Preambles

The purpose of these terms and conditions (the “CGV”) is to define the conditions under which Formacity (hereinafter “the Training Organization”) consents to the client,

Buyer, (hereinafter the “Customer”)

who accepts it, training from the training offerings of the Training Organization, hereinafter the “Training”. The client and the Training Organization are respectively individually the “Party” or collectively the “Parties”.

The Customer acknowledges that acceptance of these T&Cs has the consequence of excluding the application of its own terms and conditions (CGV) and its own general conditions of purchase (CGA). Receipt of the registration form by the Client and payment of the invoice issued by the Training Organization implies the Client's full and unreserved acceptance of these General Terms and Conditions, the Client thus acknowledging having perfect knowledge of them.

1 Training courses concerned

1.1 The Training Organization offers various types of Training that can be carried out on the premises of the Training Organization or on the premises of the Client (hereinafter “Intra Training”).

It is understood that the term “Training” alone concerns each of the aforementioned types of Training. Training can be carried out on behalf of a Client, and tailor-made if necessary (hereinafter “Intra Training”), or on behalf of several Clients (hereinafter “Inter Training”).

1.2 It is understood that for intra-Training, if a significant request for adjustment is made to the content of a Training requiring additional preparation time on the part of the Training Organization, additional costs may be invoiced.

1.3 The training courses offered can be consulted on the website of the Training Organization on https://www.formacity.fr

2 Registration conditions

2.1 The request for registration for inter training can be made by the Client and by one of the following means :

• Sending by mail or email a bulletin completed and signed by the Customer;
• Online registration on our website

2.2 For each Training provided by the Training Organization, a minimum and maximum number of participants is admitted; registrations for the session cease to be accepted when the maximum number is reached.

2.3 No later than ten (10) days before the scheduled date of the Training, the Client will receive confirmation of their registration and practical information. By registering, the Customer declares to be fully aware of and accepts the corresponding pricing conditions, as well as these General Terms and Conditions.

2.4 For intra-Training orders, a request specifying the terms of the order must be sent by the Customer (by telephone, e-mail, or mail) to the Training Organization. The Training Organization will establish, where applicable with the collaboration of the Client, a commercial proposal and the corresponding financial conditions.

Receipt by the Training Organization of the “good for agreement” from the Client on the Commercial Proposal or on the quote previously submitted, will constitute acceptance of its terms by the latter as well as acceptance of these General Terms and Conditions.

3 Training methods

3.1 The Training Organization is free to use the educational methods and tools of its choice; it is recalled that the form and content of the educational tools are governed by the Training Organization.

3.2 One day of training corresponds to seven (7) hours of lessons. Training durations vary depending on the training programs and are specified in the Training Organization's communication documents.
For the quality of the training, the Client undertakes not to exceed the number of participants planned when confirming the registration referred to in point 2.1 above, addressed to the Training Organization. One or more additional participants may however be accepted, subject to the approval of the Training Organization, depending in particular on the maximum number of participants referred to in article 2.1, and regularization of invoicing under the pricing conditions provided for the Training in question.

3.3 In-house training can be provided in the Client's premises, and with the logistical means it provides (a video projector, a computer and a flipchart will be required at a minimum), or in the premises of the Training Organization.
Unless previously agreed with the training organization, in the event of intra-training, the costs of meals, travel and accommodation of the speaker, if applicable, will be invoiced to the Client in addition.
The Training Organization will take care of the reproduction and delivery of educational documents to the Training location.

3.4 Participants in the Training carried out on the premises of the Training Organization are required to respect the internal regulations of the Training Organization (For example: bringing alcoholic beverages into the premises of the organization).

3.5 The Training Organization will send the Client all documents (convocation, nature and title, and duration of the Training, certificate of participation if applicable, and the related invoices) relating to the Training by e-mail or by post to the address provided by the Client.

4 Prices and payment conditions

4.1 The pricing conditions for Training are indicated on the registration form or online for inter Training, or on the Proposal referred to in article 2.2 above for intra Training. The prices of the Training courses are indicated NET, (exemption from VAT art. 261 4-4° of the CGI).

4.2 Any Training started is due in full.

4.3 Invoices are payable upon receipt of the invoice or according to the agreed schedule, if applicable - by check, bank transfer or by credit card for training purchased online (in particular through the site  https://www.formacity.fr).

4.4 In the event of late payment, penalties equal to three (3) times the legal interest rate in force on the date of the order will be automatically payable without a reminder being necessary as well as a fixed compensation for recovery costs in the amount of forty (40) Euros. In addition, any subsequent payment, whatever the cause, will be attributed immediately and in priority to the extinction of the oldest debt.

4.5 Furthermore, in the event of late payment, the Training Organization reserves the right to refuse any new order and to suspend the execution of its own obligations until the account is cleared, without incurring liability and without the Customer being able to claim to benefit from a credit or a possible reimbursement. The limitation period for the recovery of any sum owed to the Training Organization runs from the date of issue of the invoice concerned.

4.6 If payment for Training is taken over by an external organization (OPCO), it is up to the Client :
• to make a request for support before the start of the Training and to ensure the successful completion of this request;
• to indicate this explicitly on their registration form;
• to ensure the successful completion of payment by the organization it has designated.
The Training Organization will send the training agreement to the OPCO. In the event of partial coverage of the OPCO, the remainder will be invoiced directly to the Customer.

4.7 If the OPCO does not confirm financial support for the Training or the Training Organization has not received support from the OPCO on the first day of the Training, the cost of the Training will be invoiced in full to the Client.

4.8 In the event of non-payment by the OPCO of the Training costs, possibly increased by late payment penalties, for whatever reason, the Client will be informed in advance by any means by the Training Organization and will be liable for the entire cost of the Training.

4.9 For certain Training, and in particular (but not only) intra-Training, the Training Organization reserves the right to request a deposit.

5 Specific conditions for certification training

5.1 Any certified training started is due in its entirety.

5.2 The Training Organization reserves the right to issue an invoice at the end of each training module or to issue a global invoice at the end of the certification course.

6 Cancellation and postponement of training

6.1 Any cancellation or postponement must be made as soon as possible and in writing by the Customer (mail, fax or e-mail including an electronic acknowledgment of receipt). A cancellation occurring 10 calendar days or more than 10 days before the start of the training will not incur any cancellation fees.
• A cancellation occurring less than 10 days to 3 calendar days before the start of the training will result in an invoicing equal to 50% of the amount of the course as fixed compensation.
• Training canceled less than 3 calendar days before the start of the training will be due in full as fixed compensation.
It is specified that the amounts thus invoiced cannot be charged to continuing professional training.
The 14-day withdrawal period applies to contracts concluded remotely, particularly for online purchases and payments for our training courses.

6.2 The Training Organization reserves the right to postpone a Training, subject to informing the Client in advance and proposing a new date for the Training. It is understood that in the event of cancellation due to the absence or failure of the trainer, the Training Organization undertakes to ensure that the defaulting trainer is replaced as soon as possible by a person with equivalent technical skills and qualifications, and ensures that the change of trainer does not interrupt the smooth running of the Training provision or undertakes to postpone it as soon as possible.

6.3 The Training Organization reserves the right to cancel a Training session up to ten (10) days before the scheduled date without proposing a new date. In this case, the Training in question will not be invoiced to the Client, and the Training Organization will reimburse any amount already received for this purpose if applicable, to the exclusion of any other cost.

7 Intellectual Property

7.1 The Training Organization may be required to provide the Client with Documentation relating to the training session. All or part of this Documentation may be sent to the Client by email to the address indicated by the Client and/or during the Training.

7.2 The Documentation, in its entirety or in extracts, and any possible media provided or printed as part of a Training cannot in any way be the subject, even partially, of reproduction, representation, loan, exchange or transfer, of total or partial extraction of data and/or transfer to another medium, of modification, adaptation, arrangement or transformation without the prior and express agreement of the Training Organization. Only a right of use, to the exclusion of any other transfer of property rights of any kind whatsoever, is granted to the Customer. Only the reproduction and representation of the content authorized by the Intellectual Property Code on a screen and a single paper copy for archive purposes or use in the strict extension of the Training, for the strictly personal benefit of the participant concerned, are therefore authorized.

7.3 The Client undertakes not to directly or indirectly compete with the Training Organization by transferring or communicating all or part of the Documentation to a competitor of the Training Organization.

7.4 The Training Organization reserves the right to pursue any person who contravenes this clause.

8 Information, complaint

Any request for information or complaint relating to these General Terms and Conditions must be sent by mail to  Formacity at 17 Passage du Ponceau 75002 Paris, who will do their best to respond as quickly as possible.

9 Responsibility

9.1 The Training offered by the Training Organization complies with their description in the catalog or their commercial documentation. It is up to the Customer to prove any possible non-compliance.

9.2 The Client is solely responsible for the consultation and choice of training provided by the Training Organization.

9.3 The responsibility of the Training Organization can only be incurred in the event of proven fault or negligence and will be limited to direct damage suffered by the Client, to the exclusion of any indirect damage of any nature whatsoever and in particular any loss of opportunity, goodwill, results, exploitation, commercial damage or loss of data and/or files. In any event, in the event that the Training Organization is held responsible, the total amount of any sum charged to the Training Organization may not exceed the total amount of the price paid by the Client for the Training concerned.

10 Personal data

10.1 Any Training order will be the subject of a computer recording accessible by the Client upon simple request to the address mentioned in article 8.

10.2 In accordance with Law 78-17 “Informatique et Libertés” of January 6, 1978 as amended, the Customer has a right of access, rectification and opposition to the personal data processed concerning them. If the Client wishes to exercise this right and obtain communication of information concerning him, the Training Organization will communicate it to him upon simple written request to the address mentioned in article 8.

10.3 In accordance with current regulations, any request addressed to the Training Organization under this article must be signed, and the address to which the Training Organization must respond must be specified. The response will be sent to the Customer within 2 months following receipt of the request.

11 General provisions

11.1 The General Terms and Conditions are available online. They may be modified at any time at the discretion of the Training Organization, with immediate application. Only the latest version posted online will be applicable.

11.2 The Training Organization is authorized to use the corporate name, commercial name and/or brands of the Client, and where applicable the group of which it is a part, as a commercial reference on any medium or on any occasion for marketing and/or advertising purposes without prior authorization from the Client.

11.3 In the context of the execution hereof, the Parties carry out and will carry out their activities independently without, in particular, this being able to be interpreted as creating between them a relationship of subordination or a de facto partnership.

11.4 These General Terms and Conditions are governed by French law. Any dispute relating to its execution or interpretation will fall under the exclusive jurisdiction of the Paris Commercial Court, even in the event of summary proceedings, warranty claims or multiple defendants.

Preambles

Pursuant to Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms, you have the rights of opposition (art. 26 of the law), access (art. 34 to 38 of the law) and rectification (art. 36 of the law) of data concerning you.
Thus, you can request an update or deletion of information concerning you which is inaccurate, incomplete, equivocal, out of date or whose collection or use, communication or conservation is prohibited. To exercise this right, contact the webmaster at the email address contact@formacity.fr. Only our company is the recipient of the information you communicate to it.

Owner

This site belongs to the company : Formacity
Address : 17 Passage du Ponceau 75002 Paris
Tel : (+33) 01 44 82 58 01
Email : information@formacity.fr
Registered in the Paris commercial register
SIRET : 508 485 109 00021
RCS : B 508485109

Accommodation

Hostinger Ltd. (Hostinger International private limited company),
61 rue Lordou Vironos 6023 Larnaca, Chypre.
https://www.hostinger.fr

1 Limitation of liability

The user of the website www.formacity.fr acknowledges having read these conditions of use and undertakes to respect them.
The user of the website acknowledges having the skills and means necessary to access and use this site.
The user of the website www.formacity.fr acknowledges having verified that the computer configuration used does not contain any viruses and that it is in perfect working order.
We make every effort to offer users available and verified information and/or tools but cannot be held responsible for errors, lack of availability of functionalities and/or the presence of viruses on its site.
The information provided by www.formacity.fr are for information purposes only and cannot exempt the user from a complementary and personalized analysis.
Formacity cannot guarantee the accuracy, completeness or timeliness of the information published on its site.
Consequently, the user acknowledges using this information under his exclusive responsibility.

2 Cookies

The user is informed that during his visits to the site, a cookie may be automatically installed on his browser software.
The cookie is a block of data which does not identify users but is used to record information relating to their navigation on the site.
The configuration of the browser software allows you to inform yourself of the presence of cookies and possibly refuse them.
The user has all the above-mentioned rights with regard to personal data communicated through cookies under the conditions indicated above.
The user of the website www.formacity.fr is required to comply with the provisions of Law No. 78-17 of January 6, 1978 as amended, relating to data processing, files and freedoms, violation of which is punishable by criminal sanctions.
In particular, they must refrain, with regard to personal information to which they access or could access, from any collection, from any misuse in a general manner, from any act likely to harm the privacy or reputation of individuals.

3 Intellectual property

The general structure as well as the software, texts, animated or non-animated images, its know-how and all other elements making up the site are the exclusive property of www.formacity.fr.
Any total or partial representation of this site or its contents by any person whatsoever, without the express written authorization of Formacity is prohibited and would constitute an infringement punishable by articles L. 335-2 et seq. of the Intellectual Property Code which defines counterfeiting as an offense, and provides for up to three years of imprisonment and a fine of 300,000 euros.
The same applies to the databases appearing, where applicable, on the website which are protected by the provisions of the law of July 1, 1998 transposing into the Intellectual Property Code the directive of March 11, 1996 relating to the legal protection of databases, and of which Formacity is a producer.
The brands of www.formacity.fr and its partners, as well as the logos appearing on the site are registered trademarks.
Any total or partial reproduction of these brands or logos made from elements of the site without the express authorization of Formacity is therefore prohibited within the meaning of the Intellectual Property Code.
Formacity y cannot be responsible for access by users via hypertext links set up within the website to other resources present on the network. Any dispute relating to the use of the site www.formacity.fr is subject to French law.
The user acknowledges the exclusive jurisdiction of the competent courts of Paris.

4 Use of visuals

Unless otherwise specified in writing before the transfer of ownership, any customer authorizes Formacity to use their image free of charge and, where applicable, to distribute them, in return for the publicity given to the visuals due to their presence on the site. www.formacity.fr, it being understood that this use is limited to the promotion of the services and skills of the company Formacity, it cannot give rise to any compensation.

1 Item : Texts of laws in force

These regulations are established in accordance with the provisions of articles L.6352-3 and L6313-1 and L.6352-4 and R.6352-1 to R.6352-15 and L6353-2 and R6353-1 of the Labor Code. It applies to all trainees, for the duration of the training followed. The aim of the training is to increase the professional skills of each employee.

2 Item : Discipline

Trainees are strictly prohibited :
- To bring alcoholic beverages into the premises of the organization ;
- Showing up to training in a state of intoxication ;
- To take or modify the training materials ;
- Change computer settings ;
- to eat in the classrooms ;
- to use their cell phones during the sessions.

3 Item : Internship sanctions

Any action considered to be faulty by the management of the training organization may, depending on its nature and seriousness, be subject to one or other of the following sanctions in ascending order of importance. :
- Warning written by the Director of the training organization ;
- Blame
- Permanent exclusion from training

4 Item : Interview prior to sanction and procedure

No sanction may be imposed on the trainee without him being informed at the same time and in writing of the grievances held against him. When the training organization considers taking a sanction, it summons the trainee by registered letter with acknowledgment of receipt or delivered to the person concerned against discharge, indicating the purpose of the summons, the date, time and place of the interview, unless the envisaged sanction has no impact on the trainee's presence for the rest of the training.

During the interview, the trainee has the possibility of being assisted by a person of his choice, trainee or employee of the training organization. The summons mentioned in the previous article mentions this option. During the interview, the reason for the planned sanction is indicated to the trainee: he or she then has the opportunity to give any explanation or justification for the facts with which he or she is accused.

When a precautionary measure of temporary exclusion with immediate effect is considered essential by the training organization, no definitive sanction relating to the wrongful conduct at the origin of this exclusion can be taken without the trainee having first been informed of the grievances held against him and, possibly, having been summoned to an interview and having had the opportunity to explain himself before a Disciplinary Committee.

The sanction cannot take place less than one clear day nor more than 15 days after the interview or, where applicable, after advice from the Disciplinary Commission. It is the subject of a written and reasoned notification to the trainee in the form of a registered letter, or a letter delivered against discharge. The training organization simultaneously informs the employer, and possibly the joint body covering the training costs, of the sanction taken.

5 Item : Representation of trainees

When an internship lasts more than 500 hours, a titular delegate and a substitute delegate are elected by two-round single-member ballot. All trainees are eligible to vote and are eligible, except prisoners admitted to participate in professional training.

The training organization organizes the vote which takes place during training hours, no earlier than 8 p.m., no later than 40 hours after the start of the course. If it is impossible to designate the trainee representatives, the training organization draws up a report of deficiency which it transmits to the territorially competent regional prefect.

Delegates are elected for the duration of the training. Their functions end when they cease, for whatever reason, to participate in the training.
If the titular delegate and the alternate delegate have ceased their functions before the end of the training session, a new election is carried out under the conditions provided for in articles R.6352-9 to R.6352-12.

The trainee representatives make any suggestions to improve the progress of the internships and the living conditions of the trainees in the training organization. They present all individual or collective complaints relating to these matters, health and safety conditions and the application of the internal regulations.

6 Item : Hygiene and safety

Preventing the risk of accidents and illnesses is imperative and requires everyone to fully comply with all applicable health and safety regulations. To this end, the general and specific safety instructions in force in the organization, where they exist, must be strictly respected under penalty of disciplinary sanctions.

When training takes place on the company site, the general and specific safety instructions applicable are those of the training organization.

7 Item : Contract terms

A copy of these regulations is given to each trainee before final registration.

8 Item : Process

In the case of inter-company training, trainees must go to the training site located at 17 Passage du Ponceau 75002 Paris. The teacher will wait for the trainees at the training location.

In the case of intra-company training, the trainer will go directly to the premises of the company concerned. The training will take place: under the supervision of an approved teacher, with as material: a training booklet, a copy of which is provided to each trainee, as well as audiovisual support on which the teacher will base his lessons. Following said training, a training certificate will be provided to each trainee.

1 Qualiopi Holder

I hold Qualiopi certification as a prerequisite for the promotion and sale of services eligible for the CPF, from January 1, 2022.

2 As part of certification training, I guarantee that:

▶ I am the owner of the professional certification concerned or I have the written consent of its owner

▶ I do everything possible to ensure that the learner who has completed certification training within my organization is able to pass their certification

3 I present my offer with loyalty

Whatever the communication medium (website, mailing, telephone canvassing, displays, etc.), prohibiting me from attracting or misleading the consumer by:

▶ Demonstration of alleged free provision of all or part of the service

▶ Highlighting customer gifts (e.g. computer, tablet, etc.)

▶ Non-compliance with the rules for using the MonCompteFormation brand, charter or logo, in particular through exploitation unrelated to an offer clearly identified and actually eligible for the CPF

▶ The usurpation of any representation of public authorities (Marianne, ministerial logo, etc.) or any other institutional sign or symbol with the sole aim of creating ambiguity about my real identity

4 I master the use of subcontracting

Whatever its purpose and in particular:

▶ I prohibit myself, and prohibit all my partners, from any aggressive or misleading commercial canvassing practices;

▶ I prohibit my subcontractor from using subcontracting itself.

5 I provide the consumer with all guarantees against the usurpation of their personal data

I provide the consumer with all guarantees against the usurpation of their data, in particular I refrain from usurping their Social Security number or any identifiers of a third party to use their Personal Training Account.

6 Fee information

I inform you in advance of the costs covered by the Personal Training Account and any additional costs.

7 I make the search easier

I facilitate research on MonCompteFormation by not duplicating similar actions in my catalog for the sole purpose of optimizing my positioning in the search engine, the neutrality of which is ensured by the Caisse des Dépôts et Consignations.

8 Positioning test

I plan evaluation methods before the training to adapt the service to the needs of the person, if necessary.

9 I assist, I inform, I accompany

As part of a fully or partially distance learning training action, I guarantee:

▶ Appropriate technical and educational assistance to support the beneficiary throughout their journey;

▶ Information from the beneficiary on the educational activities to be carried out remotely and their average duration;

▶ Evaluations which mark or conclude the training action.

10 Mediation service

I offer any consumer customer amicable and free recourse to the consumer mediation service, in the event of a dispute.