General Terms and Conditions
Formations&Co reserves the right to modify or update its general terms and conditions at any time. The general terms and conditions applicable on the day of the order can be consulted on the wwwformationsco.com website. wwwformationsco.com
1 . Presentation: Formations&Co SA, whose head office is located at Rue de la Morâche, 1 - 1260 Nyon (Vaud - Switzerland) is an expert in language training. Offers a range of tools and training courses to improve personal and professional skills. All courses are developed and run by experienced, high-quality professionals.
2 . Purpose: These general terms and conditions of sale (hereinafter the "GTC") apply to all Formations&Co service offers relating to orders placed by any professional or private customer (hereinafter the "Customer"). Placing an order implies the customer's full and unreserved acceptance of these GTC. Any condition to the contrary and in particular any general or specific condition opposed by the customer may not, unless Formations&Co formally accepts it in writing, prevail over these GTC, regardless of the time at which it may have been brought to Formations&Co's attention. The fact that Formations&Co does not invoke any of these GTC at a given time may not be interpreted as a waiver of the right to invoke them at a later date. The customer is responsible for compliance with these GTC by all of its employees, servants and agents. The customer also acknowledges that, prior to any order, he/she has received sufficient information and advice from Formations&Co, enabling him/her to ensure that the Service Offering meets his/her needs.
3 . Learning programs definitions: Each learning program corresponds to a goal to be achieved (by a learner or a group of learners). These programs are available as "private courses" for 1 to 2 learners, "group courses" for 3 to 6 learners, face-to-face, distance learning or Digital Learning. The price of the program as set out in the list of services and pricing is for periods of 30, 60, 90 or 120 minutes. At the customer's request and depending on requirements, these may be different, in which case the price will be adapted.
4 . Method of payment: Programmes are invoiced as soon as the offer has been validated and are payable on receipt of invoice for private customers and within 30 days for businesses. The learning programs are invoiced as soon as the offer is validated and payable within 30 days in accordance with the contractual terms and conditions. Formations&Co reserves the right to interrupt a programme if the terms of payment are not respected.
5 . Validity of the learning programs: Before the start of the program, the Formations&Co offer must be validated and ideally signed with a "Good for agreement" by the customer and returned to Formations&Co. This commits the customer to all our general conditions. The duration of the course is agreed between Formations&Co and the customer at the time of the offer. The presupposed end date of the course is calculated and depends on the type of programme and the periodicity of the courses chosen. If there is a delay due to the client, the learning program will end a maximum of 9 months after the last course date initially assumed.
6 . Organisation, planning of sessions: The trainer sets the timetable for the sessions in agreement with the learner. Any changes must be agreed between the trainer and the learner.
7 . Postponement of sessions: Up to 5 p.m. on the working day preceding the session, the learner may ask the trainer to postpone a session. For both administrative and pedagogical reasons, the missed session will then have to be rescheduled at a time agreed with the learner within three months. The postponement of a Monday session must be announced before 5 p.m. on the previous Friday. In the case of an intensive course, the postponement deadline is 5 working days before the scheduled date of the first session. Any session postponed outside this period will be billed. Postponed sessions do not give the right to an extension of the validity of the learning program.
8 . Preparation sessions: When a learning program requires specific preparation from the trainer (e.g. research and/or reading of specialised texts), or the correction of mock exams, Formations&Co reserves the right to invoice up to one session every 5 sessions, to allow the trainer to carry out this additional work. This preparation time will appear on the training report in the same way as the sessions given.
9 . Change of learning program: For pedagogical or administrative reasons, Formations&Co may transfer a learner to another group or modify its learning program. If such a transfer involves a change in the type of program (for example a private program instead of a group program), a lump sum of CHF 150 will be charged to cover Formations&Co's administrative costs and the balance of the sessions will be recalculated according to the price of the new program. The composition of a group may be modified at the request of a customer with the prior agreement of Formations&Co. The withdrawal of students during a learning program does not entitle the client to any discount.
10 . Intensive learning program: Intensive programmes include a minimum of 15 sessions of 60-minutes per week.
11 . Distance Learning Programs by Visio or digital-Learning: Formations&Co will open the course credit after receipt of the duly signed offer and payment of the price of the chosen program. Formations&Co cannot under any circumstances refund or waive the price of these courses. The course credit is valid for the initial period agreed from the opening of the account. The pedagogical support relating to these courses is paid for by the customer.
12 . Cancellation of a learning program: The learning programs started with Formations&Co cannot be cancelled. If the learner is unable to continue the course, the credit balance may be allocated to another employee of the same company, within the validity of the programme. A lump sum of CHF 150 will be charged to cover Formations&Co's administrative costs. In the case of an intensive course, no credit balance may be allocated to another employee.
13 . Confidentiality: Formations&Co requires all its trainers to sign a confidentiality clause but cannot be held responsible for any breach of this obligation by a trainer. Formations&Co undertakes to observe total confidentiality with regard to information and private data which may come to its knowledge in the context of its business relations with its customers and in accordance with the Swiss GPRD rules.
14 . Guarantees: Si applicable , If applicable, Formations&Co undertakes to make every effort to allow access to its LMS platform, 7 days a week, 24 hours a day, for the duration of the rights of use of the services, except in the event of a breakdown or technical constraints linked to the specificities of the Internet network. The customer undertakes to inform Formations&Co within 24 hours of discovering a technical malfunction. Formations&Co will do its best to ensure that the LMS platform functions reliably and continuously. However, the customer acknowledges that no one can guarantee the proper functioning of the Internet network. In the event of an interruption of service by Formations&Co due to corrective maintenance, Formations&Co will do its utmost to remedy the malfunction within 48 working hours. After this period, Formations&Co will extend access to the services for the benefit of the users for a period corresponding to that of the unavailability. In the event of ongoing maintenance of its LMS platform, Formations&Co may also temporarily interrupt access. Formations&Co will then endeavour to limit the time during which the service is interrupted and will endeavour to inform the client in advance. The latter undertakes not to claim compensation or damages from Formations&Co. Formations&Co will extend access to the services for the benefit of the users for a period corresponding to that of the unavailability.
15 . Phone assistance available to the contact person: Contractually designated by the customer, telephone assistance is available from 9 am to 5 pm on working days. The telephone assistance is intended to identify the malfunction and, depending on the difficulty encountered, either to provide an immediate response, or to specify the timeframe within which the response will be given. If the fault is Formations&Co's responsibility and subject to the customer's compliance with the conditions set out in these GTC, Formations&Co undertakes to do its utmost to resolve the fault or to provide an acceptable workaround solution as soon as possible.
16 . Force majeure: : Formations&Co shall not be held liable to the customer in the event of non-performance of its obligations resulting from an event of force majeure. Are considered as force majeure or fortuitous event, in addition to those usually recognised by the jurisprudence of the Swiss Courts and Tribunals and without this list being restrictive: the illness or accident of a consultant or training leader, strikes or industrial disputes internal or external to Formations&Co, natural disasters, fires, failure to obtain visas, work permits or other permits, laws or regulations subsequently introduced, interruption of telecommunications, interruption of energy supply, interruption of communications or transport of any kind, or any other circumstance beyond the reasonable control of Formations&Co.
17 . Intellectual property: Formations&Co is the sole owner of the intellectual property rights of all materials bearing the Formations&Co or Speak'Pro brand. As such, they may not be used, transformed, reproduced, or exploited in any way not expressly authorised within or outside the client without the express agreement of Formations&Co. In particular, the customer undertakes not to use the content of materials bearing the Formations&Co or Speak'Pro brand to train persons other than its own staff and accepts liability under the Intellectual Property Code in the event of unauthorised transfer or communication of the content.
18 . Miscellaneous: These general terms and conditions may be amended at any time by Formations&Co. They are valid in their latest version and are attached to each offer sent by Formations&Co to its clients. They are deemed accepted unless the client rejects them in writing or requests that they be modified. Unless otherwise stated by the customer, Formations&Co reserves the right to use the name of its customers as a commercial reference.
19 . Applicable law: These general terms and conditions are subject to Swiss law. They are written in French (official Swiss language) and have been translated into one or more foreign languages for conveniency. Nevertheless, only the French text will be deemed authentic in the event of a dispute. All disputes to which these general terms and conditions may give rise, concerning their validity, interpretation, performance, termination and consequences thereof, shall be submitted to the Court of Nyon (Vaud).
The information we collect comes from the complete entry of your details in the mandatory fields of our various online forms or following course requests.
The following personal data may be collected on our sites:
Profile creation : In particular, your surname, first name, date of birth, postal address, e-mail address, telephone number and connection data are recorded.
websites connection We record your connection, browsing and location data.
Information from third parties : some of your data (in particular your surname, first name, telephone number and/or postal address, e-mail address) may have been transmitted to us, with your prior consent, by our partners. In this case, the processing of your data will be governed by the present stipulations.
Contact : When you fill in the contact form, your surname, first name, e-mail address, connection data, postal address and message are collected.
Cookies : when you use our sites, cookies are used to collect certain information (in particular, your IP address, information relating to the computer used for browsing, the connection mode, the type and version of Internet browser, the operating system and other technical identifiers or the URL address of connections, including date and time, as well as the content accessed, location data, behavior (known and unknown visitors, frequency and recency), origin of visit, browsing history, interests, demographic data (age and gender)). You can deactivate cookies using your browser settings.
The information collected in this way will only be used to monitor the volume, type and pattern of traffic using this site, to develop the design and layout, and for other administrative and planning purposes and, more generally, to improve the service we offer you. This information will not be kept for longer than thirteen months, unless you agree otherwise.
The main uses of your personal data are as follows:
- Access to and use of our sites ;
- Verification and authentication of your data ;
- Optimizing the layout and operation of our sites;
- Fight against fraud, misuse, viruses and other malware;
- Relationship management ;
- Send you commercial information and advertising messages based on your browsing history, preferences and interests.
Where certain information is mandatory in order to access specific functionalities of our sites, this mandatory nature is indicated at the time the data is entered. If you refuse to provide mandatory information, you may not be able to access certain services, features or sections of our site.
During this period, the sites put in place the organizational, software, legal, technical and physical means to ensure the confidentiality and security of your personal data, so as to prevent damage, deletion or access by unauthorized third parties.
Access to your personal data is strictly limited to employees of Formations&Co authorized by virtue of their functions and bound by an obligation of confidentiality.
However, the data collected may be communicated to subcontractors contractually entrusted with the performance of tasks necessary for the proper functioning of our site and its services, as well as for the proper management of our relationship with you, without your consent. It is specified that, in the context of the performance of their services, subcontractors have only limited access to your data and are under a contractual obligation to use it in accordance with the provisions of the applicable legislation on the protection of personal data. Apart from the cases set out above, Formations&Co undertakes not to sell, rent, transfer or give access to third parties to your data without your prior consent, unless compelled to do so for a legitimate reason (legal obligation, fight against fraud or abuse, exercise of rights of defence, etc.).
In accordance with applicable legal and regulatory provisions, in particular the law relating to data processing, files and freedoms and European Regulation 2016/679 of April 27, 2018:
- Exercise your right of access to your personal data;
- Ask for your data to be updated if it is inaccurate;
- Request portability or deletion of your data;
- Request the restriction of the processing of your data;
- Object, on legitimate grounds, to the processing of your data;
- Oppose or withdraw your consent to the use of your contact details by our services for the sending of our promotions and solicitations via e-mail, SMS messages, telephone calls and postal mail. This right remains valid whether the information concerning you has been transmitted to us directly by you or by third-party partners to whom you have communicated it (in the latter case, you will have to click on the unsubscribe links provided in our SMS messages or e-mails or contact us under the conditions below).
These rights may be exercised :
- or by e-mail : firstname.lastname@example.org
- or by post to the following address:
Rue de la Môrache, 1
1260 Nyon (VD)
For security reasons and to avoid fraudulent requests, this request must be accompanied by proof of identity. The proof of identity will be destroyed once the request has been processed.