Terms of Sale

Purpose

These terms of sale (the "Terms") apply to all offers relating to training services. Placing an order implies the client's full and unreserved acceptance of these Terms. No contrary condition put forward by the client may prevail over these Terms unless formally accepted in writing by ESIC. These Terms may change; the applicable version is the one available at www.esic.fr on the date of the order. The client acknowledges having received, prior to any order, sufficient information and advice to satisfy itself that the offer meets its needs.

Orders

Any order for inter-company training implies that the client accepts the program presented at www.esic.fr on the date of the order. Any order for in-company training implies that the client accepts the content described in the collaboration proposal (covering both teaching and financial terms), of which it holds a copy. Signing the purchase order or approving the proposal constitutes knowledge and acceptance of these Terms.

Prerequisites

ESIC specifies in its programs the prior knowledge required to follow each training under optimal conditions. It is the client's responsibility to ensure that every enrolled participant meets these prerequisites. ESIC cannot be held liable for any mismatch between the training attended and the participants' initial level.

Services

ESIC provides inter-company and in-company training services. As required to deliver the training, ESIC may install software on the client's workstations or make equipped workstations available. In such cases, the client acquires no rights in the software, only its provision for the purposes and duration of the training.

Prices and Payment Terms

Our prices are stated in euros, exclusive of tax, to which the applicable VAT rate must be added. The invoice is sent to the client after the service has been performed. Where funding is provided by a skills funding body (OPCO), it is the client's responsibility to apply for it before the training begins and to submit the funding agreement at the time of enrollment. If the agreement does not reach us by the first day of the training, all fees may be invoiced to the client. Should the OPCO fail to pay, for any reason whatsoever, the invoice becomes payable by the client. Any course that has begun is due in full.

Training Agreement

Our invoices serve as a simplified training agreement. A standard training agreement can be provided on request.

Attendance Notices

ESIC cannot be held liable if an attendance notice is not received at the client's premises, in particular where a participant is absent. It is the client's responsibility to ensure that its participants are enrolled and that they attend the training.

Cancellation, Absence, and Postponement of Enrollment

Any cancellation of an enrollment must be reported by telephone and confirmed in writing.

• A cancellation more than two weeks before the start of the course results in no charge.
• A cancellation between one and two weeks before the start of the course results in a charge of 50% of the total cost of the course.
• A cancellation less than one week before the start of the course results in a charge for the full cost of the course.

A postponement occurring less than two weeks before the start of the course is treated as a cancellation. If the participant is absent, the ordered service is charged in full.

Cancellation of a Course

ESIC reserves the right to cancel any course in the event of an insufficient number of participants or a technical or logistical problem, without compensation. Participants are then notified at least one week before the start of the course and offered new dates or locations, which give rise to a new order.

Payment

Invoices may be paid by check or bank transfer. Invoices are payable within 30 days of their date at the latest, net and without discount, unless a due date is stated on the invoice. Any late payment automatically gives rise to:

• late-payment interest at a rate equal to three times the statutory interest rate;
• the immediate payability of any invoices not yet due.

In accordance with Article L. 441-10 of the French Commercial Code, any payment made after the due date gives rise to a fixed recovery-cost indemnity of 40 euros, without prejudice to additional compensation on supporting evidence. ESIC also reserves the right to suspend or cancel services in progress, without any damages payable to the client.

Intellectual Property

The client shall not use the training content to train anyone other than its own staff and shall be liable under Articles L. 122-4 and L. 335-2 et seq. of the French Intellectual Property Code in the event of any unauthorized transfer or disclosure. Any reproduction, performance, modification, publication or transmission, in whole or in part, of the training content is strictly prohibited, whatever the process or medium used.

Limitations of Liability

ESIC cannot be held liable for any technical failure of the equipment or any cause beyond its control. Its liability is expressly limited to compensation for direct damages proven by the client and capped at the amount paid for the service concerned. In no event may ESIC be held liable for indirect damages (loss of data, loss of business, commercial harm, loss of profit, or damage to reputation).

Force Majeure

ESIC cannot be held liable for any failure to perform its obligations resulting from an event of force majeure. Such events include, without limitation: the illness or accident of an instructor, strikes or labor disputes, natural disasters, fires, interruption of telecommunications, of the energy supply or of transportation, or any other circumstance beyond ESIC's reasonable control.

Protection of Personal Data

As the controller of its staff records, the client undertakes to inform each user that:

• personal data concerning them is collected and processed by ESIC for the purpose of delivering and monitoring the training;
• users' login activity and training progress are data accessible to its departments;
• in accordance with the GDPR and the French Data Protection Act of January 6, 1978, the user has a right to access, modify and rectify their data, which may be exercised by a request stating their identity.

ESIC's processing of personal data is described in detail in its privacy policy.

Governing Law and Jurisdiction

These Terms are governed by French law. In the event of a dispute arising in connection with the performance of the contract, an amicable solution will be sought and, failing that, the matter will fall within the jurisdiction of the Paris Commercial Court. Placing an order entails acceptance of these terms of sale.