General Terms and Conditions of Sale and Use of Training Services
Hereafter the General Terms and Conditions of Sale of the SASU Upgrade Media and its brand NWE Academy whose registered office is located at 19 rue Mercière, 69002 Lyon, SIRET 84943716500012 (hereafter “Upgrade Media” or “Training Organization”)
The Training Organization is registered under the number 84691693569 with the prefect of Auvergne-Rhône-Alpes. This registration does not imply state approval.
Upgrade Media, a training organization and its brand NWE Academy reserves the right to modify or update its general terms and conditions of sale at any time. The applicable general terms and conditions of sale are those available and consultable on the site on the day of the order.
Article 1: Services sold
The training provided by Upgrade Media and its brand NWE Academy fall within the scope of professional training and the provisions of Article L 6313-1 of the Labour Code and are therefore carried out in accordance with a pre-established programme which, according to the objectives set, specifies the teaching, technical and supervisory resources implemented as well as the processes for monitoring its execution and assessing the results.
Participation in the training provided by Upgrade Media and its brand NWE Academy implies that the buyer of the said services, hereinafter referred to as “the Customer, that the latter ensures that the registered participants have the required knowledge and / or meet it in terms of competence to be able to follow the training.
Article 2: Application of the general conditions of sale of training services – Duration
These General Terms of Sale are applicable to any training order placed by a Customer with Upgrade Media, whether for “inter-company” or “intra-company” training.
Likewise, the simple fact of attending, in person or by one of its employees, a training session implies the Customer’s full and unreserved acceptance of these General Terms and Conditions of Sale for the duration of the contractual relationship linked to the training. Thus, placing an order or attending a training session implies the Customer’s express and unreserved acceptance of these General Terms and Conditions of Sale, which shall prevail over all other conditions.
These can only be modified by a written document signed by the Customer and the Upgrade Media manager.
The fact that Upgrade Media and its brand NWE Academy do not avail themselves at a given time of any of these General Conditions of Sale can not be interpreted as a waiver to avail themselves later of any of the said conditions.
Article 3: Scope of application
These General Terms and Conditions of Sale apply to all “inter-company” training courses offered by Upgrade Media and its brand NWE Academy in its current catalogue, as well as to all “intra-company” training courses defined for a Customer after joint validation of the content, format and pricing proposed by Upgrade Media or its brand NWE Academy and the Customer.
Article 4: Order and registration process
Registration for an inter-company training course
Ordering a customised training course
The in-company training courses are tailor-made according to the needs expressed by the Client and after prior discussions with Upgrade Media’s manager, David Sallinen.
Mandatory elements for the order
In order to draft the training agreement and ensure the proper monitoring of the order, Upgrade Media ensures that the registration includes the following elements:
- contact details of your company, of the person in charge of the file and billing address if different,
- e-mail address or complete postal address of the trainee if different from the main address,
- name and surname of the trainee(s),
- course title or Upgrade Media reference,
- dates of the course,
- amount of the order.
Any registration for training is the subject of a contract or a written professional training agreement, signed by the Customer. Upon receipt of this agreement, Upgrade Media training undertakes to process the order within 7 days.
As soon as the signed training agreement is received, the registration is recorded. A convocation is systematically sent to the registered trainees. The invitation is sent by e-mail to the trainee. In the absence of a valid e-mail or postal address, it is sent to the person in contact with Upgrade Media.
Article 5 : Modification of the order – Cancellation or postponement
Upgrade Media reserves the right to make any changes it deems appropriate to its training programs and services as well as the schedule of its training courses. It reserves the right to modify, without prior notice, the speakers and to remove one or more titles from its range of training.
In case of cancellation of the course by Upgrade Media for any reason whatsoever (such as unavailability of the trainer for reasons of illness, power failure, unavailability of the computer system, insufficient number of participants, labor disputes, weather conditions) the training (or training) ordered will be (have) postponed to a later date without compensation or penalty due to the Customer.
In case of modification of the program or schedule of the training, as in case of cancellation of training, Upgrade Media training undertakes to notify Customers who have ordered these courses, or directly the participants in these courses designated by the Customer previously registered 7 days at least before the start of the training concerned. Customers and / or participants may choose a new date in the calendar of training courses offered.
Any cancellation or postponement of registration by the Client must be notified and confirmed in writing.
The financial consequences of the cancellations and carry-overs are as follows:
Any cancellation or postponement on the part of the Client must be made in writing.
They give rise :
- to a full credit if received no later than 15 daysbefore the start of the course,
- to be invoiced as a lump sum according to the time limit :
- 30% if the cancellation is received less than 15 days and up to and including 10 days before the start of the course,
- 50% if received less than 10 days and up to 3 days before the start of the course.
- 100% if the Company receives the cancellation less than three days before the D-day.
Under no circumstances may this forfeiture be deducted from the amount of the contribution to the development of professional training.
Any training started will be due in full by the Client.
Article 6 : Prices
The training services are invoiced at the price in effect at the time of the confirmation of the training order.
The price charged by Upgrade Media includes the provision of the training service in accordance with the quality requirements of Upgrade Media.
The cost of meals, travel and accommodation for the participants in the training course are not included in the price of the training service.
Article 7: Billing and payment
In the event of financing by a skills operator (OPCO), notification of its name, membership number, file number. The agreement of the OPCO must be sent to us before the first day of the training, otherwise the Client will be invoiced for the full cost of the course.
An invoice shall be issued and given to the Customer by Upgrade Media at the end of the training for any registered trainee.
The price of the service will be expressed in Euros.
Payment – Terms and Conditions
The price of training services is payable in cash, at the end of each training session, unless prior written agreement between the Customer and the President of Upgrade Media. Any course started is considered due in full.
In the case of financing through a professional organization, it is the Customer’s responsibility to obtain the payment of the training ordered from this organization. In the event that this coverage is not obtained before the start of the Customer’s participation in the training in question, the Customer shall pay the amounts due to Upgrade Media and shall be responsible for reimbursement to the OPCO on which it depends.
Payment – Late or Default
In accordance with the provisions of article L 441-6 of the French Commercial Code, the payment period for amounts due may not exceed thirty days from the end of the month as from the date of issue of the invoice.
Any sum not paid by the due date shown on the invoice will generate late payment penalties payable on the day following the payment date shown on the invoice at the legal interest rate applied by the European Central Bank plus 10 percentage points, which may not however be less than three times the legal interest rate, as well as a fixed indemnity of €40 for collection costs, in accordance with the provisions of article D 441-5 of the French Commercial Code.
The amount of such late payment interest shall be deducted by operation of law from any discounts, rebates or discounts due by Upgrade Media.
The Customer shall reimburse all costs incurred by the contentious recovery of the sums due, including and in particular the fees of judicial officers (bailiffs) or court officers.
In any case, payments may not be suspended or be the subject of any compensation without the prior written consent of the head of the company Upgrade Media. Any partial payment will be charged first on the due part of the debt, then on the amounts whose due date is more recent.
Article 8 : Documents given to the Client and the trainee
The training organization gives the Client :
- a copy of the training agreement,
- the detailed program of the training action,
- the invoice(s) provided for in the agreement,
- a copy of the trainees’ attendance list,
- a certificate of achievement for each trainee.
The training organization gives to each trainee :
- an invitation including the program, the objectives, the dates/times/places of the training, the internal rules,
- a certificate of completion of training.
Article 9: Intellectual Property – Copyright
All the documents handed out during the course are original works and as such are protected by the legislation on intellectual property and copyright.
Accordingly, the Customer shall refrain from using, copying, transmitting and generally exploiting all or part of these documents, without the prior written consent of the head of the company Upgrade Media.
The Client shall not make any copies of “proprietary” software used in the training courses, with the exception of the exercises carried out, provided that the files do not in any way include parts of the program protected by any right. The “free” software that will be presented can be copied or downloaded by the trainees.
The Client is responsible for the respect of these prohibitions on the part of the participants that he will designate to attend the training sessions and declares that, to this end, he is the guarantor and jointly and severally liable for these participants.
Article 10: Rules of procedure for the conduct of training courses
When participating in training sessions, the Customer agrees to comply with the provisions of the rules of procedure of Upgrade Media which he declares to have read and accept the terms.
The Client is responsible for the compliance of the participants he will designate to attend the training sessions and declares that he is, to this end, the guarantor and jointly and severally liable for these participants.
Article 11: Notifications
All notifications to be made in the context of the execution of these General Terms and Conditions of Sale shall be deemed to have been made if they are sent by registered letter with acknowledgement of receipt to the following addresses
- Upgrade Media: at the address of its headquarters, 19 rue Mercière, 69002 Lyon,
- Customer: at the address indicated by the Customer at the time of the order.
Article 12: Nullity of a clause
If any of the provisions of these General Conditions of Sale were to be nullified, this nullity would not entail the nullity of the other provisions of the said General Conditions of Sale, which shall remain in force between Upgrade Media and the Customer.
Article 13: Confidentiality of Data
The information requested from the Customer is necessary for the processing of his order.
In the event that the Customer agrees to communicate individual data of a personal nature, he/she has an individual right to access, withdraw and rectify such data under the conditions provided for by Law No. 78-17 of 6 January 1978 on data processing, files and freedoms. The Customer must send any written request to the address of Upgrade Media headquarters.
Article 15: Jurisdiction / dispute / applicable law
In case of difficulty in the interpretation or execution of these General Conditions of Sale, or for any dispute arising between Upgrade Media and the Customer – and which could not be settled amicably – Upgrade Media and the Customer expressly agree that the Commercial Court of Lyon shall have sole jurisdiction.
The present General Conditions of Sale are subject to French law for their interpretation and execution.
Update of the general conditions of sale: 16/11/2021