General Terms and Conditions of Services

Article 1 – Scope

These General Terms and Conditions of Services apply, without restriction or reservation, to any purchase by clients (the “Client”) of services (the “Services”) offered by Facilicoach, simplified joint stock company, whose registered office is located at 83 boulevard Charles de Gaulles – 92700 COLOMBES, registered under number 910.050.160 (the “Service Provider”).

The Service Provider offers individual or group coaching sessions and workshop on different themes, in particular on the Agil approach.

The Client is required to read these General Terms and Conditions of Services (the “GTCS”) before formally contracting with the Service Provider.

These GTCS may be subject to subsequent modifications, the version applicable to the Services provided to the Client will be that in force on the day of the Client Order.

The General Terms and Conditions may be supplemented or amended by special conditions (hereinafter the “Special Conditions”).

The complete agreement between the Parties consists, in descending order of priority:

  • any Special Conditions and their amendments supplementing the present,
  • these General Terms and Conditions of Services,
  • the Order relating to the Services.

The Client and the Service Provider are hereinafter referred, together as the « Parties ».

Article 2 – Orders

2.1 For any order (the “Order”), the Service Provider draws up a quote (the “Quote”) which specifies the Services that will be performed and their prices. The Quote is returned by the Client to the Service Provider duly signed, by email or by post, by an authorized representative of the Client, dated and accompanied by the mention “signed and agreed”, as well as the company’s stamp.

The signature of the Quote by the Client implies prior knowledge and acceptance without restriction or reservation of these General Terms of Services.

2.2. The Quote issued by the Service Provider is valid for two months from its issue date.

Once the Quote has been signed by the Client, the Order cannot be modified except with the express agreement of the Service Provider.

Any modification of the Quote will be confirmed by the Client’s signature of a specific additional Quote with a possible adjustment of the price.

The deadline for the performance of the Services, initially announced by the Service Provider, may be extended, if it’s deemed necessary on the basis of the modifications.

2 .3. Orders could be subject to the payment of a deposit fixed on the Quote.

2.4. In the event of cancellation of the Order by the Client after its acceptance by the Service Provider, for any reason whatsoever except force majeure, the deposit paid by the Client, is rights acquired by the Service Provider and cannot give rise to any reimbursement.

2.5. The Service Provider can cancel or refuse any Order from a Client with whom there is a dispute relating to the payment of a previous Order.

Article 3 – Financial conditions

3.1 The Client pays, for each Order, the price (the “Price) defined in the Quote.

The payment schedule will be specified in the Quote.

3.2 The invoices shall be payable within thirty (30) calendar days from the date of the invoice, by bank transfer to the bank account, the details of which appear on the Service Provider’s invoice.

3.3 Any delay in the payment of one or more invoices by the Client shall result, in late payment interest equal to three (3) times the current legal interest rate. Late penalties are payable without the need for a reminder. Any delay in payment will result in addition to the interest and in a compensation for recovery costs of 40 euros.

Interest will be payable from the due date indicated on the invoice until the actual and full payment of the principal amount by the Client to the Service Provider.

Article 4 Fees

4.1 Any travel, accommodation and catering costs incurred by the Service Provider in connection with the performance of the Services will be charged to the Client on presentation of the supporting documents.

The invoice shall be payable upon receipt.

4.2 It being specified that if the Service Provider’s travel time exceeds five (5) hours (including stopovers), then he may travel in business class or equivalent. In addition, the Service Provider will give preference to Air France and its partners unless the fares are more than 25% higher than other companies.

Article 5 - Obligation of the Service Provider

The Service Provider agrees to provide its Services in accordance with applicable laws and regulations.

During the performance of the Services, the Service Provider agrees :

  • to refrain from any act likely to harm the commercial interests, reputation or property of the Client ;
  • to respect the ethical principles applicable to its activity ;
  • to respect the highest standards of quality attached to its profession.

Article 6 – Obligations of the Client

The Client agrees to provide the Service Provider with all information, documents, and assistance reasonably necessary to enable it to perform the Services.

The Client agrees to participate in follow-up meetings to monitor the progress of the Services, organized by the Service Provider if necessary.

The Client agrees to make the necessary decisions for the progress of the Services and to obtain the necessary hierarchical approvals for this purpose.

Article 7 - Cancellation Policy.

7.1 Client agrees that it is his responsibility to notify the Service Provider, at least 24 hours in advance of the coaching session, if he cannot be present, for any reason, and reschedule it.

If the Client has not notified the Service Provider and rescheduled the session within the deadlines mentioned above, this session will be considered provided and billed, unless the Service Provider decides otherwise.

7.2 Client agrees that it is the Client’s responsibility to notify the Service Provider, at least 8 calendar days in advance of the workshop session, if he wants to cancel it.

If the Client he has not notified the Service Provider and rescheduled it within the deadlines mentioned above. This session or workshop will be considered provided and billed, unless the Service Provider decides otherwise.

Article 8 - Confidentiality.

The Parties agree to consider as strictly confidential (i) all information about the Client, and (ii) all the information transmitted to the Service Provider in any form (written, verbal, graphic, electronic or otherwise) as strictly confidential.

The Parties agree that confidential information shall be protected and kept strictly confidential and shall not be disclosed directly or indirectly to any third party. By way of exception, the provisions in the preceding paragraphs shall not prevent:

  • The disclosure of certain information required by law or by any competent authority ;
  • That each Party may provide its counsel with information that it deems appropriate;
  • That certain disclosures may be made by one Party in proceedings against the other.

Article 9 – Limited Liability

The Service Provider is bound by an obligation of means, he makes no guarantees.

The Service Provider’s entire liability under the Order, and the Client’s exclusive remedy, will be limited to the amount paid by the Client to the Service Provider under this General Terms and Conditions of Services for all services rendered up until the termination date.

The Service Provider shall not be liable for indirect damages of any kind, loss of profit or loss of opportunity or business, nor for the financial consequences of any actions taken by third parties against the Client.

Article 10 – Personal Data

The information collected on the Client is subject to computer processing carried out by the Service Provider and is essential for the processing of his order and the establishment of invoices.

This information and personal data is also kept for security purposes, in order to comply with legal and regulatory obligations. It will be kept for as long as necessary for the performance of the Services and any guarantees applicable at the end of the Services.

The contact details of the data controller are:

Postal address : 83 boulevard Charles de Gaulles – 92700 COLOMBES E-mail address : contact@facilicoach.fr

Access to personal data will be strictly limited to employees of the data controller, authorized to process them by reason of their duties. The information collected may possibly be communicated to third parties linked to the Service Provider by contract for the performance of subcontracted tasks, without the Client’s authorization being necessary.

The Coach may follow training in order to obtain and/or maintain accreditations from the International Coach Federation (FIC). This process requires transmitting the names and contact details of clients for possible by the ICF. By agreeing to the GTCS, the Client agrees that his name, contact details and coaching start and end dates will be shared with FIC staff members and/or other parties involved in this process.

In accordance with Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms, as amended by Law No. 2004-801 of August 6, 2004, and by European Regulation No. 2016/ .679, the Client has a right of access, rectification, erasure, and portability of the data relating to him, as well as the right to oppose the processing for legitimate reasons, rights which he can exercise in contacting the data controller at the postal or email address mentioned above, attaching valid proof of identity.

In the event of a complaint, the Client may contact the National Commission for Computing and Liberties (CNIL).

Article 11 – Intellectual Property

The Service Provider retains ownership of all intellectual property rights that it has been used or developed (even at the Client’s request) for the provision of the Services to the Client.

The Client therefore prohibits any reproduction or exploitation of these intellectual property rights without the express written authorization of the Service Provider who may condition it to the grant of a financial compensation.

Article 12- Unforeseen

In case of change of circumstances which was unforeseeable at the conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party that has not accepted to assume an excessively costly execution risk may request a renegotiation of the contract to the other Party.

Article 13 - Force majeure

13.1 The liability of a Party may not be sought if the performance of the Services is delayed or prevented by reason of force majeure or a fortuitous event, by reason of the other Party or a third party, or external causes such as social conflicts, pandemics (such as the COVID-19 pandemic), intervention by civil or military authorities, natural disasters, fires, water damage, malfunction or interruption of the telecommunications network or the electrical network, failures or delays by one or more service provider.

13.2 The Party invoking force majeure shall notify it by registered letter with request for acknowledgement of receipt. In the event of an extension of the force majeure event beyond un (1) month, the contractual relationships may be terminated by a Party under the law by registered letter with request for acknowledgement of receipt.

Article 14 - Termination

14.1 The Order shall be terminated under the law if Party fails to fulfil any of its contractual obligations and does not compensate for such failure within 30 (thirty) days of receipt of the letter of formal notice sent by the other Party by registered letter with request for acknowledgement of receipt.

In such event, termination shall take place without prejudice to any other rights or actions of which the victim of the failure may make use against the offending Party.

14.2 In the event of legal remedy, judicial liquidation, settlement or termination of payments by any Party, the Order shall be terminated automatically under the law in respect of the Party concerned, without compensation or notice, at the option of the other Party, without the need for any formalities.

Article 15 - Applicable Law - Contractual Language

These General Sale Terms and Conditions of Servcies and the resulting transactions between the Service Provider and the Client are governed by and subject to French law.

These General Terms and Conditions of Services are written in French and English. In the event of a dispute, only the French text will prevail.

Article 16 – Disputes

All the disputes arising out of these General Sale Terms and Conditions and concerning their validity, their interpretation, their execution, their resolution, and their consequences, which could not have been resolved amicably between the Service Provider and the Client, will be subject to the jurisdiction of the Commercial Court of Paris if the Client is a legal person.

The Client is informed that he can in any case resort to a conventional mediation, in particular with the Commission of the Mediation of the Consumption (C. consom., Art.L 612-1) or with the existing mediation institutions, or any alternative dispute resolution process (conciliation, for example) in case of dispute.

Article 17 - Pre-contractual information – Customer Acceptance

The non-professional Client recognizes having acquainted, prior to the immediate Order, in a clear and understandable manner, with these GTCUS and all the information listed in the Article L.221-5 of the Consumer Code and in particular the following information:

  • the essential characteristics of the Services,
  • the price of Services and additional costs,
  • in the absence of immediate execution of the contract, the date or the deadline at which the Service Provider undertakes to provide the Services ordered,
  • the information relating to the identity of the Service Provider, to his postal, telephone and electronic contact details, and to his activities, if they do not appear from the context,
  • information on legal and contractual warranties and how they are implemented,
  • the functionalities of the digital content and, where appropriate, its interoperability,
  • the possibility of resorting to a conventional mediation in case of dispute,
  • information relating to the right of withdrawal, the methods of termination and other important contractual conditions,
  • the means of payment accepted.

The fact for the non-professional Client to order a Service entails full and complete acceptance of these GTCS and obligation to pay for the Services ordered, which is expressly recognized by the non-professional Client, who waives, in particular, to avail himself of any contradictory document, which would be unenforceable against the Service Provider.

Article 18 – Withdrawal period

If the non-professional Client accepts that the performance of the Services begins before the end of the withdrawal (14 days) period, he expressly waives his right of withdrawal pursuant to the provisions of Article L 222-9° of the Consumer Code.