Terms & Conditions

  1. DEFINITIONS

 

For the purposes of the Contract, the terms and expressions below have the following meanings:

 

  • Client: refers to the co-contractor (to the exclusion of any consumer as defined by applicable regulations) of TURNINGPOINT mentioned in the Proposal, signatory of the Contract;
  • Terms and Conditions: refers to these Terms and Conditions;
  • Contract: refers to the totality of these Terms and Conditions, the attached Proposal, and any amendments concluded between the Parties with the same object, specifying that the Contract is concluded between the Parties at a distance;
  • Proposal: refers to the contractual document, attached to these Terms and Conditions, detailing the Services and the compensation due to TURNINGPOINT by the Client, among other things;
  • Participants: refers to the Client’s staff members who will receive TURNINGPOINT’s Services;
  • Services: refers to the services, carried out in the form of team seminars in presence of the Participants, as detailed in the Proposal, or the individual coaching services, carried out in the form of individual sessions for Participants, as detailed in the Proposal;

 

  1. PURPOSE

 

The purpose of the Contract is to detail the conditions under which TURNINGPOINT will perform its Services and the payment conditions, in accordance with the provisions in the Terms and Conditions and the Proposal.

 

  1. CONTRACT CONCLUSION PROCESS

 

After exchanging with the Client, TURNINGPOINT formulates a Proposal that takes into account the Client’s requests, noting that TURNINGPOINT provides the Client with all the information and advice to ensure a perfect fit between the proposed Services and their needs.  The validity of the Proposal is 1 month from the date it is sent to the Client by TURNINGPOINT. If the Client wishes to contract TURNINGPOINT’s Services under the conditions described in the Proposal, said Proposal must be signed by hand or electronically, in accordance with TURNINGPOINT’s instructions in this respect, by a duly authorized Client representative for the purpose of concluding the Contract, and this before the Proposal expires.  Signature of the Proposal automatically implies full and unreserved acceptance of the Terms and Conditions by the Client and renders inapplicable, without exception, any exemptions from the Terms and Conditions including any general or specific purchase conditions, written or oral, unless they have been previously and expressly accepted in writing by TURNINGPOINT.

 

  1. CONTRAT TERM

 

The Contract has a fixed term: it will come into force on the date of signature of the Proposal by the Client and end after the performance of the Services.

 

  1. TURNINGPOINT PAYMENT AND BILLING PROCEDURES

 

The total fee owed by the Client to TURNINGPOINT in return for performing its Services will be paid by the Client in accordance with the payment schedule provided in the Proposal, under the following conditions:

 

  • TURNINGPOINT shall not grant the Client any discount for early payment;
  • TURNINGPOINT invoices shall be paid within 30 days of the invoice date;
  • TURNINGPOINT invoices will be sent to the Client by email, which the latter expressly accepts;
  • The fee indicated in the Proposal covers only the performance of the Services detailed therein, to the exclusion of any other services of any type whatsoever;
  • Travel, accommodation and food expenses of TURNINGPOINT coaches will be identically invoiced to the Client by TURNINGPOINT, specifying that TURNINGPOINT will provide the Client with all supporting documents upon request.

 

  1. DATES AND LOCATIONS OF SERVICES

 

6.1 The dates, times and locations of the Services agreed upon by the Parties are detailed in the Proposal.

 

6.2 Any cancellation of Services/seminars by the Client shall be handled as follows:

 

6.2.1 For seminars:

 

  • in the event of a cancellation request emailed by the Client to TURNINGPOINT up to the 30th calendar day before the start of Services, the Client will be billed 25% (before tax) of the total cost of cancelled Services/seminars due to TURNINGPOINT;
  • in the event of a cancellation request emailed by the Client to TURNINGPOINT between the 29th calendar day (included) and the 15th calendar day (included) before the start of Services, the Client will be billed 50% (before tax) of the total cost of cancelled Services/seminars due to TURNINGPOINT;
  • in the event of a cancellation request emailed by the Client to TURNINGPOINT on or after the 14th calendar day before the start of Services, the Client will be billed the full cost of cancelled Services/seminars due to TURNINGPOINT;

 

6.2.2 For individual coachings:

 

The Client/Participant may cancel and reschedule the date of each session no more than one time at no cost or penalty if the request is made by email at least 48 hours before the scheduled start time of the session (e.g., if a session is scheduled on a Thursday at 4 p.m., the Client/Participant may cancel and reschedule it until that Tuesday at 4 p.m.). As a result of the above (i) any session canceled less than 48 hours before the start time of the session must be paid in full by the Client and (ii) any session that was previously cancelled and rescheduled and is the object of a new cancellation request, at any time whatsoever, must be paid in full by the Client.

 

6.3 TURNINGPOINT agrees to performing its Services in compliance with the provisions in the Contract, the legal and regulatory framework, and the relevant sector’s professional standards and practices.

 

7. CLAUSE ON THE CLIENT’S RESPONSIBILITY FOR LOGISTICAL AND TECHNICAL ASPECTS

 

Unless expressly stated otherwise and agreed upon by TURNINGPOINT, the client is responsible for managing all logistical and technical aspects related to the organization and execution of seminars and coaching sessions, including:
a. Providing and managing the spaces (physical or virtual) required for the sessions.
b. Setting up and overseeing the digital tools and technical support needed for the smooth delivery of the services, including videoconferencing platforms, IT equipment, and internet connectivity.

 

The client agrees to inform all participants, prior to the start of the programs, of the relevant logistical and technical details, including:
a. Access information for the sessions (locations, schedules, connection links, etc.).
b. Contact details for technical support (emergency number, email address, or other contact points).
c. Instructions for performing preliminary checks, such as connection tests or the installation of required software.

 

The client acknowledges that any failure to fulfill these obligations, including late or incomplete communication of information to participants, is their sole responsibility and may impact the proper delivery of the services. Under no circumstances shall TURNINGPOINT be held liable for disruptions or dissatisfaction arising from the client’s organizational or communication shortcomings.

 

Optional Support by TURNINGPOINT
Upon the client’s explicit request, TURNINGPOINT may offer, subject to prior agreement and additional fees, to manage some or all of the logistical and technical aspects mentioned above.

 

 

8. CONFIDENTIALITY

 

In the context of the Contract, the terms “Confidential Information” cover:

 

  • all documents, information, elements, data, etc. concerning the Client to which TURNINGPOINT will have access under the Contract;
  • know-how, techniques, documents, etc. used by TURNINGPOINT for the performance, at any stage whatsoever, of its Services;
  • the content of the Contract.

 

Each Party agrees to respect strict confidentiality in regards to the Confidential Information of the other Party, which specifically implies that the Confidential Information:

 

  • shall be used by the Parties only within the strict framework of the Contract’s performance;
  • Shall be disclosed to persons only when necessary and (i) only used by them within the strict framework of the Contract (ii) while imposing on them a confidentiality policy at least equivalent to the one contained in this article;
  • Shall be protected and kept confidential,
  • May not be copied, reproduced or duplicated, in whole or in part, other than what is strictly necessary for the performance of the Contract.

 

The obligations of the Parties provided for above will remain in force for the duration of the Contract, as well as for a period of five (5) years from the end of the Contract, for any reason whatsoever.

 

9. FAILURE TO PAY

 

In the event of total or partial failure to pay an invoice upon its due date, TURNINGPOINT reserves the right, without notice, formality, or Client compensation (i) to suspend the performance of its Services/Contract (ii) to apply late payment penalties of an amount equal to the current ECB key interest rate increased by 10 points and (iii) to request immediate payment of all amounts due by the Client to TURNINGPOINT. In any event, if, within seven (7) days of sending a formal notice by registered letter with acknowledgement of receipt, the fees due to TURNINGPOINT remain unpaid in full or in part, TURNINGPOINT reserves the right to terminate the Contract without formality, notice or Client compensation. It is understood that the Client is responsible for all collection costs incurred by TURNINGPOINT. Without prejudice to the above provisions regarding late interest penalties and in compliance with applicable regulations, the Client will owe TURNINGPOINT a flat recovery fee of 40 euros per unpaid invoice (IFFR) in the event of a late payment.

 

10. TURNINGPOINT LIMITATION OF LIABILITY

 

In terms of providing Services and executing the Contract, TURNINGPOINT is subject to an obligation of means and not an obligation of results.

 

TURNINGPOINT shall not be held liable for any intangible and/or indirect damage (including but not limited to any loss of profits, customers or data, any financial or commercial damage, any non-material damage, etc.) under the Contract.

 

In any event, TURNINGPOINT shall in no case be held liable for damage of any type whatsoever caused, directly or indirectly (i) by any breach of legal and regulatory provisions by the Client or (ii) non-compliance with the Contract provisions by the Client.

 

Without prejudice to the above stipulations, if TURNINGPOINT’s liability should be engaged under the Contract, for any reason whatsoever and on any basis whatsoever, the damages for which TURNINGPOINT would be liable, all damages combined for the entire duration of the Contract, will be limited to the sums paid by the Client to TURNINGPOINT under the Contract.

 

Without prejudice to the above stipulations, the Client may hold TURNINGPOINT liable for damage of any type whatsoever, including any direct or indirect damage, under the Contract, only within a period of one (1) year from the occurrence of said damage.

 

11. PERSONAL DATA / GDPR

 

11.1 In order for TURNINGPOINT to organize and perform its Services, the Client is required to send TURNINGPOINT the following personal data of Participants: email address, first and last name, phone number, personality test results and 360-degree evaluation (hereinafter “Personal Data”). TURNINGPOINT will restrict Personal Data usage to storage for the sole purpose of organizing and performing TURNINGPOINT’s Services for the benefit of the Client/Participants in accordance with the Contract.

 

11.2 In accordance with law n° 78-17 of January 6, 1978, as well as (EU) regulation 2016/679 of April 27, 2016 (herein the “GDPR”), the Participants/data subjects have the right to access, rectify and delete their Personal Data as well as the right to define directives for the use of said data after their death. They may also oppose, for legitimate reasons, the use of their Personal Data, request a limitation of use and request to exercise their right to the portability of their data. Data subjects can exercise all or part of their rights by sending an email on this subject to the following address: linh.delavigne@turningpoint-leadership.com. TURNINGPOINT shall make the changes or delete the information in question within a maximum period of one month from receipt of the request.

 

11.3 In any event, it is understood that:

 

  • It is the Client’s sole responsibility to obtain the agreement of the Participants, while providing them with information pertaining to applicable regulations on the use and treatment of their Personal Data by TURNINGPOINT as referred to above, prior to the collection of said Personal Data by the Client and/or TURNINGPOINT;
  • The requirement to provide Personal Data is of a contractual nature and failure to deliver said data will prevent in all cases TURNINPOINT from delivering its Services.

11.4 TURNINGPOINT commits to:

 

  • guaranteeing the confidentiality and protection of Personal Data, especially in its digital system.
  • ensuring that the persons authorized to process Personal Data agree to respecting its confidentiality;
  • ensuring that Personal Data is stored in mainland France without being transferred to another country (unless TURNINGPOINT Services are performed in a country other than France);
  • storing Personal Data only until the end of the Contract;

 

11.5 TURNINGPOINT may call on subcontractors (trainers, coaches, software platforms for psychometric tools, IT service providers, etc.) for the performance of Services. TURNINGPOINT commits to requiring guarantees identical to those taken by TURNINGPOINT under this article from said subcontractors.

 

12. DISABILITY AND ACCESSIBILITY

 

TURNINGPOINT commits to welcome any person with disabilities without discrimination and to guaranteeing equal access to its services:

  • By developing the pedagogical accessibility of training courses: by thinking about and organizing the reception of people with disabilities even before welcoming them.
  • By developing the capacity of its teams (pedagogical and others) to organize the compensation of the handicap of the persons in training, as much as necessary.
  • By ensuring that all the training center’s premises (administration / training premises) are accessible, on pain of sanctions. This obligation is imposed on all establishments receiving public (ERP);

provided that the Client informs it in advance of any situation requiring a specific adaptation.

To do so, the Client shall inform the designated Disability Advisor: Priyen Charles – priyen.charles@turningpoint-leadership.com.
In the event of TURNINGPOINT being unable to make this adaptation, the Disability Advisor commits to redirecting the participant to the competent authorities.

 

13. INTELLECTUAL PROPERTY AND KNOW-HOW

 

13.1 It is understood that all the intellectual property rights relating to TURNINGPOINT’s know-how (teaching devices, exercises, practical cases, techniques and methodology for performing the Services, etc.) and the materials used to deliver Services/training (hereinafter the “Materials”), given to the Client/Participants where applicable, remain the full and exclusive property of TURNINGPOINT.

 

13.2 Nonetheless, and to the extent that the Client has paid TURNINGPOINT in full, TURNINGPOINT grants the Client/Participants a non-giftable and non-transferable license to use the Materials, understanding, among other things, that the Client agrees to never reproduce and/or distribute the Material to third parties for free or against compensation.

 

14. INSURANCE

 

The Client guarantees that they hold an insurance contract allowing Participants to attend Individual Coaching Services and Team Seminars and that covers all the risks inherent to these types of Services, namely in the event of damage of any type caused to the Participants and/or to the persons performing the Services.

 

15. TURNINGPOINT MARKETING AND COMMUNICATION

 

TURNINGPOINT will hold the right (i) to mention the Client (using their name and/or their brand/logo) (ii) to mention the business relationship between TURNINGPOINT and the Client and (iii) to describe in general terms the services carried out on behalf of the Client in its promotional/marketing materials intended for clients and/or prospective clients, on its website and social media, as well as during public engagements/presentations.

 

16. MISCELLANEOUS PROVISIONS

 

  • The Parties will in no case be liable, towards each other, for any partial or total non-performance of their contractual obligations resulting from force majeure, which will be defined by case law at the time of the event occurrence. In the occurrence of such an event of force majeure, the affected Party must notify the other Party as soon as possible by registered letter with acknowledgment of receipt. Unless otherwise decided by the Parties, the obligations of each Party will be suspended by this notification. If the force majeure continues for more than three (3) months following this notification, each Party may freely terminate the Contract by sending the other Party a registered letter with acknowledgment of receipt.

 

  • TURNINGPOINT may freely subcontract all or part of its Services to any third-party coaches/trainers, without releasing TURNINGPOINT from its obligations under the Contract.

 

  • In the event of a contradiction between an Proposal and these Terms and Conditions, the order of priority among these documents will be as follows: the Proposal then these Terms and Conditions.

 

17. APPLICABLE LAW – JURISDICTION

 

17.1 The Contract is governed by French law, to the exclusion of any other law notwithstanding any conflict of law regulation that may be applicable.

17.2 ALL DISPUTES THAT MAY ARISE BETWEEN THE PARTIES REGARDING THE CONTRACT FORMULATION, EXECUTION, INTERPRETATION, TERMINATION OR FOLLOW-UP MUST BE BROUGHT BEFORE THE COMPETENT COURTS OF PARIS, NOTWITHSTANDING A PLURALITY OF DEFENDANTS, WARRANTY APPEALS OR REFERRED PROCEEDINGS.