Article 1 - Purpose
1. These General Terms of Sale (GTC) apply to training services, organized and provided by MVD TRAINING, in the form of short-term intra-company or inter-company internships.
2. These services concern the development and deepening of the skills of the client company's employees in the fields of digital electronics technologies for AMD (previously Xilinx) products.
3. Most in-company sessions take place at the customer's premises. It is the customer's responsibility to organize and provide MVD TRAINING's trainers with the hardware and software resources required for the training to run smoothly, as mentioned in the program document. They can also be given remotely via the WEBEX videoconferencing system.
4. Inter-company sessions are held remotely via the WEBEX videoconferencing system.
5. Training with customized content is the subject of a specific program and proposal.
6. For each proposed training, a program is available in which appears :
- the duration of the training
- the objectives
- the prerequisites
- hardware and software configurations
- content per day of training
- teaching aids
- the methods for monitoring and assessing results
Article 2 - Orders
1. Applications for training may be made to MVD TRAINING by telephone or e-mail. However, they are definitive only after receipt of the quotation and / or the training agreement duly initialed, stamped and signed by the client.
2. The quotation explicitly specifies the training concerned according to the model provided in the catalog: title and reference of training, date, place, duration, number of participants, and cost of delivery.
3. Upon receipt of the quote signed by the client, a training agreement is sent to him, to be returned to MVD TRAINING duly initialed, stamped and signed. For inter-company sessions, the participant will receive an email before the start of the training session, with the invitation, the links to connect to the videoconferencing system and the links to download the course material.
4. For specific training, a quote is established with a customized content proposal. As soon as the technical content of the training course has been approved, the complete quotation (price offer + specific content + GTC) is sent. This quotation, initialled and signed by the customer, is equivalent to an order confirmation.
5. If the client makes use of a funding agency (OPCO, ...), it is his responsibility to provide sufficient time to meet the requirements related to the financing dossier. It is the client's responsibility to ensure that the financing agreement has been obtained from the organization requested prior to any confirmation of participation in the training offered by MVD TRAINING.
6. In the event that registration is confirmed by the client and a planned takeover is not provided by the funding agency, MVD TRAINING will be invoiced directly to the customer.
7. A registration form is provided on-line on the MVD TRAINING website.
Article 3 - Price
1. The cost of the training is indicated in the "planning" section of the online catalog and confirmed in the quotation. This price includes the provision of course materials per participant.
2. In order to preserve the quality of the training, the maximum number of participants may be limited by MVD TRAINING In the event that the number of participants is higher than that recommended by MVD TRAINING, a second session may be organized under the same financial conditions.
3. The trainer's travel, accommodation and meal expenses are invoiced to the client upon presentation of receipts during intra-company sessions.
4. Taxes: prices are exclusive of taxes, the T.V.A. is applicable at the rate in force on the date of invoicing and borne by the customer.
Article 4 - Modification, cancellation of the order due to MVD TRAINING
1. MVD TRAINING reserves the right to modify the contents of the catalog during the course of the year according to the evolution of the subject.
2. For reasons of force majeure, MVD TRAINING reserves the right to cancel or postpone a session, even if the participants have received a convocation. MVD TRAINING will in this case notify the participants or their persons responsible for cancellation or deferral of the session. In this case, the canceled session is re-scheduled for the participants.
3. In the event of cancellation on the part of MVD TRAINING, regardless of the cause and unless agreed to with the client, all duties already collected will be reimbursed.
Article 5 - Modification, cancellation of the order by the customer
1. For cancellation of the order for a training benefit due to the client, less than ten working days before the scheduled start date, the cost of the service and the participation fee (travel fees) are due in full.
2. For any cancellation of the order for a training benefit due to the customer, more than ten working days before the scheduled start date, only the registration or organization booking fee will be due (30% of the cost total training).
3. In the event of cancellation of training due to the client, the costs of designing and preparing the training course (package adaptation ...) included in the estimate, as well as any expenses incurred (travel fees, ...) in totality.
Article 6 - Security - Police - Hygiene
1. MVD TRAINING is committed to complying with customer safety, police and hygiene regulations. The customer undertakes to provide MVD TRAINING operators with all necessary information and instructions.
2. In general, MVD TRAINING undertakes to respect and ensure the observance by its staff of the rules of its client's internal rules.
Article 7 - Labor Law and Social Legislation
MVD TRAINING will apply to its staff all the legal and regulatory provisions concerning law, working hours and social legislation. Consequently, any modification of these provisions in the performance of the service may lead to a possible revision of the service.
Article 8 - Property
MVD TRAINING retains all its copyright on the content of the training and on the documentation provided to the participants. Any reproduction, modification or dissemination to third parties of all or part of the documentation is strictly prohibited.
Article 9 - Responsibilities
1. The obligation of MVD TRAINING for the proposed training is an obligation of means and not an obligation of results.
2. MVD TRAINING holds a professional liability insurance contract.
3. The client will be insured for the consequences of his civil liability in the event that it is hired as a result of an accident caused to the personnel or material of MVD TRAINING.
4. MVD TRAINING can not be prosecuted if the execution of the training is delayed or prevented due to social conflicts, unforeseeable circumstances or force majeure or as a consequence of elements for which the client is responsible, in particular in the case of non- compliance with payment deadlines set by the contract.
5. MVD TRAINING, its insurers and its suppliers are not liable for any direct or indirect damage caused to persons or property distinct from the contract or for loss of profits or loss of profits.
Article 10 - Billing
1. At the end of the training, MVD TRAINING will send the customer the corresponding invoice with the following information:
- The customer order reference and the reference of the training agreement
- The designation of the training provision (title, reference, ...)
- The number of participants
- The cost of the service and applicable taxes
- The method of payment and / or references of the account to be credited
- The attendance sheets
- The evaluation sheet of the training
Pursuant to Article L. 6353-1 of the French Labor Code, a certificate stating the objectives, the nature and duration of the action and the results of the evaluation of the learning outcomes will be provided to the client, training.
2. Invoices are payable by check or money order payable to MVD TRAINING.
3. Payment must be made 30 days from the date of invoice.
4. As a penal clause and in application of the legal provisions of French Law No. 2008-776 of 4 August 2008, any delay in payment will give rise to a penalty equal to 3 times the legal interest rate. MVD TRAINING is also entitled to claim a lump sum of 40 EUR in the form of compensation for collection costs.
Article 11 - Litigations
If a dispute arises in connection with the interpretation or execution of this contract, the parties shall endeavor to settle it amicably prior to any legal action. In case of persistent disagreement, the dispute will be brought into the Commercial Court of Toulouse which alone will be competent to rule.