General Terms and Conditions of Sale
PREAMBLE ENGIE UNIVERSITY, registered with the Nanterre trade register under number 401 227 988, whose head office is located at 1 place Samuel de Champlain 92400 Courbevoie, organizes and provides professional training. Its professional training activity is registered with the Regional Direction ÎLE-DE-FRANCE under the activity declaration number 11753508775; this registration does not imply state approval. The Customer's signature of these General Terms and Conditions of Sale (hereinafter referred to as "GTCS") implies their full and unreserved acceptance. The GTCS prevail over any other document of the Customer, and in particular over any general terms and conditions of purchase, except in the case of a framework agreement or specific commercial agreement made with the Customer. All other ENGIE UNIVERSITY documents, such as prospectuses and catalogs, are for information purposes only. The fact that ENGIE UNIVERSITY does not avail itself, at a given moment, of any of the present conditions, cannot be interpreted as a renunciation to avail itself of them at a later date. 1 - REGISTRATION Registrations are made by the Human Resources Manager. Your registration will be processed on receipt of the registration confirmation. 2 - CANCELLATION - REPLACEMENT Cancellation fees are paid by the participant's entity, whatever the program, and are calculated on the basis of the rates shown below: > 0% if cancellation is notified before 30 days of the training date, > 50% if cancellation is notified between 30 days and 15 days before the course (between D-30 and D-15), > 100% if the cancellation is made less than 15 days (D-15) before the course or in the event of a "no-show". Any participant who has to cancel his or her participation may be replaced free of charge by another participant from his or her entity up to 15 days before the course. After this deadline, the replacement will no longer be authorized and the cancellation will be invoiced in accordance with the above point. 3 -PRICES - PAYMENT All prices are quoted exclusive of tax. They will be increased by applicable duties and taxes. Prices include training rooms, audiovisual equipment, course material and support, catering (breaks and lunch) for participants and instructor, travel and accommodation expenses for instructors. Accommodation and catering (lunch) are the responsibility of the participants (except in exceptional circumstances). ENGIE UNIVERSITY offers 4 packages: - Price per person - Package without logistics - Package with logistics in France or Belgium - Package on request Full payment due 60 days after receipt of invoice. Invoices are issued the following month. In the case of payment by an OPCO, your OPCO's application for reimbursement must be received before the 1st day of training. If ENGIE UNIVERSITY has not received the financing agreement, you will be invoiced for the full cost of the training. In the event of partial coverage by the OPCO, you will be invoiced directly for the portion not covered. Any invoice not paid by the due date will automatically bear interest at the rate applied by the European Central Bank to its most recent refinancing operation, plus 10 points. In the event of non-payment of a single invoice by the due date, all sums owed by the Customer will become immediately payable. Any invoice recovered by the legal services will be increased by a penalty equal to 3 times the legal interest rate, as a non-reducible penalty clause within the meaning of article 1229 of the French Civil Code (Decree 2009138 of February 9, 2009). Flat-rate indemnity for collection costs of €40 (Decree n°2012-1115 of October 02, 2012). 4 - LIABILITY - INDEMNITIES The employer, or as the case may be the participant, undertakes to take out and maintain, in anticipation of and during the training course, civil liability insurance covering any direct or indirect bodily, material or immaterial damage likely to be caused by his actions or those of his employees to the detriment of ENGIE UNIVERSITY or the participants. He/she also undertakes to take out and maintain civil liability insurance, also designating ENGIE UNIVERSITY as the insured party for any actions harmful to third parties that may have been caused by his/her employee, and containing a waiver of recourse clause, in such a way that ENGIE UNIVERSITY cannot be sought or worried. 5 - RIGHT TO CONTROL THE COMPANY ENGIE UNIVERSITY reserves the right, if the number of participants in a training course is deemed insufficient from a pedagogical point of view, to cancel this training course no later than 5 [five] calendar days before the scheduled date. ENGIE UNIVERSITY reserves the right to postpone the training course, to modify the place where it is held, the content of its program or to replace an instructor, if circumstances beyond its control oblige it to do so. ENGIE UNIVERSITY reserves the right, without compensation of any kind : - to refuse any registration or access to a Customer who is not up to date with his or her payments - exclude any participant who has made false declarations at the time of registration, without compensation. 6 - INTELLECTUAL PROPERTY RIGHTS In the context of respecting the intellectual property rights attached to the course materials or other teaching resources made available solely to the training participants, the Customer shall refrain from reproducing, directly or indirectly, in whole or in part, adapting, modifying, translating, representing, marketing or distributing said materials and teaching resources to members of his staff who are not participants in ENGIE UNIVERSITY training courses or to third parties, without the express, prior and written authorization of ENGIE UNIVERSITY or its assignees. 7 - INFORMATION TECHNOLOGY AND CIVIL LIBERTIES In accordance with the provisions of Law no. 2004-801 of August 6, 2004 amending Law no. 78-17 of January 6, 1978, known as the "Data Protection Act", relating to data processing, files and civil liberties, the information you are asked to provide is required to process your registration and is intended for ENGIE UNIVERSITY departments. The automated processing of nominative data has been declared to the CNIL by ENGIE, from whom you may exercise your rights of access, rectification and opposition, in accordance with the provisions of articles 39, 40, 41 and 42 of the amended Law 78-17 of January 6, 1978, by contacting : ENGIE, 1 place Samuel de Champlain, 92930 Paris La Défense Cedex. This information may be transferred, rented or exchanged with other partner companies for prospecting purposes. If you do not wish to receive these documents, please let us know. 8 - APPLICABLE LAW - JURISDICTION THIS AGREEMENT IS GOVERNED BY FRENCH LAW. In the event of a dispute concerning the interpretation or execution of any of these provisions, and in the absence of an amicable agreement between the parties, the Commercial Court shall have sole jurisdiction. |