Definitions
BOOST & Partners is a general professional training organisation and Skills Assessment Centre. Its registered office is located at 2 rue de Joinville, c/o Jean-Baptiste CAYEUX, 75019 Paris. BOOST & Partners designs, develops and delivers inter-company and in-house training courses as well as Skills Assessments, in Paris and throughout France, either alone or in partnership.
In the following paragraphs, the following terms shall have the meanings set out below:
Client: any individual or legal entity that registers for or orders training or a Skills Assessment from BOOST & Partners.
Beneficiary: the individual who takes part in a training course or Skills Assessment.
Inter-company training: training courses listed in the BOOST & Partners catalogue that bring together beneficiaries from different organisations.
In-house training: training courses designed by BOOST & Partners on a bespoke basis for a client or group of clients.
Skills Assessment: actions enabling workers "to analyse their professional and personal skills, as well as their aptitudes and motivations, in order to define a career plan and, where applicable, a training plan." (Article L. 6313-10 of the French Labour Code).
Terms of Sale: these terms of sale, detailed below.
OPCO: Skills Operators responsible for collecting and managing companies' training contributions.
Purpose
These Terms of Sale apply to all training and Skills Assessment services provided by BOOST & Partners on behalf of a Client. Registering or placing an order implies the Client's full and unreserved acceptance of these Terms of Sale. These Terms of Sale prevail over any other document provided by the Client, and in particular over any of the Client's own general terms of purchase.
Financial Terms, Settlement and Payment Methods
All prices are quoted in euros, exclusive of tax. VAT at the applicable rate must be added. Payment for the service is to be made in 2 instalments as follows:
- A 50% deposit at the start of the service
- The remaining 50% balance at the end of the service.
Any sum not paid by its due date will automatically, and without prior notice, incur penalties equal to one and a half times the legal interest rate. BOOST & Partners may pursue payment through legal action at the Client's expense, without prejudice to any other damages that may be owed to BOOST & Partners.
Where payment is made by the Client's OPCO, it is the Client's responsibility to submit their funding request before the service begins. The funding agreement must be provided at the time of registration and on the quote, duly completed, dated, stamped, signed and marked "Approved", returned to BOOST & Partners.
In the event of partial funding by the OPCO, the difference will be invoiced directly by BOOST & Partners to the Client. If the Client's funding agreement is not received by BOOST & Partners at least one business day before the service starts, BOOST & Partners reserves the right to refuse the Beneficiary's entry into the training or Skills Assessment, or to invoice the Client for the full cost of the service.
Withdrawal and Replacement of a Participant
If the Client notifies BOOST & Partners of a withdrawal at least 7 days before the start of the training, BOOST & Partners offers the Client the option to: postpone the Beneficiary's registration to a later training session, duly scheduled in the BOOST & Partners catalogue, subject to any necessary OPCO approval, or replace the unavailable Beneficiary with another participant with the same profile and the same training needs, subject to any necessary OPCO approval.
This latter option does not apply to intermittent performing arts workers.
Cancellation, Postponement, Absence or Interruption of Training
Any training course or Skills Assessment that has begun is payable in full and will be invoiced to the Client by BOOST & Partners. In the event of absence, interruption or cancellation, BOOST & Partners' invoice will distinguish between the price corresponding to the days actually attended by the Beneficiary and the amounts owed for absences or interruption of the training. It is noted that any amounts owed by the Client on this basis cannot be offset against the Client's obligation to contribute to continuing professional training, nor can they be the subject of a funding request to an OPCO. In such cases, the Client agrees to pay any remaining amounts directly to BOOST & Partners. Furthermore, in the event of cancellation of the service by the Client, BOOST & Partners reserves the right to invoice the Client for cancellation fees calculated as follows:
- if cancellation occurs more than 7 business days before the start of the service: no cancellation fee
- if cancellation occurs less than 7 business days before the start of the service: the cancellation fee is equal to 100% of the service price excluding tax
- Any cancellation or postponement of registration by the Client must be reported and confirmed in writing.
Quotes and Certificates
For each training course or Skills Assessment, a quote is sent by BOOST & Partners to the Client. The quote, duly completed, dated, stamped, signed and marked "Approved", must be returned to BOOST & Partners by any means convenient to the Client: post, fax, or email.
Where applicable, a specific agreement may be drawn up between BOOST & Partners, the OPCO and/or the Client. At the end of the training, BOOST & Partners issues a training certificate to the Beneficiary. Where an OPCO provides partial or full funding, BOOST & Partners sends it a copy of this certificate along with the invoice. A certificate of attendance for each Beneficiary can be provided to the Client upon request.
Obligations and Force Majeure
In providing its training services, BOOST & Partners is bound by an obligation of means, not of results, towards its Clients or Trainees. BOOST & Partners cannot be held liable to its Clients or Trainees for failure to perform its obligations resulting from an unforeseen event or force majeure. In addition to those events usually recognised by case law, the following are considered cases of unforeseen circumstances or force majeure: illness or accident affecting a trainer or programme lead, strikes or labour disputes external to BOOST & Partners, natural disasters, fires, interruption of telecommunications, energy supply or any type of transport, or any other circumstance beyond the reasonable control of BOOST & Partners.
Intellectual Property and Copyright
All presentation materials, content and teaching aids, in whatever form (paper, electronic, digital, oral, etc.), used by BOOST & Partners to deliver its training courses or provided to Trainees, constitute original works and are, as such, protected by intellectual property law and copyright. Accordingly, the Client and the Trainee are prohibited from using, transmitting, reproducing, exploiting or altering all or part of these documents without the express agreement of BOOST & Partners. This prohibition applies in particular to any use made by the Client or Trainee for the purpose of organising or delivering training courses.
Training Descriptions and Programmes
Programme content, as it appears on training presentation sheets, is provided for indicative purposes only. The trainer or programme lead reserves the right to modify it depending on current events, participants' level, or group dynamics.
Confidentiality and Communication
BOOST & Partners, the Client and the Trainee agree to keep confidential any documents and information they may access during the training service or through discussions prior to registration, in particular all elements contained in the proposal sent by BOOST & Partners to the Client. BOOST & Partners agrees not to disclose to third parties, other than the partners with whom the training courses are organised and the OPCAs, any information provided by the Client, including information concerning Trainees. However, the Client agrees to be named by BOOST & Partners as a client of its training services. To this end, the Client authorises BOOST & Partners to mention its name, along with an objective description of the nature of the services provided, in its reference lists and proposals to prospects and clients, in discussions with third parties, in activity reports, and where required by legal, regulatory or accounting provisions.
Protection of and Access to Personal Information
The Client agrees to inform each Trainee that:
personal data concerning them is collected and processed for the purposes of tracking training completion and improving BOOST & Partners' offering.
in accordance with French law no. 78-17 of 6 January 1978, the Trainee has the right to access, modify and rectify personal data concerning them.
In particular, BOOST & Partners will retain data relating to the Trainee's progress for a period not exceeding the time necessary to assess the training. Finally, BOOST & Partners agrees to delete, at the end of the exercises, any images recorded by video during practical work or simulations.
Governing Law and Jurisdiction
The terms detailed in this document are governed by French law. In the event of a dispute arising between the Client and BOOST & Partners regarding the interpretation of these terms or the performance of the contract, an amicable solution will first be sought. Failing this, the courts of Paris shall have sole jurisdiction to settle the dispute.
GDPR
As part of assignments commissioned by organisations, BOOST may be required to support certain employees, which may result in BOOST obtaining individual professional information about these employees (career history, training, career development plans, etc.). This data will then be kept in a secure file, under the responsibility of the company's manager, solely for the purpose of managing the client and employee support process. This data is accessible only to the practitioners involved in the assignment and is deleted 2 years after the last contact, and may be deleted at the employee's request. Individuals receiving support also have access to their own data upon simple request.
In effect as of 29.09.2021
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