GCS

Share imprimer

Introduction

The general sales conditions are applied to all sales made by the company WRM hereinafter referred to as LearnPerfect with our professional customers hereinafter referred to as clients.

Learnperfect is a continuing training company registered under a declaration of existence No. 117 536 371 75.

By validating its order, the Client understands and accepts the terms and conditions of the aforementioned order and all the terms of the GCS (General Conditions of sale).

Definition

“Service” means the services provided by LearnPerfect and include training, support and advice services and invoiced services which the employees of a Client benefit as part of the training activities and / or diffusion of pedagogical resources (teaching software, pedagogical materials ...).

"Client" is a company that wishes to benefit from actions regarding: training, products, services, consulting related to the field of Languages learning, Office, Information Technology, Internet and Multimedia, management, leadership, personal development... (Non exhaustive list) and other topics covered by LearnPerfect.

“Duration of use” means the duration of the service provided to a user. All training’s duration is predetermined and cannot exceed 12 months (anniversary date). We refer to the start date of the training, as the the date of registration or the beginning of service for of e-learning contents.

In the case where the training has been validated (when a customer returns his purchase order or agreement or any other document accepted as a purchase order), and has not started within the first 6 months following registration, Learnperfect reserves the right to charge  the aforementioned order without notice.

Object

The General Conditions of sale aims at  defining the terms and conditions in which Learnperfect provides the Service to which the Client has subscribed as well as the functioning and use of the said service.

Duration

This contract comes into effect from the signing of the quotation by the client or the service agreement signed by both parties for the time period which is necessary for the training or service to be completed.

Order

Any order implies that the Client accepts the course or service content including the prerequisites which he agrees to having read before.

Cancellation of registration

All registrations cancellations must be notified by telephone as soon as possible and confirmed in writing.

LearnPerfect reserves the right to charge the development work (registration in our computer system, registering to a quiz, evaluation or recommendation to the client ...) for a cost equivalent to 10% of the total cost of the service ordered.

Cancellation

The agreed deadlines for cancellations are specific to the type of service selected and the formula chosen by the Client. The conditions are given either on the purchase order or in the service agreement signed. Failure to cancel a training program or a course within the time limits set, leads to a 100 % charge of the total amount payable. If this cancellation is within the time limit, the training course can be scheduled according to the room and trainer availability and as soon as possible.

Prices

Prices are set according to the training theme, software, pedagogical method, location, specificity or technical level, the number of participants in the same training session or according to services that LearnPerfect is able to providefor the Client.

Prices indicated do not include taxes (VAT: 20%). They are deductible from the firm’s participation in the financing of professional training whether it is continuous or not.

Prices are subject to change without prior notice with the exception of negotiated frameworks contracts.

Each specific request is subjected to a quotation from LearnPerfect which is addressed to the client and implies the acceptance of the general conditions of sales.

The period for which our prices are valid is of 3 months from the date mentioned in the quotation.

Agreement

A training agreement is made between the parties under the Labour Code. This agreement targets the training actions undertaken by the trainess of the company. They are nominative.

The subject and duration of the training are specified in the training programs document presented.

Upon completion of the training, a training certificate is provided by LearnPerfect which is directly accessible online.

Our invoices act as simplified agreement. However, a standard training agreement is available online for the Client.

 

LearnPerfect’s Responsibility 

LearnPerfect is expressly required hereunder to an obligation of means.

Responsibility of LearnPerfect cannot be sought in the execution of services when there are:

  • Fault, negligence, omission or failure of the Client, misuse of equipment or software, inadequate staff training, non-compliance of advice provided etc.
  • Force majeure events or incidents independent of the will of LearnPerfect such as strikes, social unrest, etc.
  • Failure, neglect or omission of a third party over which LearnPerfect has no supervisory control (PTT, EDF ...)

Or in case of indirect damages such as commercial loss, loss of customers or goodwill suffered by the customer or a third party resulting in inadequate services or training courses used by the company’s employees. 

 

Advertising

LearnPerfect is allowed (unless otherwise specified by the client) to quote as reference the name of its clients and the nature of the service provided.

 

Payment Terms

In the absence of specific provisions expressly agreed, billing is done the next day following the customer’s acceptance of the purchase order.

In the absence of specific provisions expressly agreed in the purchase order, payment is due within 30 days net upon receipt of the invoice and according to the terms mentioned on it.

In the event of late payment, the Client agrees to pay penalties that shall commence on the day after the agreed settlement date. The annual interest rate for penalties is 15 % in accordance with the provisions of Article L441-6 of the Commercial Code.

Billing settlements can be made by bank transfer or bank details or check payable to LearnPerfect indicating the invoice number.

The invoice and training-related items can be sent directly to a Training fund management agency (OPCA) provided we receive from this organisation a purchase order before the delivery of training and that LearnPerfect accepts this billing method.

However, this flexibility does not relieve in any way the customer from the obligation of a purchase order or a signed agreement. In case of non-payment by the Training fund management agency, whatever the cause, the invoice becomes chargeable to the Client. Every training programme which has begun is considered due in full.

In the case of a CPF training (Personal training account), if the trainee for any given reasons can’t attend the training, certification, doesn’t connect to the e-learning platform or cancels the training, LearnPerfect reserves the right to bill the employee or the individual an equivalent amount of money for the cancelled training or for the service that should have been delivered.

 

Governing Laws and Jurisdiction

The General Conditions of sale are subject to French laws. In case of dispute concerning the application or interpretation of the General Conditions of sale, the parties agree to seek an amicable solution. Otherwise only courts falling under the sole jurisdiction of the Paris Court of Appeal will be competent.

This contract is subject to French laws.