The purpose of these terms and conditions (the “CGV”) is to define the conditions under which Formacity (hereinafter “the Training Organization”) consents to the client,
Buyer, (hereinafter the “Customer”)
who accepts it, training from the training offerings of the Training Organization, hereinafter the “Training”. The client and the Training Organization are respectively individually the “Party” or collectively the “Parties”.
The Customer acknowledges that acceptance of these T&Cs has the consequence of excluding the application of its own terms and conditions (CGV) and its own general conditions of purchase (CGA). Receipt of the registration form by the Client and payment of the invoice issued by the Training Organization implies the Client's full and unreserved acceptance of these General Terms and Conditions, the Client thus acknowledging having perfect knowledge of them.
1.1 The Training Organization offers various types of Training that can be carried out on the premises of the Training Organization or on the premises of the Client (hereinafter “Intra Training”).
It is understood that the term “Training” alone concerns each of the aforementioned types of Training. Training can be carried out on behalf of a Client, and tailor-made if necessary (hereinafter “Intra Training”), or on behalf of several Clients (hereinafter “Inter Training”).1.2 It is understood that for intra-Training, if a significant request for adjustment is made to the content of a Training requiring additional preparation time on the part of the Training Organization, additional costs may be invoiced.
1.3 The training courses offered can be consulted on the website of the Training Organization on https://formacity.fr
2.1 The request for registration for inter training can be made by the Client and by one of the following means :
• Sending by mail or email a bulletin completed and signed by the Customer;2.2 For each Training provided by the Training Organization, a minimum and maximum number of participants is admitted; registrations for the session cease to be accepted when the maximum number is reached.
2.3 No later than ten (10) days before the scheduled date of the Training, the Client will receive confirmation of their registration and practical information. By registering, the Customer declares to be fully aware of and accepts the corresponding pricing conditions, as well as these General Terms and Conditions.
2.4 For intra-Training orders, a request specifying the terms of the order must be sent by the Customer (by telephone, e-mail, or mail) to the Training Organization. The Training Organization will establish, where applicable with the collaboration of the Client, a commercial proposal and the corresponding financial conditions.
Receipt by the Training Organization of the “good for agreement” from the Client on the Commercial Proposal or on the quote previously submitted, will constitute acceptance of its terms by the latter as well as acceptance of these General Terms and Conditions.
3.1 The Training Organization is free to use the educational methods and tools of its choice; it is recalled that the form and content of the educational tools are governed by the Training Organization.
3.2 One day of training corresponds to seven (7) hours of lessons. Training durations vary depending on the training programs and are specified in the Training Organization's communication documents.
For the quality of the training, the Client undertakes not to exceed the number of participants planned when confirming the registration referred to in point 2.1 above, addressed to the Training Organization. One or more additional participants may however be accepted, subject to the approval of the Training Organization, depending in particular on the maximum number of participants referred to in article 2.1, and regularization of invoicing under the pricing conditions provided for the Training in question.
3.3 In-house training can be provided in the Client's premises, and with the logistical means it provides (a video projector, a computer and a flipchart will be required at a minimum), or in the premises of the Training Organization.
Unless previously agreed with the training organization, in the event of intra-training, the costs of meals, travel and accommodation of the speaker, if applicable, will be invoiced to the Client in addition.
The Training Organization will take care of the reproduction and delivery of educational documents to the Training location.
3.4 Participants in the Training carried out on the premises of the Training Organization are required to respect the internal regulations of the Training Organization (For example: bringing alcoholic beverages into the premises of the organization).
3.5 The Training Organization will send the Client all documents (convocation, nature and title, and duration of the Training, certificate of participation if applicable, and the related invoices) relating to the Training by e-mail or by post to the address provided by the Client.
4.1 The pricing conditions for Training are indicated on the registration form or online for inter Training, or on the Proposal referred to in article 2.2 above for intra Training. The prices of the Training courses are indicated NET, (exemption from VAT art. 261 4-4° of the CGI).
4.2 Any Training started is due in full.
4.3 Invoices are payable upon receipt of the invoice or according to the agreed schedule, if applicable - by check, bank transfer or by credit card for training purchased online (in particular through the site https://formacity.fr).
4.4 In the event of late payment, penalties equal to three (3) times the legal interest rate in force on the date of the order will be automatically payable without a reminder being necessary as well as a fixed compensation for recovery costs in the amount of forty (40) Euros. In addition, any subsequent payment, whatever the cause, will be attributed immediately and in priority to the extinction of the oldest debt.
4.5 Furthermore, in the event of late payment, the Training Organization reserves the right to refuse any new order and to suspend the execution of its own obligations until the account is cleared, without incurring liability and without the Customer being able to claim to benefit from a credit or a possible reimbursement. The limitation period for the recovery of any sum owed to the Training Organization runs from the date of issue of the invoice concerned.
4.6 If payment for Training is taken over by an external organization (OPCO), it is up to the Client :
• to make a request for support before the start of the Training and to ensure the successful completion of this request;
• to indicate this explicitly on their registration form;
• to ensure the successful completion of payment by the organization it has designated.
The Training Organization will send the training agreement to the OPCO. In the event of partial coverage of the OPCO, the remainder will be invoiced directly to the Customer.
4.7 If the OPCO does not confirm financial support for the Training or the Training Organization has not received support from the OPCO on the first day of the Training, the cost of the Training will be invoiced in full to the Client.
4.8 In the event of non-payment by the OPCO of the Training costs, possibly increased by late payment penalties, for whatever reason, the Client will be informed in advance by any means by the Training Organization and will be liable for the entire cost of the Training.
4.9 For certain Training, and in particular (but not only) intra-Training, the Training Organization reserves the right to request a deposit.
5.1 Any certified training started is due in its entirety.
5.2 The Training Organization reserves the right to issue an invoice at the end of each training module or to issue a global invoice at the end of the certification course.
6.1 Any cancellation or postponement must be made as soon as possible and in writing by the Customer (mail, fax or e-mail including an electronic acknowledgment of receipt). A cancellation occurring 10 calendar days or more than 10 days before the start of the training will not incur any cancellation fees.
• A cancellation occurring less than 10 days to 3 calendar days before the start of the training will result in an invoicing equal to 50% of the amount of the course as fixed compensation.
• Training canceled less than 3 calendar days before the start of the training will be due in full as fixed compensation.
It is specified that the amounts thus invoiced cannot be charged to continuing professional training.
The 14-day withdrawal period applies to contracts concluded remotely, particularly for online purchases and payments for our training courses.
6.2 The Training Organization reserves the right to postpone a Training, subject to informing the Client in advance and proposing a new date for the Training. It is understood that in the event of cancellation due to the absence or failure of the trainer, the Training Organization undertakes to ensure that the defaulting trainer is replaced as soon as possible by a person with equivalent technical skills and qualifications, and ensures that the change of trainer does not interrupt the smooth running of the Training provision or undertakes to postpone it as soon as possible.
6.3 The Training Organization reserves the right to cancel a Training session up to ten (10) days before the scheduled date without proposing a new date. In this case, the Training in question will not be invoiced to the Client, and the Training Organization will reimburse any amount already received for this purpose if applicable, to the exclusion of any other cost.
7.1 The Training Organization may be required to provide the Client with Documentation relating to the training session. All or part of this Documentation may be sent to the Client by email to the address indicated by the Client and/or during the Training.
7.2 The Documentation, in its entirety or in extracts, and any possible media provided or printed as part of a Training cannot in any way be the subject, even partially, of reproduction, representation, loan, exchange or transfer, of total or partial extraction of data and/or transfer to another medium, of modification, adaptation, arrangement or transformation without the prior and express agreement of the Training Organization. Only a right of use, to the exclusion of any other transfer of property rights of any kind whatsoever, is granted to the Customer. Only the reproduction and representation of the content authorized by the Intellectual Property Code on a screen and a single paper copy for archive purposes or use in the strict extension of the Training, for the strictly personal benefit of the participant concerned, are therefore authorized.
7.3 The Client undertakes not to directly or indirectly compete with the Training Organization by transferring or communicating all or part of the Documentation to a competitor of the Training Organization.
7.4 The Training Organization reserves the right to pursue any person who contravenes this clause.
9.1 The Training offered by the Training Organization complies with their description in the catalog or their commercial documentation. It is up to the Customer to prove any possible non-compliance.
9.2 The Client is solely responsible for the consultation and choice of training provided by the Training Organization.
9.3 The responsibility of the Training Organization can only be incurred in the event of proven fault or negligence and will be limited to direct damage suffered by the Client, to the exclusion of any indirect damage of any nature whatsoever and in particular any loss of opportunity, goodwill, results, exploitation, commercial damage or loss of data and/or files. In any event, in the event that the Training Organization is held responsible, the total amount of any sum charged to the Training Organization may not exceed the total amount of the price paid by the Client for the Training concerned.
10.1 Any Training order will be the subject of a computer recording accessible by the Client upon simple request to the address mentioned in article 8.
10.2 In accordance with Law 78-17 “Informatique et Libertés” of January 6, 1978 as amended, the Customer has a right of access, rectification and opposition to the personal data processed concerning them. If the Client wishes to exercise this right and obtain communication of information concerning him, the Training Organization will communicate it to him upon simple written request to the address mentioned in article 8.
10.3 In accordance with current regulations, any request addressed to the Training Organization under this article must be signed, and the address to which the Training Organization must respond must be specified. The response will be sent to the Customer within 2 months following receipt of the request.
11.1 The General Terms and Conditions are available online. They may be modified at any time at the discretion of the Training Organization, with immediate application. Only the latest version posted online will be applicable.
11.2 The Training Organization is authorized to use the corporate name, commercial name and/or brands of the Client, and where applicable the group of which it is a part, as a commercial reference on any medium or on any occasion for marketing and/or advertising purposes without prior authorization from the Client.
11.3 In the context of the execution hereof, the Parties carry out and will carry out their activities independently without, in particular, this being able to be interpreted as creating between them a relationship of subordination or a de facto partnership.
11.4 These General Terms and Conditions are governed by French law. Any dispute relating to its execution or interpretation will fall under the exclusive jurisdiction of the Paris Commercial Court, even in the event of summary proceedings, warranty claims or multiple defendants.
No sanction may be imposed on the trainee without him being informed at the same time and in writing of the grievances held against him. When the training organization considers taking a sanction, it summons the trainee by registered letter with acknowledgment of receipt or delivered to the person concerned against discharge, indicating the purpose of the summons, the date, time and place of the interview, unless the envisaged sanction has no impact on the trainee's presence for the rest of the training.
During the interview, the trainee has the possibility of being assisted by a person of his choice, trainee or employee of the training organization. The summons mentioned in the previous article mentions this option. During the interview, the reason for the planned sanction is indicated to the trainee: he or she then has the opportunity to give any explanation or justification for the facts with which he or she is accused.
When a precautionary measure of temporary exclusion with immediate effect is considered essential by the training organization, no definitive sanction relating to the wrongful conduct at the origin of this exclusion can be taken without the trainee having first been informed of the grievances held against him and, possibly, having been summoned to an interview and having had the opportunity to explain himself before a Disciplinary Committee.
The sanction cannot take place less than one clear day nor more than 15 days after the interview or, where applicable, after advice from the Disciplinary Commission. It is the subject of a written and reasoned notification to the trainee in the form of a registered letter, or a letter delivered against discharge. The training organization simultaneously informs the employer, and possibly the joint body covering the training costs, of the sanction taken.
When an internship lasts more than 500 hours, a titular delegate and a substitute delegate are elected by two-round single-member ballot. All trainees are eligible to vote and are eligible, except prisoners admitted to participate in professional training.
The training organization organizes the vote which takes place during training hours, no earlier than 8 p.m., no later than 40 hours after the start of the course. If it is impossible to designate the trainee representatives, the training organization draws up a report of deficiency which it transmits to the territorially competent regional prefect.
Delegates are elected for the duration of the training. Their functions end when they cease, for whatever reason, to participate in the training.
If the titular delegate and the alternate delegate have ceased their functions before the end of the training session, a new election is carried out under the conditions provided for in articles R.6352-9 to R.6352-12.
The trainee representatives make any suggestions to improve the progress of the internships and the living conditions of the trainees in the training organization. They present all individual or collective complaints relating to these matters, health and safety conditions and the application of the internal regulations.
Preventing the risk of accidents and illnesses is imperative and requires everyone to fully comply with all applicable health and safety regulations. To this end, the general and specific safety instructions in force in the organization, where they exist, must be strictly respected under penalty of disciplinary sanctions.
When training takes place on the company site, the general and specific safety instructions applicable are those of the training organization.
A copy of these regulations is given to each trainee before final registration.
In the case of inter-company training, trainees must go to the training site located at 17 Passage du Ponceau 75002 Paris. The teacher will wait for the trainees at the training location.
In the case of intra-company training, the trainer will go directly to the premises of the company concerned. The training will take place: under the supervision of an approved teacher, with as material: a training booklet, a copy of which is provided to each trainee, as well as audiovisual support on which the teacher will base his lessons. Following said training, a training certificate will be provided to each trainee.
▶ I am the owner of the professional certification concerned or I have the written consent of its owner
▶ I do everything possible to ensure that the learner who has completed certification training within my organization is able to pass their certification
Whatever the communication medium (website, mailing, telephone canvassing, displays, etc.), prohibiting me from attracting or misleading the consumer by:
▶ Demonstration of alleged free provision of all or part of the service
▶ Highlighting customer gifts (e.g. computer, tablet, etc.)
▶ Non-compliance with the rules for using the MonCompteFormation brand, charter or logo, in particular through exploitation unrelated to an offer clearly identified and actually eligible for the CPF
▶ The usurpation of any representation of public authorities (Marianne, ministerial logo, etc.) or any other institutional sign or symbol with the sole aim of creating ambiguity about my real identity
Whatever its purpose and in particular:
▶ I prohibit myself, and prohibit all my partners, from any aggressive or misleading commercial canvassing practices;
▶ I prohibit my subcontractor from using subcontracting itself.
As part of a fully or partially distance learning training action, I guarantee:
▶ Appropriate technical and educational assistance to support the beneficiary throughout their journey;
▶ Information from the beneficiary on the educational activities to be carried out remotely and their average duration;
▶ Evaluations which mark or conclude the training action.
