Terms and conditions
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DEFINITIONS
Client: co-contractor of CAPITAL CONSEILS2
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HERITAGE LEGAL AND TAX ADVICE :
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PURPOSE AND SCOPE OF APPLICATION
Any request for advice implies unreserved acceptance by the Customer and full and complete adherence to these general conditions of sale which take precedence over any other document from the Customer, and in particular over all general conditions of purchase.
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CONTRACT DOCUMENTS
CAPITAL CONSEILS2 sends the Client a continuing professional consultancy agreement established in accordance with articles L6353-1 and L6353-2 of the Labor Code. The Client undertakes to return a signed copy bearing its commercial stamp to CAPITAL CONSEILS2 as soon as possible. A certificate of presence can be sent to the Client on request.
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INTER-COMPANY ADVICE
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Financial conditions
The acceptance of CAPITAL CONSEILS2 being conditional on full payment of the invoice, CAPITAL CONSEILS2 expressly reserves the right to freely dispose of the places retained by the Client, as long as the registration costs have not been covered under the conditions provided for. below. Invoices are issued upon registration. The prices of the cycles and pro courses indicated in the catalog and the prices of the à la carte courses include a discount that cannot be combined with any special offer, promotion or other discount. Meals are included in the price of ADVICE. -
Opening a training session
CAPITAL CONSEILS2 reserves the right to postpone a Council session without compensation, at the latest one week before the scheduled date, for educational reasons.
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INTRA-COMPANY ADVICE
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Financial conditions
A commercial and financial proposal will be established beforehand by LCGP FORMATION. A deposit of 30% will be paid by the Customer upon signing the order. The supplement is due upon receipt of the various invoices issued as the ADVICE progresses.
In the event of non-payment in full of an invoice due, after formal notice remains without effect within 5 working days, CAPITAL CONSEILS2 reserves the right to suspend any current and/or future Advice.
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REPLACEMENT OF A PARTICIPANT
CAPITAL CONSEILS2 offers the Client the possibility of replacing a participant without additional invoicing until the opening of the Consulting session concerned. Any request for replacement must be sent in writing.
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CONDITIONS FOR CANCELLATION OF ADVICE BY THE CUSTOMER
Any cancellation by the Customer must be communicated in writing.
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For Intercompany Internships:
For any cancellation, less than 10 working days before the start of the course, the amount of the Council will remain immediately payable as fixed compensation. -
For Intercompany Cycles and Journeys:
For any cancellation, less than 10 working days before the start of the cycle or the 1st course of the course, 50% of the amount of the Council will remain immediately payable as lump sum compensation. -
For intra-company ADVICE:
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For any cancellation communicated by the Client less than 21 calendar days and at least 8 calendar days before the training session, 50% of the amount of the Advice will be invoiced by CAPITAL CONSEILS2 to the latter.
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For any cancellation communicated by the Client less than 8 calendar days before the training session, 100% of the amount of the Advice will be invoiced by CAPITAL CONSEILS2 to the latter.
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DEMATERIALIZATION OF MEDIA
As part of CAPITAL CONSEILS2's commitment to the environment, the media provided for the Consulting sessions are dematerialized media.
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E-LEARNING ADVICE with the MEDIACURSUS solution
CAPITAL CONSEILS2 grants the Client and his collaborators or agents (the users) a right of non-exclusive, non-assignable and non-transferable use of the Modules included in the order. Invoices are issued upon ordering.
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DEMOS is the author of all the elements, content, composing the Mediacursus Solution for which it guarantees to hold the property rights within the meaning of the provisions of the Intellectual Property Code, with the exception of any rights of third parties, for which it holds the authorization to broadcast via its Mediacursus Solution.
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CAPITAL CONSEILS2 does not acquire any rights to the Mediacursus Solution, nor to the method and/or know-how developed by DEMOS other than the right to market the Solution according to the stipulations of the Contract for the Distributor and a right of use as staff of the Mediacursus Solution for Users.
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A non-exclusive, non-transferable and strictly personal license to use the Mediacursus Modules is granted to Users, regardless of the medium.
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The User has the right to make a photocopy of this support for his personal use for study purposes, provided that the DEMOS copyright notice or any other intellectual property notice is reproduced on each copy of the Training Support.
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The User does not have the right:
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To create a derivative work and/or distribute the Mediacursus Solution,
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To disassemble, decompile and/or translate the Modules, unless otherwise provided by law and without the possibility of contractual waiver,
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To sublicense, rent and/or lend the Modules
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To use the Modules for purposes other than personal use.
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Provision of Modules:
All of the Modules, subject of the order, will be made available to the Customer, in an e-learning portal, after acceptance of the order. -
Access to Modules:
Access to the Modules is managed by CAPITAL CONSEILS2 on the MOS CHORUS e-learning platform. A username and password are communicated to users based on the ADVICE provided by the Customer (last name, first name, date of birth, e-mail). The username and password are confidential, personal, non-transferable and non-transferable. -
Responsibility :
The Customer is responsible for managing and storing usernames and passwords. Consequently, it is up to the Customer to implement all precautionary measures necessary for their protection and conservation. The Customer is responsible for the consequences of their use. -
CAPITAL CONSEILS2 cannot under any circumstances be held responsible for any fraudulent use of the Client's identifier and password.
The Client undertakes to inform CAPITAL CONSEILS2 of any fraudulent use of the username and password as soon as he becomes aware of it. -
Duration of access to the Modules:
The order takes effect from receipt by CAPITAL CONSEILS2 of the Customer's acceptance of the order.
The Customer has a period specified in the order or, failing that, a period of 3 months from delivery of the Modules to consume the rights to use the Modules. After the period specified in the order or failing that the period of 3 months from delivery of Modules or in the event of consumption of all usage rights, the usage rights granted to the Customer and its users will cease. immediately and the Customer will have to place another order. -
Associated Services: The acquisition of rights to use Demos’ MEDIACURSUS modules includes the following services:
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User technical support via email.
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Corrective and evolutionary maintenance.
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PRICES AND REGULATIONS
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All our prices are indicated in euros and excluding taxes.
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Any advice started is due in full.
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Invoices are payable in euros, 30 days from the invoice date, without discount and payable to LCGP FORMATION.
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Any amount not paid by the due date will result in the Client paying late payment penalties at the interest rate applied by the European Central Bank to its most recent refinancing operation increased by 10 percentage points.
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These penalties are due automatically, upon receipt of the notice informing the Customer that they have been debited.
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In addition to the penalties observed in the event of late payment, the Customer will be liable for a fixed compensation of €40 for recovery costs in accordance with articles L441-6 c. com. and D. 441-5 c. com. CGPC CONSEIL nevertheless reserves the right to claim additional compensation, upon justification, when the costs actually incurred are greater than this amount.
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SETTLEMENT BY AN OPCA
If the Client wishes the payment to be issued by the OPCA on which he depends, it is up to him:
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to make a request for support before the start of the Counseling and to ensure the successful completion of this request,
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to indicate this explicitly on their registration form or on their order form,
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to ensure the successful completion of payment by the OPCA it has designated.
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If the OPCA only partially covers the cost of the training, the remainder will be invoiced to the Client.
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If CAPITAL CONSEILS2 has not received support from the OPCA on the first day of the training, the Client will be invoiced for the entire cost of the course.
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In the event of non-payment by the OPCA, for whatever reason, the Client will be liable for the entire cost of the Advice and will be invoiced for the corresponding amount.
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ORDER REFUSAL
In the event that a Customer places an order with LCGP FORMATION, without having paid for the previous order(s), CAPITAL CONSEILS2 may refuse to honor the order and deliver the ADVICE concerned, without the Client may claim any compensation, for whatever reason.
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COMPUTING AND FREEDOM
The Customer is informed that personal inCONSEILS which are communicated to CAPITAL CONSEILS2 in application and in the execution of orders and/or sales may be communicated to the contractual partners of CAPITAL CONSEILS2 for the purposes of said orders.
In accordance with law n°78-17 of January 6, 1978, known as the Data Protection Act, updated by the law of August 6, 2004, the Customer has a right of access, rectification and opposition to data personal matters concerning him. This right can be exercised by making a request by email or by post addressed to CAPITAL CONSEILS2.
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INTELLECTUAL PROPERTY
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For inter-company ADVICE:
The rights of reproduction, use, distribution, adaptation, modification, exploitation of ConseilInterentreprises materials remain the exclusive property of CAPITAL CONSEILS2 and cannot therefore be transferred to the Client. -
For intra-company ADVICE:
Subject to full payment of the price of the training session, CAPITAL CONSEILS2 may transfer to the Client the rights of reproduction, use, distribution, adaptation, modification and exploitation of the training materials, for use exclusively internally and under conditions to be defined between the parties.
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RESPONSIBILITY
CAPITAL CONSEILS2 may be held responsible for any direct damage suffered by the Client and resulting from the execution of the training actions.
The compensation owed to the Client, in compensation for his damage, may not exceed the amount corresponding to the sums paid by the Client to CAPITAL CONSEILS2 for the calendar year during which the damage occurred.
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CONFIDENTIALITY
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All inCONSEILS (except those accessible to the public) of which CAPITAL CONSEILS2 or the Client will have been aware or which will have been communicated by the other party or by a third party client, before or during the execution of the contract, are strictly confidential and each of the parties undertake not to disclose them.
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For the purposes of carrying out the services, each party is only authorized to communicate the above-mentioned ADVICE to its employees and/or any authorized subcontractors; each party guarantees compliance with this obligation by its employees and/or any subcontractors.
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Each of the parties undertakes to return (or destroy, at the choice of the other party) said inADVICE as well as their copy, within 5 working days after the end or termination of the contract or purchase order, upon simple request. the other part. This clause authorizes CAPITAL CONSEILS2 to communicate inCONSEILS within the CABINET.
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The Parties will be bound by this obligation of confidentiality for a period of two years from the termination of their contractual relations.
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COMMUNICATION
The Client expressly authorizes CAPITAL CONSEILS2 to mention its name, its logo and to mention as references the subscription to an order and any operation resulting from its application in all of their commercial documents.
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WAIVER CAPITAL ADVICE2
The fact that CAPITAL CONSEILS2 does not avail itself at a given moment of any of the clauses herein cannot constitute a waiver of its right to avail itself subsequently of these same clauses.
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APPLICABLE LAW
The General Conditions and all relationships between CAPITAL CONSEILS2 and its Clients are subject to French law.
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ASSIGNMENT OF SKILLS
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Any disputes which cannot be settled amicably will fall under the EXCLUSIVE JURISDICTION OF THE COMMERCIAL TRIBUNAL OF MARSEILLE regardless of the headquarters or residence of the Customer, notwithstanding multiple defendants or warranty claims.
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This jurisdiction clause will not apply to the case of a dispute with a non-professional Client for which the legal rules of material and geographical jurisdiction will apply.
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This clause is stipulated in the interest of the company Demos which reserves the right to waive it if it sees fit.
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ELECTION OF DOMICILE
The election of domicile is made by CAPITAL CONSEILS2 at its head office 8 rue Godot de Mauroy 75008 PARIS
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MEDIATOR
The mediator: CNPM MEDIATION. www.cnpm-mediation-consommation.eu
27, avenue de la Libération
42400 Saint-Chamond
Telephone:+33 (0)9 88 30 27 72