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 by Client is mentioned on every training program outline. All the fees can be found on the webpage of the Company and in the trainings’ catalogue of the year in question.
- All fees are indicated inclusive of all taxes
- The cycle that has started shall be payable in full by way of compensation, even if the Client was absent.
- Our fees are fixed. In the case of face-to-face training or in the case where a part of the training is conducted face-to-face the fees will include the price of educational material distributed during the training.
- 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
- In writing:
- Within ten days following the signing of the registration form the Client can cancel by registered post. Once the deadline has expired, the Client is obliged to pay to the Company 30 % of the contract price.
- For face-to-face trainings, the replacement of clients is possible at any time without an additional fee through a written notification with names and contact details of the replacing participant.
- For e-learning trainings, the replacement of clients is possible without an additional fee, provided a written notification seven days before the training with names and contact details of replacements.
- If the number of participants is considered insufficient for pedagogical reasons, the Company reserves the right to cancel the trainings at the latest one week before the scheduled date. In this case all registration fees will be fully refunded or, at your choice, the credit note will be issued.
- The Company reserves the right to modify the date and place of the training as well as the content of the program and to replace trainers, while respecting the pedagogical quality, due to circumstances beyond the Company’s control.
- 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 Customer 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.
- In the case of the Company being liable towards the Client, the Company is obliged to refund the amount paid by the Client or the services rendered.
- 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.
- 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.
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