General terms and conditions of sale
TERMS AND CONDITIONS OF AIVANCITY EXECUTIVE EDUCATION
aivancity reserves the right to modify or update its terms and conditions of sale at any time. The general terms and conditions applicable on the day of the order can be consulted on the www.aivancity.ai website.
ARTICLE 1: DEFINITIONS
aivancity: aivancity SAS, a company with a mission, acting as part of its continuing education activity under the name aivancity School for Technology, Business & Society Paris-Cachan.
Client: aivancity’s co-contractor
Contract: professional training agreement concluded between aivancity and the Client. This agreement may take the form of a contract in due form, a purchase order issued by the Client and validated by aivancity or an invoice established for the realization of the professional training actions.
Inter-company training: catalog training carried out on aivancity's premises or in premises made available to it by any third party and/or remotely.
Intra-company training: training made to measure on behalf of the Client, carried out on the Client's premises, aivancity's premises, those of any third party and/or at a distance.
ARTICLE 2: PRESENTATION
aivancity Executive Education is a professional training organization whose head office is located at aivancity School for Technology, Business & Society, 57 Av. du Président Wilson, 94230 Cachan, France – Siret number 88343992900018 – Intracommunity VAT number FR51883439929 .Represented by its President Tawhid CHTIOUI. It develops, proposes and organizes inter and intra-company training courses, delivered face-to-face, distance learning or mixed (combining both face-to-face and distance learning). These trainings are diploma, certifying or qualifying courses.
ARTICLE 3: PURPOSE
The present general terms and conditions of sale apply to all orders concerning training courses organized by aivancity. The fact of placing an order, in particular by sending a registration form, an e-mail or a letter of registration request, an order form or an agreement, implies the Client's full and unreserved adherence to the present general conditions of sale, which prevail over any other document of the Client, and in particular over any general conditions of purchase. No waiver of these General Terms and Conditions is opposable to aivancity if it has not been expressly accepted in writing by aivancity. In order to constantly improve its programs, aivancity reserves the right, at any time, to change the speaker, the course, the schedule or to make any modifications to the program.
ARTICLE 4: APPLICATION OF THE GENERAL CONDITIONS OF SALE OF TRAINING SERVICES - DURATION
The present General Terms of Sale are applicable to any training order placed by a Client with aivancity, whether for “inter-company” or “intra-company” training. In the same way, the simple fact of attending, in person or by one of its employees, a training session implies the Client's full and unreserved adherence to the present General Terms and Conditions of Sale for the duration of the contractual relations related to the training sessions. Thus, placing an order or attending a training session implies the Client’s express and unreserved acceptance of these General Terms and Conditions of Sale, which shall prevail over all other conditions. These can only be modified by a written document signed by the Client and a duly authorized aivancity representative.
ARTICLE 5: CONTRACTUAL DOCUMENTS
The Contract will specify the title of the training course, its nature, duration, number of participants, the terms and conditions of its implementation and the certification of the training course, as well as its price and any financial contributions from public bodies. All Agreements will be drawn up in accordance with the legal and regulatory provisions in force and, more specifically, with Articles L6353-1 and L6353-2 of the French Labor Code.
ARTICLE 6: REGISTRATION
Candidates may submit their application or registration request via the aivancity admissions platform or by e-mail to the address indicated on the website or by contacting directly the person in charge of the aivancity Executive Education offer. If the application or registration request is accepted, a confirmation of registration (contract or agreement) is sent to the Client by mail or e-mail.
The validation of the registration for a training course guaranteeing a place in the promotion is effective upon receipt of the order form (or the registration form for the short training course) duly completed and signed. The terms of payment of the training fees are set out in the contract or agreement. aivancity must be informed of the specific terms and conditions for paying training fees at the time of registration (particularly concerning the methods of justification of the action). And, in any case, before the start of the training. The same applies to the terms of payment practiced by the Client.
ARTICLE 7: RECIPROCAL OBLIGATIONS
aivancity is committed to providing training with reasonable care and diligence. As an intellectual service, aivancity is bound only by an obligation of means. Consequently, aivancity shall be liable only for direct damages resulting from the improper execution of its training services, to the exclusion of any immaterial or indirect damage, whether consequential or not. In all cases, aivancity’s overall liability, for or in connection with the training, shall be limited to the total price of the training.
The Client agrees to pay the price of the training and not to use audio or video recording equipment during the training sessions without aivancity’s prior written consent.
ARTICLE 8: WITHDRAWAL - CANCELLATION OR POSTPONEMENT BY THE CUSTOMER
Any training or cycle started is due in full, unless otherwise expressly agreed by aivancity.
Any cancellation of a training course at the Client’s initiative must be communicated in writing at least fifteen (15) calendar days before the beginning of the training course. In this case, no amount will be charged to the Client. However, in the event that the Client would have benefited from training days, their amount, calculated on a pro rata temporis basis for the entire training, would be due by the Client. Failing this, 100% of the amount of the training will remain immediately payable as a lump-sum indemnity.
ARTICLE 9: CANCELLATION OR POSTPONEMENT DUE TO AIVANCITY
In the event that the number of participants in a training course is deemed insufficient for educational reasons, aivancity reserves the right to postpone or cancel planned training courses without compensation. In this case, the Client will be notified as soon as possible of such cancellation or postponement. No indemnity will be paid to the Client and, in any case, the travel and accommodation booking expenses incurred before obtaining the invitation will not be refunded. Exceptionally and in case of force majeure, aivancity reserves the right to replace the participants initially planned to ensure the training by others, guaranteeing a training of identical quality. In case of partial completion of the training due to aivancity, the invoicing will be prorated to the hours completed.
In case of modification of the program or schedule of the training(s), as well as in case of cancellation of the training(s), aivancity undertakes to inform the Customers having ordered these training(s), or directly the participants in these training(s) designated by the Client previously registered at least 7 days before the beginning of the training(s) concerned.
ARTICLE 10: “HAPPY OR REFUNDED” GUARANTEE
aivancity can offer a “Money back guarantee” on its training courses. To be valid, the guarantee must be specified at the time of the order. The Money back guarantee aims to warrant the effectiveness of the training ordered by the customer. In other words, it protects the client against the contingency that the training will not produce the expected benefits. If the Client attends beyond the first half-day (for short training courses of 3 days) or beyond the first day (for training courses of more than 3 days), he waives the refund clause.
If the Client has started the training, within the limits specified above, and it does not suit him, he may request a full refund. To do so, he will have to send a simple e-mail to the person in charge of the offer or program, specifying the reasons for his dissatisfaction and he will be reimbursed within a maximum of 30 days.
ARTICLE 11: PRICE
All our prices are indicated in euros and excluding taxes. They must be increased by VAT at the current rate. The possible taxes, customs or import duties as well as all bank charges caused by the method of payment chosen by the Client will be charged to him.
The price invoiced by aivancity includes the provision of the training service in accordance with aivancity’s quality requirements (infrastructure, course support, teaching means).
Meal expenses, as well as travel and accommodation expenses of the training participants are not included in the price of the training service, unless otherwise specified.
In the case of financing by a private individual, a deposit of 30% of the order amount is requested at the time of registration (50% for short training). During study trips, travel expenses and meals (except in special cases) are not included in the cost of the training.
The terms of payment of invoices are thirty (30) calendar days from the date of issue of the invoice, without discount and payable to aivancity.
In case of late payment, aivancity may refuse access to the training and any e-learning training module, without prejudice to any other course of action. The curriculum certificate or diploma will only be issued after full payment for the training. In the event of a change in the terms and conditions for financing the training, the training contract will be amended. Any sum not paid on the due date will give rise to the payment by the Client of late payment penalties equal to the interest rate applied by the European Central Bank to its most recent refinancing operation (minimum 0%) plus 10 percentage points. These penalties shall be payable by operation of law, without prior notice of default, from the first day of delay in payment in relation to the due date for payment. In addition, in accordance with the legal and regulatory provisions in force, any sum not paid on the due date shall give rise to the payment by the Client of a lump-sum indemnity for collection costs in the amount of forty euros (€40). This indemnity is due by right, without prior notice of default, from the first day of late payment and for each invoice not paid by its due date.
ARTICLE 12: FINANCING ORGANISATION
When the training is taken care of by a third party organization (OPCA...), it is the responsibility of the participant's company:
- to verify directly the accountability of the training with the organization.
- to make the request for assumption of responsibility before the training.
- to indicate explicitly on the registration form which establishment will be invoiced, by indicating precisely its corporate name and postal address.
If the file for taking charge of the third party organization does not reach aivancity before the 1st day of the training, the training fees will be fully invoiced to the participant’s company.
In the event of partial coverage by a third party organization, the portion not covered will be billed directly to the participant's company. On the other hand, if the organization does not agree to pay the costs that would have been its own (absences, abandonment, etc.), the cost of the entire training course remains due by the participant's company.
ARTICLE 13: FORCE MAJEURE
aivancity cannot be held responsible towards the Client in case of non-performance of its obligations resulting from an event of force majeure. Are considered as force majeure (Acts of God) or fortuitous event, in addition to those usually recognized by the jurisprudence of the French Courts and Tribunals and without this list being restrictive: the illness or accident of a consultant or training facilitator, strikes or labor disputes internal or external to aivancity, natural disasters, pandemics, fires, failure to obtain visas, work authorizations or other permits, laws or regulations implemented subsequently, interruption of telecommunications, interruption of energy supply, interruption of communications or transportation of any kind, or any other circumstance beyond aivancity’s reasonable control.
ARTICLE 14: INTELLECTUAL PROPERTY - COPYRIGHT
aivancity is the sole owner of the intellectual property rights of all the training courses it offers to its Clients. To this end, all content and teaching materials in any form (paper, electronic, digital, oral, etc.) used by aivancity to provide training remain aivancity’s exclusive property. As such, they may not be the subject of any use, transformation, reproduction or exploitation not expressly authorized within or outside the Client’s premises without the express written consent of aivancity’s Dean. In particular, the Client is prohibited from using the content of the training courses to train other people and is liable on the basis of articles L. 122-4 and L. 335-2 et seq. of the intellectual property code in the event of unauthorized transfer or communication of the content.
Any reproduction, representation, modification, publication, transmission, denaturation, total or partial of the training contents, including the e-Learning module(s), as well as of the databases appearing on the aivancity platform, are strictly forbidden, whatever the process and the support used. In any case, aivancity remains the owner of its tools, methods and know-how developed previously or during the execution of services to the Client.
The disclosure of Information by aivancity can in no way be interpreted as conferring in an express or implicit manner any right whatsoever (under the terms of a license or by any other means) on the Information or other rights attached to intellectual and industrial property, literary and artistic property (copyright), trademarks or business secrets. Payment of the price does not operate any transfer of intellectual property rights on the Information.
By way of exception, aivancity grants the learner, subject to third parties’ rights, a non-exclusive, non-transferable and strictly personal license to use the training support provided, whatever the support. The learner has the right to make a photocopy of this support for his or her personal use for study purposes, provided that the aivancity copyright notice or any other intellectual property notice is reproduced on each copy of the training support.
The Client shall ensure compliance with these prohibitions on the part of the participants it designates to attend the training sessions and, to this end, declares that it is jointly and severally liable for these participants.
ARTICLE 15: PROCESSING OF PERSONAL DATA
In accordance with the essential requirement of security of personal data, aivancity commits itself in the context of the execution of its training courses to take all useful technical and organizational measures to preserve the security and confidentiality of personal data and in particular to prevent them from being distorted, damaged, lost, misappropriated, corrupted, disclosed, transmitted and/or communicated to unauthorized persons. In the event of subcontracting, aivancity is committed to ensuring that its subcontractors fulfill all its commitments in terms of security and protection of personal data.
Conformément à l’exigence essentielle de sécurité des données personnelles, aivancity s’engage dans le cadre de l’exécution de ses formations à prendre toutes mesures techniques et organisationnelles utiles afin de préserver la sécurité et la confidentialité des données à caractère personnel et notamment d’empêcher qu’elles ne soient déformées, endommagées, perdues, détournées, corrompues, divulguées, transmises et/ou communiquées à des personnes non autorisées. En cas de sous-traitance, aivancity se porte fort du respect par ses sous-traitants de tous ses engagements en matière de sécurité et de protection des données personnelles.
ARTICLE 16: INTERNAL RULES FOR THE CONDUCT OF TRAINING COURSES
When participating in training sessions, participants agree to abide by the provisions of aivancity’s internal rules and regulations, of which they declare that they have read and accepted the terms.
The Client shall ensure that these provisions are complied with by the participants that it designates to attend the training sessions and declares that, to this effect, it is jointly and severally liable for these participants.
ARTICLE 17: NULLITY OF A CLAUSE - MODIFICATION
If any one of the provisions of these General Terms and Conditions of Sale were to be cancelled, such cancellation would not entail the cancellation of the other provisions of said General Terms and Conditions of Sale, which shall remain in force between aivancity and the Client.
The present conditions express the entirety of the Client’s obligations as well as those of aivancity. aivancity reserves the right to unilaterally modify the terms hereof, the applicable conditions being those in force on the date the order is placed by the Client.
In the event that one of the provisions of these terms and conditions is considered null and void by virtue of a present or future legal or regulatory provision, or by virtue of a court decision having the authority of res judicata and emanating from a competent jurisdiction or body, this provision of the contract shall then be deemed to be unwritten, and all other provisions of these terms and conditions shall remain binding between the Parties.
The fact that either of the Parties does not avail itself at any given time of any of the provisions of these general terms and conditions can never be considered as a waiver on its part of the rights it holds hereunder.
ARTICLE 18: E-LEARNING
aivancity grants the Client a non-exclusive, non-assignable and non-transferable license to use its distance learning content, hereinafter the “Module”. All Modules will be made available to the Client, in one or more e-learning portals, after the signing of the Agreement. Access to the Modules is managed by aivancity's e-learning platforms. An identifier and a password are communicated to the Client for each learner on the basis of the information provided by the Client (surname, first name, e-mail). Login and password are confidential, personal, inalienable and non-transferable. The Client is responsible for the management and conservation of the identifiers and passwords. Consequently, it is up to the Client to implement all precautionary measures necessary for their protection and conservation. The Client is responsible for the consequences of their use. aivancity cannot be held responsible for any fraudulent use of the Client’s login and password. The Client undertakes to inform aivancity of any fraudulent use of the login and password as soon as he becomes aware of it. The Client will have a period of time, communicated by aivancity, to consume the user licenses of the Modules. After this period, the granted user license(s) will cease immediately. The hosting of the Modules on the Client's platforms and/or the creation of custom digital content is subject to specific provisions to be negotiated between the parties.
ARTICLE 19: COMMUNICATION
The Client expressly authorizes aivancity to mention its name, its logo and to mention as references the conclusion of an Agreement and any operation resulting from its application in all their commercial documents.
ARTICLE 20: APPLICABLE LAW
The Agreement and all the relations between aivancity and its Client are governed by French Law.
ARTICLE 21: POSSIBLE DISPUTES
All disputes which could not be settled amicably within sixty (60) days counted from the date of the first presentation of the registered letter with acknowledgement of receipt, which the party raising the dispute must have addressed to the other, will be the exclusive competence of the courts on which depends aivancity’s registered office, whatever the Client’s registered office, notwithstanding plurality of defendants or appeal in guarantee. The language of reference, for the settlement of possible litigations, is French.