STUDI General Terms and Conditions of Sale

These general terms and conditions from the Site (defined below) and freely accessible on this medium are applicable when subscribing to our Service (defined below) and together with the Registration Form (defined below) or the Professional Training Contract (defined below) or the Professional Training Agreement (defined below), or the Apprenticeship Professional Training Agreement (defined below) and the Training Program (defined below), form the Contract concluded between Us and You, which you acknowledge and accept.

DEFINITIONS

• “Registration form”: Refers to the document, which forms part of the Contract, completed and signed by the Learner registering individually. 
• “Professional Certification Commission (CCP)”: Refers to the body within France Compétences that manages and updates the RNCP and the RS.
• “General Terms and Conditions of Sale (GTC)”: Refers to this document, which forms part of the Contract.
• “Training Advisor”: Refers to the person representing the School, who actually advised the Learner for the conclusion of the Contract. 
• “Contract”: Refers to the whole consisting of the Registration Form, or the Vocational Training Contract, or the Vocational Training Agreement, or the Apprenticeship Training Agreement and the Training Program and these General Terms and Conditions of Sale (“GTC”).
• « Professional training contract »: Refers to the document, constituting part of the Contract, completed and signed by the Learner who assumes responsibility for all or part of the cost of the Service.
• « Vocational training agreement »: Refers to the document, forming part of the Contract, completed and signed by the relevant third-party funder in the event of funding.
• « Apprenticeship Training Agreement »: Refers to the document, forming part of the Contract, signed by the School, the Apprentice, and the Apprentice’s Company. This agreement defines the specific general conditions applicable to the parties.
• “Learner’s Company”: Refers to the Learner’s employer, within the framework of an Apprenticeship Training Agreement and responsible for financing the Service.
• “France Compétences”: Refers to the public actor of the State responsible for maintaining the RNCP and the RS.
• “Graduate or your money back guarantee”: Refers to the guarantee described in Article 7 herein.
• “Success Guarantee”: Refers to the guarantee described in Article 6 herein.
• « We » / « Studi » / « School »: Refer to the simplified joint-stock company « STUDI » with a capital of €6,687,175.43, registered with the Paris Trade and Companies Register under number 911 148 369 (SIRET 911 148 369 00018), and whose registered office is located at 155 rue de Charonne – 75011 Paris; its Montpellier branch: 3839 rue Georges Frêche and 635 avenue Robert Malthus – 34470 Pérols; and its Soissons branch: 3 allée des Indépendants 02200 Soissons. STUDI is represented by Mr. Pierre Charvet, its President. STUDI is a member of the Galileo Global Education group.
• « Parties »: Refers to You and Us taken together.
• « Credit institution »:

This refers to CA Consumer Finance, a lender of which Sofinco is a brand, a public limited company with a capital of €554,482,422 – 1 rue Victor Basch – CS 70001, 91068 Massy cedex, registered with the Evry Trade and Companies Register under number 542 097 522. Insurance intermediary registered with ORIAS under number 07 008 079 ( www.orias.fr ). You have a legal right of withdrawal. This advertisement is distributed by STUDI, a company with a capital of €6,687,175.43, registered with the Paris Trade and Companies Register under number 911 148 369, which is a non-exclusive banking agent of CA Consumer Finance, registered with ORIAS under number 23 002 922 ( www.orias.fr ), which assists in the execution of consumer credit transactions without acting as the lender.

• “Training program”: Refers to the document, forming part of the Contract, establishing the Learner’s training program. 
• “National Directory of Professional Certification (RNCP)” / “Specific Directory (RS)”: Refers to the inventory, managed and updated by France compétences (the competent administration at the time of signing this document), of training courses and Professional Titles corresponding to the specifications of the professional certification.
• “Service(s)”: Refers to the service(s) made available by Us, namely the services described in Articles 3 to 7, including training services.
• « Site »: As of the date hereof, this refers to the website with the URL https://www.studi.com/fr . This is the Site hosting the Service. It is understood that if the Service were to be hosted on a different URL, it would be reasonable to consider that the term « Site » would refer to that other URL.
• “Third-party funder”: Refers to a public body, including in particular skills operators or any other third-party public body, which takes partial or total responsibility for the financing of the Service, including training.
• « You » / « Learners »: Refers to any natural person benefiting from the Service.
   

These General Terms and Conditions apply to Services purchased by the Learner (either directly or through a third-party funder or credit institution) or the Learner’s Company, except for registrations made via the « moncompteformation » platform or application. In this case, the General Terms and Conditions of Use of the « moncompteformation » platform apply.

STUDI reserves the right to modify or update its Terms and Conditions at any time, after having informed the Learner beforehand. The applicable Terms and Conditions are those available and accessible on the Website on the day of registration, to the exclusion of all others.

1. PRESENTATION

STUDI is a training organization registered under activity declaration number 11 75 65568 75 with the prefect of the Ile de France region, a CFA and a private distance learning establishment declared with the Rectorate of Paris under UAI code 0756369R, whose services can be consulted on the website www.studi.com  and provided via a distance learning platform.

The President of the publication of the site, the platform and the training organization is Mr. Pierre Charvet.

The Site is hosted on Microsoft’s cloud platform (Azure), geographically located in Microsoft’s France Central data centers in the Paris region. Learn more: https://azure.microsoft.com/fr-fr/global-infrastructure/data-residency/

Contact us:

• By phone: +33(0)1 74 888 555

• By email: contact@studi.fr

• By mail: STUDI, 3 allée des Internautes – 02200 Soissons, France
   

2. OBJECT

These General Terms and Conditions apply to the Services offered by STUDI within the framework of a contractual formalizing the purchase of training (Contract or Agreement) concluded with any Learner, whether a natural person and/or any Third Party Funder and/or the Learner’s Company , regardless of the terms of their registration, whether they are self-financed and/or whether they are partially or fully responsible for their training project.

Furthermore, the obligations of the School and the Apprentice’s Company are supplemented by specific conditions contained in the Apprenticeship Training Agreement.

The General Terms and Conditions are binding on the Learner who acknowledges having read them before validating their registration and accepts them without reservation.
 

3. OUR SERVICES

STUDI offers, in particular, distance learning services, as well as ancillary services that you will benefit from and which form an indivisible whole. All services offered by STUDI are described and presented as accurately as possible on the Website. 

The Services are all available either in individual training, or as part of professional training, or even in work-study programs, and can lead to an examination session depending on the formula chosen by the Learner.

For any questions regarding the teaching methods of the distance learning programs offered by STUDI, learners can call 01 74 888 555, Monday to Thursday from 9:30 a.m. to 7:00 p.m. and Friday from 9:30 a.m. to 5:00 p.m. (free call).
Services include, in particular:

3.1. Courses  : digital educational content, library of recorded video courses or live courses (summary, in-depth, review).

3.2. Self-assessments : assessments and training in the form of quizzes and practical cases.

3.3. Personal work, depending on the training : corrected assessments, professional projects, internship report, professional dissertation, summary file of professional practice, oral practice for the defense and other orals.

3.4. Support and guidance : assistance provided by trainers via the forum, support by learner relations officers and IT technicians, personalized planning, dashboard.

3.5. Interaction between learners via communication tools and collaborative spaces (online and optional in-person depending on the training).

3.6. Practical exercises , depending on the training, the Learner can benefit from a training agreement (mandatory or recommended training) upon simple request.

3.7. One or more third-party online software and/or service(s) and the provision of written materials, depending on the training courses.

3.8. Access to examinations and competitions , depending on the training program: the prerequisites for accessing the assessments are detailed in each Training Program attached to the Contract. The Learner is responsible for the information provided when registering for the assessments organized by the competent authorities (Regional Education Authority, Certification Body, Examination Center, etc.), including information concerning their diplomas held and any potential exemptions.

3.9. Services referred to as « guarantee » which are described in Articles 6 and 7 below.

4. REGISTRATION AND ACCESS TO SERVICES 

School registration is open all year round.

4.1. The Learner’s application for registration is taken into account on the date specified in the Contract, subject to:

     4.1.1. receipt of all documents constituting the file, duly completed and signed; and 

    4.1.2. of the agreement to take charge of the training (if the training is taken charge of by a Third Party Funder) or of the first payment (if the training is taken charge of by the Learner’s Company or by the Learner directly, with or without the intervention of the Credit Institution). 

The training begins upon the granting of access to the platform and mobile distance learning applications.

4.2. The Learner accesses the Services via the distance learning platform, accessible through the internet address provided in the email sent by the School upon registration confirmation. The Learner can access it from a computer connected to the internet, as well as on tablets and smartphones via mobile applications (available for download on the Google Play and App Store app stores). In all cases, the cost of the internet connection is borne by the Learner.

4.3. Transferring a learner to another training program remains possible provided the learner requests it within the first three months of enrollment, except for programs funded by third-party providers or through the learner’s personal training account (« CPF »). If the cost of the initial training exceeds the transfer fee, no refund is possible. Otherwise, an invoice for the additional training costs will be issued without the possibility of a payment plan.

5. DURATION OF TRAINING

The Learner’s registration and the start of the training are effective in accordance with the conditions mentioned in point 4.1 of the CGV.

5.1. The initial period ends on the date chosen at the start of the training, in consultation where applicable with the Training Advisor, taking into account the planned training hours and the weekly workload to be completed by the Learner. This date is specified in the Contract.

5.2. The completion date of the training is defined by the type of training followed and according to the conditions set out in the Contract.

5.3. The end of the Contract coincides with the end date of training chosen by the Learner at the time of registration.

When a guarantee as provided for in Articles 6 and 7 below is implemented, the end of the provision of the Guarantee Service determines the end of the Contract.

6. THE « SUCCESS GUARANTEE » 

6.1. Principle and conditions

The Success Guarantee is included in the Service and is available to all Learners. It consists of maintaining the Service for the benefit of the Learner, excluding the services mentioned in points 3.6 to 3.8 of the General Terms and Conditions, for 24 months and at no extra cost, subject to compliance with the conditions below.

    6.1.1. In the event of self-financing by the Learner, financing via the Learner’s Company or via a Credit Institution , the Learner and/or more generally, the payer, must (i) be up to date with payments to benefit from the Success Guarantee, and (ii) receive the agreement of the School’s pedagogical committee, which will assess the elements of expected pedagogical progress (mandatory work, results obtained in intermediate assessments and any other information brought to its attention).

    6.1.2. If funding is provided by a Third Party, the Learner must demonstrate 100% attendance to be eligible for the Success Guarantee. If the Learner’s attendance is between 50% and 100%, the School’s Academic Committee will decide on the awarding of this guarantee. If the Learner’s attendance rate is below 50%, they will not be eligible for the Success Guarantee, except in exceptional circumstances decided by the School’s Academic Committee. The Academic Committee will objectively assess the Learner’s engagement based on the submission of required assignments, the results obtained in interim assessments, and any other information that may be brought to its attention.

6.2. Specific cases

For certifications registered with the RNCP (National Directory of Professional Certifications) and/or the RS (Skills Register), the Success Guarantee cannot exceed the validity period of the certifications in question. If a certification is not renewed by the France Compétences Professional Certification Commission or if the School decides to discontinue a certification, the School commits to providing the Learner with access to a certification it deems to be of equivalent level within the program of study at the School. If the School deems no equivalent possible, the Learner will continue to have access to the Distance Learning Service for the entire duration of the Success Guarantee, based on the initial training program.

6.3. Deployment methods 

Upon signing the Contract, the Learner, in consultation with the Training Advisor, decides on the end date of their training. Unless they indicate otherwise, the Learner automatically benefits from the Success Guarantee. If they meet the eligibility requirements by the training end date specified in the Contract, and within two months of that date, the Learner must inform the School of their wish to benefit from the Success Guarantee.

7. THE « GRADUATE OR YOUR MONEY BACK » GUARANTEE 

7.1. Principle and conditions

The « Graduate or Your Money Back » Guarantee consists of a refund of the sums paid personally by the Learner (excluding training courses funded by Third Parties, particularly via the Learner’s Personal Training Account (« CPF »), or by the Learner’s Company) for the preparation of a State Diploma or qualification registered with the RNCP offered by the School, as specified in their Contract, if they fail the final exam of the first exam or certification session presented, up to the maximum limit of the initial training period stipulated in the Contract, and under the conditions and terms described below.
The Learner may benefit from the « Graduate or Your Money Back » Guarantee provided they act in good faith and meet each of the following conditions:

    7.1.1 The Learner is up to date with the payment of their training fees.

    7.1.2. For a State Diploma, the Learner must have sent the School a copy of the proof of his registration with his academy for the first examination session presented;

    7.1.3. The Learner has submitted all assignments included in his training course before the first part of the exam;

    7.1.4. The Learner has successfully completed the mandatory internships required for the validation of the exam;

    7.1.5. The Learner has submitted their professional file, when required in the relevant certification framework, to the School at least 2 months before the date of the exam;

    7.1.6. In the case of a State Diploma, the Learner must provide the School with their exam transcript attesting to their failure and their presence at all the tests;

    7.1.7. The Learner must have attended all parts of the examination, except in cases of duly justified force majeure.

    7.1.8. The Learner was not sanctioned for cheating on the exam.

   7.1.9. The Learner has exhausted all their rights to extension of the Service, provided for in the Success Guarantee, referred to in article 6 of the CGV and limited to a period of 24 months;

    7.1.10. The Learner has not been subject to any sanctions relating to the application of the Internal Regulations

7.2. Reimbursement procedures

In order to benefit from the « Graduate or Your Money Back » Guarantee, and under penalty of invalidating their application, the Learner must submit to the School electronically, providing proof of delivery, no later than 30 calendar days after the publication of the exam results:

• All supporting documents proving compliance with the conditions mentioned in points 7.1.1 to 7.1.10 ;
• His bank details.

When the Learner meets the conditions, the School will reimburse him by bank transfer within 30 days of the date of receipt of the reimbursement request deemed complete and exhaustive.

8. SERVICE FEES AND PAYMENT TERMS

8.1. Service Fees

The prices of the Services are indicated in euros and include all taxes.

Bank charges incurred by the payment method chosen by the Learner will be borne by the Learner or covered by their funder if applicable.

The learner is also automatically exempt from the registration fees for the first exam or certification attempt, as well as for a resit session. An additional registration fee of €150 will apply beyond this first exam/certification attempt and the first resit session.

8.2. Payment terms

   8.2.1. If the training is self-funded , the Learner is responsible for paying all Service fees to the School in accordance with the financial information contained in the Contract. In this case, and in accordance with Article L.444-8 of the French Education Code, the Learner must pay a mandatory deposit of at least €70, with a maximum deposit not exceeding 30% of the training fees. The balance is payable according to the payment schedule agreed upon with the Training Advisor.

      8.2.2. If financing is provided by the Lending Institution, the Learner must submit a loan application to the Lending Institution. The Learner agrees to provide the School with a copy of the loan agreement so that the School can fulfill its obligations under Article L. 312-49 of the French Consumer Code.
The School may not receive any payment of any kind, nor any deposit, from the Learner beyond the portion of the price the Learner has agreed to pay in cash, until the loan agreement is finalized.
In accordance with Article L. 312-48 of the French Consumer Code , the Lending Institution’s obligations take effect upon commencement of the Service.
In the event that the Learner pays part of the price in cash to the School, the School provides a receipt in accordance with Article L.312-50 of the Consumer Code .

      8.2.3. If the cost is covered by a Third-Party Funder , it is the Learner’s responsibility to submit the funding request to the Third-Party Funder and ensure its acceptance. The Learner must provide the School with a copy of the Third-Party Funder’s funding agreement.

     8.2.4. In the event of coverage by the Caisse des dépôts (specific case of payment via CPF) , in whole or in part, via « moncompteformation », the conditions for coverage of the training are defined in the Registration Form.

     8.2.5. In the case of work-study training under an Apprenticeship Training Agreement and/or financing by the Apprentice’s Company,  the conditions for taking charge of the training are set out in the specific conditions attached to the apprenticeship agreement.

8.3. Regulations for attendance hours

In the event of subrogation, the hours actually completed by the Learner are billed to the Third Party Funder or to the Learner’s Company.

8.4. In the event of payment in installments

In the case of payment by installments, the amounts due will be debited on the 5th, 10th, or 20th of the month following registration, at 30-day intervals, as specified in the Contract, in consultation with the Training Advisor. If the payment schedule ends after the training completion date agreed upon with the Training Advisor, access to the service will be guaranteed until the end of the payment period. 
The Parties acknowledge that the School’s administrative department has sole discretion in accepting or refusing the payment method and in requesting an alternative payment method.

8.5. In the event of non-payment or payment incidents

Following a payment issue, the Learner must contact STUDI by phone (01 74 888 555) or email ( servicecompta@studi.fr ) to the school’s administrative department. They must send payment equal to the outstanding amount within a maximum of 10 calendar days.
If this deadline is not met, and after a formal notice to pay has been sent to the Learner, late payment penalties will be applied.

– If the debtor is a consumer learner, the legal late payment interest is applied on the basis of the legal interest rate in force.

– If the debtor is a professional, he will be required, without the need for formal notice, to pay late payment interest at a rate equal to 3 times the legal interest rate from the day of non-payment until the day of actual payment of the sums due, as well as compensation for recovery costs of 40 euros. 

Furthermore, upon discovering an unresolved payment issue, the School is entitled to: 

– to demand full payment of the remaining monthly installments 

– to suspend access to the training platform

– to suspend any ongoing internship after having previously notified the Apprentice’s Company.
 

9. RIGHT OF WITHDRAWAL

In the context of a distance contract, the Learner has a period of 14 clear days from the date of conclusion of the Contract to exercise their right of withdrawal without having to give reasons or pay penalties, with the exception, where applicable, of return shipping costs. If the fourteen-day period expires on a Saturday, Sunday, or public holiday, it is extended until the next working day.

The cancellation request can be made by regular mail to STUDI – 3 allée des Internautes – 02200 Soissons, or by email to serviceresiliation@studi.fr on plain paper or via the cancellation form available on the School’s website and as an appendix to the Terms and Conditions. The date of receipt of the notification determines the cancellation date.

In the event of exercising the right of withdrawal, the School shall reimburse the Learner for all sums already paid, as soon as possible and at the latest within fourteen days following the date on which this right was exercised.

10. TERMINATION

10.1. Termination due to unforeseen circumstances or force majeure (Article L. 444-8 of the French Education Code)
In accordance with Article L.444-8 of the French Education Code, reproduced in the appendix to these General Terms and Conditions, the Contract may be terminated by the Learner or their legal representative if, due to unforeseen circumstances or proven and substantiated force majeure, they are prevented from attending the corresponding training program. In this case, no compensation will be due.

10.2. Unilateral Termination within 3 Months (Article L. 444-8 of the French Education Code)
Until the expiry of a 3-month period from the effective date of the Contract, the Learner may unilaterally terminate the Contract without giving a reason.
Any termination by the Learner within this period will result in the application of the following termination fees:

– Training costs: compensation of 30% of the Contract price, excluding teaching materials. Sums already paid may be retained up to the amount due;

– Educational supply costs for courses including the provision of printed course materials: €100 per DCG or DSCG module, capped at €500;

– Fees for educational materials for courses not including the provision of printed course materials: €200.

10.3. Termination procedures

In the cases of termination stipulated in Articles 10.1 and 10.2 of the General Terms and Conditions, the unilateral termination request must be notified to the School by registered letter with acknowledgment of receipt, specifying the reason for termination under Article 10.1 of the General Terms and Conditions. The date of receipt of the notification determines the termination date of the Service. The School will send, within 15 days, a statement of any applicable termination fees and will refund, where applicable, any sums paid by the Learner that do not constitute payment for Services actually rendered up to the termination date. 

10.4. Absence 

Any cancellation request not falling under article 10.1 or 10.2 of the CGV will not be accepted by the School, the Service fees will be maintained in accordance with the Contract.

10.5. Special cases

For training courses funded by a third-party provider, the specific termination conditions authorized by the third-party provider apply. For any termination within 3 months, the hours completed will be invoiced to the third-party provider, and any additional costs will be requested from the learner’s company that is co-financing the training, up to a limit of 30% of the service fees.
Beyond 3 months following the effective date of the contract, the specific termination conditions authorized by the third-party provider apply, and the full service fees remaining the responsibility of the learner’s company that is co-financing the training will then be immediately payable.
For apprenticeship training agreements, the termination terms are subject to the specific conditions outlined in the apprenticeship training agreement.

11. FORCE MAJEURE

Neither Party shall be held liable to the other for any failure to perform or delay in performing any obligation under the Contract which is due to the other Party’s actions as a result of a force majeure event as defined by Article 1218 of the Civil Code.

The case of force majeure suspends the obligations arising from the Contract for the entire duration of its existence.

In the event of force majeure, either the Learner or the School may notify the other Party of the termination of the Contract by registered letter with acknowledgment of receipt, specifying the reasons for the termination and providing proof of the force majeure event. If no response is received, the termination will take effect eight days after receipt of the letter.

If the termination of the Contract occurs within the framework of force majeure, the compensation rules of article 10.1 of the General Terms and Conditions will also apply.

12. OBLIGATIONS OF THE PARTIES

12.1. Compliance with the Internal Regulations
Upon enrollment at the School, the Learner agrees to comply with the commitments outlined in the Internal Regulations, the terms of which they will have accepted upon their first login to the distance learning platform. Any proven and duly documented breach of the School’s Internal Regulations may lead to sanctions, up to and including the Learner’s expulsion at the School’s discretion.

12.2. Learner Commitment to the School’s Quality Assurance Process
The Learner commits to responding to surveys and questionnaires distributed by the School as part of their training, in order to allow the School to effectively monitor the Learner’s progress and fulfill its commitments within the quality assurance process.
If the Learner does not respond to questionnaires sent at key points in their training, the School’s Learner Relations department will contact them.

12.3. Use of Personal Code and Password by the Learner
The personal access code and password, chosen by the Learner to log in to the training platform upon confirmation of their registration, are personal and confidential.
The Learner agrees to keep their personal codes and passwords secret and not to disclose them in any way, whether for access to the Learner’s digital training platform or to access third-party software made available to the Learner as part of their training, under penalty of prosecution by the School.
The training is for the exclusive use of the Contract holder. It may not be transferred to third parties, whether free of charge or for payment. It is specified that any use of the personal code and password is the sole responsibility of the Learner.

12.4. Availability of Distance Learning Services
Distance learning services delivered via the Internet are normally accessible 24 hours a day, 7 days a week, except in cases of force majeure, events beyond the control of the School and/or the service provider, potential outages, or maintenance interventions related to the technological evolution of the training platform or necessary to ensure the proper functioning of the services.
The School undertakes to implement all available means to guarantee the accessibility and continuity of the platform’s services. The School is only bound by a best-efforts obligation regarding the continuity of access to the service.
In the event of unavailability of the distance learning services, the Learner may contact the School at the following address: contact@studi.fr to report any problems.

13. RESPONSIBILITY

13.1. Learner Responsibility
The Learner is solely responsible for choosing the distance learning services offered by the School, for storing them, and for using them in accordance with the Personal Data Protection Policy, the Internal Regulations, and the General Terms and Conditions of Use of the Digital Platform.
The Learner acknowledges and accepts the characteristics and limitations of transmitting information via the internet, as well as the associated costs of connecting to this network. The Learner recognizes that it is their responsibility to ensure that the technical specifications of their equipment allow them to access the distance learning services under optimal conditions, particularly with regard to the transmission of documents via the internet, and to take all appropriate measures to protect themselves from contamination by any programs containing a virus.

13.2. School Liability
– With respect to the Learner, the School may be held liable for any breach of its obligations.
– With respect to the funder of the Service subscribed to by the Learner (Learner’s Company, Third-Party Funders, Credit Institution), the School’s liability may only be invoked in the event of proven fault or negligence and will be limited to direct damages, excluding any indirect damages of any kind whatsoever, and in particular any loss of opportunity, profit, business, or loss of data and/or files.
– It is expressly agreed that, if the School is found liable in the performance of the Contract, the training funder may not claim any compensation or damages other than reimbursement of payments made for training fees.
The School disclaims all liability for the content of the Learner forum.

14. INTELLECTUAL PROPERTY

14.1.  The content of the Services is the property of the School and its partners. As such, it is strictly protected by copyright and intellectual property rights held by their respective owners worldwide. Consequently, any unauthorized reproduction, imitation, or representation, in whole or in part, of the trademarks, logos, distinctive signs, and content of the Services constitutes copyright infringement and may be subject to civil and criminal penalties.

14.2.  Training materials, whether printed or digital, are reserved solely for the Learner’s own use. The distribution, resale, or rental of printed or digital materials, regardless of their format, constitutes a serious breach of these Terms and Conditions and may justify the Learner’s permanent exclusion and legal action by the School.

14.3.  Any unauthorized commercial distribution of the School’s training materials (courses, exercises, videos, software), which are protected by copyright, on a personal or commercial website, or on any digital or printed medium, is strictly prohibited and will result in the Learner’s expulsion from our institution. Legal action will then be taken by the School.

15. CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA

15.1. STUDI undertakes to keep strictly confidential and not to disclose or allow to be disclosed or communicate to anyone, by any means whatsoever, the documents, data, prototypes, information, tools, software (hereinafter referred to collectively as « the Information ») transmitted by the Learner or which it may have become aware of in the course of its relations with the Learner.

15.2. For the purposes of this clause, “Personal Data” means personal data as defined by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (“GDPR”).  

STUDI acknowledges that Learners’ Personal Data and their related processing are subject to the applicable legal and regulatory provisions for the protection of personal data, including Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, applicable from 25 May 2018 and all local regulations adopted in application or supplementing the latter (hereinafter collectively the « GDPR ») and each of them undertakes to comply with the GDPR. 

In this respect, STUDI commits to:

– To process the data only for the sole purpose(s) which is the subject of the execution of the Contract or the Professional Training Agreement and the execution of its legal and regulatory obligations;

– Ensure the security of personal data and implement appropriate security measures;

– Manage data retention in accordance with the retention period guidelines;

– STUDI ensures the Learner’s right of access and rectification, deletion, objection and portability.

For any questions relating to this personal data protection section or for any requests concerning your personal data, you can contact us by sending an email to  dpo@studi.fr.
If you would like more information on personal data protection or to file a complaint:

    National Commission for Information Technology and Civil Liberties (CNIL)
    3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07
    Telephone: +33 (0)1 53 73 22 22
   https://www.cnil.fr/fr/adresser-une-plainte

16. SUSPENSION OF ACCESS TO DISTANCE LEARNING SERVICES

The School reserves the right, after written notification to the Learner, to suspend access to the Services in the event of a breach of Article 8 concerning the terms of payment of training fees, Article 12 concerning the obligations of the parties, and Article 14 concerning intellectual property.
This suspension of access to the distance learning services does not relieve the Learner of their obligation to pay training fees, and the School will not be liable for any reimbursement.
Should these breaches persist for one month after sending a registered letter with acknowledgment of receipt, STUDI may terminate the contract. 
 

17. LEGAL GUARANTEE OF CONFORMITY

The consumer is entitled to invoke the legal guarantee of conformity if a lack of conformity arises during the performance of the Contract, starting two years from the date the digital content or service was provided. During this period, the consumer is only required to prove the existence of the lack of conformity, not the date on which it appeared.

The legal guarantee of conformity entails an obligation to provide all updates necessary to maintain the conformity of the digital content or digital service during the execution of the Contract.

The legal guarantee of conformity gives the consumer the right to have the digital content or digital service brought into conformity without undue delay following their request, free of charge and without major inconvenience to them.

The consumer can obtain a price reduction by keeping the digital content or digital service, or they can terminate the contract and receive a full refund in exchange for relinquishing the digital content or digital service, if:

1° The professional refuses to bring the digital content or digital service into compliance;

2° The compliance of the digital content or digital service is unjustifiably delayed;

3° Bringing digital content or digital services into compliance cannot be done without imposing costs on the consumer;

4° Bringing digital content or digital services into compliance causes a major inconvenience for the consumer;

5° The non-compliance of the digital content or digital service persists despite the professional’s unsuccessful attempt to bring it into compliance.

The consumer is also entitled to a price reduction or termination of the contract when the lack of conformity is so serious that it justifies an immediate price reduction or termination. In such cases, the consumer is not required to request that the digital content or service be brought into conformity beforehand.

In cases where the lack of conformity is minor, the consumer is only entitled to cancel the contract if the contract does not provide for the payment of a price.

Any period of unavailability of the digital content or digital service for the purpose of bringing it into compliance suspends the warranty that remained to run until the provision of the new compliant digital content or digital service.

These rights result from the application of articles L. 224-25-1 to L. 224-25-31 of the Consumer Code.

A professional who obstructs in bad faith the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased up to 10% of the average annual turnover (Article L. 242-18-1 of the Consumer Code).

The consumer also benefits from the legal guarantee against hidden defects, pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the digital content or service is retained, or to a full refund upon surrender of the digital content or service.

18. APPLICABLE LAW AND DISPUTE RESOLUTION

The Contract shall be executed and interpreted in accordance with French law.
Before any legal proceedings, the parties shall seek to reach an amicable agreement.

When a student has submitted a written complaint to the school and is not satisfied with the response, they may, in accordance with Article L. 612-1 of the French Consumer Code, initiate a free mediation process for amicable resolution. The mediator must be contacted within one year of the initial complaint to STUDI.

The competent mediator can be contacted directly online at the following address: https://cm2c.net/ or CM2C, at the address 49 rue de Ponthieu 75008 PARIS.

The Learner also has the option of contacting the European online dispute resolution platform available via the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR .

The purpose of this platform is to offer consumers amicable dispute resolution procedures provided by entities qualified to handle disputes between consumers and businesses or liberal professions located in the European Union.

In the absence of an amicable settlement, the dispute will be brought before the competent courts and, if the law allows, before the courts within the jurisdiction of Montpellier.

Any request for information or complaint relating to the CGV must be sent by email to mediation@studi.fr.

In the event that a contractual clause is deemed invalid, this does not invalidate the general terms and conditions.

On the other hand, the temporary or permanent non-application of one or more clauses of the CGV by the School cannot be construed as a waiver by the School of the other clauses of the CGV which continue to produce their effects.
 

Appendix – Article L.444-8 of the Education Code:

« On pain of nullity, the contract can only be signed after a period of seven days following its receipt.

The contract may be terminated by the student, or their legal representative, if, due to unforeseen circumstances or force majeure, they are prevented from attending the corresponding course. In this case, no compensation will be due.

Until three months after the contract’s effective date, the student may unilaterally terminate the contract upon payment of compensation not exceeding 30% of the contract price, excluding supplies. Any sums already paid may be retained up to this amount.

Books, objects or materials which the contract provided for the provision to the student and which were actually delivered by the date of termination, remain the property of the student for the value estimated in the contract.

No more than 30% of the agreed price, excluding supplies, can be paid in advance.

For courses with a total duration exceeding twelve months, the 30% is calculated on the price of the first academic year as provided for in the study plan.

The contract must, under penalty of nullity, reproduce the provisions of this article. It may not contain a clause conferring jurisdiction.