General terms and conditions of sale for training courses

Effective as of 28/10/2024

Aiola Informatique reserves the right to modify or update its general terms and conditions of sale at any time. The applicable general terms and conditions of sale are those available and accessible on the website www.aiola.fr on the day of the order.

1. OBJECT

This document, hereinafter referred to as the “General Terms and Conditions of Sale” (“GTC”), applies to all service offerings provided by AIOLA INFORMATIQUE, hereinafter referred to as “the Company,” and ordered by the Client.

The Training courses concerned include Aiola Informatique’s videoconference training courses (“Inter-company Training”) as well as training courses organized at the Client’s request, either for its own account or for a closed group of clients (“In-house Training”).

2. AVAILABILITY AND ENFORCEABILITY OF THE TERMS AND CONDITIONS

The General Terms and Conditions of Sale (GTC) are available to the Customer on the Aiola Informatique website: www.aiola.fr.

The GTC are binding on the Customer, who acknowledges having read and accepted them before placing an order.

Any conflicting terms and conditions, and in particular any general or specific terms and conditions stipulated by the Customer, shall not prevail over these GTC unless formally accepted in writing by the Company, regardless of when they may have been brought to its attention.
Confirmation of the order constitutes acceptance by the Customer of the GTC in effect on the date of the order, which the Company ensures are stored and can reproduce in accordance with Article 1127-2 of the French Civil Code.

Placing an order implies the Customer’s full and unreserved acceptance of these GTC and their appendix. The Customer guarantees their compliance by all of its employees, agents, and representatives.

The Client acknowledges that, prior to signing the order form, he received sufficient information and advice from the Company to ensure that the service offer was suitable for his needs.

3. REGISTRATION AND ORDER VALIDATION PROCEDURES

Inter-learning courses

The order is considered firm and final when the Customer returns the registration request by one of the following means:

• sending a completed and signed form by the Client by fax or mail;
• sending an email indicating the registration request and containing the Client’s contact details (name, surname, function, address, company name if applicable), as well as the dates, the title of the Training, and the number of participants that the Client wishes to register.

Upon registration, a registration confirmation is sent to the Client, along with a training agreement. This confirmation does not guarantee that the training will take place. The Client must return a copy of the training agreement, stamped with the company seal, to the Company.

To ensure the quality of the training, a minimum and maximum number of participants are defined for each session. The Company commits to not exceeding the specified number.

Upon confirmation of the session, no later than 10 days before the training, the Client will receive a summons and all practical information relating to their training, including the exact schedule and location. The training location indicated in promotional materials is not contractually binding. Depending on room availability, the Company may convene participants at another address within the same geographic area.

At the end of the training, the Company will send the invoice and the certificate of completion to the individuals designated by the Client when placing the order. It is the Client’s responsibility to verify the eligibility of the Training activity.

In-house Learning

All in-house training requests are subject to a pedagogical and financial proposal from the Company.

The Client’s formal acceptance of this proposal must reach the Company at least 21 business days before the date of the first training session. This acceptance constitutes a final order and implies acceptance of the General Terms and Conditions, as well as the confirmed dates and locations of the training.

Following the training, the Company will send the Client: an invoice, a copy of the attendance sheet, and evaluations. When attendance sheets or evaluations are completed on the Client’s own device, the Client agrees to provide them to the Company.

The Company reserves the right to refuse any order for legitimate and non-discriminatory reasons.

4. LEARNING METHODS

The Company is free to use the teaching methods and tools of its choice. It is important to note that the form and content of these teaching tools are governed by the Training Provider in accordance with the rules imposed by our quality certifications.

Participants in training courses held on the Company’s premises are required to comply with the Company’s internal regulations.

If the training takes place off the Company’s premises, participants are required to comply with the internal regulations of the host establishment.

The Company reserves the right to:

• to exclude or suspend without compensation at any time any participant whose behavior is contrary to the internal regulations,
• to refuse any registration from a Customer for legitimate and non-discriminatory reasons, and in particular to refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

5. PRICE

Inter-company learning courses

The price per participant is indicated on each training course description. Prices are also available on the Company’s website and in the current year’s training catalog.

Sales prices are listed in euros excluding VAT or net of VAT, depending on the Client’s legal status. The total amount due by the Client is indicated on the order confirmation.
Registration is made in the name of the individual participant, but the Company’s Client is the contracting organization listed on the registration form and paying for the training.
Our prices are fixed. Any training course or program started is payable in full.

In-house learning

All in-house training will be subject to a prior commercial and financial proposal from the Company.

Unless otherwise agreed with the Company, the Client will be billed separately for the trainer’s meal, travel, and accommodation expenses, as well as the printing and delivery of training materials and any room rental costs.

Unless otherwise specified in the proposal, a minimum deposit of 30% of the total training cost will be paid by the Client upon ordering.

6. CANCELLATION/REPLACEMENT/POSTPONEMENT

Cancellation, modification or postponement initiated by the Client :

• For inter-company learning courses

The cancellation, replacement, and postponement conditions, which must be submitted in writing, are as follows:
Cancellation of an in-person training course will result in a postponement for three months if received before the start of the training.

Under no circumstances will the cancellation fee be deducted from the amount of the professional development contribution.

Participant substitutions are permitted up to one business day before the start of the training, free of charge, upon written notification of the substitute’s name and contact information, provided the replacement meets the training prerequisites.

• For in-house learning

The cancellation, replacement, and postponement conditions, which must be submitted in writing, are as follows:
If this request is received by the Company in writing at least 15 business days before the training date, only the costs already incurred for preparation (including tools, teaching materials, printing and delivery of documentation, preparation by the trainer and the teaching team, room rental, travel, and accommodation) will be invoiced to the Client.

Participant substitutions are permitted at any time, free of charge, upon written notification of the substitute’s name and contact information, provided the training prerequisites are met.

Cancellation, modification or postponement at the initiative of the Company

When the number of participants in a training course is deemed insufficient for pedagogical reasons, the Company reserves the right to cancel the course no later than one week before the scheduled date. Registration fees already paid will then be fully refunded or, at the Client’s discretion, a credit note will be issued.

The Company reserves the right to postpone the training, change the venue, the program content, or the instructors, while maintaining the same pedagogical quality as the original training, if circumstances beyond its control so require.

7. PAYMENT METHODS

Payment of the full price of the training must be made  

• Made to order for professionals
• Upon receipt of the invoice, payment is due 30 days from the end of the month for commercial companies, the State, and local authorities.

Payment must be made by check payable to the Company (bills of exchange not accepted) when the procedure is not electronic. If registering for a training program or cycle, the training must be completed within three months of registration. An invoice will be issued upon completion of each training session in the program or cycle. Fees for support and skills assessment are invoiced with the first training session. If the Client cancels their participation in any of the training sessions in the program or cycle, they will be liable for the cancellation fees associated with the training, as well as the difference between the full list price and the agreed-upon price for the training sessions they attended.
Any payment made after the due dates indicated on the Company’s invoices will incur late payment interest as defined by law and applicable regulations, and a fixed recovery fee of €40.

These amounts are payable without prior notice.

If payment is made by a Skills Development Fund (OPCO), it is the beneficiary’s responsibility to ensure that the payment is successfully processed by the relevant organization. If the OPCO only covers part of the cost, the remaining amount will be invoiced directly to the Client. If the OPCO’s funding agreement is not received by the Company by the first day of training, the Company reserves the right to invoice the Client for the full cost of the training.

8. LIABILITY – COMPENSATION

In the event of liability on the part of the Company towards the Client, the Company shall reimburse the Client for the amount paid for the service provided; this clause constitutes the limit of its liability.

The Company specifies in its programs the initial level (prerequisites) required to participate in each of its training courses under optimal conditions. It is the Client’s responsibility to ensure that any participant registered for an inter-company training course offered by the Company meets the prerequisites indicated in the corresponding training program. Consequently, the Company cannot be held liable for any potential mismatch between the training undertaken and the participants’ initial level.

Under no circumstances shall the Company be liable for indirect damages such as loss of data or files, loss of business, commercial loss, lost profits, or damage to image and reputation.
In all cases, the Company’s liability is excluded in the event of force majeure.

9. CONFIDENTIALITY AND INTELLECTUAL PROPERTY

The Client may only use the Company’s proposals, work, studies, concepts, methods, and tools for the purposes stipulated in the order.

The Company holds all intellectual property rights relating to the training it provides; therefore, all training materials, regardless of their form (paper, digital, oral, etc.), used in connection with the order remain its exclusive property.
The Client is prohibited from using, reproducing, directly or indirectly, in whole or in part, adapting, modifying, translating, representing, marketing, or distributing to its staff members not participating in the Company’s training or to third parties, the course materials or other training resources made available to it without the express written authorization of the Company or its successors in title.

The parties agree to keep confidential all economic, technical, or commercial information and documents concerning the other party to which they may have access during the performance of the contract.

The Client agrees not to compete directly or indirectly with the Training Provider

by transferring or disclosing all or part of the documentation to a competitor of the Training Provider. The Company reserves the right to take legal action against any person who violates this clause.

10. PROTECTION OF PERSONAL DATA

In accordance with applicable European (GDPR) and French regulations, the Company, as data controller, undertakes to handle the personal data of its Clients with the utmost care.

The Company complies with a comprehensive set of obligations and grants its Clients a range of rights regarding their personal data.

The Company’s commitments are detailed in the Privacy and Personal Data Protection Policy document, which is attached to these Terms and Conditions, and which serves as an extension and complement to them. This policy is available on our website at the following address: www.aiola.fr

11. GENERAL PROVISIONS

The invalidity of any clause of these General Terms and Conditions (GTC) does not invalidate the entire GTC.

The temporary non-application of one or more clauses of these GTC by the Company shall not constitute a waiver of its rights under the other clauses of these GTC, which shall remain in full force and effect.

Similarly, the Company’s failure to enforce any of these GTC at any given time shall not be construed as a waiver of its right to enforce such clause subsequently.

The Company is authorized to subcontract all or part of the performance of the services covered by this agreement. All obligations of the Client arising from this agreement shall be solely with respect to the Company, which remains liable to the Client for all obligations arising from this agreement.

The Company is authorized to use the corporate name, trade name and/or trademarks of the Client, and where applicable of the group to which it belongs, as a commercial reference on any medium or on any occasion for marketing and/or advertising purposes without prior authorization from the Client.

12. DISPUTES AND MEDIATION

DISPUTE – CONSUMER MEDIATION (INDIVIDUALS)
In the event of a dispute between the Client and the company, they will endeavor to resolve it amicably (the Client will send a written complaint to the professional or, where applicable, to the professional’s Customer Relations Department).
If an amicable agreement cannot be reached, or if the professional fails to respond within a reasonable period of one (1) month, the Client, as a consumer within the meaning of Article L.133-4 of the French Consumer Code, has the option of contacting, free of charge, the competent mediator listed on the register of mediators established by the Consumer Mediation Evaluation and Control Commission pursuant to Article L.615-1 of the French Consumer Code, namely:

La Société Médiation Professionnelle
www.mediateur-consommation-smp.fr
24 rue Albert de Mun – 33000 Bordeaux

Applicable law

These Terms and Conditions are governed by French law.

Prior claim

In the event of a dispute relating to a training course, the Client agrees to first contact the Company’s Customer Service department at 01 48 73 48 30 (standard rate call from a landline in mainland France), Monday to Friday, excluding public holidays, from 9:00 am to 12:00 pm and from 2:00 pm to 6:00 pm, or by email. (forrmation@aiola.fr)

or by mail to AIOLA INFORMATIQUE – 5bis, avenue Kleber 94130 Nogent sur Marne.

In the event of a dispute, the Parties will make their best efforts to reach an amicable agreement.
This attempt at amicable resolution is a prerequisite to any legal action.

Competent court

In the absence of an amicable agreement within two months of the date of the initial claim, by any means that allows the date of the claim to be established, the party initiating the claim may bring the matter before:

For commercial companies, the Commercial Court of Créteil, notwithstanding multiple defendants or third-party claims, and without any jurisdiction clauses that may exist on the purchasers’ documents preventing the application of this clause.

For liberal professions, public entities, local authorities, and the State, the court of the defendant’s domicile (Article 42 of the Code of Civil Procedure) or the court of the place of actual delivery of the goods or performance of the service (Article 46 of the Code of Civil Procedure).