TERMS AND CONDITIONS
The long text nobody reads but everybody should
Profitable Conventions is a commercial brand name.
It is the property of Coefficient Directeur, a simplified joint-stock company registered in France with the Paris Trade and Companies Registry under the (SIRET) number 81317757300025.
Coefficient Directeur also owns the commercial brands The Ark Training.
Coefficient Directeur is the representative of Face to Face Marketing Inc, registered in Canada, a company and training organization in Canada (N.E.Q. 1164957608) , whose content Coefficient Directeur uses in the European Union, and has the right to use its name in the European Union.
The logos of these commercial names can thus appear on the documents of Coefficient Directeur.
Article 1: Definitions
The Provider: the company S.A.S. Coefficient Directeur
The Client: physical or legal person receiving the services
GTC: the present page, including its annexes and preamble
Services: to the meaning attributed in Article 3
Third party: any physical or legal person other than the Provider or the Client
Trainee: Participant in training
Article 2: Object
These GTC apply to all offers relating to Coefficient Directeur training and workshops, whether under the brand “Profitable Conventions”, “Face to Face Marketing”, or “The Ark Training”. Placing an order implies the Client’s full and unreserved adherence to these GTC. Any contrary condition, in particular any general or particular condition opposed by the Client, may not, unless formally and in writing accepted by Coefficient Directeur, prevail over these GTC, regardless of the time it may have been brought to its attention. The fact that Coefficient Directeur does not rely on any of these GTC at a given time may not be interpreted as a waiver of the right to rely on them subsequently. The Client guarantees compliance with these GTC by all its employees, agents and agents. The Client also acknowledges that, prior to any order, it has received sufficient information and advice from Coefficient Directeur to ensure the adequacy of the service offer to its needs.
Article 3: Definition of Services
The Provider will provide the Client with consulting services, or training services according to the program provided to the Client.
Article 4: Order
Any inter-company training order implies that the Client accepts the program provided on the date of its order. Any intra-company training order implies that the Client accepts the content of the training described in the collaboration proposal (pedagogical and financial) or quote of which the Client has a copy. The signature of the order form and/or agreement on the quote implies the irrevocable and unreserved knowledge and acceptance of these conditions, which may be modified by Coefficient Directeur at any time, without notice, and without this modification giving rise to any indemnity in favor of the Client.
Article 5: Prerequisites
Coefficient Directeur specifies in its programs the initial knowledge required (prerequisites) to follow its trainings optimally. It is the Client’s responsibility to ensure that any trainee enrolled in a training meets the prerequisites specified in the corresponding training program. Consequently, Coefficient Directeur cannot be held responsible for any inadequacy between the training followed and the initial level of the participants.
Article 6: Prices, VAT exemption, cases of application
Our prices are set in euros excluding tax. Coefficient Directeur is exempt from VAT for its training activity and under Article 261-4-4° of the French General Tax Code. This absence of VAT therefore applies only in the following cases:
direct training between Coefficient Directeur and its Client subcontracting training for a training organization that itself benefits from VAT exemption for its training activities. For all other services and in all other cases, our prices are to be increased by the applicable VAT rate.
Article 7: Payment Conditions
The invoice is sent to the Client after the service has been provided. If the Service requires international travel, a 30% deposit of the HT amount must be paid one month before the trip. If payment is made by a Competent Operator (called OPCO), it is the Client’s responsibility to request coverage before the start of the training from the OPCO they are affiliated with.
The funding agreement must be provided at the time of registration. In the case of partial coverage by the OPCO, the difference will be invoiced directly to the Client. If the OPCO’s coverage agreement does not reach us on the first day of training, the full cost of the training may be invoiced to the Client. If the Client’s OPCO does not pay, for any reason, the invoice becomes due to the Client. Any training course that has started is considered due in its entirety. Please note that meals are not covered by Coefficient Directeur, it is the responsibility of the Client and the trainees to pay for their own meals and to be reimbursed if necessary by the OPCO if it is taken into account by the latter.
Article 8: Training Agreement
The training agreement is sent to the Client and signed in advance of the training, at the latest on the day of the start of the training, before the start of the training.
Article 9: Invitations
Coefficient Directeur sends its invitations at least 24 hours before the date of the training. It cannot be held responsible for the non-reception of the invitation by the Client, regardless of the recipient(s), in particular in the event of the absence of the trainee(s) at the training. If in doubt, it is the Client’s responsibility to ensure the registration of their trainees and their attendance at the training.
Article 10: Cancellations, Absences, Registration Delays
Any cancellation of registration must be reported by telephone and confirmed in writing. A cancellation made more than two weeks before the start of the course will not be invoiced. A cancellation made between one or two weeks before the start of the course will be invoiced to the Client for 50% of the cost of the total course. A cancellation made less than one week before the start of the course will be invoiced for the total cost of the course. A delay made less than two weeks before the start of the course is considered a cancellation. In the case of the trainee’s absence, the ordered service will be invoiced in full.
Article 11: Cancellation of a Training
Coefficient Directeur reserves the right to cancel any course due to lack of participants or technical or logistical problems without any compensation. In this case, the trainees will be notified at least one week before the start of the course. New dates or locations will be offered to them, which will result in a new order.
Article 12: Shared Obligation of Feedback and After-Sales Service
As part of its quality approach, Coefficient Directeur is particularly interested in the satisfaction of its clients. In this context, the Client and their training participants undertake to provide two written feedback to Coefficient Directeur, in the form of a satisfaction questionnaire:
– on the last day of training
– three (3) to six (6) months after the training
These expressions from the Client are intended to help Coefficient Directeur ensure the quality of the Service provided, the satisfaction of the Client and to provide after-sales service if necessary (if the Client gives a rating lower than 3/5) during these customer feedback.
Article 13: Payment
Invoices can be paid by check or bank transfer. Invoices are payable no later than 30 days from the date of the invoice, net and without discount, unless another deadline is indicated on the invoice. Any delay in payment compared to this deadline will automatically result in:
late payment interest at the rate of 3 times the legal interest rate in force on the date of billing,
the immediate due date of unpaid invoices.
In addition, in accordance with Article L 441-6 of the Commercial Code, any payment made after the due date will be subject to a flat fee of 40 euros for recovery costs. An additional fee may be claimed, upon presentation of proof, if the recovery costs incurred are higher than the flat fee. Coefficient Directeur also reserves the right to suspend or cancel ongoing services, without being able to give rise to damages and interests for the Client. All applicable rights and taxes are invoiced in addition, in accordance with the laws and regulations in force.
Article 14: Intellectual Property
The Client is prohibited from using the content of the training courses to train other people than their own staff and assumes liability under Articles L. 122-4 and L.335-2 and following of the intellectual property code in case of unauthorized transfer or communication of content. Any reproduction, representation, modification, publication, transmission, distortion, total or partial of the content of training courses is strictly prohibited, regardless of the process and medium used. The Client’s liability would be engaged if unauthorized use was made of the training materials.
Article 15: Referencing
The Client agrees that the Provider may use public comments or feedback that they have written about the training, on any medium, for advertising, promotion or reference purposes as part of the Provider’s commercial development.
The Client agrees that the Provider may include their name and the name of their company as references under this contract.
Article 16: Liability Limitations
Coefficient Directeur’s liability can in no case be engaged for any technical failure of the equipment or any cause external to Coefficient Directeur. Whatever the type of services, the liability of Coefficient Directeur is expressly limited to the compensation of direct damages proven by the Client. The liability of Coefficient Directeur is capped at the amount paid by the Client for the service concerned. In no case can the liability of Coefficient Directeur be incurred for indirect damages such as loss of data, file(s), loss of operation, commercial damage, loss of income, damage to image and reputation.
Article 17: Force Majeure
Coefficient Directeur cannot be held responsible towards the Client in case of non-performance of its obligations resulting from an event of force majeure. Cases of force majeure or fortuitous events are considered, in addition to those normally recognized by the jurisprudence of the French courts and tribunals, and without this list being exhaustive: illness or accident of a consultant or trainer, strikes or internal or external social conflicts within Coefficient Directeur, natural disasters, fires, failure to obtain visas, work permits or other permits, laws or regulations put in place later, interruption of telecommunications, interruption of energy supply, interruption of communications or transportation of any kind, or any other circumstance beyond the reasonable control of Coefficient Directeur.
Article 18: Protection of Personal Data
As the controller of its staff’s file, the Client agrees to inform each user that: Coefficient Directeur is responsible for the preservation and confidentiality of all data concerning the user and to which it has had access.
Article 19: Applicable Law and Jurisdiction
These T&Cs are governed by French law. In case of dispute between the Client and Coefficient Directeur in connection with the execution of the contract, an amicable solution will be sought and, failing that, the matter will be referred to the Paris Commercial Court.
Placing an order implies acceptance of these general terms and conditions of sale.