GENERAL TERMS AND CONDITIONS
1. Object and scope
1.1. The purpose of these General Terms and Conditions (GTC) is to set out the conditions under which CAREER ON PURPOSE undertakes to sell a service.
1.2 They shall apply irrespective of the clauses contained in the Customer's documents and in particular in its general terms and conditions of purchase.
1.3. For certain services, special terms and conditions of sale specify or supplement these GTC. The special terms and conditions of sale may appear following these GTC or on the quotation or order form, or may be sent to the customer together with one of these documents. In the event of any contradiction between the special terms and conditions of sale and these GTC, the provisions of the special terms and conditions of sale shall prevail.
1.4. In the event that any of the provisions of these GTC are declared null and void or unwritten, the other provisions will remain in full force and will be interpreted in such a way as to respect the original intention of the parties.
1.5. CAREER ON PURPOSE may amend these GTC at any time.
2. Definitions
- Customer: legal or natural person who purchases the service;
- Beneficiary: natural person who benefits from the service.
3. Acceptance of registrations
3.1. For legal entity customers: registrations are only validated on receipt of, on the one hand, the agreed amount and, on the other hand, the accepted contract or order form valid as a contract.
3.2. For individuals: registration is only validated on receipt of the signed service contract and the amount of the service. The payment of this amount can only be demanded at the end of the 14-day withdrawal period starting from the signing of this contract.
4. Liability
4.1. Any enrolment in a training course implies that the trainee complies with the internal regulations.
4.2 It is the responsibility of the customer/beneficiary to check that their personal and/or professional insurance covers them during their training.
5. Payment terms
Payment is due in full on receipt of an invoice issued by CAREER ON PURPOSE.
6. Payment by a third-party organization
6.1. When the training is paid for by a third party organisation, it is the responsibility of the customer/beneficiary:
- To make the request for payment of the agreed amount before the start of the training course and to ensure that this request is properly completed and paid for by the organisation they have designated́ ;
- To state explicitly on the order form and/or the agreement and/or the contract which will be the third party organisation to invoice, indicating precisely its name and address.
6.2. If CAREER ON PURPOSE does not receive the application for funding from the third-party organisation before the first day of the service, the costs will be invoiced in full to the customer. In the event of partial payment by a third-party organisation, the remainder will be invoiced to the customer.
6.3. In the event that the third-party organisation does not agree to pay the charge that would have been its responsibility as a result of absences, withdrawal or for any reason whatsoever, the customer is liable for the fulĺ price of the service, which is therefore invoiced to the customer.
7. Late payment penalties and sanctions in the event of non-payment
7.1. Any sum not paid on the due date shall give rise to the payment by the customer of late payment penalties set at three times the legal interest rate in force. These penalties are payable ipso jure, without the need for a reminder, on the day following the due date for payment.
7.2. A flat-rate indemnitý of 40 euros is payable for collection costs in the event of late payment, except in the case of private individuals.
7.3. In the event of non-payment in full of an invoice that has fallen due, after formal notice has remained without effect for 5 calendar days, CAREER ON PURPOSE reserves the right́ to suspend all current and/or future services.
8. Invitation to attend
The customer is sent an e-mail notification indicating the appointment times and connection details when the appointment is made online. CAREER ON PURPOSE cannot be held responsible for the non-receipt of this e-mail by the recipients, in particular in the event of the beneficiary's absence.
9. Refusal to accept an order
In the event that a customer places an order, without having proceeded́ to the payment of previous orders, CAREER ON PURPOSE shall be entitled to refuse to honour the order and to deliver the training service concerned, without the customer being able to claim any compensatioń, for any reason whatsoever.
10. Cancellation - postponement - early termination - absences
Any cancellation must be the subject of a written request (e-mail).
10.1. By the legal entity customer
- If the request for cancellation is received by CAREER ON PURPOSE between 30 and 15 calendar days before the start of the service, CAREER ON PURPOSE will retain the deposit (or the invoice if it has not been paid).
- If the request is received between 15 and 1 calendar days before the start of the service, CAREER ON PURPOSE will retain the deposit (or the invoice if it has not been paid) and invoice 50% of the total price of the service as compensation, less any sums alreadỳ invoiced and/or paid.
- Any cancellation on the date of commencement of the service or no-show by the beneficiary will result in the invoicing of the total price of the service by way of compensation, less any sums alreadỳ invoiced and/or paid.
- Once the service has begun, any cancellation or interruption entails the invoicing of the total price of the service, less any sums alreadỳ invoiced and/or paid.
- The sums owed by the customer by way of compensation are mentioned as such on the invoice. Under no circumstances may they be deducted from the amount of the contribution to the development of professional training.
10.2. By the individual customer
- If the cancellation request is received by CAREER ON PURPOSE after the expiry of the cancellation period and before the start of the service, CAREER ON PURPOSE will retain the deposit (or the invoice if the deposit has not been received), if applicable, except in cases of force majeure.
- Once the service has begun, when, as a result of a duly recognised case of force majeure (unforeseeable, insurmountable event beyond the control of the individual), the natural person customer is unablé to continue with the service, the contract is terminated́ ipso jure and the services actually provided are invoiced pro rata temporis for their value as provided for in the contract, less any sums already invoiced and/or paid̀. In the absence of force majeure, once the service has begun, any cancellation, abandonment or interruption entails the invoicing of the total price of the service, less any sums alreadỳ invoiced and/or paid.
- Any sums owed by the customer by way of compensation shall be mentioned as such on the invoice.
11. Obligations and force majeure
In the context of its services, CAREER ON PURPOSE is bound by an obligation of means and not of result vis-à-vis its Customers or the Beneficiaries of its services. CAREER ON PURPOSE shall not be liable to its Customers or to the Beneficiaries of its services in the event of non-performance of its obligations resulting from a fortuitous event or force majeure. The following are considered to be fortuitous events or force majeure, in addition to those usually recognised by case law: illness or accident of a participant, strikes or industrial disputes external to CAREER ON PURPOSE, natural disasters, fires, interruption of telecommunications, energy supply or transport of any type, or any other circumstance beyond the reasonable control of CAREER ON PURPOSE, the customer and the beneficiary mutually undertake to keep confidential all information and documents, regardless of their form and nature (economic, technical, commercial, etc.), to which they may have had access in the course of the performance of the service or during exchanges that took place prior to the conclusion of the contract.
12. Confidentiality
CAREER ON PURPOSE, the Customer and the Beneficiary mutually undertake to keep confidential all information and documents, regardless of their form and nature (economic, technical, commercial, etc.), to which they may have had access in the context of the performance of the service or in the course of exchanges that took place prior to the conclusion of the contract.
13. Applicable law - competent courts
All disputes relating to the sale of goods and services concluded by CAREER ON PURPOSE, as well as to the application or interpretation of these general terms and conditions of sale, are governed by French law when the contract has been drawn up with CAREER ON PURPOSE in France and by Dutch law when the contract has been drawn up with CAREER ON PURPOSE in the Netherlands. Any dispute relating to the contracts or training agreements will be subject to prior consultation in order to find an amicable solution, failing which the most diligent party will bring the matter before the competent court.
Contact
For further questions on these General Terms and Conditions
CAREER ON PURPOSE, Westeinde 40H, 2512HE The Hague, The Netherlands
CAREER ON PURPOSE, 5 Avenue Ingres, 75016 Paris, France