1. Presentation
Hexagone Executive is a professional training organization headquartered at 12, parvis du Colonel Arnaud Beltrame – 78000 Versailles (France). Hexagone Executive develops, offers and delivers face-to-face inter and intra-company training courses.
2. Object
These general terms and conditions of sale (hereinafter referred to as the “GTC”) apply to all Hexagone Executive Training Offers relating to orders placed by any professional customer (hereinafter referred to as “the Customer”). Placing an order implies the Customer’s full and unreserved acceptance of these GTC. Any condition to the contrary, and in particular any general or specific condition opposed by the Customer, shall not prevail over these GTC, unless Hexagone Executive formally accepts it in writing, regardless of the time at which it may have been brought to its attention. The fact that Hexagone Executive does not avail itself at a given time of any of these GTC shall not be construed as a waiver of its right to do so at a later date. The customer is responsible for compliance with these GCS by all its employees, servants and agents.
The Customer also acknowledges that, prior to placing any order, he/she has received sufficient information and advice from hexagone Executive, enabling him/her to ensure that the Training Offer meets his/her needs.
3. Financial terms and conditions
Price list
All prices are in euros and exclusive of tax. VAT will be added at the current rate. Any bank charges incurred by the method of payment used will be borne by the Customer. The proposal and prices indicated by Hexagone Executive in its quotations are valid for 3 months. For in-house training courses, any additional costs agreed with the customer (room hire, documentation and equipment hire, etc.) are invoiced in addition, unless otherwise specified.
Payment terms for training courses
Payment of 30% of the course fee is due at the time of registration, with the balance due on receipt of invoice, and no later than 30 days from the invoice date. Any sum not paid by the due date will automatically incur penalties equal to three times the legal interest rate, without prior notice. Hexagone Executive shall have the right to suspend the service until full payment has been made and to obtain payment by legal means at the Customer’s expense, without prejudice to any other damages which may be due to Hexagone Executive. In accordance with article L 441-6 of the French Commercial Code, any payment after the due date will give rise to the payment of a fixed indemnity of €40 for collection costs. An additional indemnity may be claimed, with justification, if the collection costs incurred exceed the amount of the fixed indemnity.
Cancellation or postponement of face-to-face training courses at the customer’s initiative
In the event of late cancellation by the Customer of a training session registration, compensation is payable as follows:
- Postponement or cancellation communicated at least 30 working days before the session: no compensation,
- Postponement or cancellation communicated less than 30 days and at least 10 working days before the session: compensation of 30% of the course price,
- Postponement or cancellation communicated less than 10 working days before the session: compensation of 60% of the training price.
Abandon
In the event of the trainee dropping out during the course, the full course fee will be payable. If the training is financed by an OPCO, days or half-days not completed by the trainee and not billable to the OPCO will be invoiced to the customer.
Agreements
For each training course, an agreement drawn up in accordance with articles L 6353-1 and L 6353-2 of the French Employment Code is sent in duplicate, one of which must be returned by the customer, signed and stamped by the company.
Insufficient number of participants in a training session: if the number of participants is insufficient to ensure the smooth running of the training session, Hexagone Executive reserves the right to postpone the training session no later than 4 working days before the training start date, without compensation.
OPCO financing and payment subrogation
The customer applies to the OPCO for financing and subrogation, if he so wishes. The financing agreement must be communicated to Hexagone Executive at the time of registration and specified in the training agreement. In the event of partial financing by the OPCO, the difference will be invoiced directly by Hexagone Executive to the customer. If Hexagone Executive does not receive the funding agreement from the OPCO by the first day of training, Hexagone Executive reserves the right to invoice the Customer for the full cost of training.
End-of-training certificates
A certificate, specifying the nature, skills acquired and duration of the session, will be given to the beneficiary at the end of the service, as well as an evaluation form when requested by the financer.
4. Customer commitment
Employee profit-sharing
The customer undertakes to ensure the presence of the participant(s) at the dates, places and times specified above. When training takes place on Hexagone Executive’s premises, participants agree to abide by the company’s internal rules, which are posted on the premises. They are strictly forbidden to take away any hardware or software belonging to Hexagone Executive, even temporarily.
Special case of in-house training (on company premises)
When a training course is held on the customer’s premises, the customer undertakes to provide the hardware and software required for the course, the characteristics of which will have been specified by Hexagone Executive.
5. Liability
Limitation of Hexagone Executive’s liability
Whatever the type of service, Hexagone Executive’s liability is expressly limited to compensation for direct damage proven by the Customer. Hexagone Executive’s liability is limited to the amount of the price paid by the Customer for the service in question. In no event will Hexagone Executive be liable for indirect damages such as loss of data or files, operating loss, commercial loss, loss of profit, damage to image or reputation.
Force majeure
Hexagone Executive may not be held liable to the Customer in the event of non-performance of its obligations resulting from an event of force majeure. In addition to those normally recognized by the case law of the French Courts and Tribunals, and without this list being restrictive, the following are considered to be cases of force majeure or fortuitous event:
- Sickness or accident of a trainer,
- Strikes or industrial disputes outside Hexagone Executive,
- Natural disasters, fires,
- Failure to obtain visas,
- Laws or regulations introduced after the agreement has been signed,
- Interruption of telecommunications, interruption of power supply, interruption of communications or transportation of any kind, or any other circumstance beyond the reasonable control of Hexagone Executive.
6. Intellectual property
All content and teaching aids, whatever their form (paper, electronic, digital, oral, etc.) used by Hexagone Executive to provide training, remain the exclusive property of Hexagone Executive and its training consultants. As such, they may not be used, transformed, reproduced or exploited in any way not expressly authorized within or outside the Customer without the express consent of Hexagone Executive. The customer undertakes not to use the content of the training courses to train anyone other than his own staff, and is liable under articles L. 122-4 and L. 335-2 et seq. of the French Intellectual Property Code in the event of unauthorized transfer or communication of the content. Any reproduction, representation, modification, publication, transmission or distortion, whether total or partial, of the training content is strictly forbidden, regardless of the process or medium used. In any event, Hexagone Executive remains the owner of its tools, methods and know-how developed prior to or during the performance of services for the Customer.
7. Privacy
The parties undertake to keep confidential all information and documents concerning the other party, of any nature whatsoever, whether economic, technical or commercial, to which they may have access during the performance of the contract or during exchanges prior to the conclusion of the contract, in particular all information contained in the commercial and financial proposal sent by Hexagone Executive to the Customer. Hexagone Executive undertakes not to communicate to third parties other than its affiliates, partners or suppliers, any information transmitted by the Customer, including information concerning Users. Hexagone Executive is liable under articles L. 122-4 and L. 335-2 et seq. of the French Intellectual Property Code in the event of unauthorized transfer or communication of content. Any reproduction, representation, modification, publication, transmission or distortion, whether total or partial, of the training content is strictly forbidden, regardless of the process or medium used. In any event, Hexagone Executive remains the owner of its tools, methods and know-how developed prior to or during the performance of services for the Customer.
8. Communication
The Customer agrees to be listed by Hexagone Executive as a customer of its services, at Hexagone Executive’s expense. Hexagone Executive may mention the Customer’s name, logo and an objective description of the nature of the services covered by the contract in its reference lists and proposals to prospects and customers, in particular on its website, in discussions with third parties, in communications to its staff, in internal management planning documents, and in the event of legal, regulatory or accounting provisions requiring it to do so.
9. Personal data protection
Trainees’ personal data is used strictly within the framework of registration, execution and follow-up of their training by the Hexagone Executive departments in charge of processing. These data are necessary for the execution of the training in application of article L 6353-9 of the French Labour Code and Hexagone Executive associés services. They are kept for the statutory period of administrative and financial controls applicable to training programs. In accordance with regulations on the protection of personal data, trainees have the right to access, rectify and limit the processing of their data, as well as the right to object to and port their data, if applicable. This right may be exercised by contacting HEXAGONE SAS, 12 parvis du Colonel Arnaud Beltrame, 78000 Versailles. The trainee also has the right to lodge a complaint with a supervisory authority if necessary. As the party responsible for processing its staff files, the Customer undertakes to inform each trainee that personal data concerning him/her is collected and processed by Hexagone Executive for the purposes of carrying out and monitoring the training under the conditions defined above.
10. Applicable law
These General Terms and Conditions of Sale are governed by French law. In the event of a dispute arising between the customer and Hexagone Executive during the performance of the contract, an amicable solution will be sought. Failing this, the dispute will be settled by the Versailles Commercial Court.