TERMS AND CONDITIONS OF SALE (CGV)

SKILLS ASSESSMENT - V.A.E - ACC. BUSINESS CREATION - VOCATIONAL TRAINING

PREAMBLE

These General Terms and Conditions (GTC) apply to all companies in the ORIENTACTION group, i.e. :

SARL ORIENTACTION,
SARL ORIENTACTION PARIS,
SAS(U) ORIENTACTION - SKILLS ASSESSMENT.

As well as all companies under a trademark license agreement with ORIENTACTION PARIS (trademark license agreement).

These companies are referred to as "ORIENTACTION" in these General Terms and Conditions (GTC).

ARTICLE 1: DEFINITIONS

Customer: ORIENTACTION's co-contractor (including companies under a brand licensing agreement with ORIENTACTION PARIS).

Training: any action falling within the scope of continuing vocational training(L. 6313-1 of the French Labor Code), including skills assessment, V.A.E. support and business start-up/takeover support.

ARTICLE 2: PURPOSE AND SCOPE

All Training orders imply the Customer's full and unreserved acceptance of and agreement to these General Terms and Conditions of Sale (GTCS), which take precedence over any other Customer document, and in particular over any General Terms and Conditions of Purchase (GTCP).

In the event of partial or total financing of Training via the CPF, the General Terms and Conditions of Sale of the site https://www.moncompteformation.gouv.fr/ take precedence over these General Terms and Conditions of Sale (GTCS) and apply automatically.

ARTICLE 3: CONTRACTUAL DOCUMENTS

ORIENTACTION will send the Client a professional training contract or agreement drawn up in accordance with articles L6353-1 and L6353-2 of the French Labour Code. The Client undertakes to return a signed copy of the contract or agreement bearing its commercial stamp to ORIENTACTION as soon as possible.

ARTICLE 4: financial conditions

Invoices are issued upon registration.

As ORIENTACTION's acceptance is conditional upon full payment of the invoice, ORIENTACTION expressly reserves the right to freely dispose of the places selected by the Client, as long as the registration fees have not been covered in accordance with the conditions set out below. ORIENTACTION reserves the right to postpone a Training session without compensation, at the latest 5 working days before the scheduled date, for pedagogical reasons.

A commercial and financial proposal will be drawn up in advance by ORIENTACTION. Registration is validated subject to full payment of the Training. The Customer may be offered the possibility of paying in instalments. In the event of payment in instalments or non-payment of a due date, ORIENTACTION reserves the right to suspend any Training in progress and/or to come, after formal notice has remained without effect for 5 working days.

ARTICLE 5: CANCELLATION/POSTPONEMENT OF TRAINING COURSES BY THE CUSTOMER

Any cancellation or postponement of a Training session by the Customer must be notified in writing.

From the date of signature of the training contract or agreement, the customer has 10 days in which to withdraw from the contract. The withdrawal period is extended to 14 days (article L.221-18 of the French Consumer Code) for "distance" and "off-premises" contracts.

After this deadline, the full amount of the Training Course is due in the event of cancellation. The customer will be asked to pay a flat-rate penalty equal to 15% of the total cost of the Training in the event of a request for an effective postponement of the Training. If postponement is not possible, the Training will be due in full.

PARTICIPANT REPLACEMENT

ORIENTACTION offers the Client the possibility of replacing a participant up to 3 working days before the Training session concerned, without any additional charge.

All replacement requests must be made in writing.

ARTICLE 6: PRICES AND PAYMENT

All our prices are quoted in euros and exclude VAT. They are subject to VAT at the current rate (except for companies exempt from VAT). All Training sessions are due in full. Invoices are payable in euros, on receipt, without discount, to ORIENTACTION.

Any sum not paid on the due date will give rise to the payment by the Customer of late payment penalties at the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points.

These penalties are automatically due upon receipt of the notice informing the customer that they have been charged. In addition to the penalties for late payment, the Customer will be liable for a fixed indemnity of €40 for collection costs, in accordance with articles L441-6 c. com. and D. 441-5 c. com.

ORIENTACTION nevertheless reserves the right to claim additional compensation, upon justification, when the expenses actually incurred exceed this amount.

ARTICLE 7: PAYMENT BY AN OPCO

If the customer wishes the payment to be issued by his OPCO, he must :

Make a request for reimbursement before the start of the training course, and ensure that the request is properly completed,
Indicate this explicitly on the registration form or order form;
Ensure that the payment is completed by the OPCO it has designated.

If the OPCO only partially covers the cost of the Training, the remainder will be invoiced to the Client. If ORIENTACTION has not received approval from the OPCO by the^1st day of Training, the Client will be invoiced for the full cost of the course. In the event of non-payment by the OPCO, for whatever reason, the Customer will be liable for the full cost of the Training and will be invoiced for the corresponding amount.

ARTICLE 8: REFUSAL TO ACCEPT AN ORDER

Should a Client place an order with ORIENTACTION without having paid for the previous order(s), ORIENTACTION may refuse to honour the order and deliver the Training concerned, without the Client being able to claim any compensation whatsoever, for any reason whatsoever.

ARTICLE 9: INFORMATION TECHNOLOGY AND CIVIL LIBERTIES

The Client is informed that personal information communicated to ORIENTACTION pursuant to and in the execution of orders and/or sales may be communicated to ORIENTACTION's contractual partners for the purposes of said orders. In accordance with Law n°78-17 of January 6, 1978, known as the Loi Informatique et Libertés, updated by the Law of June 20, 2018 and now in compliance with the General Data Protection Regulation (RGPD) of April 27, 2016, the Customer has the right to access, rectify and object to personal data concerning him or her. This right may be exercised by making a request by email or by post addressed to ORIENTACTION.

ARTICLE 10: INTELLECTUAL PROPERTY

The rights of reproduction, use, distribution, adaptation, modification and exploitation of the Training materials remain the exclusive property of ORIENTACTION PARIS and may not be transferred to the Customer.

ARTICLE 11: DEMATERIALIZATION OF MEDIA

As part of ORIENTACTION's commitment to the environment, the materials provided for training sessions are dematerialized.

ARTICLE 12: LIABILITY

ORIENTACTION may be held liable for any direct damage suffered by the Client and resulting from the execution of Training. The indemnity due to the Client, in compensation for its loss, may not exceed the amount corresponding to the sums paid by the Client to ORIENTACTION in respect of the calendar year during which the loss occurred.

ARTICLE 13: CONFIDENTIALITY

All information (except that which is accessible to the public) of which ORIENTACTION or the Client has knowledge, or which has been communicated by the other party or by a client or a third party, prior to or during the performance of the contract, is strictly confidential and each of the parties undertakes not to divulge it. For the purposes of performing the services, each of the parties is only authorized to communicate the aforementioned information to its employees and/or any authorized subcontractors; each of the parties is responsible for ensuring that its employees and/or any subcontractors comply with this obligation.

Each of the parties undertakes to return (or destroy, at the option of the other party) the said information, together with a copy thereof, within 5 working days of the expiry or termination of the contract or order form, upon simple request by the other party. The present clause authorizes ORIENTACTION to communicate the information within the ORIENTACTION Group. The Parties shall be bound by the present confidentiality obligation for a period of two years from the termination of their contractual relationship.

ARTICLE 14: COMMUNICATION

The Customer expressly authorizes ORIENTACTION and its subsidiaries to mention its name and logo and to mention as references the subscription to an order and any operation resulting from its application in all their commercial documents.

ARTICLE 15: WAIVER

The fact that ORIENTACTION does not avail itself at a given time of any of the clauses herein, shall not constitute a waiver to subsequently avail itself of the same clauses.

ARTICLE 16: APPLICABLE LAW

The General Conditions and all relations between ORIENTACTION and its Clients are governed by French Law.

ARTICLE 17: ALLOCATION OF POWERS

Any dispute that cannot be settled amicably will be under the EXCLUSIVE JURISDICTION OF THE COMMERCIAL COURT OF THE HEAD OFFICE OF THE ORIENTACTION AGENCY CONCERNED BY THE DISPUTE, regardless of the Customer's registered office or place of residence, notwithstanding plurality of defendants or the introduction of third parties. This jurisdiction clause shall not apply in the event of a dispute with a non-professional Customer, for whom the legal rules of material and geographical jurisdiction shall apply. The present clause is stipulated in the interest of ORIENTACTION, which reserves the right to waive it if it sees fit.

ARTICLE 18: ADDRESS FOR SERVICE

ORIENTACTION elects its registered office as its domicile. Please refer to our website for the address of the agency concerned.