By accessing or using Open Mind Innovation’s Services, the Customer agrees to be bound by these General Terms and Conditions of Sale (hereinafter, the “GTCS”). The stipulations detailed in these GSC may be waived by special conditions included in the contract between the Customer and Open Mind Innovation (“the Service Provider”).
The purpose of these general terms and conditions of sale is to set out the terms and conditions for the provision of services by the Service Provider, for the benefit of the Customer and Users, within the framework of a quotation, an order or an invoice.
For services related to training, a training agreement and any amendments thereto supplement the quotation and/or invoice, and express the full obligations of the parties in addition to these General Terms and Conditions. These General Terms and Conditions of Sale supersede any previous agreement, correspondence or writing.
“Virtual Reality Assessment”: an immersive experience via a virtual reality headset, capturing behavioral and physiological measurements to assess human skills and psychological well-being.
“Customer”: refers to any person purchasing Services for the benefit of Users.
“General Terms of Use” of the Platform: refers to the terms that define the conditions of use of the Platform. They also define the relationship between the user and Open Mind Innovation.
“Contract”: refers to the documents governing the Services subscribed to by the Customer from Open Mind Innovation and the sale of Products, i.e. order forms, quotations, invoices, and these GTS.
“GTC”: refers to these general terms and conditions of sale and their appendix(es).
“Platform” refers to the set of information systems developed by Open Mind Innovation and accessible in SaaS mode, which aims to assess stress management and decision-making through online questionnaires and games. It includes the back office and the User database.
“Platform”: refers to the set of online questionnaires and games used for Virtual Reality Mapping and Assessment.
“Cartography” refers to the set of online questionnaires and games developed by Open Mind Innovation and accessible in SaaS mode, designed to assess human skills and psychological well-being.
“Service”: service offered by Open Mind Innovation aimed at assessing human skills and psychological well-being and providing support for their improvement through the use of the Platform, Mapping, Virtual Reality Assessments and associated Restitutions.
“Restitution”: refers to the interview between the User and the coach or psychologist who follows him/her, in order to report on the results and assessment and to establish a possible action plan.
“Users”: refers to the natural persons benefiting from the Services.
All orders for customized programs, the supply of software and technological solutions, and in-company or inter-company training are subject to acceptance of a quotation detailing the services offered and their price.
Placing an order implies that the customer’s needs and any prerequisites for entering the training program have been validated.
For orders for services performed on the customer’s premises, the customer undertakes to ensure that the premises assigned to the services ordered and performed on its own premises comply with ERP standards and regulations, and comply with training regulations.
Depending on the situation, training services can be provided on an individual or group basis, either in-house or on an inter-company basis.
The Service Provider undertakes to carry out the services specified in the quotation in accordance with the rules of the trade and in the best possible manner. This obligation is only an obligation of means.
The Customer shall make available to the Service Provider all information, material and technical resources that may contribute to the proper performance of the services. The Customer is solely responsible for the proper functioning of its information system and Internet connection, which enable access to the Platform.
For services performed on the Customer’s premises, the Service Provider undertakes to comply with the Internal Regulations and health and safety instructions in force.
Psychologists, professional coaches and trainers who work with Users have access to the Platform via a personal and confidential login and strong password.
The Service Provider reserves the right to suspend or restrict access rights and the validity of identifiers if it is informed of or suspects a breach of the obligation set forth herein, of the general terms and conditions of use of the Platform, or of any other security obligation by the Customer or a psychologist.
The price of the service is indicated in the estimate or training agreement. Payment terms are generally 30 days from receipt of invoice. Any other payment terms requested by the customer must be indicated in the signed quotation.
For services related to training: an invoice for the entire course will be issued at the start of the training. The only exception concerns coaches, psychologists and other human development professionals taking part in training courses designed for them, for whom the certification stage is invoiced in addition to the initial tool familiarization stage.
Training services can be paid for directly by the company, by a financial intermediary or by the participant personally.
For bespoke support services and the publication of technological supports: an invoice is issued to the customer upon commitment of the service by means of a signed quotation for 50% of the service amount, and 50% upon completion of the service. Any other invoicing method desired by the customer must be indicated in the signed quotation. Price changes can only be made by means of an amendment to the quotation. The price always excludes VAT.
Expenses incurred by the Service Provider, including travel, accommodation, meals and ancillary expenses necessary for the performance of the service will be mentioned in the quotation, in the form of a lump sum of estimated expenses for the service or actual expenses. Generally speaking, travel and accommodation expenses outside the Paris region are not included in Omind Neurotechnologies’ rates. They will be billed on the first invoice issued. If the customer accepts the flat-rate costs set out in the quote, he/she may not go back on this amount, nor may he/she request supporting documents or actual payment. If the Customer does not accept payment of a flat-rate fee before signing the quotation, the Customer may demand an actual statement of costs. In this case, unless otherwise specified, invoices must be paid on receipt and without discount.
In the event of late payment, the following will be immediately applicable and payable by operation of law: late payment penalties at the BCE rate increased by 10 points, a penalty clause of 20% of the sales price excluding tax, immediate payment of invoices not yet paid; suspension or cancellation of the performance of services, without this giving rise to damages for the Customer.
The Service Provider shall treat as strictly confidential, and shall not disclose, any information, document, data or concept which may come to its knowledge in the course of this contract. The Service Provider shall not be held liable for disclosure if the elements disclosed were in the public domain at the date of disclosure, or if the Service Provider had knowledge of them, or obtained them from third parties by legitimate means.
For services related to training, a certificate will be available on request or on the Service Provider’s website at the end of the training course. The Service Provider cannot be held responsible for non-receipt of the invitation to attend, regardless of who it is sent to at the Customer’s premises, particularly in the event of absence of the trainee(s) from the training course. In case of doubt, it is the Customer’s responsibility to ensure that his trainees are registered and present at the training session.
In the event of cancellation, interruption or absence of a service, for any reason whatsoever, for any cause outside the control of the Service Provider, and apart from the cancellation rules set out below, any quotation, training agreement or invoice accepted remains payable in full. In the following specific cases:
For all services requiring a Virtual Reality Assessment:
For individual services at the service provider’s offices :
In the case of Virtual Reality Assessments carried out on an external site or one provided by the Customer, requiring the Service Provider and his equipment to travel, the services initially planned with the Customer cannot be cancelled and are due in full.
For in-company training services :
All training cancellations must be notified to the Customer by e-mail or post, or by any other means made available by the Service Provider – in which case written confirmation from the Customer is required, and an acknowledgement of receipt will be sent by the Service Provider as soon as possible. A total or partial cancellation will result in the invoicing of 30% of the amount of the signed quotation, regardless of the cancellation period, corresponding to the costs of pedagogical engineering and setting up the service. In addition, if the dates of the services have been agreed with the client, the calendar invitation being taken as proof, 50% of the price will be invoiced in proportion to the volume of cancellations. Finally, in the event of cancellation after the training course has been launched with the participants (with invitations and individual access to the platform in the case of individual courses), the full price corresponding to the signed quotation will be invoiced. Please note that any postponement less than two weeks before the start of the course will be considered as a cancellation.
For training services provided on an inter-company basis :
All training cancellations must be notified to the Customer by e-mail or post, or by any other means made available by the Service Provider – in which case written confirmation from the Customer is mandatory, and an acknowledgement of receipt will be sent by the Service Provider as soon as possible. A total or partial cancellation will result in the invoicing of a deduction of 30% of the amount of the signed quotation, regardless of the cancellation period, corresponding to the costs of pedagogical engineering and implementation of the service. Cancellations received less than one month before the scheduled training date will incur a charge of 50% of the price, prorated to the number of cancellations. Finally, in the event of cancellation less than two weeks before the scheduled date of the session, the full price corresponding to the signed quote will be invoiced. Please note that a postponement less than two weeks before the start of the session will be considered as a cancellation.
For training courses for coaches, psychologists and other human development professionals :
The entire course may not exceed 4 months, including certification, from the start date of the program (receipt of the e-learning link). In the event of failure to complete the course within the allotted time, the full course fee will be payable in all cases.
For rights of access and use of the Platform and maintenance and support services :
Use credits created by Open Mind Innovation must be used within 12 months. They cannot be cancelled after the withdrawal period stipulated by the applicable law.
For services related to intra-company or inter-company training, the Service Provider reserves the right to cancel any service in the event of a lack of participants, problems with the supply of materials or technical problems, without compensation. In such cases, participants will be notified as soon as possible before the start date of the service, and their registration will automatically be carried over to the next session date. The Service Provider reserves the right to charge a cancellation fee of up to 100% of the services rendered in the event of the customer failing to attend the next scheduled session.
The Service Provider declares that it holds a Professional Civil Liability policy. The Service Provider limits its liability resulting from the performance or non-performance of the obligations described in this contract to an amount equal to the annual limit per claim defined by the policy in force on the date the Contract is taken out. The Customer agrees to waive any recourse against the Service Provider beyond the limit of the sums incurred in respect of the service and undertakes to have his insurer waive such recourse under the same conditions.
The Contract may be terminated by either party: 1. ipso jure in the event of force majeure, disappearance, disability or death; 2. after one month’s notice in the event of duly recorded default by any of the parties in the event of breach of a principal obligation; 3. When the contract is for an initial period of more than three months, or after renewal, termination may be requested by either party, subject to two months’ notice from the date of first presentation of the registered letter with acknowledgement of receipt. In all cases, the sums received and those invoiced by the Service Provider for services rendered shall be retained by the latter, and the payment deadline shall be reduced to the effective date of termination at the latest.
It is expressly stipulated that each party retains exclusive ownership of its intellectual property and related assets, in particular copyrights, patents, software, designs and models. Documents, software or service media may not be used without the express written authorization of the Service Provider.
The personal data of Users as natural persons is processed to enable the provision of services.
The Service Provider acts as a subcontractor and complies with all applicable regulations on personal data and in particular the RGPD. The Customer is the data controller.
Terms relating to the processing of personal data can be found in Appendix 1 of the present document.
The Customer authorizes the Service Provider to mention the Customer’s name and logo as a reference to the work carried out under this contract, in particular via its general media presenting its company and its activity (web, presentation brochures). Any communication action more precise and detailed than a simple mention of the Customer and the object of the mission (e.g. webinar, case study) on the services will be subject to prior validation by the Customer before any publication in the public domain.
In application of the law on illegal employment and its implementing decrees, the Service Provider certifies that in the event that it uses one or more employees or one or more service providers for the performance of the present contract, the services covered by the contract will be performed by employees duly employed or service providers working in a valid and regular manner.
This contract is governed by French law. The parties agree that in the event of any dispute concerning its interpretation, performance and/or termination, they will endeavor to reach an amicable settlement. In the absence of an amicable agreement, the Commercial Court of the location of the service provider’s registered office shall have sole jurisdiction.
OPEN MIND INNOVATION SAS
7 Place du 11 Novembre 1918 – 93000 Bobigny
Tel: +33 (0)1 88 32 01 23 – www.omind.me
Contact: formation@omind.me – RGPD: dpo@omind.me
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