Article 1 – Definition - Purpose of Services
Energy Formation of the HR and Transformation Department of GRDF is registered under the number 52 44 07480 44, this registration does not constitute State approval.
It offers, in terms of professional training, the analysis of needs and the development and implementation of adapted solutions, provided through the following services:
- Pedagogical engineering services, consulting, MOA assistance, project management.
- Development and delivery of catalog courses or customized training actions.
- Training management (registrations, logistics) - Midday catering if available.
Welcoming people with disabilities: Energy Formation is committed to welcoming trainees with disabilities (visually impaired, hearing impaired, etc.) in the best possible conditions. Energy Formation can handle the logistics associated with an adapted service to facilitate access to training, provided that a notice period of at least 6 weeks before the start of the course is given. The service (once the offer is accepted by the requester) will be re-invoiced under the conditions in force in the last paragraph of Article 4.
Article 2 – Contractualization Methods
Each service must be contractually agreed upon by one of the following means:
- Service contract or Training agreement co-signed by an authorized representative of Energy Formation and by the authorized representative of the client entity.
- Registration of trainees in the unified training management tool.
- Order.
Article 3 – Purpose and Scope
Each contracted service is subject to these general terms and conditions of sale and implies the full and complete adherence and acceptance of the client entity (signatory of the service contract or agreement or responsible for the registration).
Article 4 – Billing Methods for Services
Each contracted service is subject to full-cost billing by Energy Formation, based on Units of Work (UO):
- UO "Service Day" (JP) for management and engineering, consulting, project management, purchasing assistance, design, pedagogical validation (including travel and accommodation expenses of the speaker in mainland France), MANDATORY on a service contract.
- UO "Trainee Hour" (HS) for the management and delivery of catalog-listed training courses that have been conducted at least once.
- UO "Meal" to account for catering and other peripheral hospitality services at our sites (coffee machines, water, etc.).
- UO "Registration Fee" for the administrative part of the training only.
Any other service managed by Energy Formation: actual cost plus 11% for efforts and care for purchases under 10k, 8% for amounts between 10k and 50k, and 5% for amounts equal to or greater than 50k.
Article 5 – Service Rates
The rates are fixed.
The Registration Fee includes only the administrative part related to the training: the management and follow-up of registrations, sending each participant a summons, an attendance certificate, and updating the HR information system for companies that have chosen an integrated IS.
The HS rates include training management fees, pedagogical engineering fees, as well as the provision of suitable training logistics when the session is held at Energy Formation's premises. The service provided by Energy Formation complies with the training action sheet published in its unified training management tool. Any additional service not provided above will be subject to specific price negotiation.
All our prices are quoted excluding taxes.
Any service (JP) started is due in full. Any course started is due in full.
Article 6 – Term and Payment Methods
Our invoices are payable in cash without discount, no later than the due date indicated on the invoice (30 days upon receipt of the invoice), by bank transfer or exceptionally by check.
In the event of non-payment of an overdue invoice, after a formal notice remains without effect within 5 working days, Energy Formation reserves the right to suspend any ongoing and/or future services.
Coverage and Payment of Training by an OPCO
The following terms apply only if the OPCO (Skills Operator) pays directly to Energy Formation (Payment Subrogation). After validation, the OPCO sends Energy Formation the coverage agreement before the start of the training, which is essential for any invoicing to the OPCO. It is the company's responsibility to ensure its receipt on the first day of the course. The invoice is then sent to the OPCO according to the terms of coverage. In case of non-payment by the OPCO, for any reason, Energy Formation reserves the right to re-invoice the training cost to the company.
Specifics
If the OPCO only partially covers the training cost, the remaining balance will be invoiced to the company. In case of partial absence of the trainee, only the attended hours will be invoiced to the OPCO. The non-completed part will be invoiced to the client. If Energy Formation has not received the OPCO's coverage agreement by the first day of the training, the invoice for the entire cost of the course will be sent to the beneficiary client who must honor it.
Article 7 – Invitation to a Training Session
Participation in a training session is validated by the issuance of a nominative invitation sent by Energy Formation 6 weeks before the start of the training (provided that the session is confirmed and the registration has been anticipated). Each participant receives by email the confirmation of the training details (location and access conditions, schedule, presentation sheet with conditions of realization). By doing so, they commit to respecting the Energy Formation Trainee Rules.
Article 8 – Cancellation / Postponement and Withdrawal by the Requester
Services outside catalog courses: Any request for cancellation or postponement of a service outside the realization of a catalog course must be notified in writing to the authorized representative of Energy Formation. For services other than catalog training, the service contract specifies the terms of cancellation and postponement. In case of withdrawal, the amounts paid for the withdrawal cannot be deducted from the employer's obligation and cannot be subject to a request for coverage by an OPCO.
Catalog courses: Any cancellation of a participant's registration for a catalog course must be notified by the requester in our unified training management tool or, failing that, in writing to the authorized representative of Energy Formation. A cancellation of registration more than 30 days before the start of the course is not billed. A cancellation of registration within less than 30 days is considered a withdrawal and is billed.
However, the replacement of a trainee is possible until the start of the course. The applicable billing rules are as follows: Absent or canceled trainee not replaced: 100% billing of educational fees (Trainee Hours).
Article 9 – Cancellation / Postponement by Energy Formation
Each session (including catalog courses) has a maximum and minimum number of participants required for the session to take place. In case of session cancellation, particularly due to a lack of participants, Energy Formation will inform each client who has registered a participant as soon as it becomes aware and will reschedule the session as soon as possible.
Any session canceled by Energy Formation less than 3 weeks before its start will result in the reimbursement of transportation costs incurred upon presentation of receipts. Cancellation or postponement of a session outside the above case does not give rise to any compensation.
Article 10 – Intellectual Property
All Energy Formation services are the result of long and costly research, work, and investments. The sale price grants access to specific data for a targeted participant. Energy Formation grants each participant a personal and non-transferable license to use the training materials provided to them.
Exploitation, reproduction, and any dissemination to third parties, by any means, are strictly subject to the express authorization of Energy Formation: books, documentation, animations reproduced for the personal use of the trainee, another organization, or their company, etc.
Client entities are jointly responsible with the participants for any violation of the above provisions.
Article 11 – Confidentiality
All information of any nature, whether commercial or technical, disclosed between the Parties during the service remains the exclusive property of the Party disclosing it. The receiving Party will use the information only within the framework of the service. The receiving Party undertakes to keep this information strictly confidential for five (5) years after the end of the service, to provide it only to employees who need to know it for the execution of the service and who are bound to treat it confidentially, and to not disclose it to any third party without obtaining the prior written consent of the disclosing Party.
Article 12 – Data Protection
Personal information communicated by the Client entity to Energy Formation in the application and execution of the services may be communicated to Energy Formation's contractual partners for the needs of said services. In accordance with the European regulations applicable to these files, the Client entity may write to Energy Formation to oppose such communication of information concerning them. They may also exercise their rights of access, rectification, or deletion of their information in Energy Formation's files at any time.
Article 13 – Obligations of Energy Formation
As part of a course conducted outside the premises of Energy Formation, and unless otherwise specified, the host entity is responsible for all logistical aspects (access plan, catering, classroom reservation, provision of teaching materials and equipment, etc.) according to the recommendations of Energy Formation.
The host entity is responsible for the proper functioning of its equipment. In case of failure of any of them, it will take all necessary measures to replace them within a timeframe compatible with the continuation of the session. Otherwise, Energy Formation cannot be held responsible for malfunctions that may lead to the cancellation of the session.
Article 14 – Ethics and Sustainable Development Energy Formation
Energy Formation commits to respecting and requiring its subcontractors and/or suppliers to respect GRDF's commitments in terms of ethics and sustainable development (including social and environmental responsibilities) as defined in its Charters and reference documents available on its website www.grdf.fr
Article 15 – Dispute Resolution
In the event of a dispute, if no compromise can be reached, the dispute will be handled by the competent court at the headquarters of GRDF, initiated by the most diligent party.