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These General Terms of Business apply to CRPM's entire offer.
Introduction
CRPM is a management training company, based at Avenue Agassiz 5 in Lausanne. CRPM develops, offers and delivers open courses as well as in-house consultancy activities. CRPM also manages outsourced complete internal management of training activities for large companies.
Purpose
These General Terms of Business apply to all the activities, training, consultation and other programmes undertaken by CRPM or one of its partners.
I. Provisions that apply to all the activities
1. Fees
All prices are in Swiss francs and exclude taxes. The applicable VAT rate is payable in addition.
All fees are payable within 30 (thirty) days of the invoice date. Any invoices that are not disputed in writing within 20 days are deemed to have been accepted.
2. Data protection
By enrolling in a course or a seminar, the client and/or the participant agree to the use of their personal data (personal details, statistics for the courses attended, adherence to the terms of payment, conduct, etc.) by CRPM.
They also consent to the use of these personal data by CRPM for its own commercial or organisational purposes. They will, however, never be transmitted outside CRPM, except in an anonymous form or in the circumstances stipulated in the provisions in clause 10.
A client is always at liberty to ask CPRM to stop sending published materials.
3. Limitations of liability of CRPM
Under no circumstances may CRPM be held liable for a technical failure of the equipment or for any other reason which is not attributable to CRPM. Irrespective of the type of service, liability on the part of CRPM is expressly limited to compensation for direct damage, with the exception of all consequential or resultant damage with loss of earnings, loss of trading, saving not made and similar. Furthermore, in view of the type of services provided, CRPM is solely liable on the basis of a best endeavours obligation, with the exclusion of the obligation to achieve a particular result.
CRPM cannot be held liable for any theft or loss of the personal property of participants or trainers that occurs during training.
4. Intellectual property
CRPM and its partners are the exclusive holders of all the intellectual property rights that pertain to the entire subject matter of the training courses, irrespective of their form (written, electronic or oral). The subject matter and teaching aids, irrespective of their form, which are provided to participants as part of a course must accordingly not be used for any other purposes. More specifically, they must not be used, transferred, copied or processed without the prior written agreement of CRPM.
5. Confidentiality
The exchanges between participants are confidential. The attention of each participant is drawn to their obligations towards the other members of the group in this connection. The trainer will keep the information on the participants, their employer, and the clients of the latter or CRPM, obtained during the courses, strictly confidential. Furthermore, the trainer will refrain from expressing negative opinions about the participants and their employer.
6. Changes to programmes and prices
CRPM reserves the right to make changes to programmes and prices at any time without notice.
II. Special provisions for open workshops (not intended for an individual company)
7. Organisation of courses
Seminars may occasionally be postponed, courses amalgamated or the venue changed for organisational reasons.
If the trainer is prevented from attending, CRPM will provide, where possible, a replacement or will propose new dates.
8. Cancellation or postponement of enrolment
An enrolment must be cancelled in writing at least 10 working days before the start of the course. In the event of withdrawal between 10 and 5 working days before the start of the course, the penalty will amount to 50% of the cost of the course. The cost of the course will be payable in full if it is cancelled less than 5 working days in advance.
If a participant is replaced by another less than 10 working days before the start of the course, a fee of Fr. 200.- is payable.
Postponement of an enrolment of a participant to a subsequent course is subject to the same conditions as cancellation.
9. Number of participants
To ensure that the courses run smoothly, and for pedagogical reasons, a minimum and maximum number of participants are determined in each case, generally and for an individual company as well. Places are allocated in the order of receipt of enrolments (subject to payment of the course within the deadline shown on the invoice).
In certain cases, where there is a reduction in the number of participants, CRPM may decide to continue holding the course nevertheless.
10. Absences
Full or partial absence from a course cannot be made up and no refund of the cost of the course will be given.
Where enrolments are made on a professional basis, information about total or partial attendance at the courses may be sent to the employer, at the request of the latter.
11. Course certificate
Participants who have attended the course throughout will receive a certificate at the end of the course.
III: Specific provisions for in-house activities (intended for an individual company)
12. Offer
The provision of a training course is normally preceded by an offer. This offer states the objectives of the course, the subject matter, the number of participants, duration, cost, any dates booked and the terms and conditions of fees and charges. The offer is not binding on either party. A written confirmation, which may also be sent by e-mail or fax, is binding on the parties.
13. Facilitation
A seminar is usually conducted by one trainer. Depending on the approach and especially on the size of the group, the offer may make provision for a second trainer. CRPM reserves the right to enlist a second trainer, at its own expense, for the purposes of assessment or training.
The trainer is chosen in accordance with the requirements of the client. If necessary, CRPM may change the trainer before or during the seminar.
14. Logistics
The client is responsible for logistics: choice of venue, reservations, invitations, transport, meals, accommodation. The equipment consists of a course room with tables arranged in a U-shape, or in accordance with the arrangement stipulated by the trainer; additional space for group work; a flip chart; a beamer; a camera dock or an overhead projector with a screen; and a pin board. CRPM may hire some equipment, if necessary. The costs of additional equipment that is required for training purposes are payable by the client.
The documentation is supplied by CRPM.
15. Schedule
The normal schedule for a training day are 9 a.m. to 5 p.m. Changes are possible, if required, and will be stated in the offer made, particularly with respect to the fees charged. The hours and costs of the training courses with a residential option are stated when the offer is made.
16. Appraisals
Participants will be given the opportunity to give an appraisal of each seminar. The appraisal form will be provided by the client or by CRPM. When the client has a training department, the original appraisal forms are sent to the client and CRPM keeps a copy. If this is not the case, CRPM will produce an anonymous summary of the appraisals for the attention of the client, in order to protect the confidentiality of the data held.
17. Cancellation or postponement
In exceptional circumstances, the client may, without any financial consequences, postpone or cancel a training event up to 20 working days before its starting date. However, if this deadline is surpassed, a postponement or cancellation may only be made by compensating CRPM. Compensation amounts to 50% of the value of the contract for a postponement or a cancellation that is made between 20 and 10 working days before the start of the training event and 100% of the value of the contract if the postponement or cancellation is notified less than 10 days before the start of the training course.
18. Authority
In the event of a serious problem with a participant, the trainer is authorised by the client to exclude the participant concerned from the seminar at any time. No refund will be given for an exclusion of this nature.
19. Discontinuation
When it is not possible to continue a seminar in acceptable conditions, the trainer is entitled to make a decision to discontinue the seminar. No refund will be given for a discontinuation of this nature. CRPM will notify the client immediately of such a discontinuation and both parties will agree on the way forward.
20. Transport
A return journey from Lausanne is charged for each day of training. The kilometres travelled by car are calculated according to the rate recommended by the Touring Club of Switzerland (TCS), a train journey at the price of a first class ticket. When the journey takes place by plane, CRPM will choose the best offer.
When courses are held over several consecutive days, and the travelling time from Lausanne to the training venue exceeds 90 minutes, CRPM will either invoice the return journeys or one return journey and the accommodation costs by prior agreement with the client.
21. Jurisdiction
All legal relations with CRPM are governed by Swiss law. The courts in Lausanne shall have exclusive jurisdiction.
CRPM reserves the right to change these General Terms of Business at any time without notice.
Version August 2010.
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