General Terms and Conditions of Sale: Initial, Apprenticeship, Vocational Training and Validation of Acquired Experience (VAE)

1. PURPOSE AND CONTRACTUAL SCOPE

1.1. These general terms and conditions of sale (“GTC”) define the conditions under which Istec undertakes to sell training services within the framework of initial and vocational training, including apprenticeship training, or a validation of acquired experience (“VAE”) service.

1.2. Placing an order implies the client’s full and unreserved acceptance of these GTC.

1.3. Any conflicting terms and conditions, and in particular any general or specific terms and conditions stipulated by the client (such as its general terms and conditions of purchase), shall not prevail over these General Terms and Conditions unless formally accepted in writing by Istec, regardless of when they may have been brought to its attention.

1.4. Istec’s failure to invoke any provision of these General Terms and Conditions at any given time shall not be construed as a waiver of its right to invoke it subsequently.

1.5. For certain services, specific terms and conditions of sale may specify or supplement these General Terms and Conditions. These specific terms and conditions of sale may be included following these General Terms and Conditions, or on the quote, purchase order, professional training agreement, or professional training contract, or may be provided to the client along with one of these documents. In the event of any conflict between the specific terms and conditions of sale and these General Terms and Conditions of Sale (GTC), the provisions of the specific terms and conditions of sale shall prevail.

1.6. Should any provision of these GTC be declared null and void or unenforceable, the remaining provisions shall remain in full force and effect and shall be interpreted in a manner that respects the original intent of the parties.

1.7. As Istec may modify these GTC at any time, the applicable version of the GTC is the one provided to and accepted by the customer.

2. DEFINITIONS

Initial Training: This comprises primary and secondary education, technical or vocational education, higher education, and apprenticeships. It allows students to acquire, throughout their studies, the knowledge, skills, and competencies necessary for entering the workforce and can be completed through an apprenticeship contract.

Vocational training: It aims to enable every individual, regardless of their status, to acquire and update knowledge and skills that promote their career development, as well as to advance by at least one qualification level during their working life. It is a key element in securing career paths and promoting employees.

Work-study training: It is based on an alternating system of theoretical training at a training organization or apprenticeship training center and practical training in a company. It can be undertaken as part of initial training through an apprenticeship contract or as part of vocational training with a professionalization contract and a retraining or career advancement program through work-study.

Validation of Acquired Experience (VAE): VAE allows any working individual to obtain professional certification by validating their experience acquired through professional and/or extracurricular activities. The certification—which can be a diploma, a professional qualification, or a professional skills certificate—must be registered with the National Directory 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, and held at Istec’s premises or those of its partners;

Intra-company training: Professional training bringing together employees from the same company, customized for that company, and held at its premises or Istec’s premises;

Certified training programs: training pathways leading to a qualification or diploma registered with the National Directory of Professional Certifications (RNCP), which may or may not include internships for candidates enrolled in initial training;

Client: a legal entity or individual who purchases a training program training with Istec and, as such, enters into a professional training agreement or a professional training contract;

Trainee: refers to any individual who benefits from training provided by Istec (in professional training), regardless of the training method used (personal training account, skills development plan, retraining or promotion through work-study, professional training contract, etc.), regardless of the purchaser, whether the purchaser is themselves as an individual candidate financing the training with their own funds within the framework of a professional training contract, or their employer, and regardless of the funding method (OPCO, Region, Pôle Emploi, etc.).

Candidate: refers to any individual who applies for a certification issued by Istec within the framework of a VAE (Validation of Acquired Experience), regardless of the training method used and the associated funding.

Apprentice: refers to any individual who has entered into an apprenticeship contract and is undertaking their training on an alternating basis.

Student: refers to any individual who is enrolled in an initial training program offered by ISTEC.

3. PROCESSING REGISTRATION

3.1. For corporate clients: registration is only validated upon receipt of, firstly, the deposit, if applicable (amount indicated on the training agreement or the purchase order serving as the training agreement) and, secondly, the professional training agreement or the approved purchase order or quote serving as the training agreement, signed and stamped with the company seal.

3.2. For individuals enrolled in vocational training: registration is only validated upon receipt of the signed vocational training contract and after payment of a deposit. This deposit may not exceed 30% of the training cost and can only be demanded after the 10-day withdrawal period, which begins upon signature of the contract. This period is extended to 14 days if the contract was signed remotely.

3.3. For individuals enrolled in initial training: registration is only validated upon receipt of the signed initial training contract and after payment of a deposit, the amount of which is defined in the contract. This deposit can only be demanded after the 10-day withdrawal period, which begins upon signature of the contract. This period is extended to 14 days if the contract was signed remotely.

3.4. For degree programs: Registration for a degree program is carried out in accordance with the admission rules governing the degree sought and, where applicable, with regard to the procedures that may be specified in the certification framework. Registrations are considered complete upon receipt of the duly completed application form, along with the required supporting documents. Registration is also subject to the admission decision made by the admissions committee.

4. LIABILITY AND INSURANCE

4.1. Istec’s contractual liability can only be invoked for direct damages resulting from proven negligence.

4.2. Registration for any training course implies that the trainee or student agrees to comply with the internal regulations applicable to the premises, which will be made available to them no later than the start date of the training.

4.3. Istec cannot be held liable for any damage to or loss of personal belongings brought by students and trainees.

4.4. Istec is insured for damage caused by its staff to the client and its employees during the training courses provided, as well as for damage to its property when the training takes place on the client’s premises.

4.5. The client acknowledges that it is insured for damage caused by its staff to Istec, its trainers, and its subcontractors during the training courses provided, as well as for damage to its property when said training takes place on Istec’s premises.

5. PRICE – INVOICING AND PAYMENT TERMS

5.1. Costs are indicated on the purchase order, the approved quote, and/or the professional training agreement and/or the initial professional training contract, as applicable. They are net of taxes, as Istec is not subject to VAT pursuant to Article 261, paragraph 4-4 of the French General Tax Code.

5.2. Invoicing and payment terms are specified on the purchase order, the approved quote, and/or the agreement.

Training information and/or the initial vocational training contract, if applicable.

6. FUNDING BY A FUNDING ORGANIZATION

6.1. When training is funded by a funding organization (particularly an OPCO), it is the client’s responsibility to:

– submit the funding request before the start of the training and ensure that this request is processed;

– provide Istec with information about the funding organization, including its company name and address, so that Istec can issue the correct invoice and specify this on the purchase order, the approved quote, and/or the vocational training agreement.

6.2. If the funding organization’s application for funding does not reach Istec before the first day of training, the client will be invoiced for the full cost of the training. In the event of partial funding, the remaining balance will be invoiced to the client.

6.3. If the funding organization refuses to cover its share of the costs due to absences, withdrawal, or any other reason attributable to the trainee and/or the client, the client will be liable for the full cost of the service and will be invoiced accordingly.

7.

CUSTOMER PAYMENT

Except in cases of payment by a third-party funding organization, the client agrees, unless otherwise specified below, to pay the amount due for services within thirty (30) calendar days from the end of the month following receipt of the invoice.

8. LATE PAYMENT PENALTIES AND PENALTIES FOR NON-PAYMENT

8.1. Any sum not paid by the due date will incur late payment penalties equal to three times the current legal interest rate. These penalties are automatically due, without any formal notice being required, the day after the scheduled payment date.

8.2. A fixed compensation of €40 is also due for recovery costs in the event of late payment.

8.3. In the event of non-payment of an invoice by its due date, after a formal notice to pay has been issued and remains unpaid for 10 calendar days, Istec reserves the right to suspend any ongoing and/or future training (refer to the internal and academic regulations).

9. INVITATION AND CERTIFICATE OF ATTENDANCE

9.1. The exact location and times of the training are communicated to the client by email. Istec cannot be held responsible for the non-receipt of this information by the recipients, particularly in the event of the trainee’s or student’s absence from the training.

9.2. A certificate of attendance, drawn up in accordance with the completed attendance sheets, is sent to the client at the end of each training session.

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10. CANCELLATION – POSTPONEMENT – EARLY TERMINATION – ABSENCES

All cancellations of training registrations must be communicated in writing (email with read receipt, registered letter with read receipt).

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10.1. By the Corporate Client

In the event of cancellation by the corporate client less than 30 calendar days before the start of the training, a cancellation fee is payable to Istec under the following conditions:

– When the cancellation request is received between 30 and 15 calendar days before the start of the training, 30% of the total cost of the training will be invoiced as a cancellation fee.

– When the request is received between 15 and 1 calendar days before the start of the training, 80% of the total training cost will be invoiced as a cancellation fee.

– Any cancellation made on the day of the training or the trainee’s failure to appear will result in the full cost of the training being invoiced.

– Once the training has begun, any cancellation or interruption will result in the full cost of the training being invoiced.

Compensation paid as a cancellation fee is not eligible for reimbursement by a Skills Development Fund (OPCO).

10.2. By the individual client with the status of a student in initial training

– When the cancellation request is received after the withdrawal period has expired and before the start of the training, Istec will retain the deposit except in cases of force majeure.

– In the event of force majeure preventing the continuation of the training, the services provided will be invoiced on a pro rata basis.

In the absence of force majeure, any interruption will result in the invoice being for the full cost of the training.

10.3. By the client, a natural person undertaking professional training

– When the cancellation request is made after the withdrawal period and before the start of the training, the deposit is retained.

– In the event of force majeure preventing the continuation of the training, billing will be on a pro rata basis.

In the absence of force majeure:

– within 90 days of the start of the training: billing of 50% of the total cost;

– after 90 days: billing of 100% of the total cost.

10.4. By Istec

– Istec may cancel or postpone a training course if the number of participants is insufficient.

– In the event of cancellation by Istec, the sums paid will be refunded.

– In the event of postponement, new dates will be offered.

– In the event of early termination beyond its control, billing will be on a pro rata basis.

11. SUBCONTRACTING

The client acknowledges that Istec may subcontract certain training activities. Istec remains responsible for the services provided by its training subcontractors.

12. INTELLECTUAL PROPERTY

Istec is the sole owner of the intellectual property rights to all the training programs it offers.

All content and training materials used in the context of the training programs are the exclusive property of Istec.

Any unauthorized reproduction, representation, distribution, or use is prohibited and may result in legal action.

13. CONFIDENTIALITY
Istec, the client, and the trainee or student agree to keep confidential all information and documents exchanged during the training.

14. PROCESSING OF PERSONAL DATA
Personal data is collected to process the client’s request and inform them of Istec’s offers.

In accordance with applicable regulations, any person has the right to access, rectify, and delete their personal data by contacting: dpo@istec.fr.

15. APPLICABLE LAW – JURISDICTION
These general terms and conditions of sale are governed by French law.

Any dispute relating to their interpretation or execution will be subject to an attempt at amicable resolution between the parties.

Failing an agreement, the dispute will be submitted to the competent court.

SPECIFIC PROVISIONS FOR VAE SUPPORT

• General Clause

Registration for VAE support implies acceptance of these terms and conditions by the beneficiary and/or their company.

• Purpose

These terms and conditions apply to VAE support services provided on the Istec premises or remotely.

• Duration and Validity of the Proposal

Booklet 1 and the VAE pro forma invoice are valid for 12 months from the date of receipt.

• Registration Procedures

Registration is confirmed upon receipt of the funding agreement. The application must be submitted to the OPCO approximately 60 days before the start of the support program.

If funding is not granted, a self-financing agreement will be established with the option of a payment plan.

• Fees

Registration fee: €200

€4,900 for a Bachelor’s degree

€5,900 for a Master’s degree

• Payment terms

If the training is funded by a Skills Development Fund (OPCO), the invoice will be sent directly to the OPCO.

In the case of partial funding, the remaining balance is due from the beneficiary or their employer.

• Late payment

Payment is due as follows:

– €200 non-refundable registration fee;

– 50% upon commencement of tutoring;

– 50% before the final assessment.

In the event of non-payment, tutoring may be suspended.

• Liability

Istec is bound by an obligation of means, not of result.

• Dispute Resolution

Any dispute relating to these terms and conditions falls under the jurisdiction of the Commercial Court of Paris.