T&C's

Term and Conditions of e-course sales

1    PRIOR TESTING AND TECHNICAL PRE-REQUISITES
Where applicable, a preliminary test shall be carried out before any execution of the Order Form between CEGOS and an authorized representative of the Customer. The Customer's authorised representative shall ensure that the Customer’s technical environment is at all times compatible, regardless of any possible changes thereto, with the CEGOS LMS platform. After the preliminary test, the Customer shall not be entitled to rely on any incompatibility or impossibility of accessing the Modules.

2    CEGOS’ OBLIGATIONS

1. Immediately on receipt of the signed Order Form, CEGOS shall send to the Customer’s electronic address an identification code and a password enabling the Participant(s) to access the LMS Platform and the Modules.
2. CEGOS will provide the Customer with the right to obtain an upstream and downstream assessment of the Participant’s training profile
3. CEGOS shall supply to the Customer on request a report allowing for full traceability of the training

3    INVOICING

1. Unless otherwise agreed by CEGOS, an Invoice shall be sent to the Customer immediately on creation by CEGOS of the access codes giving access to the Module(s)
2. In the event of late payment, CEGOS may without prejudice to any other remedies deactivate access to the Module(s),

4    TERM OF THE ACCESS TO THE MODULE(S)
Unless otherwise agreed by CEGOS in writing, the rights of use of the Module(s) accessible on the LMS platform are granted as follows:

1. for a term of 12 months from the date of opening the access keys to the LMS platform and for successive periods of 12 months thereafter, unless the Customer has given 1 month's prior written notice to terminate use of the Module(s), such notice to expire no earlier than the end of the initial 12 month period or any anniversary thereof;
2. CEGOS's standard charges for the Modules applying at the date of each 12 month anniversary shall be paid by the Customer annually in advance;
3. for a defined number of Participants; and
4. for the available version of the Module(s) as of the date of the Order Form.

5    SCOPE OF THE PARTICIPANTS
Unless otherwise agreed by CEGOS in writing, the rights of use of the Module(s) are granted solely to the Customer signing the Order Form.

6    PERSONAL RIGHT OF USE

1. The identification code and the password, communicated in electronic mode to the Participant, are sensitive, strictly personal and confidential items of information, for which the Customer shall be exclusively liable. Therefore, the said information may not be assigned, resold or shared.
2. The Customer warrants to CEGOS that this condition shall be complied with by any Participant, and the Customer shall be responsible for any fraudulent or abusive use of the access codes. The Customer shall inform CEGOS forthwith of any loss or theft of the access codes.
3. In the event of any breach of this clause or sharing of the access keys, CEGOS reserves the right to suspend the Services, without any liability or prior notice or information.

7    FEATURES OF THE MODULE(S)

1. Unless otherwise advised, each Module is available in several languages, as detailed in the e-learning catalogue published by CEGOS, and is described in a datasheet contained in the catalogue.
2. The duration of the Training Programme is provided as for information purposes only.
3. CEGOS reserves the right to modify the Module(s) proposed on the LMS Platform, whether as regards their general organization, nature, or content.  CEGOS shall not be liable to the Customer for any such changes.
4. CEGOS may, at the Customer’s request, provide any IT justification proving the registration and monitoring of use of the Module(s).

8   WARRANTIES GIVEN BY CEGOS

1. CEGOS agrees to take all steps necessary in order to give access to the LMS Platform on a 24/7 basis, during the term of the rights of use of the Module(s), except in the event of a possible breakdown or technical constraints related to the specific features of the Internet.
2. The Customer agrees to inform CEGOS within 24 hours in the event of discovery of any technical malfunction.
3. CEGOS will use all reasonable efforts to ensure the LMS Platform continues to operate in a reliable and continuous manner.  The Customer acknowledges no guarantee can be given as to the operation and availability of the internet.
4. In the event of any interruption of the service by CEGOS in relation to any corrective maintenance works, CEGOS shall take all steps necessary in order to remedy such malfunction within a period of 24 business hours. After the said period, CEGOS shall extend the Participant’s period of access to the Module(s) for a period corresponding to the unavailability time.
5. In the event of adaptation maintenance of the LMS platform, CEGOS shall also be entitled to temporarily interrupt access. CEGOS shall use all reasonable endeavour to limit the interruption time and to give prior notice to the Customer.  CEGOS shall not be liable to the Customer for any such interruptions.
6. CEGOS shall extend the right of access to the Participant’s Module(s) for a period corresponding to the unavailability time.

9    NON-COMPLIANCE OR ANOMALIES OBSERVED BY THE CUSTOMER IN RESPECT OF THE MODULE(S)

1. “Non-compliance” means any lack of concordance between the delivered Module(s) and the Order Form signed by the Customer.
2. “Anomaly” means any breakdown, incident, blocking, deteriorated performance, non-compliance with the features defined in the documentation made available to the Customer and the Participant(s) on the www.elearning-cegos.com site, preventing the normal use of all or part of the Module(s).
3. CEGOS does not warrant the uninterrupted and error-free operation of the Module(s).
4. Any complaint covering any Non-Compliance or Anomaly of one or more delivered Module(s) in respect of the aforementioned documentation must be stated in writing within 8 (eight) days from the date of delivery of the access keys to the Module(s). The Customer shall be responsible for proving the reality of any observed Anomaly or Non-Compliance. Only CEGOS is authorized to take action in respect of the Module(s). The Customer shall refrain from taking any action, whether personally or through any third party.
5. CEGOS shall not be responsible for any Anomaly arising from any of the following or similar events:-
   1. the technical prerequisites have been amended without the prior consent of CEGOS
   2. the observed Anomalies are attributable to programmes not supplied by CEGOS.
   3. the Anomalies are linked to poor processing or to processing not in compliance with the documentation available on the www.elearning-cegos.com site.
   4. Any breach by the Customer of the Agreement.

10    HOTLINE

1. CEGOS makes available to the person designated by the Customer a hotline available from 09:00 a.m. to 06:00 p.m. during business days. A specific line listing each country concerned is available on the www.elearning-cegos.com site.
2. The hotline is intended to identify the malfunction and, according to the encountered difficulty, either provide an immediate response, or indicate the time period within which the response shall be given. If the malfunction is attributable to CEGOS and subject to the Customer’s compliance with the Terms and Conditions, CEGOS agrees to take all steps necessary in order to solve the problem or provide as soon as possible an acceptable workaround solution.
3. No on-site maintenance will be provided.

11    COOKIES
The Customer shall inform each Participant that a cookie, i.e. a block of data enabling CEGOS to identify the Participant and serving to record the information indispensable for the Participant’s browsing on the LMS Platform, may be installed automatically on the Participant’s browsing software. The browsing software’s set-up enables the Participant to be informed of the cookie’s presence and where applicable to refuse the same. The installed cookie only contains the Participant’s identification code and does not enable third-party sites to identify such code. The Customer shall however inform the Participant it is preferable to check the disconnect option on each closing of the Participant session.

12    CANCELLATIONS
No cancellation by the Customer for any Module shall be accepted after the date from which the first of the Customer’s Participants has used the identification code and password enabling him or her to access the LMS Platform.