Definition
Client: clients of EUROBOGEN
Contract: professional training agreements or contracts agreed between the Client and EUROBOGEN. This agreement or contract may take the form of a formal written contract, a purchase order issued by the Client and validated by EUROBOGEN or simply an electronic communication (email) confirming the purchase of a training course or other services.
Corporate training: trainings from the EUROBOGEN catalogue or made-to-measure for the Client, intended exclusively for its employees, attendants or agents in its premises or in an external location chosen by the Client or by EUROBOGEN.
Individual training: training offered by EUROBOGEN in its catalogue, carried out in EUROBOGEN’s premises or in an external location, which brings together several participants from two or more companies, associations, institutions, communities or NGOs.
Learning Managing System (LMS): Specific software dedicated to the organization and monitoring of training courses.
Learner space : A personal space provided by EUROBOGEN, on its LMS, for the benefit of each learner enrolled in a training course.
EUROBOGEN is a professional training organization located at 7 rue Kant, 67000 Strasbourg, France. EUROBOGEN develops, offers, and delivers in-person training courses for both internal and external companies, open and distance learning courses via e-learning, virtual classrooms, or remote learning, as well as blended learning programs combining in-person and e-learning components.
EUROBOGEN also conducts studies, provides consulting services, and offers advisory services to companies, associations, local authorities, institutions, and NGOs.
All EUROBOGEN services will be referred to hereafter as the “Service Offer(s).”
These general terms and conditions of sale (hereinafter referred to as the “Terms”) apply to all service orders placed with EUROBOGEN by any professional client (hereinafter referred to as the “Client”). EUROBOGEN reserves the right to update the Terms at any time. The Terms in effect on the date of the order are available on the website www.eurobogen.com.
Placing an order implies the Client’s full and unreserved acceptance of these Terms. Any conflicting terms and conditions, and in particular any general or specific terms and conditions stipulated by the Client, shall not prevail over these Terms unless formally accepted in writing by EUROBOGEN, regardless of when they may have been brought to its attention.
The Client undertakes to comply with and ensure compliance with these Terms by all of its employees, agents, and representatives.
The documents constituting the contractual relationship are, in order of importance, as follows:
– The Contract; this specifies the title of the training course, the identity and number of participants, the duration of the training, the delivery methods, and the logistical, insurance, and security aspects. The contract also specifies the issuance of a certificate, and any applicable certification[i] for the training, as well as its price and any financial contributions from the various parties. All Contracts will be drawn up in accordance with the applicable legal and regulatory provisions, and more specifically, Articles L6353-1 and L6353-2 of the French Labor Code.[ii]
– These General Terms and Conditions.
– The appendices. In particular, the training content as presented by EUROBOGEN and accepted by the Client will be appended to the contract.
The certificate of participation is sent by EUROBOGEN after the training.
EUROBOGEN holds QUALIOPI certification. If payment is to be made by the Client’s OPCO (Skills Operator), the Client is responsible for submitting the funding request to the OPCO before the start of the training. The funding agreement (un accord de prise en charge) must be provided at the time of registration and included with the copy of the agreement that the Client returns signed to EUROBOGEN.
Any difference between the funding amount and the training cost will be invoiced directly to the Client by EUROBOGEN. If EUROBOGEN does not receive the OPCO’s funding agreement by the first day of training, EUROBOGEN reserves the right to invoice the Client for the full cost of the training.
Training materials are available in the learner space via digital formats no later than the day before the training. A printed version will be available on the day of the training upon explicit request from the Client.
The Client will inform each user that a cookie, which is a data file allowing EUROBOGEN to identify a user and used to record information essential for their navigation on the EUROBOGEN LMS learner platform, may be automatically installed on their browser.
The installed cookie contains only the user’s identifier and does not allow third-party websites to identify the user.
In the event that the number of participants in a corporate training course is insufficient to ensure the smooth running of the training session, EUROBOGEN reserves the right to postpone the training no later than one week before the scheduled date, without compensation.
Regardless of the type of training, upon written request before the start of the training, the Client has the option to replace a participant without additional charge.
Any started training course or program is payable in full, unless otherwise agreed by EUROBOGEN. Any cancellations of a training course initiated by the Client must be communicated in writing and according to the following conditions:
If a request is submitted more than 30 days before the start of the training: 10% of the training cost is due.
If a request is submitted 21 calendar days or less before the start of the training, 15% of the total cost (excluding fees) is due.
If a request is submitted 7 calendar days before the start of the training, 50% of the total cost (excluding fees) is due.
If a request is submitted 3 calendar days or less before the start of the training, 80% of the total cost (excluding fees) is due.
If a request is submitted on the training date specified in this agreement, 100% of the total cost (including fees) is due.
EUROBOGEN reserves the right to cancel or postpone the planned training courses without compensation, provided that the Client is informed with reasonable notice.
In the event that a Contract is agreed between the Client and EUROBOGEN without having paid for the previous training course(s), EUROBOGEN may, without further reason and without incurring any liability, refuse to honor the Contract and to deliver the said training courses, without the Client being able to claim any compensation whatsoever, for any reason whatsoever.
All prices are quoted in EUROS and are exclusive of tax. They might be increased by VAT at the applicable rate. EUROBOGEN invoices for training services not subject to VAT will specifically state “VAT exempt – Art. 261.4.4 a of the French General Tax Code (CGI).”
Travel expenses for consultants/trainers, as well as room rental, documentation, and equipment rental fees, will be invoiced separately.
Unless otherwise specified in the agreement, invoices are payable within thirty (30) calendar days from the invoice date, without discount, to EUROBOGEN SASU. Electronic invoicing (ChorusPro) may be used.
A deposit of 30% of the service fee is payable 15 days after signing the contract and/or immediately after submission of the final training plan, which must be approved by the Client.
Any sum not paid by the due date will incur late payment penalties equal to the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points. These penalties are automatically due, without prior notice, from the first day of late payment.
Furthermore, in accordance with applicable laws and regulations, any sum not paid by the due date will incur a fixed recovery fee of fourty euros (EUR 40) from the Client. This fee is automatically due, without prior notice, from the first day of late payment and for each invoice unpaid by its due date.
EUROBOGEN undertakes to provide training diligently and carefully. As this is an intellectual service, EUROBOGEN is only bound by an obligation of means. Consequently, EUROBOGEN will only be liable for direct damages resulting from the improper performance of its training services, excluding any consequential or indirect intangible damages.
In any event, EUROBOGEN’s total liability, under or in connection with the training, will be limited to the total price of the training.
The Client agrees to:
– ensure that a designated person at the Client’s company maintains a professional and constructive relationship with EUROBOGEN to ensure the smooth running of the process, including registrations, invitations, logistics, and communication/administration with EUROBOGEN’s offices;
– pay the training fees;
– refrain from reproducing any materials or documents whose copyright belongs to EUROBOGEN without EUROBOGEN’s prior written consent;
– refrain from using any audio or video recording equipment during the training sessions without EUROBOGEN’s prior written consent.
It is agreed that any information disclosed by EUROBOGEN during or in connection with the training must be considered confidential and may not be communicated to third parties or used for any purpose other than the training, which is intended to be within the context of the work and solely for the benefit of the registered trainees.
The ownership rights to all information disclosed by EUROBOGEN, regardless of its nature, medium, or method of communication, during or in connection with the training, remain the exclusive property of EUROBOGEN. In the case of the purchase of intellectual services (their content) or in the case of collaborative work, an appendix will specify the terms of this arrangement.
Consequently, the Client undertakes to keep the information secure and to apply the same protective measures as those it normally applies to its own information. The Client guarantees that the trainees will comply with these confidentiality and storage stipulations.
– that neither he nor any person under his responsibility or acting on his behalf or for his account has granted or will grant any offer, remuneration, payment, or benefit of any kind that constitutes or may constitute, under the regulations applicable to the Contract and the parties, an act or attempted act of corruption or influence peddling, directly or indirectly, for the purpose of or in exchange for the granting of an advantage (hereinafter, “Acts of Corruption”).
The Client shall ensure that an investigation is conducted diligently in the event of evidence or suspicion relating to the commission of an Act of Corruption and that it is reported to EUROBOGEN.
– that he himself and all persons under his responsibility or acting on his behalf or for his account are aware of and comply with all applicable anti-corruption laws and regulations;
– that he has implemented rules and procedures to ensure compliance with said laws and regulations.
Any failure to comply with any of the above obligations will entitle EUROBOGEN to terminate the Contract immediately and/or to claim damages.
16.2 EUROBOGEN guarantees:
– to process participants’ personal data internally only and strictly for the purposes of the training;
– to retain personal data for three (3) years or longer to comply with legal obligations, resolve any disputes, and enforce contractual commitments;
In the event of subcontracting, EUROBOGEN guarantees that its subcontractors will comply with all its commitments regarding the security and protection of personal data.
The Client authorizes EUROBOGEN to mention its name, logo, and to refer to the service provider work performed for it, unless other requirements have been made.
Learners’ personal data is used strictly for the purposes of registration, delivery, and monitoring of their training by the EUROBOGEN departments responsible for data processing. This data is necessary for the delivery of the training, in accordance with Article L 6353-9 of the French Labor Code and the EUROBOGEN services.
It is retained for the legally required period for administrative and financial audits applicable to training activities. In accordance with data protection regulations, trainees have the right to access, rectify, and restrict the processing of their data, as well as the right to object to its processing and, where applicable, the right to data portability. These rights can be exercised by contacting EUROBOGEN, Data Protection Officer ifd@eurobogen.com at 7 rue Kant, 67000 Strasbourg, France.
Trainees also have the right to lodge a complaint with a supervisory authority if necessary.
As the data controller for its personnel file, the Client undertakes to inform each trainee that personal data concerning them is collected and processed by EUROBOGEN for the purposes of carrying out and monitoring the training under the conditions defined above.
Contracts and all relations between the Client and EUROBOGEN are governed by French law. Any disputes that cannot be resolved amicably within sixty (60) days from the date of the first presentation of the registered letter with acknowledgment of receipt, which the party raising the dispute must send to the other party, shall be subject to the exclusive jurisdiction of the Commercial Court of Strasbourg.
[i] The sanction allows the holder to prove that he has completed a training course and to be eligible for a competition, a position or a mission.
[ii] Check here : https://www.legifrance.gouv.fr/affichCodeArticle.do?idArticle=LEGIARTI000037386198&cidTexte=LEGITEXT000006072050&dateTexte=20190101