Terms and Conditions of Sale for aivancity Executive Education

aivancity reserves the right to modify or update its general terms and conditions of sale at any time. The general terms and conditions applicable on the day of the order can be viewed on the website www.aivancity.ai.

Article 1: Definitions

aivancity: aivancity SAS, a mission-driven company, operating under the name aivancity School for Technology, Business & Society Paris-Cachan in the field of continuing education.

Client: co-contractor of aivancity Contract: professional training agreement concluded between aivancity and the Client. This agreement may take the form of a formal contract, a purchase order issued by the Client and validated by aivancity, or an invoice issued for the provision of professional training services.

Inter-company training: catalog training conducted at aivancity's premises or at premises made available by any third party and/or remotely. Intra-company training: customized training conducted on behalf of the Client, at the Client's premises, at aivancity's premises, at any third party's premises and/or remotely.

Article 2: Introduction

aivancity Executive Education is a professional training organization headquartered at aivancity School for Technology, Business & Society, 121 Rue d’Aguesseau 92100 Boulogne Billancourt - Siret number 88343992900018 – Intra-community VAT number FR51883439929 - Represented by its President, Tawhid CHTIOUI. It develops, offers, and organizes inter- and intra-company training courses, either in person, remotely, or in a blended format (combining both in-person and remote learning). These courses lead to diplomas, certificates, or qualifications.

Article 3: Purpose

These general terms and conditions of sale apply to all orders for training courses organized by aivancity. Placing an order, in particular by sending a registration form, an email or letter requesting registration, a purchase order or an agreement, implies the Customer's full and unreserved acceptance of these general terms and conditions of sale, which prevail over any other document of the Customer, and in particular over any general terms and conditions of purchase. No derogation from these General Terms and Conditions shall be enforceable against aivancity unless it has been expressly accepted in writing by aivancity. In order to constantly improve its programs, aivancity reserves the right, at any time, to change speakers, courses, schedules, or to make any changes to the program.

Article 4: Application of the general terms and conditions of sale for training services - Duration

These General Terms and Conditions of Sale apply to all training orders placed by a Customer with aivancity, whether for "inter-company" or "intra-company" training. Similarly, the mere fact of attending a training session, either in person or through one of its employees, implies the Customer's full and unreserved acceptance of these General Terms and Conditions of Sale for the duration of the contractual relationship relating to the training courses. Thus, placing an order or attending a training session constitutes the Customer's express and unreserved acceptance of these General Terms and Conditions of Sale, which shall prevail over all other terms and conditions. These terms and conditions may only be modified by a written document signed by the Customer and an aivancity manager duly authorized for this purpose.

Article 5: Contractual Documents

The Contract shall specify the title of the training course, its nature, duration, number of participants, how it will be conducted and the qualification awarded, as well as its price and any financial contributions from public bodies. All Contracts shall be drawn up in accordance with the legal and regulatory provisions in force and, more specifically, in accordance with Articles L6353-1 and L6353-2 of the Labor Code.

Article 6: Registration

Candidates may submit their application or registration request via the aivancity admissions platform, by email to the address indicated on the website, or by contacting the person in charge of aivancity's Executive Education program directly. If the application or registration request is accepted, a confirmation of registration (contract or agreement) will be sent to the Client by mail or email. Registration for a training course guaranteeing a place in the class is confirmed upon receipt of the duly completed and signed order form (or registration form for short courses). The terms and conditions for payment of training fees are set out in the contract or agreement. Aivancity must be notified of the specific terms and conditions for covering training fees at the time of registration (in particular regarding the terms and conditions for justifying the action) and in any event before the start of the training course. The same applies to the payment terms applied by the Client.

Article 7: Reciprocal obligations

aivancity undertakes to provide training with reasonable diligence and care. As this is an intellectual service, aivancity is only bound by an obligation of means. Consequently, aivancity shall only be liable for direct damages resulting from the poor performance of its training services, to the exclusion of any consequential or indirect immaterial damages. In any event, aivancity's overall liability in connection with or arising from the training shall be limited to the total price of the training. The Client undertakes to pay the price of the training and not to use any audio or video recording equipment during the training sessions without the prior written consent of aivancity.

Article 8: Withdrawal - Cancellation or postponement by the Customer

Any training course or cycle that has begun must be paid for in full, unless expressly agreed otherwise by aivancity. Any cancellation of a training course at the Client's initiative must be communicated in writing at least fifteen (15) calendar days before the start of the training course. In this case, no payment will be required from the Client. However, if the Client has benefited from training days, the amount for these days, calculated on a pro rata basis for the entire training course, will be payable by the Client. Otherwise, 100% of the training course fee will remain immediately payable as a lump sum compensation.

Article 9: Cancellation or postponement due to aivancity

In the event that the number of participants in a training course is deemed insufficient for educational reasons, aivancity reserves the right to postpone or cancel planned training courses without compensation. In this case, the Customer will be notified of this cancellation or postponement as soon as possible. No compensation shall be paid to the Client and, in any event, travel and accommodation expenses incurred prior to receiving the invitation shall not be reimbursed. In exceptional circumstances and in cases of force majeure, aivancity reserves the right to replace the speakers initially scheduled to deliver the training with others, guaranteeing training of the same quality. In the event of partial completion of the training due to aivancity, invoicing will be on a pro rata basis for the hours completed. In the event of a change to the program or schedule of the training course(s), or in the event of cancellation of the training courses, aivancity undertakes to notify the Customers who have ordered these training courses, or directly the participants in these training courses designated by the Customer and previously registered, at least 7 days before the start of the training course(s) concerned.

Article 10: "Satisfaction or money back" guarantee

aivancity may offer a "satisfaction or your money back" guarantee on its training courses. To be valid, the guarantee must be specified at the time of ordering. The "satisfaction or your money back" guarantee aims to ensure the effectiveness of the training ordered by the customer. In other words, it protects the customer against the possibility that the training course may not produce the expected benefits. If the customer attends beyond the first half-day for short 3-day training courses or beyond the first day for training courses lasting more than 3 days, they waive the refund clause. If the client has started the training, within the limits specified above, and it does not suit them, they may request a full refund. To do so, they must simply send an email to the person responsible for the offer or program, specifying the reasons for their dissatisfaction, and they will be refunded within a maximum of 30 days.

Article 11: Price

All our prices are quoted in euros and exclude taxes. They are subject to VAT at the applicable rate. Any taxes, customs or import duties, as well as any bank charges incurred by the payment method chosen by the Customer, shall be borne by the Customer. The price invoiced by aivancity includes the provision of training services in accordance with aivancity's quality requirements (infrastructure, course materials, teaching resources). Meal costs, as well as travel and accommodation costs for training participants, are not included in the price of the training service, unless otherwise stated. In the case of financing by an individual, a deposit of 30% of the order amount is required at the time of registration (50% for short training courses). For study trips, travel and meal expenses (except in special cases) are not included in the cost of the training. Invoices are payable within thirty (30) calendar days of the invoice date, without discount, and made payable to aivancity.

In the event of late payment, aivancity may refuse access to the training course and any e-learning modules, without prejudice to any other course of action. The program certificate or diploma will only be issued after full payment for the training course has been received. In the event of a change in the terms of financing for the training, the training contract will be amended. Any amount not paid by the due date will result in the Customer paying late payment penalties equal to the interest rate applied by the European Central Bank to its most recent refinancing operation (minimum 0%) plus 10 percentage points. These penalties are payable by operation of law, without prior notice, from the first day of late payment in relation to the payment due date. In addition, in accordance with the laws and regulations in force, any amount not paid by the due date will result in the Customer paying a fixed compensation fee for recovery costs in the amount of forty euros (€40). This compensation is payable by operation of law, without prior notice, from the first day of late payment and for each invoice unpaid by its due date.

Article 12: Funding body

When training is funded by a third party (OPCA, etc.), it is the responsibility of the participant's company to:

  • to verify the eligibility of the training directly with the organization.
  • to apply for coverage before the training.
  • to explicitly indicate on the registration form which institution should be billed, specifying its full name and mailing address.

If the third-party organization's payment authorization file does not reach aivancity before the first day of the training course, the training costs will be invoiced in full to the participant's company. In the event of partial payment by a third-party organization, the portion not covered will be invoiced directly to the participant's company. Furthermore, if the organization refuses to pay the costs for which it would have been responsible (absences, dropouts, etc.), the cost of the entire course remains payable by the participant's company.

Article 13: Force majeure

aivancity shall not be held liable to the Customer in the event of failure to perform its obligations resulting from a force majeure event. In addition to those usually recognized by the jurisprudence of French courts and tribunals, and without this list being exhaustive, the following are considered cases of force majeure or fortuitous events: illness or accident of a consultant or training facilitator, strikes or social conflicts internal or external to aivancity, natural disasters, pandemics, fires, failure to obtain visas, work permits or other permits, laws or regulations subsequently put in place, interruption of telecommunications, interruption of energy supply, interruption of communications or transport of any kind, or any other circumstance beyond the reasonable control of aivancity.

Article 14: Intellectual Property – Copyright

aivancity is the sole owner of the intellectual property rights for all training courses it offers to its Clients. To this end, all content and teaching materials, regardless of their form (paper, electronic, digital, oral, etc.), used by aivancity to provide training courses remain the exclusive property of aivancity. As such, they may not be used, transformed, reproduced, or exploited in any way that is not expressly authorized within or outside the Customer's organization without the express written consent of the Dean of aivancity. In particular, the Client shall refrain from using the content of the training courses to train other persons and shall be liable under Articles L. 122-4 and L. 335-2 et seq. of the Intellectual Property Code in the event of unauthorized transfer or communication of the content.

Any reproduction, representation, modification, publication, transmission, or distortion, in whole or in part, of the training content, including e-learning modules, as well as any databases appearing on the aivancity platform, is strictly prohibited, regardless of the process or medium used. In any event, aivancity remains the owner of its tools, methods, and know-how developed previously or during the performance of services for the Client.

The disclosure of Information by aivancity shall in no way be interpreted as expressly or implicitly conferring any right (under the terms of a license or by any other means) to the Information or other rights attached to intellectual and industrial property, literary and artistic property (copyright), trademarks, or trade secrets. Payment of the price does not transfer any intellectual property rights over the Information. By way of exception, aivancity grants the learner, subject to the rights of third parties, a non-exclusive, non-transferable and strictly personal license to use the training material provided, regardless of the medium. The learner has the right to make a photocopy of this material for personal use for study purposes, provided that aivancity's copyright notice or any other intellectual property notice is reproduced on each copy of the training material. The Client shall ensure that the participants it designates to attend the training sessions comply with these prohibitions and declares that it shall be jointly and severally liable for these participants in this regard.

Article 15: Processing of personal data

The Customer is informed that personal data concerning him/her, which is communicated to aivancity in connection with and in the execution of orders, is subject to automated processing in accordance with European Regulation (EU) 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data, and the amended French Data Protection Act No. 78-17 of January 6, 1978. The data controller is the Chief Executive Officer of aivancity. For any questions regarding this processing, please contact: files and freedoms" No. 78-17 of January 6, 1978, as amended. The data controller is the Managing Director of aivancity. For any questions regarding this processing, you may contact us by email at contact@aivancity.ai or by post at the school's known address. As part of this processing, the data may be communicated to aivancity's contractual partners for the purposes of the said orders. Personal data relating to the training contract is only stored within the European Union or transferred outside the European Union in accordance with the guarantees provided for in the aforementioned texts. The data is kept for the duration of the contract and beyond in order to comply with legal obligations. The Customer has the right to request access to personal data concerning them, to have it corrected or deleted, and to object to its processing. The Customer may exercise these rights by contacting aivancity by email at contact@aivancity.ai or by post. If the Customer considers that their rights regarding their data have not been respected, they also have the right to lodge a complaint with the French Data Protection Authority (CNIL).

In accordance with the essential requirement of personal data security, aivancity undertakes, in the context of delivering its training courses, to take all necessary technical and organizational measures to preserve the security and confidentiality of personal data and, in particular, to prevent it from being distorted, damaged, lost, misappropriated, corrupted, disclosed, transmitted, and/or communicated to unauthorized persons. In the event of subcontracting, aivancity guarantees that the subcontractor will comply with the same requirements as aivancity. misused, corrupted, disclosed, transmitted, and/or communicated to unauthorized persons. In the event of subcontracting, aivancity guarantees that its subcontractors will comply with all of its commitments regarding the security and protection of personal data.

Article 16: Internal rules for the conduct of training courses

When participating in training sessions, participants agree to comply with the provisions of aivancity's internal regulations, which they declare to have read and accepted. The Client guarantees that the participants it designates to attend the training sessions will comply with these provisions and declares that it is jointly and severally liable for these participants.

Article 17: Nullity of a clause – amendment

If any provision of these Terms and Conditions of Sale is invalidated, this invalidity shall not affect the validity of the other provisions of these Terms and Conditions of Sale, which shall remain in force between aivancity and the Customer. These terms and conditions express the entirety of the obligations of the Customer and those of aivancity. aivancity reserves the right to unilaterally modify the terms hereof, the applicable terms and conditions being those in force on the date the Customer places the order. In the event that any provision of these terms and conditions is deemed invalid by virtue of a present or future legal or regulatory provision, or a court decision with the authority of res judicata issued by a competent court or body, that provision of the contract shall be deemed unwritten, with all other provisions of these terms and conditions remaining binding between the Parties. The fact that either Party does not invoke any of the provisions of these general terms and conditions at a given time shall never be considered a waiver of its rights hereunder.

Article 18: E-Learning

aivancity grants the Client a non-exclusive, non-assignable, and non-transferable license to use its distance learning content, hereinafter referred to as the "Module." All Modules will be made available to the Client in one or more e-learning portals after the Contract has been formed. Access to the Modules is managed by aivancity's e-learning platforms. A username and password are provided to the Client for each learner based on the information provided by the Client (last name, first name, email address). The username and password are confidential, personal, non-transferable, and non-assignable. The Client is responsible for managing and storing usernames and passwords. Consequently, it is the Client's responsibility to take all necessary precautions to protect and store them. The Customer is responsible for the consequences of their use. aivancity cannot under any circumstances be held liable for any fraudulent use of the Customer's username and password. The Customer undertakes to inform aivancity of any fraudulent use of the username and password as soon as they become aware of it. The Customer will have a period of time communicated by aivancity to use the licenses for the Modules. After this period, the license(s) granted will immediately cease. The hosting of the Modules on the Customer's platforms and/or the creation of customized digital content is subject to specific provisions to be negotiated between the parties.

Article 19: Communication

The Customer expressly authorizes aivancity to mention its name and logo and to refer to the conclusion of a Contract and any transaction arising from its application in all of its commercial documents.

Article 20: Applicable law 

The Contract and all relations between aivancity and its Customer are governed by French law.

Article 21: Potential disputes 

Any disputes that cannot be settled amicably within sixty (60) days from the date of the first presentation of the registered letter with acknowledgment of receipt, which the party raising the dispute must have sent to the other party, shall fall within the exclusive jurisdiction of the courts to which the registered office of aivancity belongs, regardless of the Customer's registered office, notwithstanding multiple defendants or the introduction of third parties. The reference language for the settlement of any disputes shall be French.