General terms of sale
Article 1 - Purpose
1. These General Terms and Conditions of Sale (the “Terms”) apply to training services organised and delivered by MVD TRAINING as short intra-company or inter-company training courses.
2. These services are intended to develop and enhance the skills of the client’s employees in digital electronics technologies for AMD products (formerly Xilinx).
3. Most intra-company sessions take place at the client’s premises. The client is responsible for organising and making available to MVD TRAINING’s trainers the hardware and software resources required for the training course to run properly, as specified in the training programme. Sessions may also be delivered remotely using the WEBEX videoconferencing system.
4. Inter-company sessions are held remotely via the WEBEX videoconferencing system.
5. Training courses with tailored content are subject to a specific training programme and quotation.
6. A training programme is available for each course offered and sets out:
- the duration of the training course
- the learning objectives
- the prerequisites
- the required hardware and software configurations
- the content for each training day
- teaching aids
- supervision
- the arrangements for monitoring and assessing learning outcomes
Article 2 - Orders
1. Requests for training services may be made to MVD TRAINING by telephone or email. They become binding only upon receipt of the quotation and/or training agreement duly initialled, stamped and signed by the client.
2. The quotation specifies the relevant training course in accordance with the catalogue: course title and reference, date, location, duration, number of participants and training fees.
3. Once the client’s signed quotation has been received, a training agreement is sent to the client for return to MVD TRAINING, duly initialled, stamped and signed. For inter-company sessions, each participant will receive, by email before the course begins, the attendance notice, connection links for the videoconferencing system and links for downloading the course materials.
4. For tailored training courses, a quotation is prepared together with a proposed tailored content. Once the technical content has been approved, the complete quotation (price offer, tailored content and Terms) is sent. When initialled and signed by the client, this quotation constitutes order confirmation.
5. Where the client uses a funding body (OPCO, etc.), the client is responsible for allowing sufficient time to meet the requirements of the funding application. Before confirming participation in any training course offered by MVD TRAINING, the client must ensure that funding approval has been obtained from the relevant body.
6. If registration is confirmed by the client but the expected funding is not provided by the funding body, MVD TRAINING will invoice the client directly for the training service.
7. A registration form is available online on the MVD TRAINING website.
Article 3 - Prices
1. Training fees are stated in the “schedule” section of the online catalogue and confirmed in the quotation. The price includes course materials for each participant.
2. To preserve training quality, MVD TRAINING may limit the maximum number of participants. If the number of registrations exceeds the number recommended by MVD TRAINING, a second session may be organised 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 stated exclusive of tax. VAT applies at the rate in force on the invoice date and is payable by the client.
Article 4 - Amendment or cancellation by MVD TRAINING
1. MVD TRAINING reserves the right to amend the catalogue content during the year to reflect developments relating to the subject matter.
2. In the event of force majeure, MVD TRAINING reserves the right to cancel or postpone a session, even where participants have already received an attendance notice. MVD TRAINING will notify the participants or their managers of the cancellation or postponement. Where a session is cancelled, a new date will be offered to participants as a priority.
3. If MVD TRAINING cancels a session, for any reason and unless a postponement is agreed with the client, all sums already paid will be refunded.
Article 5 - Amendment or cancellation by the client
1. If the client cancels an order for a training service fewer than ten working days before its scheduled start date, the training fees and participation costs, including the travel allowance, remain due in full.
2. If the client cancels an order for a training service more than ten working days before its scheduled start date, only registration or organisational reservation costs are due (30% of the total training fees).
3. If the client cancels a training course, the design and preparation costs for the course, including any content-adaptation allowance stated in the quotation, and any expenses incurred, including travel allowance, remain due in full.
Article 6 - Safety, security and hygiene
1. MVD TRAINING undertakes to comply with the safety, security and hygiene rules in force at the client’s premises. The client undertakes to provide MVD TRAINING’s trainers with all information and instructions required for this purpose.
2. More generally, MVD TRAINING undertakes to comply with, and ensure that its staff comply with, the provisions of the client’s internal rules.
Article 7 - Employment law and social legislation
MVD TRAINING will apply to its staff all applicable legal and regulatory provisions relating to employment law, working time and social legislation. Any change to those provisions during performance of the training service may result in a revision of that service.
Article 8 - Intellectual property
MVD TRAINING retains all copyright in the training content and in the documentation supplied to participants. Any reproduction, alteration or disclosure to third parties of all or part of that documentation is strictly prohibited.
Article 9 - Liability
1. MVD TRAINING’s obligation in respect of the training courses offered is a best-efforts obligation and not an obligation to achieve a specified result.
2. MVD TRAINING holds a professional liability insurance contract.
3. The client must be insured against the consequences of its civil liability if it is incurred as a result of an accident involving MVD TRAINING’s staff or equipment.
4. MVD TRAINING may not be held liable if performance of the training service is delayed or prevented as a result of labour disputes, unforeseeable events, force majeure or circumstances for which the client is responsible, including failure to comply with the payment deadlines set out in the contract.
5. MVD TRAINING, its insurers and its suppliers are not liable for direct or indirect damage to persons or property unrelated to the contract, or for loss of revenue or profit.
Article 10 - Invoicing
1. At the end of the training course, MVD TRAINING will send the client the corresponding invoice, stating:
- the client’s purchase-order reference and the reference of the training agreement
- the description of the training service (title, reference, etc.)
- The number of participants
- the training fees and applicable taxes
- the payment method and/or the details of the account to be credited
Attachments:
- attendance sheets
- the training evaluation form
Pursuant to Article L. 6353-1 of the French Labour Code, a training certificate stating the objectives, nature and duration of the training action, and the results of the learning assessment, will be issued to the client at the end of the training course.
2. Invoices are payable by cheque or bank transfer to MVD TRAINING.
3. Payment must be made within 30 days of the invoice date.
4. As a penalty clause and pursuant to French Law No. 2008-776 of 4 August 2008, any late payment will give rise to a penalty equal to three times the statutory interest rate. MVD TRAINING is also entitled to claim a fixed amount of EUR 40 as compensation for collection costs.
Article 11 - Disputes
If a dispute arises in connection with the interpretation or performance of this contract, the parties will endeavour to resolve it amicably before taking legal action. If no agreement can be reached, the dispute will be submitted to the Commercial Court of Toulouse, which has exclusive jurisdiction.
