before the start of the training, Training Experts offers the Client the possibility:
– to postpone the registration of the Trainee for a subsequent training course, duly scheduled in the catalogue of Training Experts, and after possible agreement of the OPCA,
– to replace the prevented Intern by another participant with the same profile and training needs, subject to the possible agreement of the OPCA. The latter possibility cannot be applied to intermittent persons in the show.
■ Cancellation, absence or interruption of a training course
Any module started is due in its entirety and will be invoiced to the Client by Training Experts. In the event of absence, interruption or cancellation, the invoice of Training Experts will distinguish the price corresponding to the days actually attended by the Trainee and the sums due for absences or interruption of the training. It is recalled that the sums due by the Client in this respect cannot be charged by the Client against its obligation to participate in continuing professional training or be the subject of a request for payment by an OPCA.
In this case, the Client undertakes to pay the sums that would remain at his expense directly to Training Experts.
In addition, in the event of cancellation of the training by the Client, Experts Formations reserves the right to charge the Client cancellation fees calculated as follows:
– if the cancellation occurs more than 20 working days before the start of the training: no cancellation fee
– if the cancellation occurs between 15 days and 7 working days before the start of the training: the cancellation fee is equal to 60% of the price excluding VAT of the training
– if the cancellation occurs less than 7 working days before the start of the training: the cancellation fee is equal to 100% of the price excluding VAT of the training.
■ Opening hours and reception
Unless otherwise indicated on the training presentation form and the invitation to attend, the daily duration of the training sessions is set at seven hours.
Unless otherwise specified in the invitation, training sessions in Paris take place from 09:30 to 13:00 and from 14:00 to 17:30 with a break in the middle of each half-day. The Training Experts premises welcome Trainees from 09:00 to 18:00.
For training courses held in the regions, the locations, addresses and schedules are indicated on the invitation.
■ Membership and adjournment
To promote the best learning conditions, the number of staff in each training course is limited. This number is determined for each training course according to the objectives and teaching methods.
Registrations are taken into account in the order in which they are received. The issuance of an estimate does not constitute registration. Only quotations duly completed, dated, stamped, signed and marked “Good for agreement”, returned to Experts Formations have contractual value. Once the number of participants has been reached, registrations are closed. Training Experts can then propose to the Trainee to participate in a new session or to be on a waiting list.
In the event that the number of participants is insufficient to ensure the smooth running of a training course, Experts Formations reserves the right to postpone the training at the latest one week before the scheduled date and this without compensation.
■ Quotation and certificate
For each training action, an estimate is sent in triplicate by Training Experts to the Client. Two copies duly completed, dated, stamped, signed and marked “Good for agreement” must be returned to Experts Formations by any means at the Client’s convenience: by post, fax or e-mail.
If necessary, a special agreement may be established between Training Experts, the OPCA or the Client.
At the end of the training, Training Experts provides the trainee with a training certificate; in the case of partial or total coverage by an OPCA, Training Experts sends him a copy of this certificate together with the invoice.
A certificate of attendance for each Trainee may be provided to the Client, upon request.
■ Obligations and force majeure
As part of its training services, Experts Formations is bound by an obligation of means and not of result towards its Clients or its Trainees.
Experts Formations cannot be held liable towards its Clients or Trainees in the event of non-performance of its obligations resulting from a fortuitous event or force majeure. In addition to those usually recognised by case law, the following are considered as fortuitous or force majeure cases: illness or accident of an intervener or an educational manager, strikes or industrial disputes outside Experts Formations, natural disasters, fires, interruption of telecommunications, energy supply or transport of any kind, or any other circumstance beyond the reasonable control of Experts Formations.
■ Intellectual property and copyright
All the presentation sheets, content and teaching materials in any form (paper, electronic, digital, oral, etc.) used by Experts Formations to provide training or given to Trainees are original works and as such are protected by intellectual property and copyright.
As such, the Client and the Trainee agree not to use, transmit, reproduce, exploit or transform all or part of these documents, without the express agreement of Training Experts. This prohibition applies, in particular, to any use made by the Client and the Trainee for the purpose of organising or leading training courses.
■ Training description and program
The contents of the programmes, as they appear on the training presentation sheets, are provided for information purposes only. The instructor or the pedagogical manager reserves the right to modify them according to the current situation, the level of the participants or the dynamics of the group.
■ Confidentiality and communication
Training Experts, the Client and the Trainee undertake to keep confidential any documents and information to which they may have access during the training service or during exchanges prior to registration, in particular all the elements contained in the proposal sent by Training Experts to the Client.
Experts Formations undertakes not to communicate to third parties other than the partners with whom the training is organised and to the OPCA, the information transmitted by the Client, including information concerning the Trainees.
However, the Client agrees to be cited by Experts Formations as a client of its training courses. To this end, the Client authorises Experts Formations to mention its name as well as an objective description of the nature of the services in its lists of references and proposals for its prospects and customers, interviews with third parties, activity reports, as well as in the event of legal, regulatory or accounting provisions requiring it.
■ Protection of and access to personal information
The Client undertakes to inform each Trainee that:
– personal data concerning him/her are collected and processed for the purpose of monitoring the validation of the training and improving the offer of Training Experts.
– In accordance with law n° 78-17 of 6 January 1978, the Trainee has the right to access, modify and rectify personal data concerning him/her.
In particular, Experts Formations will keep the data related to the trainee’s career path and assessment of prior learning, for a period not exceeding the time required to assess the training.
Finally, Experts Formations undertakes to delete at the end of the exercises any image taken by any video means during practical work or simulations.
■ Applicable law and competent jurisdiction
The general conditions detailed in this document are governed by French law. In the event of a dispute arising between the Client and Training Experts during the interpretation of the present contract or the execution of the contract, an amicable solution will be sought. Failing this, the Courts of Paris shall have sole jurisdiction to settle the dispute.