The CFA ESCC Business School, hereinafter referred to as "the Provider", is a professional training organization registered under number 11756558475 with the Prefect of the Ile de France region, and whose head office is located at 118 rue de l'abbé Groult, 75015 PARIS.
- CFA ESCC Business School develops, offers and delivers inter and intra distance learning courses.
- All services provided by CFA ESCC Business School are hereinafter referred to as the "Service Offer".
Object
These general terms and conditions of sale (hereinafter referred to as the "GTC") apply to all Offers of services relating to agreements made with the Service Provider by any professional or private customer (hereinafter referred to as "the Customer").
- The signing of an agreement implies the Customer's full and unreserved acceptance of these GTC. The Customer is responsible for compliance with these GCS by all employees, agents and himself.
- The Customer also acknowledges that, having familiarized himself with the content of the training course and having signed an agreement, he has received sufficient information and advice from the Service Provider to enable him to ensure that the Service Offering is suited to his needs.
- Signature of the agreement constitutes an order form and acceptance of the general terms and conditions of sale.
General provisions
The customer undertakes to give his staff every facility to enable them to follow the training courses organized on his behalf in the best possible conditions. He must ensure that the trainees chosen by him meet the prerequisites indicated on the training program and, in the event of a disability of his employee, to have informed the CFA ESCC Business School in advance of the agreement, so that the latter can do everything possible to accommodate the trainee or redirect him to a competent structure. Trainee attendance is checked by initialling the attendance sheet. This document will be sent to the company at the end of the course or cycle. The Provider declines all responsibility for the consequences of unjustified absenteeism.
Any course or cycle begun must be paid for in full.
Contractual documents
For each training course, the customer receives a training agreement. All registrations are considered final upon receipt of the training agreement, duly signed and stamped by the company.
A certificate of attendance and an end-of-course certificate will be issued to the trainee by post at the end of each course.
If the Customer is a person who has undertaken the said training action on an individual basis and at his/her own expense, an individual agreement will be drawn up. In this case only, the Customer has a cooling-off period of ten days from signature of the agreement to withdraw by registered letter with acknowledgement of receipt sent to the Service Provider.
Payment by an OPCO (subrogation)
In the case of payment by the customer's OPCO, it is the customer's responsibility to apply for reimbursement before the start of the training course.
The financing agreement must be communicated when the agreement is signed. In the event of partial coverage by the OPCO, the difference will be billed directly to the customer.
In the event of refusal or default by the OPCO, the customer remains liable for all sums due. If the OPCO's agreement to cover the costs does not reach the Service Provider 15 days before the start of the training course, the Service Provider reserves the right to invoice the Customer for the full cost of the training.
Cancellation and postponement conditions
Cancellation of training courses at the customer's initiative
All cancellations must be confirmed in writing.
Training dates are set by mutual agreement between the Service Provider and the Customer. In the event of postponement or cancellation by the Customer, compensation is payable as follows:
- Postponement or cancellation communicated at least 30 working days before the session: no compensation,
- Postponement or cancellation communicated less than 30 days and at least 15 working days before the session: 30% of the fees relating to the session will be invoiced to the customer,
- Postponement or cancellation notified less than 15 working days before the session: 70% of the session fee will be billed to the customer,
- Cancellation or withdrawal within 7 days before the start of the course: 100% of the session fees will be billed to the client.
- The invoice will then be issued and will not have the value of an agreement.
Replacement
The Service Provider offers the possibility of replacing a participant who is unable to attend by another participant with the same profile and training needs, up to 7 working days before the start of the first day of training. In this case, it is the customer's responsibility to make the necessary arrangements with their OPCO to cover the cost of the training.
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, the Provider reserves the right to postpone the training at the latest one week before the scheduled date, without compensation, except in exceptional cases (insufficient numbers the day before for the following day for serious reasons).
Billing
All prices include VAT.
All invoices are payable on receipt, without discount, if payment is not received before the training date for a justified reason. Payment should be made by cheque to the order of the Provider (CFA ESCC Business School).
Late payment penalties: in accordance with article L 441-6 of the French Commercial Code, late payment penalties are due for failure to pay on the day following the due date shown on the invoice, as well as a fixed indemnity for collection costs of €40; the amount will be revised if the costs incurred are higher. The interest rate for late payment penalties is the rate applied by the ECB plus 10 points.
- Invoices are sent to companies and OPCOs (subrogation) on completion of training.
- Meals are not included in the course fee and are the responsibility of the participant.
Liability
The Service Provider cannot be held liable for any technical failure of the equipment, any misuse of the training courses and services provided as part of the Service Offer by the Customer and users, or any cause beyond the control of the Service Provider. Nor can the Service Provider be held liable for any immaterial or indirect damage such as loss of data or files, loss of income, operating loss, commercial loss, loss of earnings, damage to image, brand or reputation.
By express agreement, the Service Provider's obligation is an obligation of means, and whatever the type of service, the Service Provider's liability is expressly limited to compensation for direct damage proven by the Customer and capped at the amount of the price paid by the Customer for the service in question. For the duration of the training course, the Customer remains civilly liable for the trainees taking part.
Intellectual property
The media and documents provided by the Service Provider in the course of the services provided as part of its Service Offering are included in the participation fees, unless otherwise agreed with the Customer at the time of the agreement.
The Service Provider and/or its trainers are the sole owners of the intellectual property rights of all the Services offered to Customers. To this end, all content and teaching aids used by the Service Provider and/or its trainers to deliver the training courses remain their exclusive property. Neither the Customer nor the Trainee acquires the right to reproduce, communicate, translate or arrange, modify, disseminate, distribute and exploit these elements, directly or indirectly, in any medium whatsoever, on any grounds whatsoever and without this being exhaustive. Neither the Customer nor the Trainee may use the course materials received other than for personal study purposes. They must not remove, conceal or modify any copyright, trademark or other intellectual property rights.
The customer accepts the above provisions and undertakes to ensure that they are complied with by his entire workforce.
Privacy
The parties undertake to keep confidential all information and documents concerning the other party, of any nature whatsoever, whether economic, technical or commercial, to which they may have access during the performance of the contract or during exchanges that took place prior to the conclusion of the agreement, in particular all information contained in the commercial and financial proposal sent by the Service Provider to the Customer.
RGPD
In accordance with the new General Data Protection Regulation, we are committed to protecting your personal data to the best of our ability and to complying with the applicable European and French regulations. In the course of our business, we call on service providers and OPCOs to whom we transmit data, but only for the purposes of carrying out the training action. We require our subcontractors and OPCOs to comply with current legislation and our instructions.
The signatory of the agreement ensures that the persons concerned agree to the transmission of their personal data.
By signing the agreement, you are deemed to have accepted that the information entered will be used, exploited and processed within the framework of a commercial relationship.
Communication
Subject to compliance with the provisions of the "Confidentiality" article, the Customer agrees to be cited by the Service Provider as a customer of its Service Offers.
Disputes
In the event of a dispute between the Customer and the Service Provider, an amicable solution will be sought and, failing this, the dispute will be settled by the competent court at the Service Provider's head office.