All Talentis legal notices and our General Terms and Conditions of Sale
The present document aims at defining the terms and conditions under which, on the one hand, Talentis, hereinafter referred to as the PUBLISHER, provides its users with the site and the services available on the site and, on the other hand, the manner in which the user accesses the site and uses its services.
Any connection to the site is subject to compliance with the present terms and conditions.
For the user, the simple access to the PUBLISHER's site at the following URL address https://www.talentis-coach.com/ implies acceptance of all of the terms and conditions described below.
Pursuant to Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, this article specifies the identity of the various parties involved in its implementation and monitoring.
The Talentis website is published by : Talentis, SARL with a capital of 37,000 euros, having its registered office at the following address:
66 rue du Faubourg Saint-Honoré 75008 PARIS - France, and registered with the RCS Paris B 448 991 661.
Telephone: 0153578888 / Email address: firstname.lastname@example.org
Hereinafter "the Publisher"
The Director of Publication is Mrs Valérie ROCOPLAN.
Contact email address: email@example.com
Hereinafter "the Director of Publication"
The Talentis site is hosted by :
AWS & Fastly via Webflow.
52 RUE DU PORT - 92000 NANTERRE
Hereinafter referred to as "the Host"
Users are considered to be all Internet users who browse, read, view and use the Talentis site.
Hereinafter referred to as "Users"
- "Services": all the Services provided by Talentis and its partners, accessible through the site.
- "Site": refers to the Talentis site accessible from the address: https: //www.talentis-coach.com/ or any other URL address.
- "User": refers to any individual or legal entity who visits one or more pages of the site.
This site allows you to discover the Talentis executive coaching company, its coaching, its missions, its projects, its events and its articles. You can register directly for events on the site on the "Our events" page.
The general structure of the Talentis website, as well as the texts, graphics, images, sounds and videos that make it up, are the property of the publisher or its partners. Any representation and/or reproduction and/or exploitation of the content and services offered by the Talentis site, in whole or in part, by any means whatsoever, without the prior written authorisation of Talentis and/or its partners is strictly prohibited and may constitute an infringement of copyright under Articles L 335-2 et seq. of the Intellectual Property Code.
The trademarks "Talentis" and "Leaders for tomorrow" are registered trademarks of Talentis. Any representation and/or reproduction and/or exploitation of these trademarks, in whole or in part, of any kind whatsoever, is totally prohibited.
The Talentis site may contain hypertext links to other sites on the Internet. Links to these other resources will take you away from the Talentis site.
It is possible to create a link to the presentation page of this site without express authorisation from the PUBLISHER. No authorisation or request for prior information may be required by the publisher with regard to a site that wishes to establish a link to the publisher's site. It is however advisable to display this site in a new window of the navigator. However, the PUBLISHER reserves the right to ask for the deletion of a link which he considers not in conformity with the object of the Talentis site.
The information and/or documents appearing on this site and/or accessible by this site come from sources considered as being reliable.
However, this information and/or documents are likely to contain technical inaccuracies and typographical errors.
The PUBLISHER reserves the right to correct them, as soon as these errors are brought to its attention.
It is strongly recommended to check the exactness and the relevance of the information and/or documents made available on this site.
The information and/or documents available on this site are likely to be modified at any time, and can have been the subject of updates. In particular, they can have been the object of an update between the moment of their downloading and the one where the user takes note of it.
The use of information and/or documents available on this site is made under the whole and only responsibility of the user, who assumes the totality of the consequences which can ensue from it, without the PUBLISHER being able to be required for this reason, and without recourse against this last one.
The PUBLISHER can in no case be held responsible for any damage of some nature that it is resulting from the interpretation or the use of information and/or documents available on this site.
The publisher endeavours to allow the access to the site 24 hours a day, 7 days a week, except in case of force majeure or of an event out of the control of the PUBLISHER, and subject to the possible breakdowns and interventions of maintenance necessary to the good functioning of the site and the services.
Consequently, the PUBLISHER cannot guarantee an availability of the site and/or the services, a reliability of the transmissions and performances in term of time of answer or quality. It is not planned any technical assistance towards the user that it is by electronic or telephone means.
The responsibility of the PUBLISHER would not know how to be committed in case of impossibility of access to this site and/or use of the services.
Moreover, the PUBLISHER can be brought to interrupt the site or a part of the services, at any time without notice, the whole without right to compensations. The user recognizes and accepts that the PUBLISHER is not responsible for the interruptions, and for the consequences which can result from it for the user or any third party.
The PUBLISHER reserves the possibility of modifying, at any time and without notice, the present conditions of use in order to adapt them to the evolutions of the site and/or its exploitation.
The user declares to accept the characteristics and the limits of Internet, and in particular recognizes that:
The PUBLISHER does not assume any responsibility on the services accessible by Internet and does not exert any control of some form that it is on the nature and the characteristics of the data which could transit by the intermediary of its centre waiter.
The user recognizes that the data circulating on Internet are not protected in particular against the possible hijackings. The presence of the Talentis logo establishes a simple presumption of validity. The communication of any information deemed by the user to be of a sensitive or confidential nature is done at his own risk.
The user is solely responsible for the use of the data he consults, queries and transfers on the Internet.
The user acknowledges that the PUBLISHER has no means of controlling the content of the services accessible on the Internet.
Both this site and the terms and conditions of its use are governed by French law, regardless of the place of use. In the event of any dispute, and after all attempts to find an amicable solution have failed, the French courts shall have sole jurisdiction to hear the dispute.
For any question relating to these terms and conditions of use of the site, you can write to us at the following address: firstname.lastname@example.org
These general terms and conditions of sale apply to all offers and sales of consulting, engineering, training and coaching services. Any order implies the full acceptance by the client of these general conditions. If one of the clauses of these general terms and conditions is null and void, the other clauses are not null and void. The fact that Talentis does not apply any article of these terms and conditions at a given time cannot be interpreted as a waiver of the right to invoke these terms and conditions at a later date.
The sale of consultancy, engineering, training and coaching services to companies or public bodies constitute the areas of application of these general conditions, which may always be supplemented or modified by special conditions or by specific contractual provisions.
Pre-requisites are the conditions to be fulfilled, the assets required to follow a training course. They are the skills that the candidate must already possess in order to be able to follow the training. The Client assumes full responsibility for defining the pre-requisites and selecting each participant for the training course, according to his internal pre-requisites.
The Client shall ensure that the technical resources made available to Talentis meet the needs of the service. The Client is responsible for the compliance of the premises hosting the participants, and shall ensure that they meet the safety standards in force.
The Client is responsible for informing Talentis of Participants with disabilities and the specific needs related to this disability. The Client is responsible for ensuring the compliance of the premises hosting the disabled Participants.
VALIDITY OF THE PROPOSAL
Talentis undertakes to make its best efforts to respect the definition of its services, the nature of the methods used, the skills of its consultants and the budget defined beforehand. The proposal is valid for 2 months from the date it is sent or delivered by hand against receipt.
RATES FOR SERVICES
Fees: Talentis may, depending on the specific conditions agreed upon, invoice the consultants' time spent on the assignment, either on a price per day of intervention or on a flat fee basis.
Mission costs: The technical and logistical costs related to the execution of the mission are at the client's expense and are in no way included in the fees, which cover exclusively the time allocated by our consultants. Unless indicated in the proposal accepted by the client for a lump sum, these costs are invoiced at cost plus a management fee estimated at 20%. These technical costs are provisioned on the initial invoice and adjusted on the basis of supporting statements.
Price indexation: Talentis undertakes to keep the daily rate of
unchanged, within the strict limit of the monthly indexation of this rate on the evolution of the SYNTEC index, published monthly. The price will be automatically adjusted each year, both upwards and downwards, in the same proportion as the variation in the index recorded the previous year. The revision will take place automatically without any formality or prior request. These prices are adjusted according to the following formula: P = Po x Si/So in which:
P = revised amount
Po = initial amount
So = value of the SYNTEC index, in force on the date the Contract was drawn up
Si = value of this same index for the month in question.
With the exception of individual coaching and a Click & Coach programme, all orders can only be placed a minimum of 30 (thirty) days before the planned date of the service.
All orders for individual coaching or a Click & Coach programme can only be placed a minimum of 7 (seven) days before the planned date of the service.
All orders, including those placed by telephone, must be confirmed in writing (by mail or e-mail). The order may be placed by returning Talentis' proposal, duly signed and marked "good for agreement" or by sending a document mentioning this.
Confirmation may also be made by affixing the words "good for agreement" to a standard e-mail containing the information relating to the order, in particular: the nature of the service, the quantity, the agreed price, the payment terms, the place of performance if it is different from the place of invoicing.
Any addition or modification to the order is only binding on Talentis if it has expressly accepted it in writing. If, during a previous order, the client has failed to meet one of its obligations (default or delay
in payment, for example), the sale may be refused unless the client provides satisfactory guarantees or payment at the time of order.
In accordance with law No. 92-1442 of 31/12/92, late payment penalties are applicable in the event that the sums due are paid after the payment date shown on the invoice. These late payment penalties are calculated on the basis of 1.5 times the legal rate. They shall be payable without any reminder being necessary.
They shall run automatically from the day following the date of payment shown on the invoice. If the client's failure to act makes a contentious recovery necessary, the client undertakes to pay, in addition to the principal, costs, expenses and emoluments ordinarily and legally payable, an indemnity fixed at 1% inclusive of tax of the debt with a minimum of 500 euros, by way of conventional and fixed damages. In the event of partial payment, this shall be charged first to the late payment penalties, then to the current instalments in descending order of age. In the event of non-payment, even partial, on the due date, Talentis reserves the right to terminate the contract or to suspend the performance of the services in progress. In the event of termination of the agreed service for non-payment, the sums paid by the Client shall be purely and simply acquired by Talentis. VAT, at the current rate, is applicable to all our fees and expenses. Any payment that does not comply with these general conditions shall be subject to a penalty for late payment, equal to one and a half times the legal interest rate in force (Law N° 92-1442 of 31/12/92).
DELAY OF TERM
In the event of total or partial non-payment on the due date, the sums due under this order or other orders already executed or in the process of being executed shall become immediately payable after formal notice
Talentis is bound by an obligation of means for all its services, to the exclusion of any obligation of result. Talentis, its employees and partners undertake to consider as confidential and within the scope of the professional secrecy to which they are bound,
information of any kind relating in particular to the co-contractor's activities, its organisation and its personnel. When Talentis performs work involving a creative activity within the meaning of the Intellectual Property Code, the copyrights resulting from this creation, and in particular the right of reproduction, remain with Talentis and are only transferred to the Client by means of a written agreement to this effect. The written agreement to transfer the copyright, in particular the right of reproduction, must be express: it cannot result from the fact that the creative activity was provided for in the order, nor from the fact that it is the subject of a special remuneration, nor from the fact that the ownership of the material support of the copyright is transferred to the co-contractor. The use of the information supplied by TALENTIS is strictly personal to the co-contractor or to the persons authorised by it, for their internal use to the exclusion of companies in the same group. Unless there is a special exclusivity agreement, Talentis may again use a creation produced by its services.
INTERRUPTION OF THE MISSION AT THE INITIATIVE OF THE CLIENT
The client may interrupt the mission entrusted to Talentis, provided that he undertakes to inform Talentis in writing beforehand at least 45 days before the anniversary date and to pay, in addition to the fees and expenses due on the date of interruption of the contract, a fixed indemnity corresponding to 20% of the fees remaining due for the cancelled or postponed service. Special case of postponement or cancellation of training sessions: The dates of the consultants' interventions are fixed in common with the client and are firmly blocked by our consultants. If the co-contractor fails to fulfil its obligation within one month of the sending of this formal notice, the sale will be cancelled by operation of law if it pleases the Company Talentis. The co-contractor may not request the cancellation of the sale or seek Talentis' liability in the event of a modification of the initial specifications, occurring between the placing of the order and the execution of the service, which would result from the application of a national or community text.
Talentis undertakes to inform the Client of these modifications as soon as possible.
CONDITIONS OF INVOICING AND PAYMENT
The co-contractor undertakes to pay the invoices issued by TALENTIS within 30 days net from the date of issue of the invoice.
1/ Individual coaching
Talentis invoices 100% of the estimated total fees after the tripartite meeting at the start of the assignment.
2/ Seminar and team coaching
Talentis invoices 100% of the total estimated fees at the start of the design services or at the time of the first facilitation or training session.
This invoicing rule applies in all cases unless otherwise stipulated in a specific payment schedule. In the particular case of the breakdown of invoicing between several establishments for the same service, the contribution to administrative costs will be €40 excluding VAT per invoice.
3/ Distance coaching
Services are invoiced on an order basis in accordance with the price list in force, which is calculated according to a fixed number of hours. The hourly rate includes all the ancillary services listed in the price list. The hours invoiced are valid for 12 months. Invoiced hours are deemed to have been used if they have not been booked on the platform within this 12-month period. Reservations cancelled less than 48 hours before the coaching session will be deemed to have been used. Beyond this period, the client may extend the validity of the hours by 12 months by paying an access fee to the platform equal to 7% of the hours not used.
In accordance with the provisions of article L441-6 of the French Commercial Code, late payment penalties are applicable in the event that the sums due are paid after the payment date shown on the invoice.
The client may postpone or cancel a jointly planned training session under the following conditions:
Any cancellation of services whose dates have already been scheduled and confirmed, by discretionary decision of either party, will give rise, for the defaulting party, to cancellation fees under the following conditions:
- Cancellation less than 1 week before the date of the services : 100% of the fees
- Cancellation less than 2 weeks before the date of the services: 75% of the fees
- Cancellation less than 3 weeks before the date of the services: 50% of the fees
- Cancellation less than 4 weeks before the date of the services: 25% of the fees
- Cancellation more than 4 weeks before the date of the services: no penalties.
CONDITIONS OF INVOICING AND PAYMENT
Any postponement of services whose dates are already scheduled and confirmed, by discretionary decision of one or other of the Parties, will give rise, for the defaulting party, to postponement fees under the following conditions:
- Postponement less than 2 weeks from the date of services: 50% of the fees
- Postponement more than 2 weeks and less than 4 weeks from the date of services: 25% of the fees
- Postponement more than 4 weeks from the date of services: no penalties.
These conditions apply if the rescheduled date occurs within 6 months of the initial date. Otherwise, the cancellation conditions indicated in the "Cancellation" paragraph will apply.
In the event that the initially scheduled services have to be postponed for more than 3 months due to the health situation related to the Covid-19 coronavirus, the Parties agree that the Client will pay the Provider at the end of 2020 or of the current year, an advance corresponding to 50% of the amount of the services scheduled in 2020 or for the current year and postponed to 2021 or the following year.
In the event that the Service Provider incurs postponement or cancellation costs, the Service Provider shall deduct these costs from the next invoice or issue a credit note to the Client.
It is expressly agreed with the co-contractor that Talentis works in partnership with independent coaches, of which the client is fully aware.
RESOLUTION OF SALE
All orders are accepted in consideration of the legal, financial and economic situation of the client at the time of the order. As a result, if the Client's financial situation were to deteriorate between the date of the order and the date of execution of the service, Talentis would be entitled either to demand payment before the service is provided or to terminate the contract. In the event of non-performance of any of these conditions, Talentis shall send the debtor a formal notice by registered letter with acknowledgement of receipt.
LIABILITY OF THE SERVICE SUPPLIER - GUARANTEE
The Service Provider guarantees, in accordance with the legal provisions, the Customer against any hidden defect, resulting from a design or manufacturing defect of the services provided and making them unfit for the use for which they were intended, excluding any negligence or fault of the Customer, for a period of "Duration" from the time of their supply to the Customer. In order to assert its rights, the Customer shall, under penalty of forfeiture of any action relating thereto, inform the Service Provider, in writing, of the existence of the defects within a maximum period of "Time" from their discovery. The Service Provider shall rectify or cause to be rectified, at its sole expense, the services found to be defective.