For companies or local authorities
- This document, hereinafter “General Terms and Conditions of Sale” (“GTCS”), applies to all training offers made by the Company, a subsidiary of the ABILWAYS group and constituting an order by the Customer, namely face-to-face and e-learning training, corresponding to training modules in a secure electronic environment, in e-learning mode (or Open and Distance Learning - ODL), accessible from its platform.
- The order is considered firm and definitive when the customer returns, by any means, the signed registration form signed (fax, electronically, post). For each training course, the Customer receives two copies of the training contract, one copy of which must be returned to us signed and bearing the Customer’s business stamp.
- The act of placing an order implies the Customer’s full and unconditional acceptance of these GTCS and their appendix, the Customer guaranteeing that they will be complied with by all its employees, representatives and agents.
- The Customer acknowledges in this respect that, before signing the order form, it was given sufficient information and advice by the Company, thereby enabling it to ensure that the service offer matched its requirements.
- The Company reserves the right to revise these general terms and conditions at any time, the new terms and conditions applying to any new order, regardless of how long relations have existed between the Company and the Customer.
- The price per participant is indicated on each training sheet. Prices can also be consulted on the Company’s website and in the current year’s training catalogue.
- Registration is made in the name of the natural person (participant) but the Company’s Customer is the firm or institution (contracting party) as indicated on the registration form and which will be paying for the training.
- All prices shown are in Euros, excluding VAT, and so VAT at the rate applicable at the date of registration needs to be added.
- Any training session or any cycle that has been started must be fully paid for by way of compensation, even if the participant did not attend.
- Our price is a package price. For face-to-face training, or cycles including part face-to-face training, prices include the training documentation provided at the sessions.
- Payment of the entire price of the training must be made on registration, or on receipt of the invoice, in cash, with no discount, by transfer unless other specific requirements.
- Any payment after the due dates indicated on the Company’s invoices will give rise to the application of late payment penalties equal to 3 times the legal rate of interest in force and to a fixed charge of €40. They are payable without need of formal notice.
- The Company reserves the right:
- to exclude the participant from the training if the Customer has not sent its order form to the Company before the start of the training;
- to exclude from any face-to-face training, and this at any time, any participant whose behaviour interferes with the smooth running of the training and/or is in serious breach of these GTCS;
- to suspend from access to an e-learning training module, any participant who makes false declarations on registration; in this case no repayment is made;
- to refuse any registration on the part of a Customer for a legitimate and non-discriminatory reason, and specifically to refuse any order from a Customer when there has been a dispute regarding the payment of a previous order.
CANCELLATIONS / REPLACEMENTS / POSTPONEMENTS
Communicated in writing:
- cancellation of face-to-face training sessions gives rise to a refund or a credit note for the full amount if it is received fifteen days at the latest before the start of the training. Received later than this, the contribution amount withheld, as flat-rate compensation, will be 30 % if cancellation is received 10 days inclusive before the start of the training, 50 % if it is received less than 10 days before the start of the training or 100 % if the Company receives cancellation less than three days before the start date. However, if concomitantly with the cancellation, the participant registers for another training session scheduled in the same year as the initial one was, no flat-rate compensation fee will be withheld, unless this new registration is cancelled, regardless of when:
- e-learning training cancellations, even if they include a face-to-face session, are subject to a compensation fee corresponding to the registration cost of that training.
- the retraction fee can in no way be charged to the amount of the participation in the development of vocational training.
- For face-to-face training, replacement participants are accepted at any time, free of charge. The names and details of the replacements must be communicated in writing.
- For e-learning training, replacement participants are accepted, free of charge, on the condition that the Company is informed seven days in advance. The names and details of the replacements must be communicated in writing. Failing which, a compensation fee corresponding to the registration cost for that training will be due to the Company.
- If the number of participants on a training programme is deemed insufficient for teaching reasons, the Company reserves the right to cancel that training at the latest one week before the scheduled date. Registration fees already paid will be refunded in full, or if preferred, a credit note will be issued.
- The Company reserves the right to postpone training, to change the location where it is to be held, the programme content or the trainers, while maintaining the same quality of the initial session if circumstances beyond its control make it necessary.
- For “e-learning” product orders, the special conditions for access to the modules, together with their features, are set out in the “SPECIFIC E-LEARNING TERMS AND CONDITIONS” which are included in a separate document.
The latest versions of the document are available on the Company’s website.
- Adherence to the Specific Terms and Conditions implies adherence to these GTCS.
LIABILITY - INDEMNITIES
- The employer – or the participant, as the case may be – undertakes to subscribe to and maintain, in case the need should arise and for the duration of the training, liability insurance coverage for direct and indirect physical injury, material damage, consequential damage which could be caused by its actions or those of its employees, prejudicing the Company. It also undertakes to subscribe to and maintain liability insurance also specifying the Company as an insured for all actions that could have an adverse effect on third parties which might be caused by the participant and containing a waiver of defence clause so that the Company cannot be involved or pursued.
- The Company’s liability towards the Customer is limited to the compensation of direct damage proven by the Customer and is in any case limited to the amount paid by the Customer for the service provided.
- In no way can the Company be held liable for indirect damage such as losses of data, files, operating loss, commercial damage, loss of earnings or damage to image and reputation.
- In any event, the Company’s liability is excluded in the case of force majeure.
CONFIDENTIALITY AND INTELLECTUAL PROPERTY
- The Customer can only use the Company’s proposals, work, studies and concepts, methods and tools for the purposes stipulated in the order.
- The Company is sole owner of the intellectual rights relating to the training it dispenses; hence, all the teaching aids, in whatever form (hard-copy, digital, oral…) used within the framework of the order remain its exclusive property.
- The Customer undertakes not to use, reproduce, directly or indirectly, in whole or in part, to adapt, modify, translate, represent, commercialise or disseminate to members of its staff who do not attend the Company’s training or to third parties the course aids or other teaching resources made available without the express written consent of the Company or its eligible persons.
- The parties undertake to keep confidential the information and documents of a business-related, technical or commercial nature regarding the other party, to which they might have access during the execution of the contract.
- The Customer accepts being quoted by the Company as a Customer of the service offer in the context of its commercial activity, at the Company’s expense.
- To this end and subject to compliance with the provisions of article 7 above, the Company can mention the name of the Customer, together with an objective description of the nature of the services, in the list of its references used for both external and internal communications.
- In accordance with article 6 of Act n° 78-17 of 6 January 1978 related to the protection of personal data, as modified by Act n° 2004-801 of 6 August 2004, the Company processes personal data in order to manage registrations. The information requested of you is needed to deal with your registration and is used by departments within the Company. You can access this information and ask the Company to rectify it, via an online request (email@example.com) or by post to: EFE Luxembourg – 7 route d’Esch – L1470 Luxemburg.
- Our addresses may be exchanged, sold or rented to other Companies for commercial prospection purposes. You can oppose the communication of this data, as indicated above.
CONTEST AND DISPUTES
- Any dispute which has not been settled amicably will be subject to Luxemburg law and brought before the Commercial Court of Luxemburg.
EFE LUXEMBOURG – 7 route d’Esch – L1470 Luxembourg
Tél. : +32 (0)2 533 10 20
Fax : +32 (0)2 534 89 81
E-mail : firstname.lastname@example.org
Site : http://www.ifebenelux.com