- GTC
Presentation
Aegide International is a consulting firm and training organisation specialising in hygiene, health, safety and environment. Its head office is located at Immeuble Perspective, 2 rue du Jardin de l'Ars - 33800 Bordeaux. Aegide International designs, offers and runs professional adult training courses for companies and individuals, using teaching methods that may include face-to-face and/or distance learning. Aegide International operates in France under the Professional Training Organisation Approval No. 75331043033 and meets the requirements of the National Quality Standards for Skills Development Actions for L6313-1- 1 °"Training Actions" under Certificate No. ATA 125 2021 b dated 4 August 2021. Aegide International also offers Technical Assistance and Audit support.
Definitions
In the following paragraphs, it is agreed to refer to :
- GTC the general terms and conditions of sale, detailed below.
- Special conditions : the specific provisions of the Service contracted in writing with a Customer in the form of a framework agreement, an order form, a training contract or a training agreement.
- Third-party organisation : any third-party funding body, including in particular the OPCOs, Pôle Emploi, etc.
- OPCO : these are the skills operator bodies responsible for managing companies' training efforts.
- Service provider : all entities belonging to the Aegide International SAS Group
- Client(s) : any individual or legal entity who registers or places an order for training with the Provider.
- Trainee(s) : individual taking part in a training course.
- Service(s) : all services related to:
- Training courses ordered by the Customer, including off-the-shelf distance or face-to-face training courses, as well as customised courses, which are run on an inter- or intra-company basis.
- The Services ordered by the Customer and performed by the Service Provider.
- Preparation day Time: refers to the time per day required prior to the service to prepare the consultant for the Client's specific requirements and to edit documents. It is communicated by the SERVICE PROVIDER after analysing the request and the number can only be revised with the CLIENT's agreement.
- Day of on-site service : time of the service on the customer's site. The exact title of the service will be specified in the special conditions, depending on the type of mission.
- Day of off-site service : time spent by the consultant working on the project away from the customer site.
- Feedback day : refers to the time in days spent submitting a report.
- Day of travel : time required for the consultant to mobilise and demobilise in order to travel to and from the location where the service is to be provided.
- Standby day waiting time: refers to the time spent waiting or resting without activity observed by the SERVICE PROVIDER's consultant during an assignment.
Purpose and scope
These Terms and Conditions apply to all Training, Audit or Consultancy/Technical Assistance Services provided by the Service Provider on behalf of a Customer. These GCS prevail over any other document of the Customer, and in particular over any general terms and conditions of purchase of the Customer, unless otherwise agreed in writing by the Service Provider.
The GCS are entered into for a minimum period of one year, renewable by tacit agreement. They may be terminated by either party by registered letter or by e-mail with acknowledgement of receipt, with one month's notice (the expiry date is determined by the date on which the GTC are signed).
Contractual documents
The Service Provider shall send the Customer a contract, depending on the service provided, or a professional training agreement in accordance with the provisions of Articles L6313-1 and L. 6353-1 of the French Labour Code.
The Customer undertakes to return a signed copy to the Service Provider as soon as possible, bearing its commercial stamp or signature. The signing by the CUSTOMER of these GTCs implies their full and complete acceptance. The Provider will also send the Customer a quotation or a technical and commercial offer to be signed together with these GTC, (where applicable, the Internal Rules for training courses, as well as a registration form to be completed by the Trainee(s)).
By way of exception, special terms and conditions may supplement, replace or exclude any clause of these GTCS. In the event of any conflict between the GTCS and the special terms and conditions, the special terms and conditions shall prevail.
Terms of use
Where the service is provided on premises made available by the CUSTOMER, the CUSTOMER undertakes to ensure that these comply in all respects with the applicable regulations.
For any service requiring the use of materials, appliances, equipment or installations belonging to the CLIENT or which it has custody of or operates, the CLIENT undertakes to ensure that they comply in all respects with the applicable regulations. Under no circumstances can the SERVICE PROVIDER be held responsible for the functioning, regulatory compliance and operation of the installations, equipment or other objects located on the premises where the service is carried out.
Under these conditions, the SERVICE PROVIDER cannot be held liable in any way whatsoever for any damage that these installations, appliances or objects may suffer or for any accidents and their consequences that may be caused by these installations, appliances or objects, and in particular for any operating losses that may incur the SERVICE PROVIDER's liability.
The SERVICE PROVIDER takes out insurance covering its professional civil liability and the various risks likely to incur its liability. It is up to the CLIENT, for its part, to protect itself against the risks that it may incur for the SERVICE PROVIDER's consultants and the accidents or incidents for which it may be responsible.
1. For training:
In the case of inter-company training, the Service Provider will send the Trainee an invitation to attend the training course, specifying the times, location and means of access.
In the case of in-company training, the order form will act as confirmation and the Client will call the Trainees themselves.
Participants are asked to sign an attendance list, which will be used to draw up an attendance certificate that will be delivered or sent out after the course.
- In the case of in-company training, on the Client's premises, the Client is required to :
- Designate a qualified representative to accompany the trainer and provide means of access
- Inform the Service Provider of the specific health and safety requirements (Internal Regulations and Safety Instructions) for the protection of individuals and the prevention of occupational risks (Decree D92-158 of 20 February 1992).
- Provide the equipment and resources required for the training: training room equipped with tables and chairs, whiteboard and markers, power sockets (for video projector and laptop, etc.) and a stable Internet connection with sufficient bandwidth. The equipment required will be specified in the commercial-technical offer or in the Special Conditions.
A satisfaction questionnaire and a training certificate are given to each Trainee at the end of each course.
2. For an audit or technical assistance :
The dates of the services are agreed by mutual consent and are set out in the Special Conditions. At the CLIENT's request, the SERVICE PROVIDER can draw up a service agreement in accordance with French law.
In the case of an agreement relating to several periodic services, each of these may be terminated independently of the others under the same conditions as above, with THE SERVICE PROVIDER reserving the right to review the initial conditions.
Any agreement that includes an end date or does not specify a periodicity is, in principle, for a fixed term: it expires on the end date indicated or, failing that, on delivery of the report(s) corresponding to the service(s) defined in the agreement.
The SERVICE PROVIDER acts as an independent company to provide services as defined in the specific specifications and schedule drawn up in agreement with the CLIENT, which are appended to or indicated in the Special Terms and Conditions where applicable.
The SERVICE SUPPLIER performs these services by way of assistance. For this reason, the SERVICE PROVIDER refrains from substituting itself for the technical services responsible for the design, manufacture, commissioning, operation, upkeep or maintenance of the installations. The SERVICE PROVIDER refrains from substituting itself for the CLIENT's decision-making power; under no circumstances can the SERVICE PROVIDER's advisory function be considered as a decision/command.
The customer must:
- To inform the SERVICE PROVIDER's consultant of the specific health and safety requirements for the protection of individuals and the prevention of occupational risks (decree D92-158 of 20 February 1992),
- Appoint a qualified representative to accompany the AEGIDE INTERNATIONAL consultant. (Waiting time and additional interventions will be invoiced extra).
- Provide the documentation, information and equipment necessary for its mission.
- Provide means of access.
Observation is limited to visible parts that are normally accessible without dismantling using tools,
and only to accessories fitted and in working order on the day of the visit.
The observation is limited to what is requested by the customer and is limited to what given to see AEGIDE INTERNATIONAL.
Subcontracting
The SERVICE PROVIDER is entitled to use any subcontractor of its choice, in particular but not exclusively another entity of the SERVICE PROVIDER, whether for reasons of qualification, technicality, availability or place of intervention.
Prevention plan
In application of French regulations, and in the case of interventions on the CLIENT's site, measures must be taken by the CLIENT and the SERVICE PROVIDER to prevent the risks associated with interference between the activities, installations and equipment of the different organisations present simultaneously on the same site.
The CLIENT is responsible for the general co-ordination of prevention measures when the service takes place on its site. In the case of risks resulting from interference between activities, installations and equipment, the SERVICE PROVIDER's representative will apply the measures provided for in the prevention plan agreed upon before the start of the service activities.
In particular, if the prevention plan so provides, in order to prevent any risk and to facilitate the performance of the work, the CLIENT must appoint and second to the SERVICE PROVIDER's representative a qualified agent responsible for passing on all the information and instructions concerning health, safety and first aid regulations.
Terms of payment
The agreement subscribed to gives rise to the issue of:
- Either: an invoice after the assignment/services for any assignment lasting less than one month,
- Or interim monthly invoices as services progress for any work lasting more than one month,
- Or: an invoice after delivery of the deliverable(s) for any work carried out on a fixed-price basis,
The invoice for the balance is issued at the end of the service.
In France, these prices do not include :
- Travel, accommodation and food expenses for the consultant(s) on site, invoiced as follows
- The cost of transport by plane, train or car, which the SERVICE PROVIDER will re-invoice as indicated in the special conditions.
- Any business communication costs.
Furthermore, outside France, prices do not include :
- The purchase of international and local air tickets, which the SERVICE PROVIDER will purchase at the CLIENT's express request and will re-invoice, including a 10% handling fee.
- Any taxes payable in the country where the service is provided.
- Any costs incurred in obtaining visas.
Financial conditions
Details of our Services and the corresponding prices are indicated in our quotations in Euros and are subject to the VAT rate in force, unless otherwise stipulated. Any Service begun is payable in full by the Client.
Invoices must be paid by bank transfer.
Invoices are payable within 30 days of the invoice date at the latest, net and without discount unless otherwise stated on the invoice.
Any sum not paid on the due date will give rise to the payment by the Client of late payment penalties at the rate of three times the legal interest rate per month of delay, calculated on a daily basis, from the day following the day mentioned as the payment date on the invoice if payment has not been made by that date.
These penalties are payable ipso jure, upon receipt of the notice informing the Client that they have been debited.
In addition to the penalties for late payment, the Client will be liable for a fixed indemnity of €40 for collection costs in accordance with Articles L441-6 and D441-5 of the French Commercial Code. The Service Provider nevertheless reserves the right to claim additional compensation, on justification, when the costs actually incurred exceed this amount.
Resolutory clause
In the event of late payment, the SERVICE PROVIDER will send the CLIENT a formal notice by post. If the CLIENT fails to pay its obligation within fifteen [15] calendar days of this letter being sent, the SERVICE PROVIDER reserves the right to suspend its services.
Payment by a third party
In the event of payment by a third-party organisation, it is the Client's responsibility to make the request for reimbursement sufficiently in advance of the start of the Event with the third-party organisation to which he/she belongs in order to communicate the funding agreement to the Service Provider at the time of registration. In the event of partial payment by this third party organisation, the difference will be invoiced directly to the Client. If we do not receive the third-party organisation's agreement to cover the costs no later than 8 days before the Event, the Client may be billed for the full cost of the training.
In the event of non-payment by the Client's third-party organisation, for whatever reason, the invoice becomes due and payable to the Client. Any Service begun is considered to be due in full.
Cancellation, absence or interruption of a service
Any Service commenced is due in full and will be invoiced to the Client by the Service Provider.
Furthermore, in the event of cancellation of a service by the Client, the Provider reserves the right to charge the Client a cancellation fee calculated as follows:
- If the cancellation is made more than 30 working days before the start of the service: no cancellation charge
- If the cancellation is made between 15 and 30 working days before the start of the service: cancellation fees are equal to 50% of the price excluding VAT of the service and the costs incurred by the Provider are re-invoiced with a surcharge of 10%, except in the case of Special Conditions.
- If the cancellation is made less than 15 working days before the start of the service: cancellation fees are equal to 100% of the price excluding VAT of the service and the costs incurred by the Service Provider are re-invoiced with a surcharge of 10%, except in the case of Special Conditions.
Price review
The revision is carried out on 1st January of each year for prices determined on the basis of a point value or on expiry of the agreement for all other prices, by reference to the Syntec technical consultancy wage index.
Quotations and technical and commercial offers are valid for 3 months from the date of the offer.
Enrolment and deferral for training
To ensure the best possible learning conditions, the number of students in each course is limited. The number of students on each course is determined by the course objectives and teaching methods.
Registrations are taken into account in the order in which they are received. The issue of a quotation does not constitute registration. Only quotations duly completed, dated, stamped, signed and marked "Bon pour accord" and returned to the Provider are binding. Once the number of participants has been reached, enrolments are closed. The Provider may then offer the Trainee the opportunity to take part in a new session or to be placed on a waiting list.
In the event that the number of participants is insufficient to ensure that a course runs smoothly, the Provider reserves the right to postpone the course at the latest one week before the scheduled date, without compensation or reimbursement of the course.
Obligations and force majeure
The Service Provider may not be held liable to the Customer in the event of non-performance of its obligations resulting from an event of force majeure. The following are considered to be cases of force majeure or fortuitous events, in addition to those usually recognised by the case law of French courts and tribunals, and without this list being restrictive illness or accident of a consultant or training leader, strikes or industrial disputes internal or external to the Service Provider, natural disasters, fires, pandemics, failure to obtain visas, work permits or other permits, laws or regulations subsequently introduced, interruption of telecommunications, interruption of energy supply, interruption of communications or transport of any kind, or any other circumstance beyond the reasonable control of the Service Provider.
Responsibilities
The Client and the Service Provider mutually waive all rights of recourse against each other for any damage caused to their physical property and/or facilities in their care, regardless of the cause, even if the cause is due to the fault or negligence of either of them or their personnel.
The Client and the Service Provider mutually waive all rights of recourse against each other and shall not retain against each other any loss or liability (including costs of recourse) arising from any claim or action for loss of or damage to the property of their respective personnel or for any injury, illness or death of their respective personnel irrespective of the cause, even if the cause is the negligence of either of them or their respective personnel.
The Client and the Service Provider mutually waive all rights of recourse against each other and shall not retain against each other any specific, direct or indirect damages or losses, such as loss of contracts, loss of profits, loss of production or any downtime, regardless of the cause even if the cause is the negligence of either of them or their respective personnel.
The Client and the Service Provider mutually waive all rights of recourse against each other and shall not retain against each other any loss or liability (including costs of recourse) arising from any direct or indirect loss or damage caused to a third party, irrespective of the cause even if the cause is the negligence of either of them or their respective personnel.
Intellectual property
1. Training
All the presentation sheets, content and teaching aids in whatever form (paper, electronic, digital, oral, etc.) used by the Service Provider to provide the training courses or given to the Trainees constitute original works and as such are protected by intellectual property and copyright.
In this respect, and unless otherwise stipulated, the Client and Trainee(s) undertake not to use, transmit, reproduce, exploit or transform all or part of these documents without the express agreement of the Service Provider. This prohibition applies, in particular, to any use made by the Client and the Trainee(s) with a view to organising or running training courses.
In the case of a Service including the design of a customised training course for a Client, the rights of reproduction, use, distribution, adaptation, modification and exploitation of the training materials are defined between the parties in the Special Terms and Conditions. These rights may be transferred by the Service Provider to the Client subject to payment by the Client of all amounts due in this respect.
2. Audit
At the end of an audit service, deviation sheets may be drawn up and submitted to the CLIENT for validation.
An additional report is drawn up by the SERVICE PROVIDER, notwithstanding any provisional intervention report drawn up by the SERVICE PROVIDER's consultant in the event of serious or imminent danger, and given to the customer on the same day, if necessary for the attention of the MASE committee.
Responsibility and ethics
The SERVICE PROVIDER's consultant is bound by his employment contract to respect the rules of independence, impartiality, integrity and confidentiality, including in the context of his services.
Unless otherwise stated, the CLIENT agrees to appear on the SERVICE PROVIDER's reference lists.
Protection of personal data
In accordance with the French Data Protection Act of 6 January 1978, as amended, and with European Regulation No. 2016/679/EU of 27 April 2016 (applicable from 25 May 2018), you have the right to access, rectify, port and delete your data or to limit the processing thereof. You may also, on legitimate grounds, object to the processing of your data. You may exercise your rights, subject to production of valid proof of identity, by contacting: qualite@aegide-international.com.
The information collected is recorded in a computerised file by Aegide International. The legal basis for the processing is consent to complete a survey.
The data collected will be communicated to the following recipients only: Aegide International.
The data is kept for one year from the date of agreement of the GTC.
You may access your personal data, rectify it, request that it be deleted or exercise your right to limit the processing of your data. (Depending on the legal basis for the processing, also mention : You may withdraw your consent to the processing of your data at any time; You may also object to the processing of your data; You may also exercise your right to the portability of your data)
Visit cnil.fr for more information about your rights.
To exercise these rights or if you have any questions about the processing of your data under this scheme, please contact qualite@aegide-international.com.
If, after contacting us, you feel that your "Data Protection" rights have not been respected, you may submit a complaint to the CNIL.
N.B: make a distinction in the collection form, for example by using asterisks, between data that must be provided and data that is optional.
Applicable law and jurisdiction
These General Terms and Conditions, Special Terms and Conditions and all relations between the Service Provider and its Clients are governed by French law.
Any disputes that cannot be settled amicably will fall within the exclusive jurisdiction of the Bordeaux Commercial Court.
