Terms and conditions

Our terms of sale and enrollment agreement for our courses (online, onsite or in-company) and consulting services

  • Terms and conditions The Agile Company
    1. Purpose and scope

    All orders for training, coaching and consulting services imply full acceptance of the following terms and conditions by the Client and his full and entire adhesion to the present general terms of salestipulated by The Agile Company – TAC (TAC) which prevail over any other document of the Client (You, your ), and in particular any general terms and conditions of purchase.

    1. Contractual documents

    At the end of the training, the TAC sends to the Client: invoice, copy of the sign-up list and evaluations.  Upon request, TAC sends the Client a registration form or business proposal to be returned and signed for agreement. The signed quote will serve as a training agreement.

    1. Acceptance of terms, conditions &s enrollment agreement through online payment

    By submitting payment electronically to The Agile Company (TAC) – the Client agrees to the terms and conditions, obligations, representations, warranties, and agreements contained herein (this “Agreement”). In the event that the Client is unwilling to accept this Agreement, then the Client is not authorized or allowed to proceed further and/or to participate, view, or use in any manner any of the content, information, courseware, products, and services (collectively, the “Services”) published, available or provided on theagilecompany.org or https://community.theagilecompany.org/ which are owned, maintained and monitored by TAC, or participate in any live course sessions conducted on site or via video conference.

    1. Term and Termination

    This Agreement will become effective upon Your acceptance of the terms of this Agreement by your submitting payment for the course or service. We reserve the right to terminate this Agreement and block Your access to the Content and Courseware with immediate effect by sending a written notice through email to You to this effect (“Immediate Termination Date”), if such termination is made as a result of Your misrepresentation, default, misconduct, or breach of Your obligations related to or under this Agreement (“Event of Default”). On the occurrence of any Event of Default, We shall be authorized to exercise all the rights and remedies under this Agreement or applicable Law or available in equity to seek indemnification for any Loss or Claim resulting from any such Event of Default. The provisions of our the of this Agreement shall survive the termination of this Agreement

    1. Training services terms for in-person public courses or events

    Any training order implies that the Client accepts the program on the site and the date of his order. Two weeks before the beginning of the training, you will receive an invitation with the location and the hours.

    The client will receive an invoice after payment of the course online or by wire transfer.

    More on replacing a participant or cancellations, partial completion policies can be found here

    1. Terms of Same for in-company services, either online or in-person

    Financial Conditions

    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.

    More on replacing a participant or cancellations, partial completion policies can be found here

    1. Prices and regulations

    All our prices are indicated in euros and in USD and exclusive of taxes. Any training started is due in full. TAC establishes a final invoice on the last day of the training. The Client undertakes to make the payment within thirty days following the date of invoice, except for Clients 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 Client 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 Client that they have been debited. In addition to the penalties for late payment, the Client 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.

    1. Certification & Credits Policy

    Course participants will achieve the status of “Certified” upon successful attendance of the scheduled live sessions, completion of all required assignments, and successful demonstration of competence. Attendance means being present for and participating in a live session for its entirety. Sessions are between 120 to 240 minutes long. The session schedule will be made available prior to the start of the course. Missed live online group sessions may be made up through special arrangement with TAC. Group make-up sessions may be schedule by mutual agreement.

    The requirements for ICF CCE credits are separate and distinct from the requirements necessary to qualify for any of the certifications offered by TAC. Upon request, Participants will be given a Certification Award Letter that confirms the number of ICF CCE credits earned, based on the Participant’s attendance and completion of all tasks. Participants who do not complete all elements of the program will be awarded ICF credits on a pro-rata basis.

    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.

    1. Cancellation and postponement conditions

    These policies are effective as of the time you submit your deposit or register for your training program. Any cancellation by the Client must be communicated in writing. For any cancellation less than 15 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 Client. No refunds are possible after 14 days prior to the starting date.  Refunds are to be made by sending written notification via email to: [email protected]

    Every case is different, and we will listen to , and review every request individually. The policy hereunder is a standard that guarantees the viability of our programs.

     The Agile Company training services, coaching and consultancy service – Cancellation Policy

    • Students who have been enrolled in an online training may cancel 31 days or more prior to the starting date of the program, and your tuition is fully refundable minus the non-refundable deposit.  If you cancel between 15 and 30 days prior, we will refund 50% of the program fee.  No refunds are possible after 14 days prior to the starting date.  Refunds are to be made by sending written notification via email to: [email protected]
    • If you are on a payment plan, the financial obligation for the tuition is incurred at the time of registration. If you cancel between 15 and 30 days prior, and you are on a payment plan and have not yet paid in full, 50% of the tuition fee becomes immediately due and payable.  If you cancel less than 14 days before the program starts and have not yet paid in full, the full tuition fee becomes immediately due and payable.
    • The Agile Company reserves the right to reschedule or cancel any scheduled training or to replace personnel due to low enrollment or circumstances beyond our control. If a training is rescheduled or cancelled, participants will be given notice by at least five business days before the start of class. Students may then enroll in the next available offering of the program. Should this occur, if desired by the student, all tuition collected to date will be refunded.

    WITHDRAWALS: If you withdraw from the program at any time for any reason, we will not refund your tuition.  If your tuition is being paid by payment plan, the full amount becomes immediately due and payable.

    EMERGENCIES: We will always try to accommodate absences resulting from emergencies such as severe illness, accidents, etc. However, adjustments can be challenging.  Therefore, we are not able to accommodate requests for withdrawals for any other reason, such as work scheduling issues, family vacations, or personal reasons, etc.

    The Agile Company On-Site Training or coaching Events – Refund Policy

    • 31+ days before the start of the training – a full refund will be offered.
    • 15-30 days – a 50% refund will be offered.
    • 14 days or earlier – no refund will be offered.

    Group Mentor Coaching – Refund Policy

    • 31+ days before the start of the program – a full refund will be offered.
    • 15-30 days – a 50% refund will be offered.
    • 14 days or earlier – no refund will be offered.

    Individual Mentor Coaching – Cancellation Policy

    • 24 hour notice is required when canceling an Individual Mentor Coaching session. Those who do not give 24 hours notice will be charged the full amount for the session.

    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 Client. The Client 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. For more specific details, please refer to our

    1. Refusal of order

    In the event that a Client would place an order to TAC, without having proceeded to the payment of the previous order(s), TAC will be able to refuse to honor the order and to deliver the concerned trainings, without the Client being able to claim any compensation, for any reason whatsoever.

    1. Intellectual property

    Each party will retain full ownership of the knowledge acquired prior to and independently of the Contract. While the client is granted a limited and non-exclusive right to use the Community Website, the Services, and the Content and Courseware for the Restricted Purpose as set forth in this Agreement, the client acknowledges and agrees that TAC is the sole and exclusive owner of the Website, the Services and the Content and Courseware and as such are vested with all intellectual property rights (trademarks, copyrights, patents, trade secrets, etc.) and other proprietary rights in the Website, the Services, and the Content & Courseware. Client acknowledges and agrees that this Agreement, other than permitting the Client to use the Website, the Services, and the Content & Courseware for the Restricted Purpose, does not convey to Client in any manner or form any right, title or interest of a proprietary, or any other nature in the Website, the Services, and the Content & Courseware.

    1. Data processing

    The Client 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 Client 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. Find our Privacy Policy here

    1. Communication

    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.

    1. Confidentiality

    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.

    1. Liability

    You expressly agree that Your entering into this Agreement and use of the Community Website, the Services, and the Content & Courseware are at Your sole risk. The parties 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.

    We do not warrant that the Community Website or the Services or access to the Content and Courseware will be uninterrupted or error free; nor is there any warranty as to the results that may be obtained from the use of the Website, the Services or the Content & Courseware or as to the accuracy or reliability of any information provided through the Website, the Services, or the Content & Courseware. In no event will We or any person or entity involved in creating, producing, or distributing the Website, the Services, or the Content & Courseware be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use the Website, the Services, or the Content & Courseware.  The foregoing disclaimer of liability applies to any and all damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of records or any other material, whether for breach of contract, negligence, or under any other cause of action.  You further acknowledge that We are not liable for any defamatory, offensive, wrongful, or illegal conduct of third parties, or other users of the Community Website, the Services or the Content & Courseware and that the risk of damage or injury from the foregoing rests entirely with each user.  You agree that the liability of Us or Our affiliates, directors, officers, employees, agents, and licensors, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with the Services or the Content & Courseware shall not be greater than either a refund of the fee you paid to Us for the particular certification training course or to allow You to retake the same or similar courses, in our discretion.

    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, since 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.

    1. Waiver

    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. Neither failure nor delay on the part of any party to exercise any right, remedy, power, or privilege hereunder shall operate as a waiver thereof, or of the exercise of any other right, remedy, power, or privilege. No term of this Agreement shall be deemed waived, and no breach consented to, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No waiver of any rights or consent to any breaches shall constitute a waiver of any other rights or consent to any other breach.

    1. Applicable law

    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