DEFINITIONS

Customer: co-contractor of Davidson consulting
Multi-company training: Training carried out on our premises or on premises provided by Davidson consulting.
Single-company training: Customised training carried out on behalf of a Customer on our premises, on the Customer’s premises or on premises provided by the Customer or by Davidson consulting.

SUBJECT MATTER AND SCOPE

Any order for training implies the Customer’s unreserved acceptance and full and complete adherence to these General Terms and Conditions of Sale which prevail over any other Customer document, and in particular over any general terms and conditions of purchase.

CONTRACT DOCUMENTATION

Davidson consulting shall send the Customer a continuing professional development agreement drawn up in accordance with Articles L6353-1 and L6353-2 of the French Labour Code. The Customer undertakes to return a signed copy as soon as possible to Davidson consulting, bearing its company stamp.
A certificate of attendance can be sent to the Customer on request.

MULTI-COMPANY TRAINING

Financial Conditions
Davidson consulting’s acceptance being conditioned by payment in full of the invoice, Davidson consulting expressly reserves the right to freely dispose of the places retained by the Customer up to one week before the scheduled date.

Opening of a training session
Davidson consulting reserves the right to postpone a training session without compensation, no later than one week before the scheduled date, for educational reasons.

SINGLE-COMPANY TRAINING

Financial Conditions
A commercial and financial proposal shall be drawn up beforehand by Davidson consulting. The Customer shall pay a 30% deposit upon signing the order.
The remainder shall be due at the end of the training course. If an invoice which has fallen due is not paid in full, after formal notice has remained without effect within 5 working days, Davidson consulting reserves the right to suspend any future training.

REPLACEMENT OF A PARTICIPANT

Davidson consulting provides the Customer with the opportunity to replace a participant without additional charge up until the opening of the training session in question. Any replacement requests must be made in writing.

CONDITIONS FOR CANCELLATION OF COURSES BY THE CUSTOMER

Any cancellation by the Customer must be made in writing.

Should the receiving company renounce the performance of this agreement within 11 days before the starting date of the training provision,there are no cancellation charges.

Should the receiving company renounce the performance of this agreement within 11 days before the starting date of the training provision, an invoice corresponding to 50% of the amount of the course will be sent to the Customer.

Should the receiving company renounce the performance of this agreement within 5 days before the starting date of the training provision,an invoice corresponding to 100% of the course will be addressed to the Customer.

PRICES AND PAYMENTS

All of our prices are given in euros excluding tax. They are to be increased by VAT at the current rate. Any training courses started are to be paid for in full.
Invoices are payable in euros, within 30 days of the invoice date, without discount and payable to Davidson consulting.

PAYMENT BY AN OPCO

If the Customer wishes the payment to be made by the OPCO on which they depend, they are responsible for:

– requesting that the OPCO pays for the training before it starts and ensuring that this request is successful

– ensuring that the payment is made by the OPCO they have designated.

If the OPCO only partially covers the cost of the training, the Customer shall be charged for the remainder.

If Davidson consulting has not received payment from the OPCO by the 1st day of the training, the Customer shall be charged for the full cost of the course.

If the OPCO fails to pay, for whatever reason, the Customer shall be liable for the full cost of the training and shall be charged the corresponding amount.

ORDER REFUSAL

If a Customer places an order with Davidson consulting, without having paid for the previous order(s), Davidson consulting may refuse to fulfil the order and deliver the training in question, without the Customer being able to claim any compensation, for any reason.

INFORMATION TECHNOLOGY AND CIVIL LIBERTIES

The Customer is informed that the personal information disclosed to Davidson consulting pursuant to and in the fulfilment of the orders and/or sales may be disclosed to Davidson consulting’s contractual partners for the purposes of the aforementioned orders. In accordance with Law No.78-17 of January 6, 1978, known as the French Data Protection Act, updated by the Law of August 6, 2004, the Customer has the right to access and rectify their personal data and object to their use. This right can be exercised by making a request by e-mail or by post addressed to Davidson consulting.

INTELLECTUAL PROPERTY

– For multi-business training

The rights of reproduction, use, dissemination, adaptation, modification and exploitation of the multi-company training materials remain the exclusive property of Davidson consulting and cannot be transferred to the Customer.

– For single-company training

Subject to the payment in full of the price of the training session, Davidson consulting may transfer to the Customer the rights of reproduction, use, dissemination, adaptation, modification and exploitation of the training materials, for internal use only and under conditions to be defined by the Parties.

LIABILITY

Davidson consulting may be held liable for any direct damage suffered by the Customer resulting from the implementation of the training activities.

The compensation due to the Customer, in compensation for their loss, may not exceed the amount corresponding to the sums paid by the Customer to Davidson consulting for the calendar year during which the damage occurred.

CONFIDENTIALITY

Any information (except information which is publicly accessible) of which Davidson consulting or the Customer is aware or which has been disclosed by the other party or by a customer to a third party, before or during the performance of the agreement, is strictly confidential and each party shall refrain from disclosing it.

For the purposes of the performance of the services, each Party is authorised to disclose the above-mentioned information only to its employees and/or any authorised subcontractors; each Party shall ensure that its employees and/or any subcontractors comply with this obligation. Each Party undertakes to return said information (or destroy it, as the other Party chooses) as well as any copies of it, within 5 working days after the end or cancellation of the agreement or purchase order, at the other Party’s simple request. The Parties shall be bound by this obligation of confidentiality for a period of two years from the termination of their contractual relations.

COMMUNICATION

The Customer expressly authorises Davidson consulting and its subsidiaries to mention its name and logo and to mention by way of reference the subscription to an order and any operation resulting from its application in all their commercial documents.

DISCLAIMER

The fact that Davidson consulting does not avail itself at a given time of any of the clauses presented cannot be considered as a waiver of the right to avail itself of these same clauses at a later date.

APPLICABLE LAW

The General Terms and Conditions and all relations between Davidson consulting and its Customers are governed by French Law.

ALLOCATION OF JURISDICTION

All disputes that cannot be settled amicably shall be the under the SOLE JURISDICTION OF THE PARIS COMMERCIAL COURT regardless of the Customer’s head office or residence, notwithstanding multiple defendants or the introduction of third parties.

This jurisdiction clause shall not apply in the event of a dispute with a non-professional Customer for whom the legal rules of material and geographical jurisdiction shall apply. This clause is stipulated in the interest of Davidson consulting which reserves the right to waive it at its discretion.

ELECTION OF DOMICILE

Davidson consulting elects domicile at its Head Office at 40 rue Fanfan la Tulipe, 92100 Boulogne-Billancourt

 

Updated on 23.01.2023