General terms and conditions of sale

SEVEN SHAPES SAS reserves the possibility of modifying or updating its general conditions at any time. The general terms and conditions applicable on the day of the order can be consulted on the www.7-shapes.com website.

1. Subject

The present General Conditions of Sale (hereafter “CGV”) apply to any order placed with SEVEN SHAPES SAS by its customers (hereafter “Customer(s)”), both in France and abroad.
The fact of placing order implies the whole adhesion and without reserve of the Customer to the present GCS, the Customer being strong of their respect by all his employees, servants and agents.
The Customer acknowledges for this purpose that, before the signature of the estimate, he benefited from sufficient information and advice from SEVEN SHAPES, allowing him to ensure the adequacy of the offer of services to his needs.

2. Access to the service

The Customer will have to make sure beforehand, and during all the use of the service, of the permanent compatibility of his technical environment with the platform “7-Shapes School” employed by SEVEN SHAPES. SEVEN SHAPES is at the disposal of the Customer to make the necessary technical tests. Prior to placing an order, the Customer can ensure the performance of his connection and the configuration of his computer, by testing the Demo version of the “7-Shapes School”.
He may not, after the preliminary test, claim incompatibility or a lack of access to the module(s).

The Customer must therefore have a valid email address, a computer and an internet connection with the following minimum specifications:

  • Operating system: MacOS 10.12+ or Windows 7+.
  • Browser: Chrome 50+ or Firefox 45+, the 7-Shapes School does not work or is not sure to work on Edge or Internet Explorer or Safari 10+.
  • Graphics card: Intel HD Graphics 5000 1536Mo,
  • RAM: 4GB RAM,
  • Processor: 1.4Ghz Intel Core i5)
  • A quality internet connection (4G or Wifi or ADSL 2 megabits minimum)
  • The Client’s browser must not have Java Script disabled to use the service.

Access to the module(s)

The natural person registered by the Client for the training course (hereinafter the “participant”) accesses a course via remote access on the platform.
Once registered, the participant receives an invitation to participate in the training course via his/her e-mail address, in order to access the training platform and associated services (concepts, challenges, videos, quizzes, educational sheets, etc.). During this step, he can choose his first and last name and his password.
If the training is taken in whole or in part by a collecting organization, the participant is also invited by e-mail to participate in the training.

3. Terms of Service

Right of use per site(s) or right of personal use

Licences for all courses (see “Courses” on www.7-shapes.com) are allocated to a participant.
The site connection identifiers are site specific and confidential and may not be transferred and/or shared with another site of the Customer or with another Customer. Similarly, a participant’s connection identifiers are personal and confidential and may under no circumstances be transferred and/or shared with another person, whether or not an employee of the Client or resold.
It is strictly forbidden for the Client to make any copy of the content made available to it. The Client will respect and undertakes to enforce the copyrights recognized by the Intellectual Property Code.
In case of loss of his identifiers by the participant, the Customer commits himself informing SEVEN SHAPES without delay. Failing this, the Customer will answer for any fraudulent or abusive use of the identifiers.
In the event of transfer or sharing of identifiers, SEVEN SHAPES reserves the right to suspend access to the platform, without compensation or notice.

Duration and guarantee of the service

Access to the training ordered is valid for the duration specified when the order is placed, and is available twenty-four (24) hours a day, seven (7) days a week. There is no limitation on the duration of each connection, except in the event of a possible breakdown or technical specificities of the Internet network.
The Customer undertakes to inform SEVEN SHAPES within twenty-four (24) hours of any technical malfunction.

Technical malfunction

SEVEN SHAPES undertakes to remedy any technical malfunction within seventy-two (72) working hours. After this time, SEVEN SHAPES will extend the access time to the module for a period corresponding to the unavailability.
Nevertheless, SEVEN SHAPES could not be held responsible for difficulties of connection in case of break of the Internet access or break of the connection in particular due to a case of absolute necessity, to power cuts, to interruptions related to the service providers, hosters and access providers of the Customer.

Maintenance

SEVEN SHAPES reserves the right to perform any maintenance operation on its server and will make every effort to notify the Customer at least forty-eight (48) hours in advance, to limit the time of service interruption to the strict minimum, to extend access to the module for a duration corresponding to that of the service interruption.
The Customer undertakes not to claim any compensation for this and also declares to accept both the characteristics and the limits of the service provided by SEVEN SHAPES.

Non-conformity and anomalies

By “non-conformity” we mean the lack of concordance between the module(s) delivered and the order form signed by the Customer.
By “anomaly” is meant any incident, blockage, degradation of performance, failure, non-compliance with the functionalities defined in the documentation made available to the Customer and users on the website preventing the normal use of all or part of the module(s). SEVEN SHAPES does not guarantee the uninterrupted and error-free operation of the module(s).
Any complaint concerning a non-conformity or an anomaly of the delivered module(s) compared to the above mentioned documentation must be made in writing within eight (8) days following the delivery of the access keys to the module(s). It shall be the Customer’s responsibility to provide any justification as to the reality of the anomalies or non-conformities observed. Only SEVEN SHAPES can intervene on the module(s). The Customer will refrain from intervening himself or a third party for this purpose.
However, the guarantee is not applicable if the anomaly finds its origin in the following cases, without this list being exhaustive: the technical prerequisites were modified without the prior agreement of SEVEN SHAPES; the anomalies are related to bad handling or handling not in conformity with the documentation available on the website.

4. Purchase of license pack(s)

For certain routes, the Customer may purchase licence packs (minimum 15 licences). 
Licences (all courses) may not give rise to the registration of more than one user per licence.
If the Customer does not use all the licences in the pack within the limit of the period of use, the unused licences automatically expire. The Customer may no longer use them and may not claim any reimbursement or compensation.
The starting date of the licenses is fixed, unless contraindicated in the quote, on the date of payment by the Customer.

5. Renewal and termination of licence packs

The packs of licences are proposed by SEVEN SHAPES for a limited duration of one (1) year, except if otherwise mentioned in the signed quotation or the purchase order. In all the cases, the packs of licences and the licence site (s) will be the subject, at their expiry, of a tacit renewal for a duration identical to the initial duration of the contract.
 However, the Customer having subscribed to a site license or a pack, has the possibility to terminate his commitment if he wishes to do so.

The cancellation can be made by registered letter with acknowledgement of receipt addressed to SEVEN SHAPES, 197 rue de Bordeaux, 16000 Angoulême, at the latest three (3) months before the end of the current contractual period. In the event of a request for cancellation according to the above-mentioned procedure, the cancellation will take effect at the end of the current contractual period.

6. Trainings

SEVEN SHAPES offers distance or face-to-face training.

Yellow Belt – Lean Six Sigma certified training course

This training is an online training that takes place over a period of 4 weeks (13 hours of training estimated) and which gives the possibility of passing a Lean Six Sigma – Yellow Belt Certification registered in the Specific Directory under the number 2258.

The conditions for taking charge of this training within the framework of professional training, the objectives of the training, the prerequisites required, the duration, the conditions of access to the training, the price, the contacts, the pedagogical and skills evaluation methods as well as the accessibility of the training by people with disabilities are described on the page of the site that deals with this training.

The training programme is available and downloadable on this page. This programme can be sent to a third party by the candidate who wishes to have his training financed by this third party.

The management of postponements and cancellations follows the provisions set out in Article 8 below.
Unless special conditions are mentioned in the quotation or the order form, the starting date of the licence associated with the training corresponds to the starting date of the chosen training.

SEVEN SHAPES is not the certifying body. It is the CESI Certifications which is in charge of passing the certifications. SEVEN SHAPES informs them of the results.
SEVEN SHAPES commits itself that its registration for certification does not involve any additional cost for the trainee and/or the customer.
The trainee registrations must take place at least seven (7) days before the start of the chosen training date. After this deadline, SEVEN SHAPES reserves the right to refuse registrations for the selected training and certification.

Green Belt – Lean Management Certification Training

This training is an online training that takes place over a period of 8 weeks (23 hours of training estimated) and which gives rise to the possibility of passing a Green Belt Lean Certification registered in the Specific Directory under the number 2254.

The conditions for taking charge of this training within the framework of professional training, the objectives of the training, the prerequisites required, the duration, the conditions of access to the training, the price, the contacts, the pedagogical and skills assessment methods as well as the accessibility of the training by people with disabilities are described on the page of the site that deals with this training.

The training programme is available and downloadable on this page. This programme can be sent to a third party by the candidate who wishes to have his training financed by this third party.

The management of postponements and cancellations follows the provisions set out in Article 8 below.
Unless special conditions are mentioned in the quotation or the order form, the starting date of the licence associated with the training corresponds to the starting date of the chosen training.

SEVEN SHAPES is not the certifying body. It is the CESI Certifications which is in charge of passing the certifications. SEVEN SHAPES informs them of the results.
SEVEN SHAPES commits itself that its registration for certification does not involve any additional cost for the trainee and/or the customer.
The trainee registrations must take place at least seven (7) days before the start of the chosen training date. After this deadline, SEVEN SHAPES reserves the right to refuse registrations for the selected training and certification.

7. Billing – Settlement

Awards

The price appears on the quotation or order form signed by the Client. It is expressed in euros excluding taxes and is to be increased by the VAT rate in force.
Any discount previously granted may be modified for each new order.
The price does not include the costs of access to the service (acquisition of technical equipment, internet connection).
Unless otherwise stated on the order form or quotation, in the case of the organisation of a face-to-face workshop, the travel expenses of the consultant(s) or trainer(s) as well as the costs of room hire, documentation and the hire of current equipment (video projector, touch screen, etc.) shall be invoiced in addition.
The amount of the training will be invoiced and due in full, regardless of whether or not the participant has logged in.

Payment

Invoices are payable within 30 days of the invoice date – or according to the conditions indicated on the order form or quotation – by bank transfer.
In the event of non-payment on the due date, late payment interest of three (3) times the legal interest rate per day of late payment shall be due by right by the Customer from the day after the due date for payment.
The legal interest rate used shall be equal to the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points in force on the day following the due date for payment.
In addition, a flat-rate compensation of forty (40) euros (not subject to VAT) will also be due to SEVEN SHAPES for recovery costs in the event of any delay in payment, without prejudice to the damages and other costs that SEVEN SHAPES reserves the right to claim, including through legal proceedings.
The interests and penalties of delay will be due automatically, without preliminary formal notice, the sending of a registered letter not being required to allow SEVEN SHAPES to benefit from the right to collect them.
Moreover, in the event of non-payment by the Customer of the sums due after formal notice to pay remained without effect beyond a fifteen (15) days deadline, SEVEN SHAPES reserves the right to suspend the access of the Customer to the service, including the access to the modules, for the current or future participations, with immediate effect after having advised it by all means. The Parties agree that the suspension of the Services will lead to the immediate payment of all the sums invoiced by SEVEN SHAPES to the Customer. Only the integral payment of the sums due by the Customer to SEVEN SHAPES will make it possible to the Customer to find the use of its accesses and to profit again from the services.

Payment by an OPCO for a training

Only courses can be supported by an OPCO.
When the amount of the purchase order is less than three thousand (3,000) euros excluding tax, the assumption of responsibility in subrogation of payment by a Competence Operator (OPCO) is not authorised.
In the event of payment made by a Competence Operator, it is the responsibility of the customer to make the request for payment before the start of the training course to the Competence Operator on which he depends. The financing agreement must be communicated to SEVEN SHAPES at the time of registration. In the event of partial coverage by the OPCO, the difference will be directly invoiced to the Customer. If the agreement of assumption of responsibility by the OPCO does not reach SEVEN SHAPES before the start of the training, the totality of the training costs will be invoiced to the Customer on the first day of the training. In the event of non-payment by the customer’s OPCO, whatever the cause, the invoice becomes payable to the customer.

8. Postponements and cancellations

Trainings

The Customer may postpone or cancel the registration of one or more candidates for one or more training courses up to seven (7) days before the start date of the session, upon request to SEVEN SHAPES. Beyond this date, except in case of force majeure, the registration is deemed final and the full payment of the training is due to SEVEN SHAPES.
If the number of participants in a training course is judged insufficient for pedagogical reasons, SEVEN SHAPES reserves the right to cancel this training course at the latest seven (7) days before the planned date. The registration fees previously paid are then fully refunded or, at the Customer’s convenience, a credit note is issued.
SEVEN SHAPES reserves the right to postpone the training, to modify the contents of its program or the instructors, while respecting the initial pedagogical quality, if circumstances beyond its control oblige it to do so.

Other services

Unless otherwise agreed in writing in the quotation or the order, the Customer cannot postpone or cancel the services provided for in the order or the quotation signed with SEVEN SHAPES for services other than the SPOC.

9. Limitation of Warranty

SEVEN SHAPES strives to ensure the best possible permanent access to its websites as well as the accuracy and updating of information available on its sites but is bound only by an obligation of means towards the Customer. The responsibility of SEVEN SHAPES could not be sought in case of non-respect by the Customer of his contractual obligations.
The Customer or the participant, law professionals or not, are only responsible for the choice of the bought trainings, as well as for the use and the interpretations which they make of it, the results which they obtain, the councils and acts which they deduce from it and/or emit. Under no circumstances is the content of the sites that are the object of the present document intended to replace or substitute for consulting a consultant.
In any event, if the responsibility of SEVEN SHAPES was retained, the amount of its guarantee is limited according to the terms of the article “Responsibility, indemnities, force majeure” of the GCS.

10. Liability, indemnities, force majeure

The Customer is obliged to subscribe and maintain in anticipation and during the duration of the training a civil liability insurance covering the physical, material, immaterial, direct and indirect damage likely to be caused by its actions or those of its employees to the prejudice of SEVEN SHAPES. It also undertakes to subscribe and maintain a civil liability insurance also designating as insured SEVEN SHAPES for all actions prejudicial to third parties which would have been caused by the participant and containing a clause of renunciation of recourse so that SEVEN SHAPES cannot be sought or worried.
The responsibility of SEVEN SHAPES towards the Customer is limited to the compensation of the direct damage proved by the Customer and is in any case limited to the amount paid by the Customer for the service provided.
In no case the responsibility for SEVEN SHAPES could not be committed under indirect damage such as loss of data, loss of files, loss of exploitation, commercial prejudice, loss of profit or damage to the image and the reputation.
In all the cases, the responsibility for SEVEN SHAPES is excluded in the event of absolute necessity.

11. Intellectual property, confidentiality

The Customer can use the proposals, works, studies and concepts, methods and tools of SEVEN SHAPES only for the purposes stipulated in the order.
SEVEN SHAPES co-owns with the trainers dispensing the trainings the intellectual rights relating to the trainings it provides. The totality of the teaching supports, whatever the form (paper, digital, oral…) used within the framework of the order cannot be used in another context than that of the training delivered by SEVEN SHAPES) or by the Customer himself (by one of his employees or subcontractor, and which is the object of the order.

The Customer refrains from using, reproducing, directly or indirectly, in whole or in part, adapting, modifying, translating, representing, marketing or distributing to members of his staff not participating in the training courses of SEVEN SHAPES or to third parties the course materials or other educational resources made available to him without the express written permission of SEVEN SHAPES.
The parties undertake to keep confidential all information and documents of economic, technical or commercial nature concerning the other party, to which they could have access during the execution of the order.

12. Communication

The Customer agrees to be quoted by SEVEN SHAPES as Customer of the offer of services within the framework of its commercial activity, at the expense of SEVEN SHAPES.
The responsibility of SEVEN SHAPES towards the Customer is limited to the compensation of the direct damages proved by the Customer and is in any case limited to the amount paid by the Customer for the service provided.
To this end and subject to compliance with the provisions of Article 13 below, SEVEN SHAPES may mention the name of the Customer, and an objective description of the nature of the services, in the lists of its references for the purpose of external and internal communication.

13. Information technology and freedom / protection of personal data

The personal data of the participants are used within the framework of the registration, execution and follow-up of their training, and within their overall learning path by the SEVEN SHAPES services in charge of the processing. These data are necessary for the execution of the training.
If necessary, they are kept for the legal period of prescription of the administrative and financial controls applicable to the training actions.

In accordance with the European Regulation on the protection of personal data EU 2016/679 (RGPD), the participant benefits from a right of access, rectification, limitation of the treatment as well as a right of opposition and portability of his data if it is applicable, which can be exercised by contacting SEVEN SHAPES by e-mail at the address contact@seven-shapes.fr or by post at the address 197 rue de Bordeaux 16000 Angoulême.

As the person in charge of processing the file of his staff, the Customer undertakes to inform each participant that data of a personal nature concerning him is collected and processed by SEVEN SHAPES for the purposes of realization and follow-up of the training under the conditions defined above.

14. Applicable law and attribution of jurisdiction

This Agreement shall be governed by French law. Any dispute that has not been settled amicably will be brought before the Commercial Court of Angoulême.

SEVEN SHAPES – 197 rue de Bordeaux 16000 Angoulême
Phone : 09.82.53.34.55
E-mail address: contact@seven-shapes.com
SIRET: 825 097 223 000 028
VAT number: FR19825097223

Seven Shapes is registered as a training organisation under activity declaration number 75160098316. This number does not constitute State approval.

Version n°1.2 – last update on 10/02/2020