Preamble - Presentation and definitions
Gesip is a professional training organization approved under the order number 11 75 03164 75 whose head office is located at Immeuble Linéa - 1, rue du Général Leclerc - 92800 Puteaux. Gesip designs, develops and delivers inter- and intra-company training courses
on its school sites in Vernon (27) and Roussillon (38), in France and/or abroad.
Gesip also carries out studies and audits and performs tests of materials or emulsifiers according to precise protocols that meet the standards of the profession.
In the following paragraphs, it is agreed to refer to :
- Client: any individual or legal entity that registers or orders a service from Gesip
- Trainee: the natural person who participates in a training course.
- Inter-company training: training courses included in the Gesip catalog and which bring together trainees from different structures.
- Intra-company training: training designed by Gesip on behalf of a client or a group of clients.
- e-Gesip training: Distance learning in the field of industrial safety (e-learning, blended learning and virtual classroom)
- Audits/Studies: Services performed on behalf of a client
- Tests: services carried out on our sites to test materials or emulsifiers
- GTC : the general conditions of sale, detailed below.
- OPCO: the approved parity collecting bodies responsible for collecting and managing the training effort of companies.
The present general terms and conditions of sale apply to all training, audit, study or test services provided by Gesip on behalf of a Client. The fact of registering or placing an order implies the Client's full and unreserved acceptance of these general terms of sale.
The present general terms and conditions of sale prevail over any other document of the Customer, and in particular over any general terms and conditions of purchase of the Customer.
Gesip reserves the right to revise the GTC at any time, with the new GTC applying to all new orders and no later than 2 months after publication for orders already registered, regardless of the previous contractual relationship between Gesip and the customer.
A - DESCRIPTION OF SERVICES
Gesip offers training courses dedicated to industrial and logistics sites that combine theory and practice
to promote learning and experience sharing in three formats:
- Inter-company" training courses: these are courses offered in the training catalog drawn up by Gesip and available on our website
catalogue developed by Gesip and available on our website http://www.gesip.com
- Intra-company" training: These training courses meet a specific need of the client,
These are so-called customized trainings
- Distance learning: this is training provided via the e-Gesip platform either in e-learning, blended learning or virtual class.
e-learning, blended learning or virtual class.
Article 1 - Inter-company and intra-company courses
Article 1.1 - Conduct of the training courses
Content and animation of the courses
The content and animation of the courses are defined by Gesip in order to meet the objectives defined in the catalog for each course or to meet a personalized request. The content of the courses as described in the catalog is given as an indication. It can be modified at any time by Gesip according to the level of the participants, the current events or the evolution of techniques and regulations.
The animation, the supervision as well as the elaboration of the content of certain training courses can be the object of a collaboration with a third organization to Gesip in order to ensure the best level of training to the trainees. Gesip guarantees the competence and qualification of this third party. Similarly, Gesip undertakes to ensure the competence and qualification of all instructors who will be called upon to intervene during the training courses offered to the Client. All of Gesip's trainers are professionals, mainly from the oil, gas and chemical industries.
Accommodation and catering
In order to encourage exchanges between trainees and leaders as well as the sharing of experience, Gesip offers optional half-board accommodation during the residential courses. Lunch will necessarily be taken together. The amount corresponding to this catering service is invoiced in addition to the price of the course.
During non-residential training courses (one-day training courses), Gesip offers a catering service for lunch. When registering, the Client is asked to indicate to Gesip if any of its trainees have a specific diet. Insofar as possible, Gesip will adapt to this request.
Schedules and travel
The Trainees who follow the training courses will have to join the place of training at the dates and times specified in their convocations and to remain there during all the duration of the training course including for the residential training courses. Any deviation from this clause must be negotiated prior to booking the course.
It is also reminded that lunch, as part of the course, is compulsory for trainees in order to promote the sharing of experience between trainees and facilitators.
Safety instructions and internal rules of the centers
It is expressly agreed that registration implies acceptance of the safety instructions given by the instructors during the course as well as the internal safety regulations applicable to the center.
The client ensures and certifies that each participant he/she registers meets the prerequisites required to follow the planned training.
The Client must ensure the physical aptitude of its trainees before sending them on a training course. Gesip is able to welcome your trainees with disabilities, you can contact our disability referent at the following address: email@example.com, to inform him of any inaptitude concerning a trainee at the time of his registration or occurring between the time of the signature of this agreement and the beginning of the course.
Gesip may refuse or limit access to a training session to any trainee who does not meet the criteria defined in Gesip's security charter, which is available at www.gesip.com. Gesip will inform the client and this refusal will not be subject to any compensation or reimbursement from Gesip.
Any training started by the Trainee is due in full.
An evaluation questionnaire of the acquired knowledge is filled in by each trainee during the last part of the training session. It is done electronically.
Certificate of training
At the end of the training, a certificate of training is given to each trainee.
Article 1.2 - Registration for Gesip courses
Registrations are essential to the organization and planning of the training courses. They will be transmitted as soon as possible by the Client in order to organize the intervention of Gesip's instructors.
The Client must then inform Gesip whether or not he/she wishes to benefit from accommodation services during the residential training courses, services included in addition to the price of the training course. This information must be provided at the time of registration. Otherwise, the client will not be entitled to a partial or total reimbursement of the accommodation or catering costs. However, if the client does not wish to order the accommodation services, the lunch remains mandatory and will be invoiced in addition to the price of the course.
When registering a trainee, an order form must be established and transmitted to Gesip for the reservation to be effective. This order form must mention the contact information of the Client to be invoiced as well as its intra-community VAT number.
At the time of registration, the Client must imperatively communicate to Gesip the contact information of the department in charge of the training.
As soon as the order form is received, Gesip shall send a training agreement summarizing the client's request with the corresponding costs, which must be returned to Gesip with the signature, not forgetting to fill in the boxes provided for in Article 5.
The order shall be deemed firm and definitive when the Customer returns to Gesip, by any written means, and in particular by e-mail, the signed training agreement. The fact of placing an order implies the Client's full and unreserved acceptance of the current GTCs and of the entire educational program on the day of acceptance of the commercial proposal or the agreement.
Invitations by name will be sent to the Training Department one month before the beginning of the course. The Training Department will verify the accuracy of the invitations and will communicate them to the trainees.
The trainees will have to present the original nominative invitations from Gesip at the beginning of the course. If not, Gesip reserves the right to refuse access to the course.
Membership and Adjournment
To promote the best learning conditions, the number of students in each course is limited. This number is determined for each course according to the objectives and teaching methods. Registrations are taken into account in the order in which they are received. The issuance of an estimate does not constitute registration. Only quotes or order forms duly filled in, dated, stamped, signed and marked "Good for agreement", returned to Gesip, have contractual value. Once the number of participants has been reached, registration is closed.
Gesip may then propose to the Trainee to participate in a new session or to be placed on a waiting list. In the event that the number of participants is insufficient to ensure the proper conduct of a training session, Gesip reserves the right to postpone the training session no later than 30 days before the scheduled date, without compensation.
Article 1.3 - Cancellation - Postponement of inter- and intra-company courses
Given the limited number of trainees, any postponement by the client is considered as a cancellation and requires a new registration. Any cancellation made by letter, fax or e-mail, will be valid only if Gesip acknowledges receipt of the cancellation by e-mail.
The client may cancel or postpone a training course without charge if this is done no later than 21 working days before the start date of the training course. After this period, whatever the reason, except in the case of force majeure, Gesip reserves the right to invoice the customer directly for cancellation fees according to the following conditions:
- From 20 to 8 days of the training: 50% of the cost of the course excluding accommodation
- From 7 days to the start of the training: 100% of the cost of the course and accommodation
An exception will be made when the client can justify a case of force majeure in the sense of article 1148 of the Civil Code. Proof of this event must be sent to Gesip by e-mail or fax before the beginning of the course, so that Gesip's General Delegate can rule on this case as soon as possible. It is reminded that the strike of the Client company or the strikes/delays of transport are not constitutive of force majeure.
In the case of force majeure, the cancellation fee charged by Gesip will be 50% of the total cost of the course, including accommodation.
In the event of a trainee's failure to attend, the Client shall have the option of replacing him/her, under his/her responsibility, with a trainee of the same level who meets the necessary prerequisites for the same session in order to avoid any cancellation fees. This substitution must be notified to Gesip as soon as possible by telephone and confirmed by e-mail.
After the beginning of the training, the cancellation or the unjustified absence of a trainee will result in the invoicing of the entire training.
Retraction period :
If the Customer fulfills the conditions provided for in Article L121-16-1 of the Consumer Code, the legal withdrawal period of 14 days is applicable by right.
Article 1.4 - Distance learning (e-learning, blended learning or virtual class)
Gesip has integrated in some of its training courses, the E-learning, Blended learning and virtual class formats which consist in the use of training modules in a secured electronic space. Within this framework, Gesip agrees to open access keys to the e-Gesip platform for the benefit of the user(s) registered for the training session, giving them the right to access the training modules.
Gesip must receive, with the signed agreement, the e-mail address of the trainee(s) registered for the training in order to send them a login and a password to carry out their training, ten days before the beginning of the training course. The "login" and the password are assigned by name, so it is not possible to replace the trainee by another trainee.
In the case of a blended training, the completion of the E-learning modules before the classroom training is mandatory for all the client's participants.
Sanctions will be applied in the case of non-fulfilment of these modules:
- The participant will not be admitted to the classroom and will be declared withdrawn from the entire training program
- Gesip will invoice the entirety of the E-learning modules not completed by the participant(s)
- In the case where the customer had a coverage of its training by its OPCO, the failure to comply with this obligation leads to a modification of the training offer.
Finally, for these trainings, the customer commits to respect the pedagogical, logistical and technical conditions defined in the present GTC, namely
- Equip the trainee with an individual PC and an internet connection,
- A phone with a good speaker to ensure good listening quality,
- An isolated and quiet work environment allowing the trainee to concentrate optimally and to complete the modules in remote mode so that the trainee is not disturbed or interrupted during the training,
- A sufficiently large amount of time is given to the trainee to complete the remote modules and related exercises and practices, which are an integral part of the training,
- Total availability of the trainee during the training period so that he/she is not disturbed or interrupted.
Article 2 - Audits, studies and tests
Article 2.1 - Audits
Ordering an audit from Gesip
Any request for an Audit to Gesip by a client will be the subject of an estimate drawn up by the Technical Director, presenting the framework, the objectives, as established in consultation with the client, as well as the limits, the amount of the service and its date of realization.
The service can take place once the estimate is accepted and returned by the Customer.
Cancellation or postponement of an Audit
Any postponement by the Customer is considered as a cancellation and requires a new order. Any cancellation made by letter, fax or email, will only be valid if Gesip acknowledges receipt of the cancellation by email.
The client may cancel or postpone an audit without charge if this is done no later than 21 working days before the audit start date. After this period, whatever the reason, with the exception of a case of force majeure, Gesip reserves the right to invoice directly to the client a cancellation fee according to the following conditions:
- From 20 to 8 days of the training: 50% of the cost of the audit
- From 7 days to the start of the training: 100% of the cost of the audit
- Withdrawal period: If the Customer meets the conditions provided for in Article L121-16-1 of the Consumer Code, the legal withdrawal period of 14 days is applicable by right.
Article 2.2 - Studies and tests
Commissioning of a study or a trial
Any request for a study or test to Gesip by a client will be the subject of an estimate, drawn up by Gesip's Technical Director presenting the framework, the possible test protocol and the objectives, as established in consultation with the client, as well as the amount of the service and its date of realization.
The service can take place once the estimate is accepted and returned by the Customer.
Cancellation or postponement of a study or trial
It is reminded that the tests are carried out outdoors at Gesip's training centers and may be cancelled or postponed for reasons of force majeure, safety or weather conditions. In the event of cancellation or postponement by Gesip, no penalty shall be granted to the Client. Gesip undertakes to inform the Customer as soon as possible of the possibility of a postponement or cancellation of the tests and to agree on a more appropriate date. If the cancellation or postponement comes from the Client, the conditions applied are the same as for the cancellation of an audit.
Article 3 - Financial conditions, regulations and payment terms
Prices and regulations
All prices are quoted in Euros and exclusive of tax. They are increased by the VAT rate in force. Any service started is due in its entirety.
For intervention courses, Gesip reserves the right to increase the price of the fuels used. This increase will be materialized by a special billing line on the invoice of the training course sent by Gesip to the client. This variation is calculated
monthly by Gesip according to the cost of fuel. Consequently, this line will only be filled in when the invoice is sent after the service has been performed and will appear with a zero amount when the simplified agreement is sent, where the financial terms and conditions will be entered.
Invoices shall be issued at the end of each service and shall be payable in euros, within thirty (30) days of the invoice date, without discount, to Gesip.
The Customer undertakes to pay for the service under the conditions and within the deadlines set out in these GTC.
Any amount not paid on the due date shall give rise to the payment by the Customer of late payment penalties at the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points. These penalties are payable by operation of law, upon receipt of the notice informing the Customer that they have been charged.
In addition to the penalties for late payment, the Customer shall be liable for a fixed indemnity of 40 € for collection costs in accordance with articles L441-6 c. com. and D. 441-5 c. Gesip nevertheless reserves the right to claim additional compensation, upon justification, when the costs actually incurred are greater than this amount.
Payment by an OPCO (internships)
In case of payment by the OPCO on which the Customer depends, it is up to the Customer to make his request for coverage before the beginning of the training. The financing agreement must be communicated at the time of registration and on the copy of the estimate that the Customer returns to Gesip, duly completed, dated, stamped, signed and marked "Good for agreement". In the event of partial coverage by the OPCO, the difference shall be invoiced directly by Gesip to the Customer. If the Customer's agreement to cover the costs does not reach Gesip at the latest one month before the start of the training, Gesip shall invoice the Customer for the full cost of the training. The Customer shall modify his agreement to pay for the training and take steps with his OPCO for reimbursement. The other general rules of invoicing shall apply to the OPCO.
If an invoice issued to an OPCO is not paid within 3 months, Gesip will re-invoice the customer who will have to proceed to the immediate payment of the said invoice.
Before placing an order with Gesip, the customer must contact the organization to which he/she belongs to find out :
1/ the nature and precise terms and conditions of payment of the training by the latter (amount of
accommodation/meals packages, invoice including the cost of training and/or accommodation to be drawn up in the name of the
name of the OPCO organization, etc.).
2/ the nature and precise modalities of the administrative circuit of the documents and in particular of the elements necessary for the drafting and the sending of the invoices. This information must be communicated to Gesip at the time of registration.
Gesip shall invoice the Client directly for amounts exceeding the amount of the meal/accommodation packages paid for by the OPCO organization.
Special rules for foreign companies and organizations :
For any request from a foreign company, Gesip will request payment of the service by bank transfer one month before the start of the service. If the payment is not received within the allotted time, Gesip reserves the right to cancel the order issued by the foreign client. All administrative documents (invoices, certificates, diplomas...) will automatically be sent via a recognized international carrier.
Article 4 - Gesip's obligations, liability and insurance
Obligations of Gesip and force majeure
Within the framework of its training services, Gesip is bound by an obligation of means and not of results towards its Clients or its Trainees.
Gesip shall not be held liable to its Clients or Trainees in the event of non-performance of its obligations resulting from a fortuitous event or force majeure. The following are considered fortuitous or force majeure events, in addition to those usually recognized by jurisprudence, such as (non-exhaustive list given by way of illustration) the illness or accident of a speaker or pedagogical leader, strikes or labor disputes external to Gesip, natural disasters, fires, interruption of telecommunications, energy supply or transportation of any kind, or any other circumstance beyond the reasonable control of Gesip.
In the context of audits and tests, it is expressly recalled that Gesip is only bound by an obligation of means with respect to the achievement of the objectives set at the time of the evaluation of the Client's needs and the validation of the order. The Client undertakes to transmit to Gesip all the information necessary for the proper execution of the audits, studies and tests.
All the presentation sheets, content and teaching aids, whatever their form (paper, electronic, digital, oral) used by Gesip to provide training or given to Trainees, constitute original works and are therefore protected by intellectual property and copyright.
In the context of audits and tests, the methodology used by Gesip as well as the documents that support the procedure are protected by intellectual property rights.
In this regard, the Customer and the Trainee shall refrain from using, transmitting, reproducing, exploiting or transforming all or part of these documents without Gesip's express consent. This prohibition applies, in particular, to any use made by the Customer and the Trainee with a view to organizing or conducting training courses.
Confidentiality and communication
Gesip, the Client and the Trainee undertake to keep confidential the documents and information to which they may have access during the training, audit and test services or during exchanges that took place prior to registration, in particular all of the elements contained in the proposal transmitted by Gesip to the Client.
Gesip undertakes not to communicate to third parties, other than the partners with whom the training courses are organized, and to the OPCO, the information transmitted by the Client, including information concerning the Trainees.
Likewise, Gesip undertakes to treat as confidential any information brought to its attention as such by the Client in the context of the audit, study or test services.
However, the Client authorizes Gesip to mention its name, as a Client of its services, accompanied by an objective and succinct description of the nature of the services, in its lists of references and proposals, for the attention of its prospects and clients, during interviews with third parties, in its activity reports, as well as in the event of legal, regulatory or accounting provisions that require it.
Protection and access to personal information
Each Gesip trainee who provides information grants the Company full transferable rights to this information and authorizes the Company to use it. The information thus provided by the users will be considered as non-confidential. However, when the information provided is personal data within the meaning of the applicable law, it is treated in accordance with the charter on the protection of personal data and cookies applicable to the website.
The personal data of trainees is used strictly for the registration, execution and follow-up of their training by Gesip's services in charge of processing. These data are necessary for the execution of the training in application of article L 6353-9 of the labor code and associated services, including access to the e-Gesip platform. They are kept for 10 years after the trainee's first registration. Gesip will cancel all trainee data exceeding this date each year.
Videos of the courses, featuring trainees, may be used for educational or advertising purposes by Gesip, after prior agreement from the trainees.
In accordance with the regulations on the protection of personal data, the trainee has the right to access, rectify, limit the processing of his or her data, as well as the right to object and to have his or her data ported if applicable, which can be exercised by sending a written request to
- By mail: Gesip, Immeuble Linéa 1, rue du Général Leclerc - 92800 Puteaux
- By e-mail : firstname.lastname@example.org
The trainee also has the right to file a complaint with a supervisory authority if necessary. As the person in charge of processing the file of its personnel, the Client undertakes to inform each trainee that personal data concerning him/her is collected and processed by Gesip for the purpose of carrying out the training under the conditions defined above.
The fact that Gesip does not avail itself at a given time of any of the clauses of the present contract shall not constitute a waiver of the right to avail itself of these same clauses at a later date.
Gesip, as a supervisor of the training courses and operator of the tests, will be responsible for material or physical damage, direct or indirect, caused to third parties due to the behavior of the trainees, its consultants (audits or tests) or the things it has in its custody.
An exception to the preceding paragraph shall be made when the training courses take place on a site of which the Client is the custodian, as well as in the context of Audits performed by Gesip on a client's site. In this case, the Client shall be deemed to be the custodian of the site as well as of all products, materials and equipment used during the service.
Gesip's liability for the behavior of the trainees shall be excluded in full in the event of their failure to comply with the safety instructions given during the course or as presented in the internal regulations applicable to the trainees. Likewise, it is expressly agreed between the parties that Gesip's responsibility, due to the behavior of the trainees, may only be incurred due to events that occurred during the training hours. Outside of this period, Gesip declines all responsibility for the behavior of trainees.
The Client and Gesip shall each be responsible for the consequences of bodily injury that may be suffered during the performance of the Contract by the persons they directly or indirectly employ or who are under their direction or responsibility, including during travel to or from the Sites, without prejudice to the provisions of article R6342-3 of the French Labor Code. Consequently, each of the Parties waives any recourse against the other Party for any damage caused to these persons, and undertakes to obtain the same waiver from its insurer, subject formally to the rights of the persons concerned or their beneficiaries and those of the Social Security or any similar body.
Notwithstanding the foregoing, Gesip shall be liable for bodily injury caused to the Client's staff or trainees present on the premises of the facility when such injury results from Gesip's failure to fulfill its obligations as custodian of the facility, including its obligations with respect to hygiene, safety and maintenance.
With respect to existing property, buildings and installations made available to the Trainees by Gesip for the performance of the Contract and for which Gesip is responsible, Gesip shall bear the cost of any damage, direct or indirect loss or deterioration caused by it or by the Trainees and, more generally, any person for whom it is responsible.
Exceptions to the preceding paragraph shall be made and Gesip shall not be held liable for any direct or indirect material damage caused by a trainee due to non-compliance with safety instructions or the provisions of the internal regulations applicable to trainees, or for direct or indirect material damage caused by a trainee outside of training hours.
Each of the Parties shall indemnify the other Party for any immaterial damages suffered by the other Party as a result of the non-performance or improper performance of its obligations under the Contract. Immaterial damages shall be understood to include, in particular, operating losses as well as damage to intellectual property, know-how and confidentiality.
In all cases provided for above, Gesip shall not be held responsible for any direct or indirect damage or loss resulting from a hidden defect in the products entrusted and the goods and means made available.
Gesip has taken out civil liability insurance to cover its training activities. This insurance amounts to 6 million Euros per claim for bodily injury, excluding those resulting from food poisoning, and 400,000 Euros for damage resulting from food poisoning.
Gesip does not insure the risk of theft, so we recommend that students do not carry money or valuables.
This article applies only to training courses organized on one of Gesip's sites (Vernon and Roussillon school sites as well as the headquarters).
Upon the Customer's express request, Gesip undertakes to provide a copy of the certificate of insurance policies taken out in application of the present article.
Applicable law and jurisdiction
The general conditions detailed in this document are governed by French law. Any dispute arising between the Customer and Gesip in connection with the interpretation of these terms and conditions or the execution of the contract, which could not be settled amicably, shall be under the exclusive jurisdiction of the Commercial Court of Paris, regardless of the Customer's headquarters or residence.