General Terms and Conditions of Sale: Initial, Alternating, Professional, and APEL Training
1. PURPOSE AND CONTRACTUAL SCOPE
1.1. These general terms and conditions of sale (“GTC”) aim to establish the conditions under which istec undertakes to sell a training service within the framework of initial and professional training, including alternating training, or an accreditation of prior experiental learning (APEL) service.
1.2. Placing an order implies the client’s full and unconditional adherence to these GTC.
1.3. Any contrary condition, particularly any general or specific condition opposed by the client (such as its general purchasing conditions), cannot prevail over these GTC unless formally and in writing accepted by ISTEC, regardless of the time at which it may have been brought to its attention.
1.4. The fact that istec does not invoke any of the clauses of these GTC at a given time cannot be interpreted as a waiver to invoke them later.
1.5. For certain services, specific terms of sale specify or complement these GTC. The specific terms of sale may appear after these GTC or on the estimate, purchase order, professional training agreement, or professional training contract, or be transmitted to the client along with one of these documents. In the event of a contradiction between the specific terms of sale and these GTC, the provisions of the specific terms of sale shall prevail.
1.6. If any provision of these GTC is declared null or unenforceable, the other provisions shall remain fully in force and shall be interpreted in a manner that respects the original intent of the parties.
1.7. Since istec may modify these GTC at any time, the version of the GTC applicable is the one provided to and accepted by the client.
2. DEFINITIONS
Initial training: it consists of primary and secondary education, technical or vocational education, higher education, as well as apprenticeship. It allows acquiring the knowledge, skills, and competences necessary for entering the workforce and can be carried out alternately under an apprenticeship contract.
Professional training: it aims to enable individuals, regardless of their status, to acquire and update knowledge and skills that promote their professional development and to progress by at least one qualification level during their professional life. It constitutes a determining factor in securing professional careers and promoting employees.
Work-study program: it is based on an alternating system of theoretical training in a training organization or apprenticeship center and practical training in a company. It can be carried out as part of initial training through an apprenticeship contract or as part of professional training through a professionalization contract and a conversion or promotion action through alternating periods.
Accreditation of Prior Experiential Learning (APEL): APEL allows any individual engaged in professional life to obtain a professional certification by validating their experience acquired in the context of professional and/or non-professional activities. The certification – which can be a diploma or a professional qualification or a certificate of professional qualification – must be registered in the National Register of Professional Certifications (RNCP).
Inter-company training: professional training bringing together participants from several companies, the content of which is described in the istec training catalog, conducted in the premises of ISTEC or its partners.
Intra-company training: professional training bringing together employees of the same company, carried out specifically for that company, in its premises or those of ISTEC.
Certifying training: a training program allowing the obtainment of a title or diploma registered in the National Register of Professional Certifications, either with or without internships for candidates enrolled in initial training.
Client: legal or natural person who purchases training from istec and enters into a professional training agreement or a professional;
Trainee: refers to any individual who benefits from training provided by ISTEC (in professional training), regardless of the training program used (personal training account, skills development plan, conversion or promotion through apprenticeship, professional training contract, etc.), regardless of the buyer, whether it is the individual candidate personally funding the training under a professional training contract, their employing company, or any other form of financing (OPCO, Region, Pôle Emploi, etc.).
Candidate: refers to any individual who applies for a certification issued by ISTEC within the framework of VAE (Validation of Prior Learning), regardless of the training program used and the associated funding.
Apprentice: refers to any individual who has entered into an apprenticeship contract and is undergoing alternating training.
Student: refers to any individual who benefits from training provided by ISTEC in initial education.
3. REGISTRATION PROCESS
3.1. For corporate clients: Registration is only validated upon receipt of the deposit, if applicable (amount indicated in the training agreement or the purchase order serving as a training agreement), and the signed training agreement, purchase order, or approved quote serving as a training agreement, bearing the company stamp.
3.2. For individuals enrolled in professional training: Registration is only validated upon receipt of the signed professional training contract and payment of a deposit. This deposit cannot exceed 30% of the training cost and can only be required after the expiration of the 10-day withdrawal period from the date of signing the contract, extended to 14 days if the contract was signed remotely.
3.3. For individuals enrolled in initial education: Registration is only validated upon receipt of the signed initial education contract and payment of a deposit, the amount of which is defined in the contract. This deposit can only be required after the expiration of the 10-day withdrawal period from the date of signing the contract, extended to 14 days if the contract was signed remotely.
3.4. For diploma programs: Registrations for a diploma program are carried out in accordance with the admission rules governing the targeted degree and, if applicable, based on the specific procedures specified within the certification framework. Registrations are processed upon receipt of the duly completed application form, accompanied by the required documents to be submitted. Registration is also subject to the admission decision pronounced by the admissions jury.
4. LIABILITY AND INSURANCE
4.1. ISTEC’s contractual liability can only be engaged for proven direct damages resulting from a fault.
4.2. Any registration for training implies that the trainee or student must comply with the internal regulations applicable to the relevant premises, which will be brought to their attention no later than the start of the training.
4.3. ISTEC cannot be held responsible for any damage or loss of personal belongings brought by students and trainees.
4.4. ISTEC is insured for damages caused by its staff to the client and its representatives within the scope of the provided training, as well as for its own property when the action takes place on the client’s premises.
4.5. The client acknowledges being insured for damages caused by its staff to ISTEC, its trainers, and subcontractors within the scope of the provided training, as well as for its own property when the said action takes place on ISTEC’s premises.
5. PRICE - BILLING AND PAYMENT TERMS
5.1. The costs are indicated on the purchase order, approved quote, and/or the professional training agreement and/or the professional training contract, as applicable. They are tax-exclusive, as ISTEC is not subject to VAT under Article 261, paragraph 4-4 of the French General Tax Code.
5.2. The billing and payment terms are specified on the purchase order, approved quote, and/or the professional training agreement and/or the professional training contract, as applicable.
6. SUPPORT BY A FINANCIAL ORGANIZATION
6.1. When the training is supported by a financial organization (particularly by an OPCO), it is the client’s responsibility to:
– Submit the support request before the start of the training and ensure its follow-up;
– Provide istec with information about the financial organization, including its business name and address, so that istec can issue the appropriate invoice and specify it on the purchase order, approved quote, and/or the professional training agreement.
6.2. If the support documentation from the financial organization does not reach the istec before the first day of training, the training fees are fully invoiced to the client. In the case of partial support by a financial organization, the remaining amount is invoiced to the client.
6.3. If the financial organization refuses to pay the costs that would have been its responsibility due to absences, withdrawal, or any reason attributable to the trainee and/or the client, the client is liable for the full cost of the service and is therefore invoiced accordingly.
7. CLIENT'S RESPONSIBILITY
Unless otherwise specified below, when not supported by a third-party financial organization, the client agrees to pay the amount due for the services within thirty (30) calendar days at the end of the month following the receipt of the invoice.
8. LATE PENALTIES AND SANCTIONS IN CASE OF DEFAULT IN PAYMENT
8.1. Any amount unpaid on the due date will result in the client paying late penalties set at three times the prevailing legal interest rate. These penalties are automatically due without any formal notice on the day following the scheduled payment date.
8.2. A fixed indemnity of 40 euros is also due for collection costs in case of late payment.
8.3. In the event of non-payment of an invoice after the due date, following an ineffective formal notice within 10 calendar days, the istec reserves the right to suspend any ongoing and/or future training (refer to the internal and pedagogical regulations).
9. INVITATION AND ATTENDANCE CERTIFICATE
9.1. The exact location and schedule of the training are communicated to the client via email. Istec cannot be held responsible for non-receipt of this information by the recipients, particularly in the case of the trainee’s or student’s absence from the training.
9.2. An attendance certificate, prepared in accordance with the duly completed attendance sheets, is sent to the client at the end of each training session.
10. CANCELLATION - POSTPONEMENT - EARLY TERMINATION - ABSENCES
Any cancellation of a training registration must be communicated in writing (email with acknowledgment of receipt, registered letter with acknowledgment of receipt).
In the event of cancellation by the legal entity client less than 30 calendar days before the start of the training, a compensation fee is due to istec under the following conditions:
– If the cancellation request is received by istec between 30 and 15 calendar days before the start of the training, istec will invoice 30% of the total cost of the training as a compensation fee.
– If the request is received between 15 and 1 calendar day(s) before the start of the training, istec will invoice 80% of the total cost of the training as a compensation fee, deducting any amounts already invoiced and/or paid if applicable.
– Any cancellation made on the same day as the training or non-appearance of the trainee will result in the invoicing of the total cost of the training as a compensation fee, deducting any amounts already invoiced and/or paid if applicable.
– Once the training has started, any cancellation or interruption will result in the invoicing of the total cost of the training, deducting any amounts already invoiced and/or paid if applicable.
It should be noted that the compensation fees charged in case of cancellation or interruption of the training are invoiced as a compensation fee and cannot be covered by an OPCO.
– the cancellation request is received by istec after the withdrawal period has expired and before the start of the training, istec retains the deposit or invoices it, if applicable, unless there is a case of force majeure.
– Once the training has started, if the individual client is unable to continue the training due to duly recognized force majeure (an unforeseeable, insurmountable event beyond their control), the contract is terminated automatically, and the training services actually provided are invoiced pro rata temporis based on their value specified in the contract, deducting any amounts already invoiced and/or paid if applicable.
In the absence of force majeure, once the training has started, any cancellation, abandonment, or interruption will result, deducting any amounts already invoiced and/or paid if applicable.
If the cancellation request is received by istec after the withdrawal period has expired and before the start of the training, istec retains the deposit or invoices it, if applicable, unless there is a case of force majeure.
Once the training has started, if the individual client is unable to continue the training due to duly recognized force majeure (an unforeseeable, insurmountable event beyond their control), the contract is terminated automatically, and the training services actually provided are invoiced pro rata temporis based on their value specified in the contract, deducting any amounts already invoiced and/or paid if applicable.
In the absence of force majeure, once the training has started, any cancellation, abandonment, or interruption will result, deducting any amounts already invoiced and/or paid if applicable, in the following invoicing terms:
– Within 90 days from the start of the training, an invoice for 50% of the total cost of the training.
– 90 days or more after the start of the training, an invoice for 100% of the total cost of the training.
– If the number of trainees and/or students in a training session is deemed insufficient, istec reserves the right to cancel or postpone a training.
– In case of cancellation by istec, the amounts paid by the client will be refunded.
– In case of postponement, istec proposes new dates: if the client accepts them, the amounts already paid will be deducted from the cost of the new training session; if the client refuses them, these amounts will be refunded.
– In case of early termination of the training by istec for a reason beyond its control, the contract is terminated automatically, and the training services actually provided are invoiced pro rata temporis based on their value stipulated in the contract, after deducting any amounts already invoiced and/or paid.
– In any case, the cancellation or postponement of the training program does not entitle the payment of damages and interest under any circumstances.
[LE CAS ÉCHÉANT] 11. SUBCONTRACTING
The client acknowledges that istec has the option to subcontract the training. Istec remains responsible to the client for the training entrusted to educational subcontractors.
12. INTELLECTUAL PROPERTY
Istec is the sole owner of the intellectual property rights for all the training programs it offers to its clients.
All content and educational materials, regardless of their form (paper, digital, etc.), used in the context of the training programs, belong exclusively to istec. Any use, representation, total or partial reproduction, translation, transformation, and more generally, any unauthorized exploitation by istec is illegal and may result in civil and/or criminal proceedings under the Intellectual Property Code.
13. CONFIDENTIALITY
Istec, the client, and the trainee or student mutually agree to keep confidential the information and documents presented as such, regardless of their form and nature (economic, technical, commercial, etc.), to which they may have had access in the course of providing the training service or during exchanges prior to the conclusion of the contract.
14. PROCESSING OF PERSONAL DATA
Personal data is collected in order to respond to the client’s and the trainee’s or student’s request and to keep them informed of istec’s service offerings; no personal information is transferred to third parties. In accordance with the French Data Protection Act of January 6, 1978, and the General Data Protection Regulation of April 27, 2016, the client and the trainee or student have a right of access that they can exercise with the data protection officer (dpo@istec.fr). They also have a right to modify, rectify, and delete the personal data concerning them, which they can exercise with the training department or, in case of difficulty, with the data protection officer (dpo@istec.fr).
15. APPLICABLE LAW - JURISDICTION
All disputes relating to the sale of goods and services concluded by istec, as well as the application or interpretation of these general terms and conditions of sale, are governed by French law. For any dispute relating to the interpretation, validity, or performance of purchase orders, approved quotes, contracts, or professional and initial training agreements, as well as the interpretation, validity, or performance of these general terms and conditions of sale, an amicable solution is sought between the parties.
If no solution can be found to the dispute, it will be submitted to the competent jurisdiction.
Specific Provisions for VAE Support
Any registration for VAE support implies the acceptance by the beneficiary and/or their company of these terms and conditions.
Therefore, no contrary, additional, or modifying clause can be invoked against istec unless expressly accepted by istec.
These general terms and conditions apply to one or more services provided by istec’s Corporate Relations department, in the form of APEL support, conducted either on istec’s premises or remotely.
These general terms and conditions, the signed training agreement between both parties, and the pro forma invoice constitute the contractual basis between the beneficiary and istec. For services funded by the employer and/or the OPCO, a tripartite training agreement is separately concluded.
The validity period of Livret 1 (preliminary assessment) and the VAE pro forma invoice is 12 months from the date of receipt.
In the case of financing by the OPCO, the beneficiary’s registration will be confirmed upon receipt of the funding approval. The request must be made to the relevant OPCO to which the company is affiliated, on average 60 days before the start of the APEL support.
If the service is not funded by the employer or the OPCO, registration is confirmed upon signing a self-financing contract between istec and the beneficiary. A payment schedule may then be proposed.
In the case of partial funding by an OPCO, a separate agreement will be concluded, potentially providing co-financing by the employer.
In the event of the beneficiary abandoning the support during the service, for any reason, 100% of the cost of the service will be invoiced as a commercial penalty and stated as such on the invoice to the beneficiary or, if applicable, to the employer. These penalties, designated as commercial penalties, cannot be covered by an OPCO.
The applicable rates are those specified in our initial quote:
Registration fee of €200
€4,900 for a Bachelor’s degree
€5,900 for a Master’s degree
If the service is funded by an OPCO, the invoice from istec is directly addressed to them.
In the case of partial funding by the OPCO, the remaining cost of the training is borne by the beneficiary or, if applicable, their employer. The invoice is then issued on the first day of the service. Payment is due thirty (30) calendar days end of the month from the receipt of the invoice.
In the case of direct financing by the beneficiary, a payment schedule may be proposed.
Late payment:
The payment of invoices is as follows:
€200 registration fee (Livret 1) non-refundable
50% of the amount at the start of tutoring (Livret 2)
50% of the amount before the official jury assessment
In the event of non-payment, the support will be automatically suspended until the invoice is settled.
If payment issues persist, istec reserves the right to terminate the beneficiary’s APEL support.
Late payment penalties provided for in Article 8 of these terms and conditions also apply.
The obligation undertaken by istec in the context of its APEL support is an obligation of means (best efforts) and not an obligation of results.
Istec cannot be held responsible for any bodily injury suffered by a trainee during a practical exercise conducted during a training session.
Disputes relating to an APEL support service are resolved in accordance with the provisions set out in Article
Updated on May 15, 2023