General terms and conditions of sale
1. Field of application
The present general conditions are applicable to the sale of services by NEXT LEVEL FORMATION. The present General Conditions are sent to the client at the same time as the order form and/or the agreement and/or the training contract and/or the estimate. The approval of the quote implies the client’s unreserved acceptance and full and complete adherence to the present General Conditions, which prevail over any other document of the client.
– Customer: legal or physical person who purchases the service;
– Trainee : physical person who benefits from the training;
– Service: act of animation/training/engineering/consulting sold to the client.
Any order for Services by a client must be the subject of an order form and/or an agreement and/or a training contract and/or a quote signed by the client and validated by NEXT LEVEL FORMATION. The orders are irrevocable for the client, unless NEXT LEVEL FORMATION accepts them in writing.
NEXT LEVEL FORMATION reserves the right to refuse the client’s order in case of delay or default in the payment of all or part of an amount due by the client to NEXT LEVEL FORMATION, for any reason whatsoever. Any request to modify the composition or the volume of an order placed by a client can only be taken into account by NEXT LEVEL FORMATION if the request is made in writing, including by e-mail with acknowledgement of receipt, and is received by NEXT LEVEL FORMATION at the latest ten (10) days before the planned date of service.
In case of modification of the order by the client, NEXT LEVEL FORMATION will be released from the deadlines initially agreed upon for its execution. The modification of the training dates by the client can be done up to two (2) weeks before the beginning of the training without the company NEXT LEVEL FORMATION being able to claim any compensation. NEXT LEVEL TRAINING reserves the right to modify the date of the course up to two (2) weeks before the beginning of the course. In case of modification, NEXT LEVEL FORMATION will inform the client without delay by email. No compensation or remuneration is due.
4.1. Any registration to a training course implies the respect by the trainee of the applicable rules and regulations, which are brought to his/her attention.
4.2. NEXT LEVEL FORMATION cannot be held responsible for any damage or loss of objects and personal effects brought by the trainees.
4.3. It is the responsibility of the client/trainee to verify that their personal and/or professional insurance covers them during their training.
5. Travel expenses ( (transport, accommodation and catering)
Unless the client expresses a specific request, the travel/accommodation/catering costs related to the service are billed to the client at the end of the mission.
The price of the Services appears in the estimate signed by the customer. All the prices are indicated without VAT and including VAT in euros.
7.1. The Services are subject to an invoice issued by NEXT LEVEL FORMATION at the end of the service.
7.2. When the training is paid for by a third party organization (OPCA…), it is up to the client to
– to make the request for payment before the beginning of the training and to make sure that this request is properly completed and paid for by the organization that he has designated;
– to explicitly indicate on the order form and/or the agreement and/or the training contract which third party organization will be invoiced, by indicating precisely its name and address.
8. Cancellation of the order
8.1. In case of cancellation of the order by the client between 15 and 8 days before the service, NEXT LEVEL FORMATION reserves the right to charge the client 30% of the amount of the service or to retain 30% of the amount paid as compensation.
8.2. In case of cancellation of the order less than 8 days before the service, NEXT LEVEL FORMATION reserves the right to charge the client 50% of the amount of the service or to retain 50% of the amount paid.
8.3. In case of cancellation of the order the day before or the day of the service, NEXT LEVEL FORMATION reserves the right to invoice the client for the full amount of the service.The clauses contained in articles 8.1, 8.2 and 8.3 will be applied by right, without the need to accomplish any formality or formal notice.
8.4. These conditions can be exceptionally modified with in the framework of a specific service and in case of written agreement by the NEXT LEVEL FORMATION consultant in charge of the service.
9. Delay or default of payment
9.1. Unless postponed at the client’s request and accepted by NEXT LEVEL FORMATION, any delay in payment of all or part of a sum due on its due date will bear interest to the benefit of NEXTLEVEL FORMATION at the rate of three times the legal interest rate. This rate is calculated prorata temporis by period of one calendar month, each month started being counted as a whole month.
If NEXT LEVEL FORMATION were to entrust the collection of its debt to a third party, the client would be liable, in addition to the aforementioned late payment interest, for the reimbursement of expenses and fees incurred.
This clause shall apply automatically, without the need to accomplish any formality or formal notice.
9.2. In addition, in the event of late payment and/or non-payment of one or more invoices by the customer, and fifteen (15) days after a formal notice of default that has remained unsuccessful, sent by registered letter with acknowledgement of receipt, the order in question shall be terminated as of right if NEXT LEVEL FORMATION sees fit, without prejudice to the exercise of any other rights that NEXT LEVEL FORMATION may have at its disposal at the time of this termination or as a result of the latter.
10. Intellectual property
NEXT LEVEL FORMATION is the sole owner of the intellectual property rights of all the trainingcourses it offers to its clients. All content and teaching aids, whatever the form (paper,digital, …), used within the framework of the training courses, belong exclusively to NEXT LEVELFORMATION. Any use, representation, reproduction in whole or in part, translation, transformation and, more generally, any exploitation not expressly authorized by NEXT LEVEL FORMATION is illicit and may result in civil and/or criminal proceedings based on the intellectual property code.
NEXT LEVEL FORMATION, the client and the trainee mutually agree to keep confidential all information and documents, whatever their form and nature (economic, technical,commercial, …), to which they may have had access within the framework of the execution of the training service or during the exchanges that took place prior to the conclusion of the contract.
12. Data processing and liberties
Personal data is collected in order to respond to the client’s and trainee’s request and potentially to keep them informed of NEXT LEVEL FORMATION’s service offers; no personal information is transferred to third parties. In accordance with the French law on information technologyand civil liberties of January 6, 1978, the client and the trainee have a right of access that they can exercise with the personal data protection correspondent firstname.lastname@example.org.They also have the right to modify, rectify and delete personal data concerning them, which they can also exercise at email@example.com.
13. Applicable law – Attribution of jurisdiction
13.1. The present General Conditions are written in French language. In the event that it is translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
13.2. The present General Conditions are subject to French law. Unless otherwise provided by law, any dispute related to the validity, interpretation, execution or termination of these Terms and Conditions shall be submitted to the French courts.
NEXT LEVEL FORMATION reserves the right to modify the present General Conditions at any time, without prior notice, it being understood that such modifications will be inapplicable to orders previously accepted by NEXT LEVEL FORMATION.