Open-Enrollment Registration Form

GENERAL TERMS AND CONDITIONS OF SALE

Art. 1 – Purpose

These General Terms and Conditions of Sale (the “GTCS”) are intended to define the terms and conditions under which the Centre Européen de la Négociation (hereinafter referred to as “CENEGO”) agrees to provide the client, acting as a professional purchaser (hereinafter the “Client”), who accepts them, with training services delivered either in person or remotely (hereinafter the “Training”).CENEGO and the Client are hereinafter individually referred to as a “Party” and collectively as the “Parties.”The service offering complies with Circular No. 2001/22 dated 20 July 2001 issued by the Délégation Générale à l’Emploi et à la Formation Professionnelle (General Delegation for Employment and Vocational Training) relating to open and distance learning (“FOAD” – formation ouverte et à distance / e-learning).The Client acknowledges that acceptance of these GTCS shall result in the exclusion of the application of its own general terms and conditions of sale (GTCS) and its own general terms and conditions of purchase (GTCP). The submission of the online registration form and/or the signed quotation and/or the payment of the invoice issued by the Training Provider shall constitute full and unconditional acceptance by the Client of these GTCS, and the Client thereby acknowledges having full knowledge thereof.

Art. 2 – Availability and Enforceability of the GTCS

The GTCS are made available to the Client on the website of the Centre Européen de la Négociation (cenego.com). They may be amended at any time at the sole discretion of CENEGO, with immediate effect.

Only the latest version published online shall be applicable. Should any provision of the GTCS be declared null and void, it shall be deemed unwritten but shall not render the remaining GTCS or the relevant Training null and void. The failure to enforce, whether permanently or temporarily, any provision of the GTCS or the tolerance of its non-performance shall not be construed as a waiver of the right to enforce said provision. Validation of the order through its confirmation and/or any signed quotation shall constitute the Client’s full and unconditional acceptance of the GTCS in force on the date of the order, the preservation and reproduction of which are ensured by the professional seller in accordance with Article 1127-2 of the French Civil Code. CENEGO reserves the right to revise these General Terms and Conditions at any time, with the new terms applying to any new order, regardless of the duration or history of the commercial relationship between the training provider and the Client. The updated GTCS are accessible on the website cenego.com. A copy of the updated GTCS may be provided to the Client upon request.

Art. 3 – Order Terms and Conditions

Any signed quotation and/or the act of placing an order constitutes the Client’s full and unconditional acceptance of these GTCS.

The Client also undertakes to ensure that all of its employees and representatives comply with them. An order shall be deemed firm and final once the Client returns, by any means, the signed quotation and/or purchase order (whether electronically or by post). The Client acknowledges that, prior to signing the purchase order or quotation, they received sufficient information and advice from the Centre Européen de la Négociation to ensure that the service offering was suited to their needs. CENEGO reserves the right to refuse any order on legitimate grounds

Art. 4 – Pricing

The rates for open-enrolment training modules are available on the website of our training organization and in the current year’s training catalogue. Our open-enrolment training rates are fixed. Lunch, books, and coffee breaks are included in the service. Registering one or more participants on the same online form for open-enrolment training entitles the Client to immediate discounts starting from the second training session ordered (discounts are non-cumulative):

• 5% off the second training session.
• 7% off the third training session.
• 10% off the fourth and subsequent training sessions.

The negotiated pricing under Framework Agreements takes precedence over the above-mentioned standard rates. The prices for In-house (Intra-company) training modules, coaching services, mediation services, and customized training offers are specified in the quotation. Sales prices are indicated in euros, excluding VAT, except for individuals, in which case prices are inclusive of VAT. The total amount payable by the Client is indicated on the quotation.

Registration is made:

• in the name of the natural person participating in the training.
• in the name of the Client, being the contracting company or institution listed on the online registration. form/quotation, and responsible for the payment of the training fee.

Any training session or program started is payable in full as compensation, even if the participant fails to attend, unless a written justification is provided.

Art. 5 – Payment Terms

Payment of the full training fee must be made according to your usual payment conditions:

• upon receipt of the invoice, or
• within 30 days end of month, or
• within 60 days end of month for public institutions.

Payment must be made by bank transfer or by cheque payable to Centre Européen de la Négociation.

In the event of late payment, penalties equal to three (3) times the legal interest rate in effect on the date of the order shall be automatically due without the need for a reminder, along with a fixed recovery fee of forty (40) euros. Furthermore, any subsequent payment, regardless of its cause, shall be applied immediately and with priority to the oldest outstanding debt. In the event that payment is made by an OPCO (French accredited training funding body), it is the beneficiary’s responsibility to ensure that payment is duly made by the respective organization. In the case of partial coverage by the OPCO, the remaining balance will be directly invoiced to the Client. If the OPCO’s certificate of coverage is not received by the training organization by the first day of the training, the training organization reserves the right to invoice the Client for the full training cost. Centre Européen de la Négociation reserves the right to refuse any registration from a Client on legitimate and non-discriminatory grounds, particularly in the event of an ongoing dispute regarding the payment of a previous order.

Art. 6 – Cancellations / Postponements

The CENEGO will maintain the maximum number of sessions. However, if the number of participants in a training session is deemed insufficient for pedagogical reasons, the Centre Européen de la Négociation reserves the right to cancel the training, no later than one week before the scheduled date. The registration fees previously paid to the CENEGO will then be fully refunded.

The Centre Européen de la Négociation reserves the right to postpone the training, modify the location of its delivery, change the content of the program, or alter the trainers, while maintaining the same pedagogical quality as the initial training, if circumstances beyond its control require it. (Force majeure events as defined by Article 1218 of the Civil Code, state of emergency, transport strikes, pandemics, illness of the trainer, insufficient number of participants, etc.). The CENEGO is authorized to subcontract part or all of the execution of the services subject to this contract. All obligations of the Client resulting therefrom shall apply solely to the CENEGO, and the CENEGO remains responsible towards the Client for all obligations arising from this contract.

a) Cancellation and Postponement Conditions for Open-Enrolment Training Sessions:

For Open-Enrolment Sessions:

Any cancellation may be made by the Client free of charge, provided it is received by CENEGO in writing at least 22 working days before the start of the training.

For any cancellation made by the Client less than 22 working days before the training session start date, CENEGO will charge the following fees:

• 50% of the quoted amount if cancelled between 14 and 21 working days before the first day of training
• 75% of the quoted amount if cancelled between 8 and 13 working days before the first day of training
• 100% of the quoted amount if cancelled less than 7 working days before the first day of training

b) Cancellation and Postponement Conditions for Intra-Company Training Sessions:

For Intra-Company Sessions:

working days before the contractual date. For any cancellation made by the Client less than 30 working days before the training session start date, CENEGO will charge the following fees:

• 50% if cancelled less than 30 working days before the first day of training
• 75% if cancelled less than 21 working days before the first day of training
• 100% if cancelled less than 15 working days before the first day of training

If a preparation cost was scheduled, it will be invoiced if the preparation has already been completed, as well as any potential cancellation penalties or room booking fees if the Client entrusted CENEGO with this service.

Art. 7 – Liability – Compensation

The Client agrees to take out and maintain, in anticipation of and during the training period, Civil Liability Insurance covering bodily, material, immaterial, direct, and indirect damages that may be caused by its actions to the detriment of the Centre Européen de la Négociation. In the event of liability incurred by the Centre Européen de la Négociation toward the Client, the training organization has taken out Civil Liability Insurance.

The Centre Européen de la Négociation specifies in its programs the initial level (prerequisites) required to attend each training course under optimal conditions. It is the Client’s responsibility to ensure that any participant registered for an open-enrolment/intra-company training course offered by the Centre Européen de la Négociation has met the prerequisite indicated for the respective training module. Therefore, the training organization cannot be held liable for any mismatch between the training provided and the participant’s initial level. The Centre Européen de la Négociation reserves the right to exclude from any in-person training session, at any time, any participant whose behavior disrupts the smooth running of the training and/or who seriously violates the rules set out in the Internal Regulations and the Participant and Manager Charter. Under no circumstances shall the Centre Européen de la Négociation be held liable for indirect damages such as loss of data, files, business, commercial harm, loss of earnings, or damage to the Client’s image or reputation. The liability of the Training Organization can only be incurred in the event of proven fault or negligence and shall be limited to the direct damages suffered by the Client, excluding any indirect damage of any kind, including but not limited to loss of opportunity, clientele, profit, business, commercial harm, or loss of data and/or files. In any event, should the Training Organization be held liable, the total amount of all sums charged to the Training Organization shall not exceed the total amount paid by the Client for the relevant training. In all cases, the Centre Européen de la Négociation disclaims liability in the event of force majeure.

Art. 8 – Confidentiality and Intellectual Property

The Centre Européen de la Négociation exclusively holds the intellectual property rights related to the training courses it delivers. As such, all training materials—regardless of their form (paper, digital, oral, etc.)—used as part of the training remain its sole property.

The Client is strictly prohibited from using or reproducing, directly or indirectly, in whole or in part, adapting, modifying, translating, representing, commercializing, or distributing to non-participating members of its staff or to third parties any course materials or other educational resources made available to them, without the express written authorization of the Centre Européen de la Négociation or its rights holders. The Client agrees not to compete directly or indirectly with CENEGO by transferring or communicating all or part of the documentation to a competitor of CENEGO. Both Parties agree to maintain the confidentiality of documents and information of an economic, technical, or commercial nature relating to the other Party, which they may access during the execution of the contract. CENEGO reserves the right to take legal action against any person who breaches this clause.

Art. 9 – Personal Data Protection

9.1 CENEGO takes the protection of privacy and personal data of its clients very seriously.

Accordingly, CENEGO commits to implementing appropriate measures to ensure the protection of personal data (hereinafter “Data”) and to process and use such data in compliance with the applicable regulations, notably Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and French Law No. 78-17 of 6 January 1978 as amended, known as the “Data Protection and Freedoms Act” (hereinafter “Applicable Provisions”).

9.2 The Data is subject to computer processing by CENEGO, acting through its GDPR Representative. Personal data is collected in various ways: via the website “cenego.com”, through conferences organized by the company, and via referrals. This data is used for logistical and commercial purposes only.

For the sole purpose of managing business relationships, this data may be shared with our partners. The Data is kept only for as long as strictly necessary to fulfil the aforementioned purposes. Every individual has the right to access, rectify, delete, and port their Data, and to restrict or object to its processing, including determining what happens to their Data after death. These rights can be exercised via the following methods:

By email to the GDPR representative at: contact@cenego.com By post at the following address: Centre Européen de la Négociation – Mr. Vincent REILLE10 Rue de Penthièvre, 75008 Paris, France. If the right to object is exercised, all communications with the Client (except those required to manage their account) will cease.

9.3 If the Client transmits and/or integrates Data required for the delivery of a training course, the Client is considered the Data Controller. As a Data Processor, CENEGO undertakes to process the Data solely according to the Client’s documented instructions and solely for the purpose of delivering the training. If CENEGO believes that an instruction violates Applicable Provisions, it will immediately inform the Client. Exceptionally, if CENEGO is legally required to process the Client’s Data under Applicable Provisions, it will inform the Client of that legal obligation unless the law prohibits such disclosure. CENEGO guarantees the confidentiality of Data processed during the training. CENEGO also ensures that its authorized personnel are appropriately trained in personal data protection and are bound by confidentiality agreements or legal confidentiality obligations. CENEGO commits to integrating privacy by design and privacy by default principles in the development of its tools, products, applications, or services. CENEGO also agrees to implement appropriate technical and organizational measures to protect the integrity and confidentiality of stored Data. CENEGO provides sufficient guarantees for the implementation of security and confidentiality measures appropriate to the nature of the Data and the risks involved in its processing. CENEGO shall make available to the Client the necessary documentation to demonstrate compliance with all obligations and to allow audits, including inspections, by the Client or an auditor appointed by the Client, and will cooperate in such audits. Should the Client be required to disclose Data to a third party and/or an administrative or judicial authority, CENEGO will cooperate with the Client in providing the required information in compliance with this agreement and applicable regulations. CENEGO will notify the Client of any Data Breach as soon as it becomes aware of it. The contact details of the GDPR Representative are listed in section 9.2 CENEGO informs the Client that all Data is hosted within the European Economic Area (EEA). In the event of subcontracting, CENEGO undertakes to sign a written agreement with the subcontractor requiring them to comply with the Applicable Provisions and all obligations listed in this section. In the event of a breach by the subcontractor of its data protection obligations, CENEGO shall remain fully liable to the Client. The Client guarantees that they have fulfilled all obligations under the Applicable Provisions and have informed individuals of how their Data is being used. To this end, the Client agrees to hold CENEGO harmless against any legal claims, complaints, or actions brought by any individual whose Data has been processed. Furthermore, the Client commits to document in writing all instructions concerning the processing of Data by CENEGO, Ensure, prior to and throughout the training period, that CENEGO complies with the Applicable Provisions, Supervise the processing, including carrying out audits and inspections of CENEGO. The Data is retained only for the time strictly necessary for the intended purpose. Upon completion of the training, CENEGO commits, at the Client’s discretion, to either destroy or return the Data and to provide written confirmation that no copies have been retained.

Art.10 – Dispute Resolution and Governing Law

Réclamation préalable

Prior claim procedure: In the event of a dispute relating to a training course, the Client undertakes to first contact the sales department of the Centre Européen de la Négociation at the following: Telephone: +33 (0)1 53 53 05 05 Email: contact@cenego.com Postal mail : Centre Européen de la Négociation – 10 Rue de Penthièvre, 75008 Paris, France.

In case of dispute, both Parties shall make their best efforts to reach an amicable resolution. This amicable resolution phase is a mandatory prerequisite to any legal proceedings. Competent Jurisdiction If no amicable agreement is reached within two (2) months from the date the initial claim is sent (by any means that allows its date to be established), the Party initiating the claim may bring the matter before: For commercial companies: the Commercial Court of Paris, which shall have exclusive jurisdiction, notwithstanding multiple defendants or third-party proceedings, and regardless of any jurisdiction clauses in the Client’s documents that may indicate otherwise. For liberal professions, public entities, local authorities, or the French State: either the court of the defendant’s domicile (Article 42 of the French Code of Civil Procedure), or the court of the place where the goods were delivered or the services rendered (Article 46 of the same Code). Governing law: This contract and the General Terms and Conditions (GTC) governing it are subject to French law. .