Terms and Conditions

General Terms and Conditions for Open Registration
Capgemini Academy version March 2016

Clause 1 – Definitons

The terms below are defined as follows in this document:

• General Terms and Conditions for Open Registration at Capgemini Academy: the stipulations and conditions laid down in the clauses below which apply to Training followed via Open Registration at Capgemini Academy.

• Capgemini Academy: Capgemini Educational Services B.V. or Capgemini Nederland B.V.

• Participant: an individual or employee of the Client who registers for Individual Training or Group Training.
• Online Learning Environment: an online environment provided by Capgemini Academy or one of its partners which the Participant uses during the Training.
• Client: the person or legal entity which commissions Capgemini Academy to provide Training.
• (Open Registration) Training: a standard training course, such as Group Training or Individual Training, or separate exam offered by Capgemini Academy in its training offerings.
• Individual Training: Training in which the Participant goes through the material at his/her own pace, according to an individual learning plan agreed on in advance, with or without a trainer.
• Group Training: Training in a group setting from among the training offerings for which the Participant can sign up.
• Remotely Concluded Agreement: an agreement whereby exclusively one or more technologies for remote communication in the sense of article 7:46a of the Dutch Civil Code (for example, email) are used in the context of the establishment of the agreement.

Clause 2 – General

• In supplement to Capgemini’s General Terms and Conditions (June 2013), the General Terms and Conditions for Open Registration at Capgemini Academy apply to all agreements relating to the provision of Training by Capgemini Academy. In the event of any contradictions, the General Terms and Conditions for Open Registration at Capgemini Academy prevail over Capgemini’s General Terms and Conditions (June 2013).
• For Clients who perform activities not subject to VAT, the agreement is contracted with Capgemini Educational Services B.V. For Clients who perform activities that are indeed subject to VAT, the agreement is contracted with Capgemini Nederland B.V.

Clause 3 – Registration and confirmation

• Registration for Training can take place in writing, electronically or by telephone. After receipt of the registration, Capgemini Academy will send a confirmation, either in writing or electronically.
• If the requested Training is fully booked, a notification will be sent to this effect and an alternative may be offered, if possible. Before the start of the Training, the Participant will receive an invitation with further details about the Training.
• It is the responsibility of both the Participant and the Client to ensure that the Participant has the required knowledge level or required prior education for participation in a Training.

Clause 4 – Performance

• Capgemini Academy will perform the Training with due care. All services in the area of Training are performed on the basis of a best-efforts obligation.

• With regard to the Online Learning Environment, in addition to the provisions in the first paragraph it also applies that:
  a. Capgemini Academy does not guarantee that the software made available to the Participant in the Online Learning Environment and the software used by Capgemini Academy is error-free and functions without interruption;
  b. Capgemini Academy can put the Online Learning Environment entirely or partially out of use temporarily for preventive, corrective or adaptive maintenance. Capgemini Academy will not allow this period of inactivity to last longer than necessary, will have this period of inactivity scheduled outside of office hours as much as possible, and, depending on the circumstances, will not let this period of inactivity start until after the Participant has been notified;
  c. The Participant must have appropriate internet access facilities such as, but not limited to, adequate equipment and software;
  d. The Participant is responsible for keeping his user name/login code and password strictly secret; and
  e. The Participant is fully responsible and liable for all use of his user name/login code and password and for all actions performed via his account. If and as soon as a Participant suspects that wrongful use is being made of his login code, password, account and/or identity, he must notify Capgemini Academy of this immediately.

Clause 5 – Prices

• The prices reported are excluding VAT. For Clients who perform activities not subject to VAT, the prices are exempt from VAT. For other Clients, the prices are charged including VAT. All prices are stated excluding any other government levies, unless stated otherwise.
• The price includes the costs of training material, unless explicitly stated otherwise, and, if applicable, access to the Online Learning Environment. For Training at locations made available by Capgemini Academy, lunch, coffee, tea and/or the package costs are included, unless stated otherwise.

Clause 6 – Cancellation by Client

• The Client has the right to cancel the agreed training. Cancellation must take place in writing or electronically, whereby the cancellation date is the date on which Capgemini Academy receives the cancellation. In this context, the postponement of training is regarded as a cancellation followed by a new booking, whereby this clause applies in full.
• The cancellation costs amount to (expressed as % of the agreed price):
  a. Up to 20 working days before the start date – 0
  b. 20 to 10 working days before the start date – 50
  c. Less than 10 working days before the start date – 100
  The date on which a Training starts as reported in the registration confirmation is regarded as the start date.
• If the Client is a natural person not acting in the performance of a profession or business, the Client has 14 days from the moment a Remotely Concluded Agreement is established to dissolve this agreement without stating reasons. In the event of dissolution pursuant to this clause, the Client must send the training material received back to Capgemini as soon as possible. Capgemini has the right to charge the Client the direct costs of the return shipment. The return shipment is at the Client’s risk. There is no right to dissolution pursuant to this clause if the Training has started before the term of 14 calendar days has expired. By participating in the Training, the Participant explicitly waives this right to dissolution.
• The Client has the right to replace a Participant registered for a Training with a different person if Capgemini Academy is notified of this prior to the start of the Training. The only costs entailed by such a replacement are those related to learning resources already made available.

Clause 7 – Rescheduling of Individual Training

• Within an Individual Training with scheduled guidance days, the Client can – after the first day of training has taken place – reschedule one (1) day free of charge a maximum of five (5) times. Costs are charged for all other days that the Client wishes to reschedule.

Clause 8 – Change or cancellation by Capgemini Academy

• Capgemini Academy reserves the right to make changes to the training schedule and/or training times without stating reasons. Capgemini Academy will make every reasonable effort to provide the Training in accordance with the published schedule or agreements made but accepts no liability if a Training must be rescheduled, cannot go ahead or must be interrupted, because of circumstances.
• In such a case, Capgemini Academy will make every reasonable effort to complete the Training or provide it at a later time. If the latter proves impossible, any training fees already paid will be refunded. Capgemini Academy also reserves the right to cancel a Group Training if a minimum number of registrations is not received. The registered Participants will receive notification of such a cancellation no later than five (5) working days before the start of the Training.

Clause 9 – Intellectual (property) rights

• The Client and/or Participant is not permitted to publish, reproduce, distribute, alter or make any other use of information from or sections of the training material, software or other (supplementary) documentation provided, in any form whatsoever, wholly or in part, in infringement of the intellectual property rights of Capgemini Academy or its partners.
• Without prejudice to the provisions in the previous paragraph, the Client is permitted to allow the materials and documents provided to be used exclusively by the Participant, in the performance of his position, provided this use is consistent with the purpose of the Training. The Participant is required to treat confidentially all information and documentation which has been provided to him/her in the context of the Training followed by him/her.

Clause 10 – Rules of conduct

• Participants in Training must follow the company rules and/or rules of conduct stipulated by Capgemini Academy and in effect at the training location. Always and in every case the Participant will treat third parties carefully and not wrongfully.
•  In particular with regard to the Online Learning Environment, the Participant and/or Client will at all times respect the intellectual property rights and other rights of third parties, respect the privacy of third parties, refrain from offending or discriminating against others, refrain from disseminating information in breach of the law, public order or common decency, refrain from gaining unauthorized access to systems, refrain from spreading viruses or other harmful programs and refrain from criminal offenses and the breach of any other statutory obligation. Capgemini Academy has the right to take measures in relation to any action or omission on the part of the Participant or Client in violation of this clause for the risk of the Participant or Client. The Participant or Client is required, at Capgemini Academy’s first written request, to immediately remove information, failing which Capgemini Academy has the right to block access to the Online Learning Environment. In the event of breach or the threat of breach of this clause, Capgemini Academy also has the right to deny the Participant or Client access to Capgemini Academy’s systems immediately and without prior notice. The foregoing is explicitly without prejudice to any other measures or Capgemini Academy’s exercise of other rights against the Participant and/or Client.
• Capgemini Academy reserves the right to exclude or remove Participants from a Training, stating its reasons for this.

Clause 11 – Liability

Capgemini Academy’s liability is limited to alternative damage compensation, i.e. compensation of the value of the (part of the) service not delivered. Any other liability is excluded, including liability resulting from any printing or typesetting errors. The damage compensation to be paid by Capgemini Academy will never amount to more than the total of the amounts already invoiced and paid on grounds of the particular agreement.