General terms and conditions
Article 1. PRESENTATION
These General Terms and Conditions of Sale – Training Services (hereinafter "GTC Training") apply to all dedicated or tailor-made training offers provided by the company ANEO, a simplified joint-stock company with a capital of 92,906 euros, registered with the Nanterre Companies Register under number 442 482 485, with its registered office at 122 Avenue du Général Leclerc in Boulogne-Billancourt (92100), a professional training organization declared to the Prefecture of Île-de-France under activity number: 11 92 16843 92. "Mauricette" is the Training brand of ANEO. ANEO reserves the right to revise these GTC Training at any time, with the new conditions applying to any new order, regardless of the prior relationship between ANEO and the client.
Article 2. ORDER
ANEO submits a commercial proposal within a maximum period of one month after the client finalizes the expression of their needs. Upon acceptance of the proposal by the client, ANEO prepares a quote or an order form. The order is deemed firm and final when the client returns, by any means (electronic transmission, mail), the signed quote or order form by a person expressly designated and authorized to commit their company, bearing the company's commercial stamp. In accordance with Article L 6353-1 of the Labor Code, a professional training agreement is established for each training action. A copy of this agreement, signed and stamped with the client's commercial seal, must be returned to ANEO no later than before the start of the training action. In the absence of a quote or order form, the client's signature on this agreement serves as firm and final confirmation of the order. The client acknowledges that, prior to signing the quote or order form or in the absence of the training agreement, they have received sufficient information and advice from ANEO, allowing them to ensure the adequacy of the service offer to their needs. Placing an order implies the client's full and unconditional adherence to these General Terms and any possible appendices, with the client vouching for their compliance by all its employees. The specific conditions in the training agreement take precedence over the GTC Training. Unless otherwise agreed by the parties, the training is organized within a maximum period of 3 months after placing the order.
Article 3. PRICES
The detailed price is specified in the order form/quote as well as in the training agreement. Prices are indicated in euros excluding taxes (HT) and will be subject to VAT at the prevailing rate. Depending on your needs, some training dates may be scheduled on weekends or holidays, resulting in a 50% increase in the daily training price. Any started training or course is due in full as compensation, even if one or more participants do not attend. The prices do not include additional costs (e.g., travel and accommodation expenses for our trainers outside the Paris region, reprography costs...), which will be subject to separate invoicing. Room or equipment rental fees will also be invoiced separately to the client.
Article 4. PAYMENT TERMS
Payments are made by bank transfer or bank cheque, payable to ANEO. Our invoices are payable according to the following terms:
- Preparation fees are invoiced upon the signature of the order form/quote and are payable upon receipt of the invoice and without discount.
- Training sessions are invoiced as they are completed and payable upon receipt of the invoice and without discount.
- Additional fees (including travel and accommodation expenses for our trainers) as well as room or equipment rental fees are invoiced in addition to the training sessions and are subject to a separate invoice payable upon receipt and without discount. In accordance with Article 441-10 of the Commercial Code, any late payment automatically entails:
- A lump-sum indemnity for recovery costs of €40 (not subject to VAT). Additional compensation may be claimed, with justification, when the recovery costs incurred exceed the amount of the lump-sum indemnity.
- The application of late payment penalties calculated on the basis of three times the legal interest rate in force.
Article 5. THIRD-PARTY ORGANIZATION SUPPORT
5.1. When the training is supported by a third-party organization (OPCO...), it is the client's responsibility:
- to make the support request before the start of the training and to ensure the successful completion of this request and payment by the designated organization;
- to explicitly indicate on the order form and/or the training agreement which third-party organization will be billed, specifying its name and address.
5.3. If the third-party organization refuses to pay the amount that would have been its responsibility due to absences, abandonment, or for any reason, the client is liable for the full cost of the training, which is therefore invoiced to them.
Article 6. LOGISTICS AND ORGANIZATION OF TRAININGS
It is the client's responsibility to inform ANEO of the needs for compensation for people with disabilities, sufficiently in advance so that possible adaptations can be implemented. The ANEO Handicap Referee, named in the training agreement, is available to the client and the concerned employee to define these adaptations (contact email: firstname.lastname@example.org). In the case of face-to-face training, the client provides ANEO with a training room on the agreed dates and fixed hours. The client ensures that this room complies with the current regulations to accommodate the public. The client communicates the internal regulations to be respected to the ANEO trainer and trainees. In the case of distance learning, ANEO provides the client with the applicable Training Internal Regulations, and the client commits to communicating it to the participants before the start of the training.
Article 7. CANCELLATION, REPLACEMENT, AND POSTPONEMENT CONDITIONS
The dates and training hours are mutually agreed upon by ANEO and the client and are firmly scheduled. Any cancellation, replacement, or postponement by the client must be done in writing (if done by email, an acknowledgment of receipt must be issued by ANEO). In the event of late cancellation by the client, ANEO's indemnification provisions are as follows:
- For any cancellation between 30 and 20 days before the start of the training, 30% of the total cost of the training will be invoiced and immediately due as a lump-sum indemnity.
- Between 19 and 8 days before the start of the training, 50% of the total cost of the training will be invoiced and immediately due as a lump-sum indemnity
- 7 working days before the start of the training, 100% of the total cost of the training will be invoiced and immediately due as a lump-sum indemnity.
In the event that the trainee does not attend the training day, the cost of the session will be invoiced at 100% to the client. Amounts invoiced as indemnity cannot be funded by public or joint funds.
Article 8. INSURANCE
It is the responsibility of the client/trainee to ensure that their professional/personal insurance covers them during their training.
Article 9. LIMITATIONS OF LIABILITY
The liability of the company ANEO towards the client is limited to the compensation of proven direct damages by the client and in any case is limited to the amount paid by the client for the provided service. The liability of the company ANEO cannot be engaged for indirect damages such as loss of data, files, business interruption, commercial prejudice, loss of profits, or damage to reputation. The liability of the company ANEO is excluded in the event of force majeure.
Article 10. FORCE MAJEURE
The company ANEO cannot be held responsible towards the client in the event of non-performance of its obligations resulting from an event of force majeure. Considered as cases of force majeure or fortuitous events, in addition to those usually recognized by the jurisprudence of French Courts and Tribunals and without this list being restrictive: the illness or accident of a trainer, strikes or internal or external conflicts to the company ANEO, natural disasters, fires, failure to obtain visas, work permits or other permits, laws or regulations implemented subsequently, interruption of communications or transportation of any kind, telecommunications, energy supply, or any other event beyond the control of the company ANEO.
Article 11. CONFIDENTIALITY AND INTELLECTUAL PROPERTY
The client may only use the proposals, works, studies, concepts, methods, and tools of the company ANEO for the purposes stipulated in the order. ANEO holds the intellectual rights related to the training it provides. All educational materials, regardless of their form (paper, digital, oral), used in the context of the order, remain its exclusive property, excluding documents provided by the client. The client refrains from using, reproducing, directly or indirectly, in whole or in part, adapting, modifying, translating, representing, marketing, or disseminating to members of its staff who are not participants in ANEO's training or to third parties, the course materials or other educational resources made available to them without the express and written authorization of the company ANEO or its rightful owners. The parties undertake to keep confidential the economic, technical, or commercial information and documents concerning the other party to which they may have access during the execution of the contract.
Article 12. COMMUNICATION
The client agrees to be cited by the company ANEO as a client of the service offering within the scope of its commercial activity, at the expense of the company ANEO. ANEO, subject to compliance with the provisions of the article below, may mention the client's name as well as an objective description of the nature of the services in its references for the purpose of external and internal communication.
Article 13. PROTECTION OF PERSONAL DATA
In accordance with Regulation 2016/679 of April 27, 2016, concerning the protection of individuals with regard to the processing of personal data and the free movement of such data, ANEO establishes a personal data processing for the purpose of selling and delivering products and services defined in this contract. The client is informed of the following elements:
Identity and contact details of the data controller: ANEO SAS
Contact details of the data protection officer: email@example.com
Legal basis of the processing: contractual performance.
Recipients or categories of recipients of personal data: the data controller, its marketing services, the IT security services, the service in charge of sales, delivery, and ordering, subcontractors involved in delivery and sales operations, as well as any authority legally authorized to access the personal data in question.
No transfer outside the EU is planned.
The data retention period is 3 years. This period may be extended to comply with legal obligations, resolve disputes, and enforce contractual commitments.
The data subject has the right to request from the data controller access to their personal data, rectification or erasure of such data, or a restriction of processing related to such data, the right to object to processing, and the right to data portability.
The data subject has the right to lodge a complaint with a supervisory authority.
The information requested during the order is necessary for the establishment of the invoice (legal obligation) and the delivery of the ordered services; otherwise, the order cannot be placed. No automated decision-making or profiling is implemented through the ordering process.
Article 14. INFORMATION, COMPLAINT
ANEO provides you with a contact form "Contact Mauricette" on its website: https://mauricette-formation.com. Any request for information or complaint sent via this contact form will be processed as soon as possible.
Article 15. DISPUTE AND LITIGATION
Any dispute concerning the interpretation and execution of these general terms of sale and the training agreement is subject to French law. The parties will strive to amicably resolve any dispute that may arise between them in the interpretation or execution of the contract. Failing that, the dispute will be brought before the Nanterre Commercial Court.