General Sales Conditions
In effect from 01 January 2021
Client : PERCENTAM co-contractor
Contract : professional training agreement concluded between PERCENTAM and the Client.
This agreement may take the form of a formal contract, a purchase order issued by the Client and validated by PERCENTAM or an invoice issued for the performance of professional training actions.
Inter-company training :
Public training carried out in the premises of PERCENTAM or in premises made available to it by any third party and / or remotely.
Intra-company training :
Tailor-made training on behalf of the Client, carried out at the premises of the Client, PERCENTAM, any third party and / or remotely.
Any Contract implies unreserved acceptance by the Client and full acceptance of these General Conditions which prevail over any other Client document, and in particular over all general purchasing conditions. No derogation from these General Conditions is opposable to PERCENTAM if it has not been expressly accepted in writing by the latter.
The Contract will specify the title of the training, its nature, its duration, its staff, the methods of its conduct and the sanction of the training as well as its price and any financial contributions from public persons. Any Contract will be established in accordance with the legal and regulatory provisions in force and more specifically in accordance with Articles L6353-1 and L6353-2 of the French Labor Code.
The Client has the following options for registering :
- Through our website at : https://percentam.com
- By e-mail to the address specified on the product sheet on the website
The registration, regardless of the means by which it was made, has the value of a purchase order ; it commits the person who made the registration and the company that employs him vis-à-vis PERCENTAM, and constitutes unreserved acceptance of its General Sales Conditions.
Registration requests will include all the information enabling a simplified professional training agreement to be drawn up.
In the event that a training session is already complete at the time of receipt of one or more registrations, PERCENTAM undertakes to immediately notify each trainee and to offer him priority registration for the next session of the training concerned.
Each registration is personal. If several people from the same company wish to participate, it is necessary to indicate the LAST NAME and first name of each person in the transmitted registration request.
Upon request, a minimum non-refundable deposit of 25% of the registration fee is required to reserve training dates.
If the invoice must include an order number, please communicate it with the registration request before the date of the training.
As long as the duly completed request (the date and time of receipt being proof) has not been received, PERCENTAM reserves the right to freely dispose of places for the training session.
As soon as the registration is validated, PERCENTAM sends an electronic confirmation of registration, on the one hand to the participant, and on the other hand, to the training manager or to the person responsible for the administrative management of the specified registration. at the location indicated on the registration request.
Fifteen days before the training, PERCENTAM sends an invitation email to the participant and, at the same time, to the training manager or the person responsible for the administrative management of the registration, indicating the exact place and time of the training.
Once the training has been completed, PERCENTAM sends the final invoice to the funding institution with the purchase order number given by the Client. If applicable, this invoice constitutes a training agreement under Articles L6353-2 and D6353-1 of the French Labor Code.
Fifteen days before the training, PERCENTAM sends an invitation email to the participant and, at the same time, to the training manager or the person responsible for the administrative management of registration, indicating :
- Connection links to the distance learning tool
- The contact details of the trainer and the technical resource capable of helping the participant in the event of a connection difficulty
PERCENTAM reserves the right to cancel or postpone planned training without compensation, subject to informing the Client with reasonable notice.
Under no circumstances will PERCENTAM be required to reimburse, in the event of postponement or cancellation of training, the costs of booking the trainee’s travel and accommodation tickets, taken for the training.
To be taken into account, any cancellation must be confirmed in writing to PERCENTAM : an acknowledgment of receipt will be sent by return to the participant, the training manager or the person responsible for the administrative management of registration.
For any cancellation of training received more than five working days before the first day of training, the training will be invoiced at 25%. After this date, and until the day of the training, the full cost of the training will be retained and invoiced.
For any training which the participant did not attend or attended only partially, the participation fee will be invoiced at 100%.
Whatever the type of training, on written request before the start of the training, the Client has the possibility of replacing a participant without additional invoicing, if and only if the participant is replaced by an employee of the same company within the same conditions as the initial registration and if the latter meets, if any, the conditions required to be able to follow the training according to what is specified on the product sheet on the website.
In the event that a Contract is concluded between the Client and PERCENTAM without having paid for the previous training (s), PERCENTAM may, without any other reason and without incurring any liability, refuse to honor the Contract. and to deliver the training concerned, without the Client being able to claim any compensation, for any reason whatsoever.
More broadly, PERCENTAM reserves the right to refuse any registration for legitimate and non-discriminatory reasons, or specified on the product sheet.
PERCENTAM is committed to providing training with reasonable care and diligence. As this is an intellectual service, PERCENTAM is only bound by an obligation of means. Consequently, PERCENTAM will be liable only for direct damage resulting from poor execution of its training services, to the exclusion of any intangible or indirect damage, whether consecutive or not. Under no circumstances can PERCENTAM be held responsible for the failure of the trainee in the certification assessments, for which the training provided by PERCENTAM prepares. In any event, PERCENTAM’s overall liability, in respect of or on the occasion of the training, will be limited to the total price of the training.
The Client undertakes to :
- Pay the cost of training ;
- Not to make any reproduction of material or documents whose copyright belongs to PERCENTAM, without the prior written consent of PERCENTAM ;
- Do not use audio or video recording equipment during training without the prior written consent of PERCENTAM.
For inter-company training, the current price is the individual price indicated on the product sheet on the website. This price includes the training, the educational documentation given to each participant, the electronic files made available if necessary. Meals are not included in the price of the training.
For intra-company training, the current price is the group rate indicated on the product sheet on the website. This price includes the costs related to a day of educational engineering, the completion of the training and the educational documentation given to each participant. If necessary, the additional educational engineering days required to adapt the training content to the client’s needs will be charged at a rate of 0.5 times the daily rate (for example, for a two-day training course at € 3,500, the daily rate corresponds to € 1,750 and the educational engineering day is € 875). Where applicable, travel and catering costs will be added in addition.
All prices are indicated in euros and excluding taxes. They are to be increased by taxes at the rate in force on the date of issuance of the corresponding invoice.
Invoices are payable thirty (30) calendar days from the date of issue of the invoice, without discount and to the order of PERCENTAM.
Any sum not paid on the due date will give rise to the payment by the Client of late payment penalties equal to the interest rate applied by the European Central Bank to its most recent refinancing operation (minimum 0%) increased by 10 percentage points. These penalties are payable as of right, without prior notice, from the first day of late payment compared to the due date of payment.
In addition, in accordance with the laws and regulations in force, any sum not paid on the due date will give rise to the payment by the Client of a lump sum compensation for recovery costs in the amount of forty euros (€ 40) mentioned in the article L441-6 of the French Commercial Code. This compensation is due automatically, without prior formal notice from the first day of late payment and for each unpaid invoice when due.
If the Client wishes the payment to be made by the Skills Operator on which he depends, he is responsible for :
- making a request for support before the start of the training and to ensure the successful completion of this request ;
- indicating this explicitly on his registration request or on his purchase order ;
- ensuring the successful completion of payment by the Skills Operator designated by him.
For its part, PERCENTAM undertakes to provide the funding body, subject to the client having complied with the commitments described above, all the elements necessary to support the training.
If the Skills Operator only partially supports the cost of the training, the remainder will be charged to the Client.
If PERCENTAM has not received support from the Skills Operator on the 1st day of the training, the Client will be invoiced for the full cost of the training concerned by this funding.
In the event of non-payment by the Skills Operator, for any reason whatsoever, the Client will be liable for the full cost of the training and will be charged the corresponding amount.
As part of an environmental commitment, all training documentation is delivered on electronic media.
It is expressly agreed that any information disclosed by PERCENTAM for or during training must be considered confidential (hereinafter “Information”) and may not be communicated to third parties or used for a purpose other than that of training, without the prior written consent of PERCENTAM. The right of ownership over all Information that PERCENTAM discloses, regardless of the nature, medium and mode of communication, as part of or during training, belongs exclusively to PERCENTAM. Accordingly, the Client agrees to keep the Information in a safe place and to provide at least the same protective measures as those it usually applies to its own information. The Client is committed to the respect of these confidentiality and conservation stipulations by the learners.
The disclosure of Information by PERCENTAM may in no case be interpreted as conferring, expressly or implicitly, any right (under the terms of a license or by any other means) on the Information or other rights attached to intellectual and industrial property, literary and artistic property (copyright), trademarks or trade secrets. Payment of the price does not effect any transfer of intellectual property rights to the Information.
By derogation, PERCENTAM grants the learner, subject to the rights of third parties, a non-exclusive, non-transferable and strictly personal license to use the training material provided, regardless of the medium. The learner has the right to make a photocopy of this material for his personal use for study purposes, provided that the mention of the copyright of PERCENTAM or any other mention of intellectual property is reproduced on each copy of the Training Support. The learner and the Client do not have the right, except with the prior agreement of PERCENTAM :
- To use, copy, modify, create a derivative work and / or distribute the training material except as provided in these General Conditions ;
- To disassemble, decompile and / or translate the training material, unless legal provisions to the contrary and without the possibility of contractual waiver ;
- To sub-license, rent and / or lend training support ;
- To use the associated support for purposes other than training.
As part of the training, PERCENTAM collects personal data. This data can be shared with third-party companies (service providers, subcontractors, etc.) for the strict need of training. The information contained in the registration request is necessary to complete the administrative and legal formalities related to registration. The email address is required to communicate registration confirmation as well as various practical information such as the location of the training and the training certificate. It also enables you to send you PERCENTAM information concerning training programs. All these data are used by PERCENTAM for the management and promotion of its training actions, excluding any sale or rental of its file, and are subject to computer processing.
The personal data of trainees are used within the strict framework of the registration, execution and monitoring of their training by the PERCENTAM services in charge of processing. These data are necessary for the execution of the training in application of article L 6353-9 of the French Labor Code, including access to e-learning platforms and more generally to the customer portal. They are kept for the legal prescription period for administrative and financial controls applicable to training actions.
In addition, data subjects have the right to access, rectify, erase, limit, portability and affix their personal data concerning them and can revoke their consent to processing at any time. The persons concerned will be likely to assert their rights directly with PERCENTAM or with any service provider or subcontractor, who undertakes to comply with them within the regulatory deadlines and to inform PERCENTAM thereof, by writing to the following address : email@example.com
In accordance with the essential requirement of security of personal data, PERCENTAM undertakes, within the framework of the execution of its training courses to take all useful technical and organizational measures in order to preserve the security and confidentiality of personal data and in particular to ” prevent them from being distorted, damaged, lost, misappropriated, corrupted, disclosed, transmitted and / or communicated to unauthorized persons.
Therefore, PERCENTAM is committed to :
- Only process personal data for strictly training needs ;
- Keep personal data for three (3) years or longer to comply with legal obligations, resolve any disputes and enforce contractual commitments ;
- In the event of communication to partners, PERCENTAM strives to ensure that its partners respect all of its commitments in terms of security and protection of personal data.
The Client expressly authorizes PERCENTAM to mention its name, its logo and to mention as references the conclusion of a Contract and any operation resulting from its application in all of their commercial documents.
The Contracts and all relations between PERCENTAM and its Client are governed by French law. All disputes which cannot be settled 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 have sent to the other, will be the exclusive jurisdiction of the Commercial Court of Lyon regardless of the seat of the Client, notwithstanding multiple defendants or call in warranty.