Terms of sale
Article 1 — Scope
The present Terms of Sale (hereafter “TOS”) apply to any training service provided by the training company Delicious Insights (hereafter “Company”), both for multi-client sessions at their venue and for in-house sessions at a Client’s location.
These trainings can be marketed under the service brands JS Attitude and Git Attitude.
Article 2 — Registering for a training session
Attending a training session requires the prior signature of a session-specific training agreement between the Company and the Client, with one agreement per involved Client (corporations and other consolidated entities may establish just one agreement and ventilate costs internally).
These agreements are requested through the Company’s online forms to that effect. Mandatory details include the legal name, full postal address, EU VAT number (if applicable), and signer details (given and family name, job title). For multi-client sessions, they must also provide per-trainee details (given and family name, job title, professional e-mail).
The Company produces an agreement forthwith and e-mails it to the Client in PDF form. It contains all the information financing entities (such as OPCA, Pôle Emploi, etc.) might need, and doubles as a formal quotation. By specific request, a pro-forma quotation can be appended to it.
In order to secure the relevant seats at the requested session, the signer at the Client must:
- initial every page
- sign and stamp (unless the Client has no stamp) the final page
- scan the whole document and e-mail it back to the Company (snail mail is superfluous)
Article 3 — Pricing
3.1 Training cost
Website for the Company display reference pricing for multi-client sessions. Unless the Client is in a specific Accounts Receivable situation with the Company, this reference pricing applies.
Prices can be revised at any time, but the prices in a signed agreement are guaranteed against later change.
Multi-client sessions enjoy a volume discount system depending on how many trainees a single Client sends to a given session (not how many trainees the session gets in total).
In-house training sessions that use the exact curriculum of their multi-client counterpart carry a flat-rate training cost no higher than the cost of 7 (seven) independent registrations with their multi-client pricing.
Any Client that has paid €1,500+ net over the elapsed year at the time of signature can enjoy our loyalty discount—if available—for a multi-client registration.
For in-house sessions outside Paris and its two immediate city rings, the agreement carries an expense item.
By default, the Company tabulates a refined estimate of actual expenses carried by the session before it produces the agreement, and embeds a “flat-rate expense fee” in the agreement, as part of a unique, opaque cost that adds up that fee to the training cost. This approach spares everyone the tedium of producing and processing detailed, multiple-item expenses reports and associated proofs.
However, should the Client explicitly mandate so, a traditional report-and-proofs system can be used; in that case, the Client must specify ahead of agreement production the maximum funds and requirements, if any, that they impose on such refunding, and the Company reserves the right to accept or decline these constraints and the Client’s potential choices of lodging, transportation and restaurants.
Article 4 — Conditions of execution for training sessions
4.1. Maximum per-session number of trainees
Any training session is capped off at 10 (ten) trainees. The Company can however make exceptions to this rule in the following situations:
- Two agreements were produced concurrently for a total number of available seats that exceeds the sum of these agreements’ requested seats, and they come back signed on the same day, resulting in a total number of booked seats that does not exceed 12 (twelve) trainees: they are then both honored.
- For an in-house training, the Client explicitly requests a higher capping, that however does not exceed 12 (twelve) trainees (training costs are then adjusted prorata volumis).
- The Company welcomes a single extra trainee of their choosing besides regular trainees (for in-house sessions, this is obviously subject to prior Client approval).
4.2. In-house session requirements
Any Client requesting an in-house training at their own venue must be able to provide settings conducive to the proper holding of said training session, with the minimum following requirements:
- A dedicated room or open-space, with no interference by other personnel;
- Tables and chairs for all attendees, including the trainer;
- A video-projector with a minimal effective resolution of 1024 × 768, equipped with VGA, DVI or HDMI connectivity; failing that, a full-HD flat-panel television with a minimum diagonal of 40 inches;
- Power sockets in sufficient number;
- Internet access, be it wire-based (Ethernet) or Wi-Fi, for all trainees and the trainer’s computer (and, if applicable, the trainer’s “guest”).
Article 5 — Invoicing and payment
Unless otherwise mandated by the Company due to a specific context, no downpayment is necessary: the signed agreement suffices. Payment terms depend on who does the financing.
5.1. Direct client invoicing
Unless the Client is a French entity benefiting from an OPCA subrogation that covers the full cost of their agreement, the Client receives a direct invoice when the session is done. This invoice is usually sent by e-mail, with a color scan of the co-signed attendance sheet (one signature per half-day), that doubles as attendance certificate and proof of work.
If the Client has specific invoicing requirements, these must be provided ahead of agreement production; in particular, the Client bears sole responsibility for registering the Company in their supplier database and producing their Work Order or Purchase Order before the session starts, however short the delays might be.
Direct invoices to Clients are to be paid no later than 30 (thirty) calendar days after the invoice is produced, by wire payment. Clients are in particular advised that neither their Work Orders, Purchase Orders, or General Purchase Terms may impose a longer payment delay, or resort to another means of payment. Any exception to the Company’s invoice payment terms must be agreed to in writing by the Company (an e-mail suffices).
We furthermore remind clients that French Law now forbids payment terms of the “45 days, end-of-month” type, regardless of their computation method. Such terms mandate the prior existence of a specific agreement signed by both parties.
Once the payment is confirmed by the Company, they can provide the Client, upon request, with a paid invoice as proof of payment.
5.2. OPCA financing (France only)
In France, many companies resort to specific entities for handling their training budgets and financing their training requests, referred to as OPCAs. Timely financing by an OPCA is the sole responsibility of the Client. Training agreements issued by the Company contain any and all information OPCAs might need to constitute their financing files.
If the Client requests OPCA financing by refund, the procedure is identical to direct invoicing. The Company will automatically issue a paid invoice when receiving the payment, in order for the Client to finalize their refund procedure with the OPCA.
When resorting to OPCA subrogation, for part or all of the training costs, the Client must inform the Company when requesting the agreement; this type of financing may entail a processing fee by the Company (usually €100 net), as many OPCAs are quite complex—and often quite late—in their payments and payment trackings.
The Client commits to making all necessary efforts with due diligence for the subrogation financing to produce the confirmation documents to the Company no later than the last day of the training session; failing that, the Company reserves the right to issue a direct invoice to the Client, who can then convert their OPCA financing on the refund mode. Any exceptions to this, and direct invoicing of the OPCA despite late reception of the financing documents, is at the sole discretion of the Company.
When resorting to subrogation financing, the Client commits to honor exactly the list of trainees provided to the OPCA when requesting financing, and to provide the exact same given and family names for the trainees to both the OPCA and the Company, so the attendance sheet matches the OPCA’s expectations, thereby avoiding any risk of last-minute payment denial by the OPCA.
If the subrogation is denied by the OPCA, in part or in total, the Client is automatically liable for directly paying the denied amount to the Company.
5.3. Late payment penalties and recovery fees
When the Client has direct payments past due (as per due dates in the invoices issued by the Company), the Company reserves the right to issue auxiliary invoices bearing the flat-rate recovery fee defined by the Law (€40 excl. VAT), and start accruing late payment penalties at a 10.75% yearly rate, both actions being explicitly stated in the original invoice. Penalties cease accruing when the original amount is paid, and a closing invoice for the final penalty amount is then issued.
Clients are advised that French Law stipulates administrative fines relative to the flouting of payment terms and excessive payment delays, for amounts of €75,000 for individuals and €375,000 for companies. These fines may be doubled for second offenses happening within 2 years of the first fining decision.
Should there be repeated payment incidents with a given Client, the Company reserves the right to either apply an automatic price raise for any training requested by said Client, or outright blacklist the Client and deny them any further service for a period of time left at the Company’s discretion.
Article 6 — Agreement non-performance
Should an agreement be entirely non-performed at the initiative of the Company (be it due to their own volition or external circumstances), the Company commits to refunding to the Client any received sums that, due to the non-performance, were not approriately spent or committed, in line with the cancellation and refund guidelines defined in this document. In practice, this only pertains to downpayments that may occur for a large-scale in-house session, any other kind of invoicing being only issued when the session is done.
Should an agreement be partially non-performed at the initiative of the Company, an invoice is issued on a prorata temporis basis, and the Company will suggest a number of complementary date choices to the Client in order to finalize the session later, the complementary session carrying its own prorata temporis invoicing when done.
Should an agreement be partially non-performed at the initiative of the Client (sickness, other types of absence, etc.), the signed agreement is still due in full and carries its full agreed-upon price; the Company can however decide, at their sole discretion, to suggest to the relevant trainees a catch-up session at discount rate, only for cases of absence justified by certifiable sickness or force majeure.
Article 7 — Client-initiated cancellation
Any cancellation of a session as the Company’s initiative automatically entails the full refund of any sum already received from Clients. In particular, the Company does not guarantee multi-client sessions that do not meet a minimum quorum of 4 (four) trainees at least 7 (seven) calendar days ahead of session.
Any cancellation of an agreement by the Client, including the context of their right to retractation (by registered letter with receipt acknowledgement as defined in article L6353-6 of French Labor Law) carries cancellation fees as per the table below. Depending on the prior receipt of a downpayment, a partial refund may occur, or conversely entail extra invoicing:
|Time before session (calendar days)||Cancellation fee (% agreement price)|
|31+ days||0 % (no fee)|
|20–30 days||30 %|
|10–19 days||50 %|
|7–9 days||75 %|
|Less than 7 days||100 %|
French Clients should note that sums lost due to cancellation fees cannot be accounted in Professional Tax development participation, nor be covered by OPCA financing.
The Company can also not be held liable for any expense incurred by the Client or their trainees in connection to the training: transport, lodging, food, etc.
That being said, the Company may help mitigate the loss, if any:
- by switching the original trainee with another of the Client’s choosing, at no extra cost;
- by rescheduling the attendance to a later session is that request is made at least 10 days ahead of the initially-agreed session date, at no extra cost still (this only applies to multi-client sessions).
Article 8 — Changes to the agreement
Each party makes known to the other any and all changes they wish to bring to the agreement that binds them. Any agreed-upon changes are enacted by co-signed, written addendums.
Article 9 — Conduct policy
9.1. For multi-client sessions
Check out our conduct policy online.
9.2. For in-house sessions
Any such session abides by the in-house rules and policies in effect at the Client’s venue; the “Discipline” part of our own conduct policy (see above) additionally applies.
Article 10 — Disputes
For any contest or dispute that cannot be settled amicably, the Tribunal de Paris (Paris Business Court) has exclusive jurisdiction.
Article 11 — Date of effect and duration
These terms take effect on August 1st, 2015, and are version 3 of the Company’s Terms of Sale. They remain in effect until the next version is issued.