General Terms and Conditions of Training

These general terms and conditions apply to all training services provided by GENERIX to the customer. Signing the General Conditions of Services implies unreserved acceptance of these terms and conditions, which prevail over any other document issued by the Customer, in particular the Customer’s general terms and conditions of purchase.

ARTICLE 1: SUBJECT

The purpose of these general terms and conditions (hereinafter the “General Conditions of training”) is to set out the terms and conditions under which GENERIX provides the training services described at the Special Conditions of Services.

ARTICLE 2: TRAINING ORDER

To be considered, all training courses must be described at the Special Conditions of Services signed from the Customer.

ARTICLE 3: DESCRIPTION OF TRAINING SERVICES

In return for the payment of the price, GENERIX undertakes to do everything in its power to carry out the services provided and to provide all documents and evidence to justify the reality and validity of the training service expenses. Each service will be detailed (animation, travel expenses, accommodation, etc.).

ARTICLE 4: FINANCIAL CONDITIONS

All prices stipulated in GENERIX’s price lists or offers are in euros, exclusive of tax. Training services are provided at the price in force at the time of the order. The price list appears in the catalog in force at the time of the order and can be communicated on request. Meals, transport, and accommodation for participants are never included in the price. It is understood between the Parties that any training service begun is due in full.

ARTICLE 5: TRAINING MODIFICATIONS

GENERIX reserves the right to make any changes it deems necessary to its programs and services, and to the scheduling of its sessions, at any time.

In the event of cancellation for any reason whatsoever (unavailability of the trainer for medical reasons, power failure, unavailability of the computer system, insufficient number of participants, industrial disputes, weather conditions) the training ordered will be postponed to a later date without compensation or penalty due to the Customer.

ARTICLE 6: CANCELLATION BY THE CUSTOMER

All cancellations must be notified and confirmed in writing by the Customer. In the event of cancellation by the Customer at least fifteen (15) working days before the start date of the service agreed between the Parties, no cancellation fee will be applied.

In the event of cancellation between five (5) and fourteen (14) working days before the start date of the service, an invoice corresponding to fifty (50) percent of the cost of the service will be sent to the Customer.

In the event of cancellation less than five (5) working days before the start of the service, an invoice for the full amount of the service will be sent to the Customer.

ARTICLE 7: ADMINISTRATIVE DOCUMENTS

At the same time as the invoice, GENERIX sends the supporting documents (attendance sheets, certificate of presence, etc.) to the sole entity receiving the invoices. GENERIX cannot be held responsible for the non-receipt of invitations, regardless of who receives them at the customer’s premises, particularly in the event of the participant’s absence from the training session.

ARTICLE 8: CUSTOMER OBLIGATIONS

Participation in training courses provided by GENERIX implies that the Customer ensures in advance that the registered participants possess the required knowledge and/or meet the required competencies to be able to follow the training courses.

The Customer undertakes to ensure that participants comply with the terms of the internal regulations, which they declare to have read and accepted.

For training courses held on the customer’s premises, the Customer undertakes to check the availability of his test environment for the training course.

ARTICLE 9: CONFIDENTIALITY

The information and know-how communicated during the training sessions are intended for the exclusive use of the participants. Unless expressly agreed by both Parties, the Customer undertakes not to divulge such information or know-how.

ARTICLE 10: INTELLECTUAL PROPERTY

All documents provided during the training course are original works and as such are protected by intellectual property and copyright legislation.

Consequently, the Customer is prohibited from using, copying, transmitting, and generally exploiting in any way whatsoever all or part of these documents.

The Customer may not make any copies of the software used during the training, except for the exercises carried out, provided that the files do not in any way include parts of programs protected by any rights whatsoever.

The Customer is responsible for compliance with these prohibitions on behalf of the participants.

ARTICLE 11: INVOICING

Invoices are issued based on the terms and conditions mentioned in the General and Special Conditions of Services. Rates are valid for training sessions held between 9:00 am and 6:00 pm. Beyond this time, the time spent will be invoiced with a surcharge of twenty-five (25) percent per additional hour.

Invoices are payable on receipt without discount. Any sum not paid by the due date shown on the invoice will give rise to late payment penalties payable on the day following the payment date shown on the invoice, and the Customer must pay a flat-rate indemnity of €40 for collection costs, plus ten (10) percent per day of delay from the first day following the date shown on the invoice.

ARTICLE 12: RESPONSIBILITY

GENERIX may under no circumstances be held liable for any financial, commercial, or other loss caused directly or indirectly by the training services provided.

ARTICLE 13: NON-SOLICITATION OF PERSONNEL

The Customer undertakes not to recruit or hire GENERIX personnel who have participated in the execution of the training service for a period of two (2) years following the end date of the training. In the event of non-compliance with this obligation, the Customer shall pay GENERIX, as a penalty clause, compensation equal to twelve (12) months’ salary for the unduly dismissed employee.

ARTICLE 14: APPLICABLE LAW AND JURISDICTION

These general training conditions are governed by French law. In the event of any dispute and/or difficulty concerning the interpretation or execution of these terms and conditions, and if the Parties are unable to reach an amicable settlement, the Paris Commercial Court shall have sole jurisdiction.

ARTICLE 15: PAYMENT BY A FUNDING BODY

Generix doesn’t accept payment subrogation from a financing organization.

In other words, the customer pays the invoice issued by Generix, and is reimbursed by the OPCO if the reimbursement file is accepted.

The client, the beneficiary of the training, must complete the training reimbursement file with their OPCO to be reimbursed for the training directly by the OPCO.

ARTICLE 16: INTERNAL RULES

The participant undertakes to comply with the conditions of the rules of procedure, of which he declares that he has read and accepts the terms.