GENERAL TERMS AND CONDITIONS - FORMATIONS&CO SA
Formations&Co reserves the right to modify or update its general terms and conditions at any time. The general terms and conditions applicable on the day of the order can be consulted on the www.formationsco.com website.
1. Presentation:
Formations&Co SA, whose head office is located at Rue de la Morâche, 1 - 1260 Nyon (Vaud - Switzerland) is an expert in language training. Offers a range of tools and training courses to improve personal and professional skills. All courses are developed and run by experienced, high-quality professionals.
2. Purpose:
These general terms and conditions of sale (hereinafter the "GTC") apply to all Formations&Co service offers relating to orders placed by any professional or private customer (hereinafter the "Customer"). Placing an order implies the customer's full and unreserved acceptance of these GTC. Any condition to the contrary and any general or specific condition opposed by the customer may not, unless Formations&Co formally accepts it in writing, prevail over these GTC, regardless of the time at which it may have been brought to Formations&Co's attention. The fact that Formations&Co does not invoke any of these GTC at a given time may not be interpreted as a waiver of the right to invoke them later. The customer is responsible for compliance with these GTC by all of its employees, servants and agents. The customer also acknowledges that, prior to any order, he/she has received sufficient information and advice from Formations&Co, enabling him/her to ensure that the Service Offering meets his/her needs.
3. Learning programs definitions:
Each learning program corresponds to a goal to be achieved (by a learner or a group of learners). These programs are available as "private courses" for 1 to 2 learners, "group courses" for 3 to 6 learners, face-to-face, distance learning or Digital Learning. The price of the program as set out in the list of services and pricing is for periods of 30, 60, 90 or 120 minutes. At the customer's request and depending on requirements, these may be different, in which case the price will be adapted.
4. Method of payment:
Programmes are invoiced as soon as the offer has been validated and are payable on receipt of invoice for private customers and within 30 days for businesses. The learning programs are invoiced as soon as the offer is validated and payable within 30 days in accordance with the contractual terms and conditions. Formations&Co reserves the right to interrupt a programme if the terms of payment are not respected. In case of late payment, penalties will be applied at a rate of 5% per year from the due date, corresponding to the default interest rate defined in Article 104 of the Swiss Code of Obligations.
5. Validity of the learning programs:
Before the start of the program, the Formations&Co offer must be validated and ideally signed with a "Good for agreement" by the customer and returned to Formations&Co. This commits the customer to all our general conditions. The duration of the course is agreed between Formations&Co and the customer at the time of the offer. The presupposed end date of the course is calculated and depends on the type of programme and the periodicity of the courses chosen. If there is a delay due to the client, the learning program will end a maximum of 9 months after the last course date initially assumed.
6. Organisation, planning of sessions:
The trainer sets the timetable for the sessions in agreement with the learner. Any changes must be agreed between the trainer and the learner.
7. Postponement of sessions:
Up to 5 p.m. on the working day preceding the session, the learner may ask the trainer to postpone a session. For both administrative and pedagogical reasons, the missed session will then have to be rescheduled at a time agreed with the learner within three months. The postponement of a Monday session must be announced before 5 p.m. on the previous Friday. In the case of an intensive course, the postponement deadline is 5 working days before the scheduled date of the first session. Any session postponed outside this period will be billed. Postponed sessions do not give the right to an extension of the validity of the learning program.
8. Preparation sessions:
When a learning program requires specific preparation from the trainer (e.g. research and/or reading of specialised texts), or the correction of mock exams, Formations&Co reserves the right to invoice up to one session every 5 sessions, to allow the trainer to carry out this additional work. This preparation time will appear on the training report in the same way as the sessions given.
9. Change of learning program:
For pedagogical or administrative reasons, Formations&Co may transfer a learner to another group or modify its programme, at no additional cost to the customer or learner. However, if during the course of the programme, the customer or learner decides to change the format of the programme (e.g. private programme instead of a group programme, change of lesson duration, change of trainer, etc.), a fixed fee of ), a lump sum of CHF 150 will be charged as a contribution to Formations&Co's administrative costs and the balance of the sessions will be recalculated according to the price of the new programme. The composition of a group may be modified at the request of a client with the prior agreement of Formations&Co, at no additional cost to the client or the learner, as long as the training conditions signed beforehand remain identical (for example, same duration, number of learners in the group, etc.). Withdrawal of learners during the course of a programme does not entitle them to any discount.
10. Intensive learning program:
Intensive programmes include a minimum of 15 sessions of 60-minutes per week.
11. Distance Learning Programs by Visio or Digital-Learning:
Formations&Co will open the course credit after receipt of the duly signed offer and payment of the price of the chosen program. Formations&Co cannot under any circumstances refund or waive the price of these courses. The course credit is valid for the initial period agreed from the opening of the account. The pedagogical support relating to these courses is paid for by the customer.
12. Cancellation of a learning program:
The learning programs started with Formations&Co cannot be cancelled. If the learner is unable to continue the course, the credit balance may be allocated to another employee of the same company, within the validity of the programme. A lump sum of CHF 150 will be charged to cover Formations&Co's administrative costs. In the case of an intensive course, no credit balance may be allocated to another employee.
13. Confidentiality:
Formations&Co requires all its trainers to sign a confidentiality clause but cannot be held responsible for any breach of this obligation by a trainer. Formations&Co undertakes to observe total confidentiality with regard to information and private data which may come to its knowledge in the context of its business relations with its customers and in accordance with the Swiss data protection legislation (DPA).
14. Guarantees:
If applicable, Formations&Co undertakes to make every effort to allow access to its LMS platform, 7 days a week, 24 hours a day, for the duration of the rights of use of the services, except in the event of a breakdown or technical constraints linked to the specificities of the Internet network. The customer undertakes to inform Formations&Co within 24 hours of discovering a technical malfunction. Formations&Co will do its best to ensure that the LMS platform functions reliably and continuously. However, the customer acknowledges that no one can guarantee the proper functioning of the Internet network. In the event of an interruption of service by Formations&Co due to corrective maintenance, Formations&Co will do its utmost to remedy the malfunction within 48 working hours. After this period, Formations&Co will extend access to the services for the benefit of the users for a period corresponding to that of the unavailability. In the event of ongoing maintenance of its LMS platform, Formations&Co may also temporarily interrupt access. Formations&Co will then endeavour to limit the time during which the service is interrupted and will endeavour to inform the client in advance. The latter undertakes not to claim compensation or damages from Formations&Co. Formations&Co will extend access to the services for the benefit of the users for a period corresponding to that of the unavailability.
15. Telephone assistance available to the contact person:
Contractually designated by the customer, telephone assistance is available from 9 am to 5 pm on working days. The telephone assistance is intended to identify the malfunction and, depending on the difficulty encountered, either to provide an immediate response, or to specify the timeframe within which the response will be given. If the fault is Formations&Co's responsibility and subject to the customer's compliance with the conditions set out in these GTC, Formations&Co undertakes to do its utmost to resolve the fault or to provide an acceptable workaround solution as soon as possible.
16. Force majeure:
Formations&Co shall not be held liable to the customer in the event of non-performance of its obligations resulting from an event of force majeure. Are considered as force majeure or fortuitous event, in addition to those usually recognised by the jurisprudence of the Swiss Courts and Tribunals and without this list being restrictive: the illness or accident of a consultant or training leader, strikes or industrial disputes internal or external to Formations&Co, natural disasters, fires, 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 Formations&Co.
17. Intellectual property:
Formations&Co is the sole owner of the intellectual property rights of all materials bearing the Formations&Co or Speak'Pro brand. As such, they may not be used, transformed, reproduced, or exploited in any way not expressly authorised within or outside the client without the express agreement of Formations&Co. In particular, the customer undertakes not to use the content of materials bearing the Formations&Co or Speak'Pro brand to train persons other than its own staff and accepts liability under the Intellectual Property Code in the event of unauthorised transfer or communication of the content.
18. Miscellaneous:
These general terms and conditions may be amended at any time by Formations&Co. They are valid in their latest version and are attached to each offer sent by Formations&Co to its clients. Any changes will be communicated to the client, who must accept the new terms before they come into effect. They are deemed accepted unless the client rejects them in writing or requests that they be modified. Unless otherwise stated by the customer, Formations&Co reserves the right to use the name of its customers as a commercial reference.
19. Applicable law:
These general terms and conditions are subject to Swiss law. They are written in French (official Swiss language) and have been translated into one or more foreign languages for conveniency. Nevertheless, only the French text will be deemed authentic in the event of a dispute. All disputes to which these general terms and conditions may give rise, concerning their validity, interpretation, performance, termination, and consequences thereof, shall be submitted to the Court of Nyon (Vaud).