Terms and conditions

—Preamble

These terms and conditions of sale (the « Terms ») are offered by:

Provider

Letmotiv, single-shareholder limited company (SARL / EURL) with share capital of €1,000

Registered office

10 rue de la Paix, 75002 Paris

Registration

Paris Trade and Companies Register 103 486 395 — SIRET 103 486 395 00017

Training organization

Activity declaration no. 11 75 76766 75 (prefect of the Île-de-France region) — Qualiopi-certified, « Training actions » category

Contact

contact@letmotiv.fr — +33 1 88 83 35 10

This registration does not amount to State approval (Art. L.6352-12 of the French Labour Code).

01Purpose and scope

The Terms govern all services sold by Letmotiv: inter-company professional training (catalogue sessions) and in-company training (bespoke), coaching sessions and support services, in person or remotely.

Any order entails unreserved acceptance of these Terms. They prevail over any conflicting document from the client, except for special conditions accepted in writing by Letmotiv. Specific provisions apply to the consumer client and to the private individual funding their own training; these are flagged as such.

02Definitions

• Client: any natural or legal person who orders a service.
• Professional client: a client acting for the purposes of their business (company, self-employed person, public body).
• Consumer client: a natural person acting for purposes outside the scope of a business activity.
• Trainee or beneficiary: the natural person who attends the service.
• Funder: a third party covering all or part of the price (skills operator, employer, France Travail, training insurance fund, etc.).
• Inter-company: a session with fixed dates and programme, open to several clients.
• In-company: a service designed for a single client.

03Offer and pre-contractual information

For each service, Letmotiv provides before the sale: the objectives, prerequisites, content, duration, teaching, technical and assessment arrangements, enrolment terms and lead times, accessibility for people with disabilities, and the price. These details appear on the site or in a detailed programme and quote.

For the consumer client, the information required by Article L.111-1 of the French Consumer Code is provided legibly before the contract is concluded.

04Formation of the contract

4.1 — Professional client

The contract is formed on signature of the training agreement, or of the quote serving as an agreement (Art. L.6353-2 of the French Labour Code), or on receipt of the signed registration form for inter-company sessions. Registrations are handled in order of arrival, subject to available places.

4.2 — Funding by a third party

Where the client requests funding, it is up to them to make the request before the service starts and to send the Funder's agreement at registration. Failing an agreement received by the first day, Letmotiv invoices the full price to the client. If the Funder does not pay all or part of the price, the balance remains payable by the client.

4.3 — Private individual funding their own training

A professional training contract compliant with Articles L.6353-3 to L.6353-7 of the French Labour Code is signed before any registration. The trainee has a 10-day withdrawal period (Art. 7.1). No sum may be demanded before that period expires. Afterwards, a deposit of no more than 30% of the price may be requested, with the balance paid as the training proceeds.

4.4 — Coaching

Sessions are scheduled by mutual agreement after the quote is accepted. Any session that is confirmed and then cancelled or postponed less than 48 hours in advance, or not attended, is payable in full.

05Prices

Inter-company training prices are those in the catalogue in force on the day of the order. In-company and coaching services are the subject of a named quote.

• Professional client: prices in euros excluding tax, plus VAT at the applicable rate (20%).
• Consumer client: prices in euros including all taxes.

Prices include delivery, teaching materials and, for in-person training at Letmotiv's premises, hospitality. They do not include trainees' travel, catering and accommodation costs, nor, for in-company training, room hire and specific equipment, unless the quote states otherwise.

06Payment terms

Unless a schedule is set in the quote, the invoice is issued at the end of the service.

• Professional client: payment within 30 days of the invoice date, by bank transfer. Where subrogation is accepted, Letmotiv invoices the Funder directly; failing payment by the Funder, the invoice is payable by the client.
• Consumer client: payment according to the schedule in the contract. For a private individual funding their own training, Article 4.3 applies (no sum before the 11th day, deposit capped at 30%, balance in instalments).

Late payment by a professional client: automatically and without formal notice, late-payment penalties at three times the statutory interest rate apply, together with a fixed recovery indemnity of €40 (Art. L.441-10 and D.441-5 of the French Commercial Code), without prejudice to higher recovery costs on supporting evidence. Letmotiv may suspend services in progress and demand immediate payment of the sums still due. No discount is granted for early payment.

07Right of withdrawal

7.1 — Private individual funding their own training

In accordance with Article L.6353-5 of the French Labour Code, the trainee may withdraw within 10 days of signing the contract, by registered letter with acknowledgement of receipt. No sum is payable on that basis.

7.2 — Consumer client contracting at a distance or off-premises

In accordance with Articles L.221-18 et seq. of the French Consumer Code, the client has 14 days to withdraw without reason or penalty, using the standard form provided with the contract or any unambiguous statement. Where both the periods in Article 7.1 and this article apply, the one more favourable to the client prevails.

7.3 — Performance before the end of the period

If, at the client's express request, the service begins before the withdrawal period expires, the client remains liable for the price corresponding to the services actually provided up to the point they communicate their decision to withdraw. If the service has been fully performed within that period, with their prior express agreement and express waiver of the right of withdrawal, that right is lost (Art. L.221-28 of the French Consumer Code).

7.4 — Professional client

An order from a professional client does not give rise to any right of withdrawal, subject to Article L.221-3 of the French Consumer Code where it applies (a professional employing five staff or fewer and a contract outside the scope of their main activity).

08Postponement, cancellation, absence

8.1 — At the client's initiative

Any postponement or cancellation request is notified in writing. For a professional client (or where the training is funded by the employer or a skills operator), the following amounts are then payable:

For a private individual funding their own training, in the event of termination, withdrawal or absence, only the price of the services actually delivered is payable (Art. L.6354-1 of the French Labour Code), plus any costs actually incurred and non-recoverable. These sums constitute compensation, cannot be charged to a training budget and are not covered by a Funder.

8.2 — At Letmotiv's initiative

In the event of insufficient numbers, trainer unavailability or force majeure, Letmotiv may postpone or cancel a session. The client is informed as soon as possible. Sums already paid are, at the client's choice, carried over to a later session or refunded within 30 days, to the exclusion of any other compensation.

8.3 — Replacing a participant

The professional client may, free of charge and up to the first day, replace a trainee who is unable to attend with a person of equivalent profile.

09Delivery of the training

Letmotiv is bound by an obligation of means. It may replace a trainer with a person of equivalent competence and adapt the teaching flow without affecting the objectives.

The client ensures the attendance and diligence of the trainees. Trainees sign the attendance sheet for each half-day or confirm their connection for remote sessions. A training completion certificate, stating the objectives, nature, duration and result of the assessment of learning, is given to each trainee.

10Accessibility and disability

Any person with a disability is invited to contact Letmotiv's disability adviser at contact@letmotiv.fr before registration, so that the necessary adjustments can be considered and, if needed, a referral to a specialist partner arranged.

11Intellectual property

All teaching content — materials, exercises, the C.O.C.O.A.® method, recordings and tools — is protected by intellectual property law and remains the exclusive property of Letmotiv. The client and trainees have a personal, non-exclusive and non-transferable right of use, limited to their own needs. Any reproduction, distribution, commercial use or resale, in whole or in part, is prohibited without Letmotiv's prior written agreement.

12Confidentiality and communication

Each party keeps confidential the non-public information exchanged in connection with the service. Letmotiv may mention the name and logo of the professional client as a commercial reference, unless the client objects in writing.

13Personal data

Letmotiv processes the data of clients and trainees for the management of registrations, teaching follow-up, invoicing and compliance with its legal obligations (Qualiopi, accounting, funders). The purposes, legal bases, retention periods, recipients and the rights of individuals (access, rectification, erasure, objection, restriction, portability) are detailed in the site's Privacy policy. Any complaint may be sent to the CNIL.

14Liability and insurance

Except for personal injury and gross or wilful misconduct, Letmotiv's liability is limited to the amount excluding tax of the service concerned. Letmotiv is not liable for indirect damage, in particular loss of business, revenue, data or reputation. The client remains responsible for the use it makes of what is learned in the training and for decisions taken on that basis.

Letmotiv has taken out professional civil liability insurance with Hiscox(Hiscox SA, 35 avenue Monterey, L-2163 Luxembourg, acting through its French branch — Paris Trade and Companies Register 833 546 989; administration: TSA 49007, 60477 Compiègne Cedex), under policy number HSXIN320077196. The cover applies to the training activity worldwide, except the United States and Canada.

15Force majeure

Neither party is liable for a breach resulting from an event of force majeure within the meaning of Article 1218 of the French Civil Code and case law. The affected obligations are suspended for the duration of the impediment; if it continues beyond 60 days, either party may terminate the contract without compensation, with the services actually delivered remaining payable.

16Complaints and mediation

Any complaint is sent in writing to contact@letmotiv.fr. Letmotiv acknowledges receipt within 8 days and responds within a reasonable time.

A consumer client who has not obtained satisfaction may, free of charge and within one year of their written complaint, refer the matter to the consumer mediator covering Letmotiv:

Mediator

CM2C — Centre de la médiation de la consommation de conciliateurs de justice

Address

49 rue de Ponthieu, 75008 Paris, France

Online referral

www.cm2c.net

The consumer client may also use the European online dispute resolution platform: ec.europa.eu/consumers/odr.

17Governing law and jurisdiction

These Terms are governed by French law.

• Dispute with a professional client: failing an amicable resolution, exclusive jurisdiction of the courts within the jurisdiction of Paris, including where there are multiple defendants or a warranty claim.
• Dispute with a consumer client: the statutory rules of jurisdiction apply; the consumer may in particular bring the matter before the court of the place where they lived when the contract was concluded or where the harmful event occurred.

18Miscellaneous

The invalidity or unenforceability of any provision does not affect the validity of the others. Letmotiv's failure to rely on a breach does not amount to a waiver of the right to rely on it later. Letmotiv may amend these Terms; the version applicable to an order is the one in force on the date of that order. These Terms are drawn up in French; this English text is a translation provided for information, and the French version prevails.