These General Conditions of Sale (GTC) apply to all training services offered by Next Generation Academy. By placing an order, the Customer accepts the current GTCs without reservation. Any conditions to the contrary, including any general or particular conditions issued by the Customer, shall not prevail over these General Terms and Conditions unless expressly and in writing accepted by Next Generation Academy, regardless of when they are brought to the attention of Next Generation Academy.
The fact that Next Generation Academy does not enforce a provision of the CGV at any given time cannot be interpreted as a waiver to apply it at a later date. The CGVs may be modified and the most recent version, available on our site, will apply to the order. The Customer guarantees compliance with these CGVs by all its employees, agents and servants.
Finally, the Customer acknowledges that before any order is made, he has received the necessary information and advice from Next Generation Academy to ensure that the service offer is relevant to his needs.
Ordering procedure
Any inter-company training order implies that the customer accepts the program available on our website on the date of the order if no adaptation has been validated.
Any order for intra-company training implies that the customer accepts the content of the training as described in the proposal for cooperation, both pedagogically and financially, of which he has a copy.
The signature of the order form and/or the agreement on the proposed collaboration indicates that the customer has read and accepted these terms irrevocably and without reservation.
Next Generation Academy reserves the right to change these conditions at any time, without notice, without the right to compensation for the client.
Next Generation Academy offers inter-company and intra-company training services.
As part of the implementation of these trainings, Next Generation Academy may be required to install software on the Customer's computer workstations.
In this case, the Customer does not acquire any rights to these software, but only enjoys a right of use limited to the duration and needs of the training.
Type of absence and cancellation
In case of on-site training carried out by the Customer, unless otherwise provided in the agreement, installation of teaching material (such as video projectors, etc.) and software is not part of the price of the training.
These benefits will be charged in addition.
Any cancellation of registration must be communicated by telephone and confirmed in writing. If the cancellation occurs more than two weeks before the start of the training, no fee will be charged. If the cancellation takes place between one and two weeks before the start of the training, 50% of the total amount of the training will be charged. If the cancellation occurs less than one week before the start of the training, the full amount of the training will be charged. A carry-over carried out less than two weeks before the start of the training will be considered a cancellation.
In case of absence of the trainee, the service ordered will be invoiced in its entirety.
Next Generation Academy reserves the possibility of cancelling any training in case of lack of participants or technical or logistical problems without any compensation.
In this case, trainees will be notified at least one week before the start of the training.
They will be offered new dates, terms and conditions (in distancelle), which will result in a new order.
Next Generation Academy reserves the right to cancel training in the event of a shortage of participants or technical or logistical problems, without compensation.
Interns will be informed of the cancellation at least one week before the start of the training.
New dates may be proposed, resulting in a new order.
Financial conditions
Our prices are shown in euros excluding taxes and are subject to VAT at the current rate.
The invoice will be sent to the Customer after the performance of the service.
If the payment is supported by a Competency Operator (OPCO), it is up to the Client to make the request for support from the OPCO on which it depends, prior to the start of the training. The financing agreement must be provided at the time of registration. Even if the OPCO partially or totally covers the cost of the training, the fees will be charged directly to the Customer, who will then have to pay their refund by the OPCO. In case of partial support, the difference will be charged to the Customer. If the OPCO support agreement is not communicated to us before the first day of the training, we reserve the right to charge the Customer for all the training costs. In case of non-payment by OPCO, for whatever reason, the amount of the invoice becomes payable to the Customer.
All training started is due in its entirety.
Our invoices serve as a simplified training agreement. However, a standard training agreement can be provided upon request.
The payment of invoices must be made by bank transfer. The full payment by bank transfer payable before the start of the training, and not later than fourteen (14) calendar days before the start when the training starts within thirty (30) days from the date of the invoice, or thirty (30) days from the date of the invoice if the training starts beyond that time. Any delay in payment will automatically result in: Interest at three times the legal interest rate; The immediate chargeability of the amounts due.
In accordance with article L 441-6 of the Commercial Code, any payment made after the due date will be subject to a flat-rate payment of 40 euros for recovery costs.
If the actual cost of recovery exceeds this amount, additional compensation may be charged on the basis of evidence.
Next Generation Academy also reserves the right to suspend or cancel current services, without causing damages to the Customer.
All applicable duties and taxes will be charged in addition, in accordance with the legislation in force.
Intellectual property
The Customer undertakes not to use the content of the training to train persons outside his own staff and assumes full responsibility under articles L.122-4 and L. 335-2 et seq. of the Intellectual Property Code in the event of unauthorized transfer or communication of the content.
Any reproduction, representation, modification, publication, transmission or alteration, in whole or in part, of the training material shall be strictly prohibited, whatever the processes or media used.
The Customer will be held responsible for the unauthorized use of the software or educational material made available.
Accessibility
Next Generation Academy ensures that its online training is accessible to as many people as possible, including people with disabilities. Participants with specific needs are invited to report their situation at the time of registration so that accommodation solutions can be explored as far as possible. Specific adaptations may be put in place, in particular the provision of suitable teaching materials or personalized support or technical assistance, If, despite these efforts, accessibility conditions do not allow for effective participation, an alternative or a postponement may be proposed.
Liability
Next Generation Academy will not be liable for any failure or cause outside the Next Generation Academy.
Whatever the nature of the services, the liability of Next Generation Academy is expressly limited to compensation for direct damages only, provided that they are duly proven by the Customer.
In addition, the responsibility of Next Generation Academy is limited to the amount paid by the Customer for the service concerned.
In no case shall Next Generation Academy be liable for any indirect damage, such as loss of data or files, loss of operation, commercial damage, loss of profits, or damage to image and reputation.
Next Generation Academy cannot be held liable to the Customer in the event of failure to fulfil its obligations due to a force majeure event.
In addition to those generally recognized by the case law of the French Courts and Tribunals, and without limiting this list: the illness or accident of a consultant or trainer, strikes or social conflicts internal or external to Next Generation Academy, natural disasters, fires, failure to obtain visas, work permits or other permits, legislative or regulatory amendments, interruption of telecommunications, energy supplies, communications or transportation of any kind, and any other circumstances beyond the reasonable control of Next Generation Academy.
Personal data
The Computer Law and Freedoms No 78-17 of 6 January 1978, reinforced by European Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data, imposes an obligation of transparency in the collection of such data.
Personal data collected as part of internal processing is used exclusively for the execution and follow-up of customer requests by Next Generation Academy services responsible for processing.
These data are necessary for the provision of the requested services.
This is the following information: name, first name, function, and professional and/or personal contact details of natural persons related to our clients and prospects, which may be legal or physical entities.
These data are not sensitive.
The objectives of the collection are: to provide personalized advice to people asking us, to process customer orders, or to promote our training catalogue.
The data is centralized in a Customer Relationship Management (CRM) software.
Next Generation Academy undertakes to: Process data only for the purposes specified above; Process data in accordance with the instructions of the Data Protection Officer; Ensure the confidentiality of personal data processed; Ensure that persons authorized to process data comply with a confidentiality obligation and receive appropriate training; Delete all data at the end of their processing.
The persons concerned by the collection of personal data are informed of their rights (access, rectification, erasure, opposition, limitation of processing and portability of data) via information available on our website (www.nextgenerationacademy.fr) as well as on each form, including a specific mention.
Any request for the exercise of the above rights should be sent by mail to the following address: 30 Rue des Prébendes, Cormeilles-en-Parisis, 95240, or by contact@nextgenerationacademy.fr. These general conditions are subject to French law.
In the event of a dispute between the Customer and Next Generation Academy concerning the performance of the contract, an amicable solution will be sought. If no agreement is reached, the dispute will be submitted to the Nanterre Commercial Court.