aivancity Executive Education’s General Terms and Conditions of Sale

aivancity reserves the right to amend or update its general terms and conditions of sale at any time. The general terms and conditions applicable on the date of the order are available on the website www.aivancity.ai

Article 1: Definitions

aivancity: aivancity SAS, a mission-driven company, operating its continuing professional development activities under the name aivancity School for Technology, Business & Society Paris-Cachan.

Client: aivancity’s contracting party Contract: a professional training agreement entered into between aivancity and the Client. This agreement may take the form of a formal contract, a purchase order issued by the Client and approved by aivancity, or an invoice issued for the provision of professional training services.

Inter-company training: standardised training delivered at aivancity’s premises or at premises made available to it by any third party and/or remotely. In-house training: bespoke training provided on behalf of the Client, delivered at the Client’s premises, at aivancity’s premises, at any third party’s premises and/or remotely.

Article 2: Introduction

aivancity Executive Education is a professional training organisation with its registered office at aivancity School for Technology, Business & Society, 121 Rue d’Aguesseau, 92100 Boulogne-Billancourt - SIRET number 88343992900018 – Intra-Community VAT number FR51883439929 - Represented by its Chairman, Tawhid CHTIOUI. It develops, offers and organises inter- and intra-company training programmes, delivered face-to-face, remotely or via a blended approach (combining both face-to-face and remote learning). These programmes lead to diplomas, certificates or qualifications.

Article 3: Purpose

These general terms and conditions of sale apply to all orders relating to training courses organised by aivancity. The placing of an order, in particular by submitting a registration form, sending an email or a letter requesting registration, a purchase order or an agreement, implies the Customer’s full and unreserved acceptance of these general terms and conditions of sale, which take precedence over any other document issued by the Customer, and in particular over any general terms and conditions of purchase. No deviation from these General Terms and Conditions shall be enforceable against aivancity unless it has been expressly accepted in writing by aivancity. With a view to constantly improving its programmes, aivancity reserves the right, at any time, to change the trainer, course or timetable, or to make any amendments to the programme.

Article 4: Application of the General Terms and Conditions of Sale for Training Services – Duration

These General Terms and Conditions of Sale apply to any training order placed by a Client with aivancity, whether for ‘inter-company’ or ‘in-house’ training. Similarly, the mere fact of attending a training session, either in person or through one of the Client’s representatives, implies the Client’s full and unreserved acceptance of these General Terms and Conditions of Sale for the duration of the contractual relationship relating to the training. Consequently, placing an order or attending a training session constitutes the Client’s express and unreserved acceptance of these General Terms and Conditions of Sale, which shall take precedence over any other terms and conditions. These terms and conditions may only be amended by a written document signed by the Client and a representative of aivancity duly authorised for that purpose.

Article 5: Contractual Documents

The Contract shall specify the title of the training course, its nature, its duration, the number of participants, the arrangements for its delivery and the qualification awarded upon completion, as well as its price and any financial contributions from public bodies. Any Contract shall be drawn up in accordance with the legal and regulatory provisions in force and, more specifically, in accordance with Articles L6353-1 and L6353-2 of the Labour Code.

Article 6: Enrolment

Applicants may submit their application or enrolment request via the aivancity admissions platform, by email to the address indicated on the website, or by contacting the person responsible for aivancity’s Executive Education programme directly. If the application or enrolment request is accepted, a confirmation of enrolment (contract or agreement) will be sent to the Client by post or email. Confirmation of enrolment on a course, guaranteeing a place in the intake, becomes effective upon receipt of the purchase order (or the enrolment form for short courses), duly completed and signed. The terms and conditions for payment of course fees are set out in the contract or agreement. Aivancity must be notified of the specific arrangements for covering the training fees at the time of enrolment (in particular regarding the procedures for justifying the training) and, in any event, before the start of the training course. The same applies to the Client’s payment terms.

Article 7: Mutual Obligations

Aivancity undertakes to provide the training with due diligence and reasonable care. As this is an intellectual service, Aivancity is bound only by an obligation of means. Consequently, Aivancity shall be liable solely for direct damages resulting from the improper performance of its training services, to the exclusion of any consequential or non-consequential intangible or indirect damages. In all circumstances, aivancity’s total liability in connection with or arising from the training shall be limited to the total cost of the training. The Client undertakes to pay the price of the training and not to use any audio or video recording equipment during the training sessions without aivancity’s prior written consent.

Article 8: Withdrawal – Cancellation or postponement by the Client

Any training course or programme that has commenced is payable in full, unless otherwise expressly agreed by aivancity. Any cancellation of a training course at the Client’s initiative must be notified in writing at least fifteen (15) calendar days before the start of the training course. In this case, no payment shall be due from the Client. However, should the Client have attended any days of the training course, the cost of those days, calculated on a pro rata basis for the entire course, shall be payable by the Client. Failing this, 100 per cent of the course fee shall remain immediately payable as a lump-sum compensation.

Article 9: Cancellation or postponement by aivancity

In the event that the number of participants in a training course is deemed insufficient for educational reasons, aivancity reserves the right to postpone or cancel scheduled training courses without compensation. In such cases, the Client shall be notified of the cancellation or postponement as soon as possible. No compensation shall be payable to the Client and, in any event, travel and accommodation booking fees incurred prior to receiving the invitation to attend shall not be reimbursed. In exceptional circumstances and in the event of force majeure, aivancity reserves the right to replace the trainers originally scheduled to deliver the training with others, whilst ensuring the same standard of training. Where the training course is delivered only in part due to aivancity, invoicing will be on a pro rata basis according to the hours delivered. In the event of any changes to the programme or schedule of the training course(s), or in the event of cancellation of the training courses, aivancity undertakes to notify the Clients who have booked these training courses, or directly the participants in these training courses designated by the Client and previously registered, at least 7 days before the start of the training course(s) concerned

Article 10: ‘Satisfaction or Money Back’ Guarantee

aivancity may offer a ‘Satisfaction or Money Back’ guarantee on its training courses. To be valid, the guarantee must be specified at the time of booking. The ‘Satisfaction or Money Back’ guarantee is intended to ensure the effectiveness of the training course booked by the client. In other words, it protects the Client in the event that the training course does not deliver the expected benefits. If the customer attends beyond the first half-day for short 3-day training courses, or beyond the first day for training courses lasting more than 3 days, they forfeit the right to a refund. If the client has started the training, within the limits specified above, and is not satisfied with it, they may request a full refund. To do so, they must simply send an email to the person responsible for the course or programme, stating the reasons for their dissatisfaction, and they will then be refunded within a maximum of 30 days.

Article 11: Prices

All our prices are quoted in euros and exclude VAT. VAT at the applicable rate must be added. Any taxes, customs duties or import charges, as well as any bank charges incurred as a result of the payment method chosen by the Customer, shall be borne by the Customer. The price invoiced by aivancity includes the provision of the training service in accordance with aivancity’s quality requirements (facilities, course materials, teaching resources). Meal costs, as well as travel and accommodation costs for training participants, are not included in the price of the training service, unless otherwise stated. Where the course is funded by an individual, a deposit of 30 per cent of the order total is required at the time of enrolment (50 per cent for short courses). For study trips, travel and meal costs (except in special cases) are not included in the cost of the training. Invoices are payable within thirty (30) calendar days of the invoice date, without discount, and made payable to aivancity.

In the event of late payment, aivancity may refuse access to the course and to any e-learning modules, without prejudice to any other course of action. The programme certificate or diploma will only be issued once the training fee has been paid in full. In the event of any changes to the training funding arrangements, an amendment will be made to the training contract. Any sum not paid by the due date shall result in the Client being liable to pay late payment penalties equal to the interest rate applied by the European Central Bank to its most recent refinancing operation (minimum 0 per cent) plus 10 percentage points. These penalties shall be automatically payable, without prior notice, from the first day of delay in payment relative to the due date. Furthermore, in accordance with the laws and regulations in force, any sum not paid by the due date shall give rise to the payment by the Customer of a fixed compensation for recovery costs amounting to forty euros (€40). This compensation is payable automatically, without prior notice, from the first day of late payment and for each invoice remaining unpaid on its due date.

Article 12: Funding Body

Where the training is funded by a third-party organisation (such as an OPCA, etc.), it is the responsibility of the participant’s company:

  • to verify directly with the organisation that the training is eligible for funding.
  • to submit a request for funding before the training course begins.
  • to state explicitly on the registration form which organisation is to be invoiced, specifying its full company name and postal address.

If the third-party organisation’s funding application is not received by aivancity before the first day of the training course, the full cost of the training will be invoiced to the participant’s company. In the event of partial funding by a third-party organisation, the portion not covered will be invoiced directly to the participant’s company. Furthermore, should the organisation refuse to pay the costs for which it would otherwise be liable (absences, withdrawals, etc.), the cost of the entire course remains payable by the participant’s company.

Article 13: Force majeure

aivancity shall not be held liable to the Client in the event of a failure to fulfil its obligations resulting from a force majeure event. The following are considered to be cases of force majeure or unforeseeable circumstances, in addition to those usually recognised by the case law of the French courts and tribunals, and without this list being exhaustive: illness or accident affecting a consultant or training facilitator; strikes or industrial disputes either within or outside aivancity; natural disasters; pandemics; fires; failure to obtain visas, work permits or other authorisations; laws or regulations introduced at a later date, disruption to telecommunications, disruption to the energy supply, disruption to communications or transport of any kind, or any other circumstance beyond aivancity’s reasonable control.

Article 14: Intellectual Property – Copyright

aivancity is the sole owner of the intellectual property rights to all the training courses it offers to its Clients. To this end, all educational content and materials, in whatever form (paper, electronic, digital, oral, etc.) used by aivancity to deliver the training courses, remain the exclusive property of aivancity. As such, they may not be used, adapted, reproduced or exploited in any way not expressly authorised, either within or outside the Client’s organisation, without the express written consent of the Dean of aivancity. In particular, the Client shall refrain from using the training content to train other persons and shall be liable under Articles L. 122-4 and L. 335-2 et seq. of the Intellectual Property Code in the event of unauthorised transfer or disclosure of the content.

Any reproduction, representation, modification, publication, transmission or distortion, in whole or in part, of the training content, including e-learning modules, as well as any databases appearing on the aivancity platform, is strictly prohibited, regardless of the process or medium used. In any event, aivancity retains ownership of its tools, methods and know-how developed prior to or during the provision of services to the Client.

The disclosure of Information by aivancity shall under no circumstances be construed as conferring, either expressly or implicitly, any right whatsoever (under the terms of a licence or by any other means) to the Information or to any other rights relating to intellectual and industrial property, literary and artistic property (copyright), trade marks or trade secrets. Payment of the fee does not entail any transfer of intellectual property rights in the Information. Notwithstanding the foregoing, aivancity grants the learner, subject to the rights of third parties, a non-exclusive, non-transferable and strictly personal licence to use the training material provided, regardless of the medium. The learner is entitled to make a photocopy of these materials for their personal use for study purposes, provided that a reference to aivancity’s copyright or any other intellectual property notice is reproduced on each copy of the training materials. The Client undertakes to ensure that the participants it designates to attend the training sessions comply with these prohibitions and declares that, to this end, it acts as guarantor and is jointly and severally liable for these participants.

Article 15: Processing of personal data

The Client is informed that personal data concerning them, which is provided to aivancity in connection with and for the fulfilment of orders, is subject to automated processing in accordance with European Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data, and the amended French Data Protection Act No. 78-17 of 6 January 1978. The data controller is the Managing Director of aivancity. If you have any questions regarding this processing, please contact us by email at contact@aivancity.ai or by post at the school’s registered address. As part of this processing, the data may be disclosed to aivancity’s contractual partners for the purposes of the said orders. Personal data relating to the training contract is hosted solely within the European Union or transferred outside the European Union in accordance with the safeguards provided for in the aforementioned legislation. The data is retained for the duration of the contract and beyond to meet legal obligations. The Customer has the right to request access to their personal data, to have it rectified or erased, and the right to object to its processing. The Customer may exercise these rights by contacting aivancity by email at contact@aivancity.ai or by post. If the Customer considers that their rights regarding their data are not being respected, they also have the right to lodge a complaint with the French Data Protection Authority (CNIL).

In accordance with the fundamental requirement of personal data security, aivancity undertakes, in the course of delivering its training courses, to take all necessary technical and organisational measures to safeguard the security and confidentiality of personal data and, in particular, to prevent it from being distorted, damaged, lost, misappropriated, corrupted, disclosed, transmitted and/or communicated to unauthorised persons. Where data processing is outsourced, aivancity ensures that its data processors comply with all its commitments regarding the security and protection of personal data.

Article 16: Internal rules governing the conduct of training sessions

When attending training sessions, the participant undertakes to comply with the provisions of aivancity’s internal regulations, which they declare to have read and to accept the terms of. The Client guarantees that the participants it designates to attend the training sessions will comply with these provisions and declares that, to this end, it acts as guarantor and is jointly and severally liable for these participants.

Article 17: Invalidity of a clause – amendment

Should any provision of these General Terms and Conditions of Sale be declared invalid, such invalidity shall not render the other provisions of these General Terms and Conditions of Sale invalid, which shall remain in force between aivancity and the Client. These terms and conditions set out the full extent of the obligations of both the Customer and aivancity. aivancity reserves the right to unilaterally amend the terms hereof; the applicable terms and conditions shall be those in force on the date the Customer places the order. In the event that any provision of these terms and conditions is deemed invalid pursuant to any present or future statutory or regulatory provision, or pursuant to a final and binding court decision issued by a competent court or body, that provision of the contract shall be deemed not to have been included, whilst all other provisions of these terms and conditions shall remain binding between the Parties. The fact that either Party does not, at any given time, rely on any of the provisions of these general terms and conditions shall in no circumstances be deemed to constitute a waiver by that Party of the rights it holds hereunder.

Article 18: E-Learning

aivancity grants the Client a non-exclusive, non-assignable and non-transferable licence to use its distance learning content, hereinafter the ‘Module’. All Modules shall be made available to the Client via one or more e-learning portals following the conclusion of the Contract. Access to the Modules is managed via aivancity’s e-learning platforms. A username and password are provided to the Client for each learner based on the information supplied by the Client (surname, first name, email address). The username and password are confidential, personal, non-assignable and non-transferable. The Client is responsible for managing and safeguarding usernames and passwords. Consequently, it is the Client’s responsibility to take all necessary precautions to protect and safeguard them. The Customer is responsible for the consequences of their use. aivancity shall under no circumstances be held liable for any fraudulent use of the Customer’s username and password. The Customer undertakes to inform aivancity of any fraudulent use of their username and password as soon as they become aware of it. The Customer will have a period, as specified by aivancity, in which to utilise the licences for the Modules. Once this period has elapsed, the granted licence(s) shall cease immediately. The hosting of the Modules on the Customer’s platforms and/or the creation of bespoke digital content is subject to specific provisions to be negotiated between the parties.

Article 19: Communication

The Customer expressly authorises aivancity to use its name and logo and to cite, by way of reference, the conclusion of a Contract and any transaction arising from its implementation in all of its commercial documents.

Article 20: Governing Law

The Contract and all relations between aivancity and its Client shall be governed by French law.

Article 21: Potential Disputes

Any disputes which cannot be settled amicably within sixty (60) days from the date of the first delivery of the registered letter with acknowledgement of receipt, which the party raising the dispute must have sent to the other party, shall fall within the exclusive jurisdiction of the courts in the jurisdiction where aivancity’s registered office is situated, regardless of the Client’s place of business, notwithstanding multiple defendants or the joinder of third parties. The language of reference for the settlement of any disputes shall be French.