General terms and conditions of e-learning sales
E-learning or online learning means any training action based on the provision of resources from new information technologies.
- NATURE OF THE SERVICE
In the context of e-learning on a FICTIS platform, the client is granted:
- Opening access to the service of the platform for the benefit of the end user (user) defined as any natural person holding a user logon account,
- The right of access to the module (s) selected by the customer for a period defined in the special conditions of sale, from the receipt of the confirmation email containing the accesses (login and password ), period after which access will be disabled,
- The ability for the client to obtain a continuous assessment during the access period,
- The possibility of having a certificate attesting to the traceability of the training followed
FICTIS reserves the right to modify or change the training services presented in the catalog without prior notice. The choice and purchase of a training service are the sole responsibility of the customer. The inability to use the product purchased for any reason whatsoever, in particular for incompatibility with the customer's equipment, cannot in any case give rise to compensation or cancellation of the purchase from FICTIS. The computerized registers, kept in each party's computer systems, under reasonable security conditions, will be accepted as proof of communications, contracts and payments made between the parties.
FICTIS provides its customers with telephone assistance that can be reached from 9:30 a.m. to 12 p.m. and from 2 p.m. to 5 p.m. on working days. The assistance is intended to identify possible malfunctions and provide them with an immediate response or to indicate the response time depending on the nature of the difficulty encountered.
FICTIS undertakes to make every effort to allow access to the platform 7 days a week and 24 hours a day for the duration of the access rights, except for possible breakdowns or technical constraints related to the specificities of the Internet network or any case force majeure.
The customer agrees to inform FICTIS within 24 hours of the discovery of a technical malfunction and FICTIS will make its best efforts to ensure that the platform operates continuously. In the event of an interruption of service by FICTIS linked to a corrective or evolutionary maintenance intervention of the platform, FICTIS strives to limit the time of interruption and to notify the customer by a message on the page of connection. The customer undertakes not to claim any compensation or damages from FICTIS.
In the event of a mismatch between the module (s) delivered and the customer's order or operational anomalies (blockages, functionalities not accessible, preventing normal use of all or part of the module (s) ), the client must report it to FICTIS in writing within 8 working days after rights have been opened. The client must provide any justification as to the reality of the anomalies or non-conformities noted. The client must not intervene himself. will do whatever is necessary to intervene and restore the service as soon as possible, however this clause does not apply if the anomaly is due to:
- A modification of the technical prerequisites without information and express agreement of FICTIS.
- Programs not provided by FICTIS and its partners.
- Improper handling or handling not in accordance with the operating instructions communicated by FICTIS.
- SELLING PRICE
For each e-learning module offered, the catalog indicates the price applicable to said module. The sale prices are in euros excluding taxes, not including any bandwidth maintenance costs.
In the case of e-learning products, no delivery of any deliverable is made.
When the customer orders an e-learning training, he agrees to buy said module at the price indicated in the catalog at the time he places the order.
Payment will be made exclusively by online payment, except for tailor-made offers. For online orders, only the validation of payment by our banking organization will prevail.
In the case of tailor-made offers and where the customer is late in paying the price, we would be entitled to claim default interest calculated on the basis of the legal rate in force and applicable from the date of issue of the bill.
- REGISTRATION AND AVAILABILITY OF TRAINING
After confirmation by our banking organization, registration is carried out automatically on the LMS platform dedicated to the https://construire-accessible.com site.
An email is then sent to the client referent who has entered their email address. This email contains the trainee access account (s), within the limit of 5 accesses. In addition, a tailor-made offer must be made and a different process put in place with the FICTIS sales team.
FICTIS cannot be held responsible for the incorrect information of the e-mail address for the reception of access accounts, in the inbox or spam.
The certificate of end of training, for each trainee, will be sent automatically by email, to the email field completed when ordering.
It is the customer's responsibility to send the certificates to all trainees.
Unless specific conditions expressly accepted by FICTIS, the right to use the module (s) is granted to the only user mentioned on the order form.
The identifier and password delivered electronically to the user are strictly personal and confidential information, placed under the exclusive responsibility of the client. As such they cannot be sold, sold or shared. The customer guarantees to FICTIS the execution of this clause by any user and will answer for any fraudulent or abusive use of the access codes. The customer will immediately inform FICTIS of the loss or theft of the access keys. In the event of a violation of the inalienability clause or the sharing of access keys, FICTIS reserves the right to suspend the service without compensation, notice or prior information.
- TRANSFER OF OWNERSHIP OF SOFTWARE - LICENSE
The customer formally undertakes to use the platform and / or the training modules only for its sole use. It is strictly forbidden for the client to transfer, for the benefit of anyone, his username and password which are strictly personal to him. Likewise, it is strictly forbidden to make any copy of the content made available to it, except as an exclusive safeguard. The client will respect and undertake to enforce the copyright recognized by the Intellectual Property Code.
The use of FICTIS products is under the sole responsibility of the customer. These products are intended for professionals and are in no way intended to replace their judgment or take on their responsibilities.
The customer is therefore solely responsible:
- the choice of this product, having received from FICTIS the necessary and sufficient advice and information on its conditions of use, its capacities and performance limits,
- and in his capacity as a professional, the use and interpretations he makes of the products, the results he obtains, the advice and acts he deduces and / or issues.
The guarantees that FICTIS may have to grant to its customers in respect of its products may in no case extend to the environment in which they operate and in particular to the products of other companies such as projection equipment, computers, systems and software.
Consequently, the responsibility of FICTIS cannot be questioned for any damage, direct or indirect, pecuniary or other resulting from the use or the impossibility of use of this product by the customer.
FICTIS is only responsible for the conformity of the products delivered to their instructions for use. In any event, in the event that FICTIS is held responsible, it is expressly agreed that the total of the compensation and all sums paid
could not exceed 50% of the total amount of the price actually paid by the customer under the concession of use in question.
Any cancellation by the Customer must be communicated in writing. Any training started will be due.
For any cancellation, less than 10 working days before the start of the course, the amount of the training will not be returned (payment being made when ordering).
The Customer expressly authorizes FICTIS to mention his name, his logo and to mention as references the subscription to an order and any operation resulting from its application in all of their commercial documents.
- CONTRACTUAL VALIDITY OF INFORMATION
The texts of the services presented are not contractual. The information on the server has been written in good faith by specialists. FICTIS can in no way be held responsible for any errors transcribed in this information.
The information which is requested from the customer is necessary for the processing of his order and may be communicated to the contractual partners of FICTIS involved in the execution of this order. In accordance with the law N ° 78-17 of January 6, 1978 relating to data processing, the files and freedoms, the customer has at any time a right of access and rectification. He can exercise this right by simple express request to the FICTIS marketing department.
All information concerning the client, purchase orders, invoices, training contracts, certificates of attendance are archived for the legal period from the date of their first edition.
- ONLINE PAYMENT
Online payment is made by a secure and encrypted application from our banking establishment.
As part of the order processing, certain personal information is transmitted to our banking organization. These data are confidential and are not subject to any resale or external communication (business partners, etc.).
You can have the information transmitted by contacting us at: firstname.lastname@example.org
- ATTRIBUTION OF JURISDICTION
Any dispute relating to the application of these terms, even in the event of a warranty claim or a plurality of defendants, will fail to be amicable, within the exclusive jurisdiction of the Angers Commercial Court.
- APPLICABLE LAW
The General Conditions and all relationships between FICTIS and its Customers are subject to French law.