Terms & Conditions
The Agile Company is a registered trademark of TAC - 21 Allée Albeniz - 13008 Marseille
PURPOSE AND SCOPE
All orders for training, coaching and consulting services imply full acceptance of the following terms and conditions by the Customer and his full and entire adhesion to the present general terms of sale which prevail over any other document of the Customer, and in particular any general terms and conditions of purchase.
At the end of the training, the TAC sends to the Client: invoice, copy of the sign-up list and evaluations. All orders must be made in writing. TAC sends the Customer a registration form or business proposal to be returned and signed for agreement. The signed quote will serve as a training agreement.
OFF SITE – TRAINING
Any training order implies that the customer accepts the program on the site and the date of his order. Two weeks before the beginning of your training, you will receive an invitation with the location and the hours.
Replacing a participant TAC offers the Customer the possibility to replace a participant without additional billing. Any request for replacement must be addressed in writing.
Cancellation and postponement conditions Any cancellation by the Customer must be communicated in writing. For any cancellation less than 14 days before the start of the course, 50% of the amount of the training will remain immediately payable as compensation. However, a possibility of deferral is offered to the Client within 6 months and the indemnity will be allocated to the cost of this new deferral session decided by mutual agreement between TAC and the Customer. For any cancellation, less than 7 days before the beginning of the training course, the total amount of the training course will be due.
Opening of a training session TAC reserves the right to cancel any course no later than one week before the date of the course in the event of force majeure (lack of participants, problem of supply of media, etc.). of courses, illness of the trainer, interruptions of services in case of social conflicts, conditions weather…), without any compensation or penalty to the customer. The customer will be able to choose another date in the event calendar or cancel the booking without penalty. TAC cannot be held responsible for any costs incurred by the Client or damages resulting from the cancellation of a training or its postponement to a later date.
TRAINING & ONSITE-COMPANY SERVICES
A commercial and financial proposal will be established beforehand by TAC. A deposit of 30% will be paid with the order. The remainder is due on receipt of the various invoices issued as the progress is made. In the event of non-payment in full of an invoice that has fallen due, after formal notice has been given and no payment has been received, the TAC reserves the right to suspend any training or coaching in progress.
Replacement of a participant
TAC offers the Customer the possibility to replace a participant without additional billing. Any request for replacement must be addressed in writing.
Cancellation and postponement conditions
Any cancellation by the Customer must be communicated in writing. For any cancellation less than 14 days before the start of the course, 50% of the amount of the training will remain immediately payable as compensation.
The Agile Company – email : firstname.lastname@example.org – tel 0033 6 65 32 12 37 – www.theagilecompany.org – TAC, 21 Allée Albeniz, 13008 Marseille – SIREN 878 184 688 Code NAF 7022Z – NDA 93 13 17956 13
However, a possibility of postponement is offered to the Client within 3 months and the indemnity will be allocated to the cost of this new session decided by mutual agreement between TAC and the Customer.
PRICES AND REGULATIONS
All our prices are indicated in euros and exclusive of taxes. Any training started is due in full. TAC establishes a final invoice on the last day of the training. The Customer undertakes to make the payment within thirty days following the date of invoice, except for Customers outside France for which a prepayment will be required fifteen days before the beginning of the training (TAC reserves the right to refuse the arrival of a participant if failure to pay before the training), and unless otherwise specified in special conditions.
Any amount not paid on the due date will give rise to the payment by the Customer of late payment penalties at the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points. These penalties shall be payable by operation of law, upon receipt of the notice informing the Customer that they have been debited. In addition to the penalties for late payment, the Customer shall be liable to pay a flat-rate indemnity of €40 for collection costs in accordance with Articles L441-6 c.com. and D. 441-5 c.com. TAC nevertheless reserves the right to claim additional compensation, upon justification, when the costs actually incurred are higher than this amount.
In the event that one or more certification examinations are included in the training offer, these examinations will only be available to the participant after full payment for the training. These exams may be taken no later than one year after the last day of the training.
REFUSAL OF ORDER
In the event that a Customer would place an order to TAC, without having proceeded to the payment of the previous order(s), TAC will be able to refuse to honour the order and to deliver the concerned trainings, without the Customer being able to claim any compensation, for any reason whatsoever.
The Customer is informed that the personal information that is communicated to TAC in application and in the execution of the orders and/or sales may be communicated to ‘s contractual partners for the purposes of the said orders. In accordance with the law n°78-17 of January 6, 1978, known as the Data-processing Law and Freedoms, updated by the law of August 6, 2004, the Customer has a right of access, correction and opposition to the personal data concerning him. This right can be exercised by making a request by e-mail or by mail addressed to TAC.
Unless otherwise agreed, the client gives TAC permission to use its name and logo in its commercial documents and to mention its name as a client for reference purposes.
The parties agree to treat all information and documents concerning the other party, whatever the format and type, in the strictest confidence, in particular the economic, technical and commercial information and documents which have come to its knowledge under the Contract. The parties must take the necessary measures with regard to their staff to ensure the confidentiality of the aforementioned information and documents. The parties do not accept any liability whatsoever for the disclosure of information if such information is in the public domain or if it has been regularly obtained by other sources.
Each party will retain full ownership of the knowledge acquired prior to and independently of the Contract. The client will not acquire any property rights over the methods, Training Services, tools, software, technical files and know-how of TAC. TAC grants trainees the right to use the Training Services materials made available to them, for their exclusive use within the context of their activities at the client’s premises. This right is nonassignable and non-transferable.
The Agile Company (TAC) – email : email@example.com – tel 0033 6 65 32 12 37 – www.theagilecompany.org – TAC, 21 Allée Albeniz, 13008 Marseille – SIREN 878 184 688 Code NAF 7022Z – NDA 93 13 17956 13
The parties expressly agree that in case of a serious fault attributable to TAC, the client will be entitled to claim compensation from TAC for direct losses and damage foreseeable with certainty, subject to providing evidence thereof. The parties expressly exclude the right to claim compensation of any kind for indirect damage (in particular financial or commercial loss, loss of income, profit, clients, image, earnings or chance, or damage caused to persons or goods distinct from the contract). TAC cannot be held responsible for consequential damage (such as financial or commercial prejudice; loss of profit, turnover, clientele or image; loss of income; loss of opportunity; or damage to persons or property separate from the purpose of the Contract) or damage that has an origin unrelated to TAC (in particular, a fault or negligence on the part of the client). Should TAC be held liable, the amount of compensation may not exceed an amount equal to twice the total amount of the Contract, whatever the legal basis of the claim and the procedure used to lodge such a claim. The client may not rely on TAC’s professional status in order to evade its own responsibilities.
Force majeure: Events beyond the control of the parties, which they could not reasonably be expected to foresee and which they could not reasonably have avoided or overcome, inasmuch as the occurrence thereof prevents the performance of the Contract by either party, are considered as cases of force majeure or unforeseeable circumstances. In such a case, the affected party shall notify the other in writing, namely by fax or email, as soon as possible. The performance of the Contract will be suspended automatically without compensation from the date on which the event occurs. If the event lasts more than fifteen (15) days from the date on which it first occurs, the Contract may be terminated by the first party to send notice of termination of said Contract by mail with acknowledgement of receipt, without either party being able to claim damages. Such termination will take effect from the date on which notice thereof is received. Cases of force majeure or unforeseeable events include death or illness requiring a work stoppage by the TAC staff assigned to perform the Contract.
The failure of either party to apply any of these clauses at any given time does not imply a waiver of its right to apply such clause at a later time.
The General Terms and Conditions are governed by French law. Above all, an amicable solution will be sought, failing which the settlement of the dispute will be brought before the competent court. TAC chooses its head office as its address for service. Any questions regarding the Contract will be governed by French law to the exclusion of any other right. The parties and / or their council will meet and make every effort to amicably resolve any dispute or litigation relating in particular to the conclusion, interpretation and performance of the Contract. In case of inability to reach a mutual agreement, jurisdiction over any disputes will be exclusively attributed to the Tribunal de Commerce de Marseille regardless of the location at which the Order was placed, any payment or method of payment, the location at which the Contract was performed, the location of payment and mode of payment, or even in the event of connected cases, multiple defendants or the introduction of third parties. This same jurisdiction will apply irrespective of whether it is a principal claim, an incidental claim, an action on the merits or a summary hearing.