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Terms & Conditions
Akreator Formations is an adult training organization based at 3, rue de l'Arioste 75016 Paris, France. Akreator Formations develops, offers and delivers in-house and inter-company face-to-face and distance training courses, E-learning and tutored Open Distance Training courses, as well as blended training courses combining face-to-face and ODL and/or E-learning. Akreator Formations supports its customers in the development of their training projects and offers related services (translations, interpreting).
The present General Terms and Conditions of Sale (hereinafter the "GTCS") apply to all Akreator Formations service offers relating to orders placed with Akreator Formations by any professional customer (hereinafter the "Customer"). Placing an order implies the Customer's full and unreserved acceptance of these GTC. Any condition to the contrary, and in particular any general or specific condition opposed by the Customer, shall not prevail over these GTC, unless formally accepted in writing by Akreator Formations, regardless of when it may have been brought to its attention. The fact that Akreator Formations does not avail itself of any of these GTC at a given time shall not be construed as a waiver of its right to do so at a later date. The Customer is responsible for compliance with these GTC by all its employees, servants and agents. The Customer also acknowledges that, prior to placing any order, he/she has received sufficient information and advice from Akreator Formations , enabling him/her to ensure that the Service Offering meets his/her needs.
3. Inter-company training
The provisions of this article apply to long or short inter-company training courses available in the Akreator Formations training catalog and carried out on Akreator Formations' premises or those made available by Akreator Formations.
3.2 Financial terms and conditions
Payment must be made in cash, without discount, to the order of d'Akreator Formations, unless otherwise specified. All prices are quoted exclusive of VAT and are subject to the current rate of VAT.
3.3 Replacing a participant
Akreator Formations offers the possibility of replacing a participant who is unable to attend with another who meets the prerequisites and has the same profile and training needs. Replacement of a participant is possible without compensation up to 7 working days. If the replacement occurs less than 7 working days before the start of the course, Akreator Formations will be entitled to a fixed fee of €50.
3.4 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, Akreator Formations reserves the right to postpone the training at the latest one week before the scheduled date, without compensation.
3.5 Cancellation of inter-company training courses at the Customer's initiative
Inter-company training dates are set by mutual agreement between Akreator Formations and the customer, and are firmly blocked. In the event of late cancellation by the Customer of a jointly planned training session, compensation will be payable under the following conditions:- postponement or cancellation communicated at least 7 working days before the session: no compensation - postponement or cancellation communicated less than 7 days and at least 2 working days before the session: 50% of the fees relating to the session will be invoiced to the Customer - postponement or cancellation communicated less than 2 working days before the session: 100% of the fees relating to the session will be invoiced to the Customer.
4 In-company training courses
The provisions of this article apply to tailor-made intra-company training courses held on the premises of Akreator Formations, the customer or on premises made available by the customer.
4.2 Financial terms and conditions
Akreator Formations will make a prior commercial and financial proposal for all in-company training courses.
4.3 Cancellation of in-company training courses at the Customer's initiative
In the event of late cancellation by the customer of a jointly planned training session, compensation will be payable under the following conditions:- postponement or cancellation communicated at least 2 working days before the session: no compensation;- postponement or cancellation communicated less than 2 working days before the session: 100% of the fees relating to the session will be invoiced to the customer.
5 PROVISIONS COMMON TO ALL TRAINING COURSES
5.1 Contractual documents
For each training course, an agreement drawn up in accordance with the current articles of the French Labor Code is sent in duplicate, one of which must be returned by the customer with the company stamp. The certificate of attendance is sent after the training. A certificate of attendance for each party can be supplied on request.
5.2 Payment by an OPCO
In the event of payment by the Customer's OPCO, it is the Customer's responsibility to apply to the OPCO for reimbursement before the start of training. The financing agreement must be communicated at the time of registration and on the copy of the agreement that the customer returns signed to Akreator Formations. In the event of partial coverage by the OPCO, the difference will be invoiced directly by Akreator Formations to the Customer. If Akreator Formations does not receive the agreement from the OPCA by the first day of training, Akreator Formations reserves the right to invoice the Customer for the full cost of training.
6 Provisions common to all services offered by Akreator Formations
6.1 How to place an Order
The proposal and prices quoted by Akreator Formations are valid for one (1) month from the date the quotation is sent. The offer of services is deemed accepted upon receipt by Akreator Formations of a quotation signed by any duly authorized representative of the Customer, within one (1) month of the issue of said quotation. The signing of the quotation and/or the agreement to the proposal implies knowledge and irrevocable and unreserved acceptance of the present conditions, which may be modified by Akreator Formations at any time, without prior notice, and without this modification giving rise to any right to compensation in favor of the Customer.
All prices are in euros and exclusive of tax. They will be increased by VAT at the current rate. Any taxes, customs or import duties and bank charges incurred by the method of payment used will be borne by the Customer. Travel expenses for the consultant(s) or trainer(s), as well as room rental, documentation and rental of standard equipment (video projector, metaplan, marketing simulation material, etc.) may be invoiced in addition. Akreator Formations is obliged to inform the customer of this in the quotation.
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 of the invoice date;- payment is accepted by cheque, bank or postal transfer;- no discount will be applied in the event of payment before the due date, unless otherwise stated on the invoice. In the event of late payment, Akreator Formations may suspend all orders and training courses in progress and deactivate access to the E-learning module(s), without prejudice to any other course of action. Any sum not paid by the due date shall automatically and without prior notice result in the application of penalties equal to three times the legal interest rate. Akreator Formations shall have the right to suspend the service until full payment has been made, and to obtain payment by legal means at the Customer's expense, without prejudice to any other damages that may be due to Akreator Formations. In accordance with article L 441-6 of the French Commercial Code, any payment made after the due date will give rise to the payment of a fixed indemnity of €40 for collection costs. An additional indemnity may be claimed, with justification, if the collection costs incurred exceed the amount of the fixed indemnity.
6.4 Akreator Formations liability limitations
Akreator Formations cannot be held liable for any technical failure of the equipment, any misuse of the E-learning training module(s) by the Users, or any cause beyond Akreator Formations' control. Whatever the type of service, Akreator Formations' liability is expressly limited to compensation for direct damage proven by the Customer. Akreator Formations' liability is limited to the amount of the price paid by the customer for the service in question. Under no circumstances shall Akreator Formations be held liable for indirect damage such as loss of data or files, operating loss, commercial loss, loss of earnings, damage to image or reputation.
6.5 Force majeure
Akreator Formations shall not be held liable to the Customer in the event of non-performance of its obligations resulting from an event of force majeure. The following are considered to be 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: illness or accident of a consultant or training leader, strikes or labor disputes internal or external to Akreator Formations, natural disasters, fires, failure to obtain visas, work permits or other permits, laws or regulations subsequently put in place, interruption of telecommunications, interruption of energy supply, interruption of communications or transportation of any kind, or any other circumstance beyond the reasonable control of Akreator Formations.
6.5. Intellectual property rights
Akreator Formations is the sole owner of the intellectual property rights of all the training courses it offers its customers. To this end, all content and teaching aids, whatever their form (paper, electronic, digital, oral, etc.) used by Akreator Formations to provide training, remain the exclusive property of Akreator Formations. As such, they may not be used, transformed, reproduced or exploited in any way not expressly authorized within or outside the Customer without the express consent of Akreator Formations. In particular, the Customer shall refrain from using the content of the training courses to train persons other than its own staff, and shall incur liability on the basis of articles L. 122-4 and L. 335-2 et seq. of the French Intellectual Property Code in the event of unauthorized transfer or communication of the content. Any reproduction, representation, modification, publication, transmission, distortion, in whole or in part, of training content, including E-Learning module(s), regardless of the process or medium used, is strictly forbidden. In any case, Akreator Formations remains the owner of its tools, methods and know-how developed prior to or during the execution of services for the Customer.
The parties agree 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 on the occasion of exchanges that took place prior to the conclusion of the contract, in particular all information appearing in the commercial and financial proposal sent by Akreator Formations to the Customer. Akreator Formations undertakes not to communicate to third parties other than its affiliated companies, partners or suppliers, any information transmitted by the Customer, including information concerning Users.
The Customer agrees to be named by Akreator Formations as a customer of its services, at Akreator Formations' expense. Subject to compliance with the provisions of article 6.6, Akreator Formations may mention the Customer's name, logo and an objective description of the nature of the services, subject of the contract, in its reference lists and proposals to prospective customers and clients, in particular on its website, in discussions with third parties, in communications to its staff, in internal management planning documents, in its annual report to shareholders, as well as in the event of legal, regulatory or accounting provisions requiring it.
6.8. Protection of personal data
As the party responsible for processing its staff files, the Customer undertakes to inform each User that :- personal data concerning the User is collected and processed by Akreator Formations for the purposes of carrying out and monitoring the training course;- the User's connection, training course and progress monitoring are data accessible to its services;- in accordance with law no. 78-17 of January 6, 1978, the User has the right to access, modify and rectify personal data concerning him/her, and that to this end, an online request specifying the identity and e-mail address of the requester may be sent to Akreator Formations. The Customer is responsible for the conservation and confidentiality of all data concerning the User to which he has had access. Akreator Formations, for its part, will retain data relating to the evaluation of the User's learning, for a period not exceeding the time required to assess the training.
6.9. Applicable law
Jurisdiction These general terms and conditions are governed by French law. In the event of a dispute arising between the customer and Akreator Formations during the performance of the contract, an amicable solution will be sought. Failing this, the Paris Commercial Court will have jurisdiction.