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Scope

Last updated on: September 1, 2024

Unless expressly waived by the special conditions or any other writing signed by the Parties or their duly authorized thereto, these Conditions apply to all contractual relationships between WELCOMEUROPE and the Customer. Without prejudice to legal and regulatory requirements, the provisions of the general conditions and specific conditions shall be applied only to the extent they have been specifically approved by WELCOMEUROPE in writing signed by his or its authorized representatives. 

1. Reciprocal obligations of WELCOMEUROPE and Client
 
1.a) The contract proposals made by WELCOMEUROPE and giving rise to a good agreement should specify:
– The definition and scope of the assignment; 
– The manner of service delivery;
– The type of remuneration. 
 
1.b) WELCOMEUROPE is responsible for carrying out its assignment as established in the contract and is required to devote his best efforts. It assumes vis-à-vis the Customer, an obligation of means. No obligation of results is engaged, unless forecast in the special conditions of contract governing the Assignment. 
 
1.c) The Customer is required to facilitate the assignment by making available all relevant information owned by its staff to WELCOMEUROPE and facilitating the connection between them and WELCOMEUROPE. He is responsible for the accuracy, completeness and reliability of the information, including those from third parties. Any delay or failure in the transmission of this information allows WELCOMEUROPE to charge Customer fees and expenses justified by the delays and / or deficiencies.  
1.d) The Client commits to not poach or recruit Welcomeurope employees who took part in the fulfilment of the contract, throughout the duration of the contract and for two calendar years following the end of contractual relations. In the event of a breach of this clause, the Client will have to pay Welcomeurope, as a penalty clause, a fee amounting to twelve times the last wages, plus employers’ contributions, of the unfairly poached employee.
 
2. Entry into force, duration and termination of contracts
 
2.a) Except where their pre-contractual liability would be taken in accordance with common law, the parties assume mutual obligations regarding the Assignment by the signature of the contract. Sending an offer to the Client by WELCOMEUROPE binds it only within a period of sixty days from the date of the shipment. 
 
2.b) Any contract whose duration is not determined in time or by an object to give it a certain deadline can be terminated at any time by either party with notice of three months starting the last day of the month in which termination is issued. During the period of notice, WELCOMEUROPE fees cannot be less than the amount of fees charged for the three preceding months. The notice period can be replaced by a compensatory indemnity equal to the same amount, regardless of the party which terminates.  
 
2.c) The fixed-term contract or contract with a specific deadline expires on the expiry date. If a Party terminates such a contract prematurely without error attributable to the other Party, it will owe to it an allowance equal to three months of fees pursuant to Section 3.2. and cannot be less than 20 % of the fees prescribed until the normal expiry.
 
This provision is also applicable, pro rata, where the assignment would be reduced.
 
2.d). Where a Party invokes a fault of the other Party, as it thinks fit to order the termination of the Agreement, it shall immediately notify the other party notice, by registered mail, of having to rectify the fault or the breach within fifteen days of notification. 
If this proves impossible, or if the defaulting Party fails to comply with the notice within the prescribed period, the Party claiming the failure or breach shall declare the termination with immediate effect, without prejudice to any damages of both sides if necessary. 
3. Remuneration of WELCOMEUROPE 
 
3.a) WELCOMEUROPE is paid exclusively by the Customer who has charge of the Assignment. 
 
3.b) For any assignment entrusted to him, the remuneration of WELCOMEUROPE consists of fees for services performed, plus any compensation for the variable costs incurred by WELCOMEUROPE for the assignment. These fees and charges are subject to a comprehensive but detailed billing in the manner defined in the Special Conditions. 
 
3.c) WELCOMEUROPE fees can be calculated, as appropriate: 
– Per unit of time of service (hours, days or months), depending on the nature thereof and, where appropriate, the staff involved in the Assignment, in which case, WELCOMEUROPE establishes time sheets that are provided to customer demand for it; 
– According to a fixed rate scheme in the Special Conditions; 
 
For a given assignment, the different calculation methods can be combined in the manner determined by the specific conditions. 
 
3.d) Variable costs borne by the Client can be calculated, as appropriate: 
– Lump sum; 
– Based on actual costs incurred at the request or with the consent of the Client, in the manner prescribed in the Special Conditions. 
4. Privacy 
The Parties shall treat as confidential all information submitted by the other Party under the Assignment. 
However, are not considered confidential:
– Public information, other than those which were the subject of a wrongful disclosure by a Party or a person to whom this information was communicated by a Party;
– The information that was already known to a Party at the time they were communicated by the other Party;
– Information obtained from a third party with such information and lawfully empowered to disclose it.
 
Parties are permitted to report that this agreement and collaboration between them, but that its conditions can be disclosed without the consent of the other Party. 
 
5. Entry into force, law and litigation 
 
These conditions came into force on 1 September 2010 and shall apply to all contracts after that date.
 
The WELCOMEUROPE contracts are subject to French law. In case of dispute that cannot find an amicable solution, the courts of Paris shall have jurisdiction. The present clause is laid down in the interest of Welcomeurope, which reserves the right to terminate it where appropriate. 
6. General Terms and Conditions – Training Offers
 

6.a) Organization

WELCOMEUROPE is a vocational training organization. Its head office is located at: 161 rue Montmartre, 75002 Paris FRANCE.

DIRECCTE approval number: 11 75 35 66 275.

WELCOMEUROPE designs, puts forward, and provides intra and inter training courses, on-site and remotely.

6.b) Contract

These general terms and conditions apply to all training courses provided by WELCOMEUROPE and prevent any other provision from being implemented.

Registering for a training session must be done in writing. The partner’s signature and stamp on the registration form or on the estimate equal compliance with the present conditions.

Registration is only considered final after WELCOMEUROPE has confirmed.

6.c) Prices

The training sessions’ prices are listed on the registration forms or estimates. All prices listed exclude VAT and may include certain direct training costs (additional training and services, for instance, meals, snacks, and training support).

Any session, course, or cycle that has begun is entirely owed.

6.d) Payment conditions/training payment/support payment

INTER training courses are owed as soon as WELCOMEUROPE receives the registration form/estimate. No repayment schedule is possible. Registration will be consented to after full payment of the training fees. Full payment is due at the latest 15 working days before training starts. In the event of lack of payment 15 working days before the training session, Welcomeurope reserves the right to cancel registration.

For INTRA or tailor-made training sessions, payment conditions are stated on the signed agreement sent to the patron.

Provided that an administrative purchase order is sent before the training session, some French public organizations may pay after the service has been rendered, after receiving training-related legal documents (attendance certificates, work-placement contract…).

Unless otherwise stated, all prices are in Euros and exclude tax. Where appropriate, French VAT is added. Any organization that isn’t subject to VAT must provide written evidence of this exemption, otherwise, VAT will automatically apply.

5% late payment fees will apply for any amount that remains unpaid past the deadline. This procedure will apply automatically and without notice.

Optional support (guide) will only be given to participants who sent their registration form two working weeks before the beginning of the training session. After this deadline, your support will be sent out to the address listed on the form, free of port charge. If you want your support guide to be sent to another address, please get in touch with our team.

6.e) Training paid for by a Joint registered collection agency (OPCA):

The following modalities only apply if the Joint registered collection agency (O.P.C.A, Organisme Paritaire Collecteur Agréé) directly pays Welcomeurope (Subrogation payment). Following validation, the OPCA sends Welcomeurope the agreement to cover the costs before the training starts. This is essential to charge the OPCA. The company is responsible for making sure the agreement has been properly received on the 1st day of training. Then, the invoice will be sent to the OPCA following the terms of the contract.

In the event of non-payment by the OPCA, for any reason, Welcomeurope reserves the right to re-invoice the company for the training session.

If the OPCA only covers part of the training costs, the remainder will be charged to the company.

Should the trainee be partially absent, only the hours of attendance will be charged to the OPCA. Unattended hours will be charged to the client.

If Welcomeurope has not received the OPCA’s agreement to cover the costs on the 1st day of training, the entire bill will be sent to the beneficiary client.

6.f) Replacement/Cancelation/Adjournment

Trainees can be replaced at any time and free of charge: send, in writing, the name and address of the replacement, provided that s/he meets the requirements to qualify for training. For administrative and educational management purposes, only one adjournment per trainee is allowed.

Sent in writing by the people registered for a session, cancelations will produce a full refund or credit if received at the latest 10 working days before the training session starts. After this deadline, for any cancelation, WELCOMEUROPE will have to invoice 100% of the training session’s costs, including tax, by way of fixed compensation.

If a training session is canceled and not adjourned within 4 months after the initial date, WELCOMEUROPE will reimburse the entire amount received.

Should WELCOMEUROPE cancel or postpone the training session, no damages will be paid for any reason (plane/train tickets, hotel…).

WELCOMEUROPE reserves the right to cancel or postpone a training session or to change its location at the latest 15 calendar days before the planned date. It cannot be held liable for doing so.

Emergency cancelation: WELCOMEUROPE cannot be held liable with regard to the Client if it cannot fulfil its obligations because of a case of force majeure. Cases of force majeure include, for example, a consultant or trainer getting sick or having an accident, internal or external strikes or social conflicts, natural disasters, fires, failing to obtain a visa, a labor permit or any other permit, subsequent laws or regulations, disruption of telecommunication, disruption of power supply, disruption of communication or transportation of all kinds, or any other event Welcomeurope cannot reasonably control.

6.g) Intellectual property

Only the trainee attending the training session may use the tools and supports provided by WELCOMEUROPE. Any reproduction, even partial, is prohibited.

6.h) Information and communication

WELCOMEUROPE commits to never giving the participants’ personal data to anyone, except for the participants attending the same session (list of participants with contact details).

WELCOMEUROPE reserves the right to use the name, brand, and logo for advertising or commercial prospection purposes, with no time limit.

The Client agrees to be mentioned as a client of the services Welcomeurope offers. WELCOMEUROPE may mention the Client’s name as well as an impartial account of the nature of the services, of the object of the contract, in its reference lists and offers aimed at prospects and customers, interviews with third parties, communication with staff, internal provisional management documents, annual shareholders’ report, as well as for mandatory legal, regulatory, or accounting provisions, notably within the framework of procurement contracts.

6.i) Non-solicitation clause

The Client commits to not poach or recruit Welcomeurope employees who took part in the fulfilment of the contract, throughout the duration of the contract and for two calendar years following the end of contractual relations. In the event of a breach of this clause, the Client will have to pay Welcomeurope, as a penalty clause, a fee amounting to twelve times the last wages, plus employers’ contributions, of the unfairly poached employee.

6.j) Applicable law

French law governs these general terms and conditions as well as contractual relations between Welcomeurope and its Clients.

6.k) Jurisdiction

Any dispute that cannot be settled out of court will fall under the exclusive jurisdiction of the PARIS COMMERCIAL COURT, regardless of the location of the Client’s head office or residence, notwithstanding multiple defendants or the introduction of third parties. This jurisdiction clause will not apply in the event of a dispute with a non-professional Client, for whom the legal rules of substantive and geographical shall apply.

6.l) Choice of address

The address chosen by Welcomeurope is that of its head office, 161 Rue Montmartre – 75002 PARIS.