The purpose of these general terms and conditions are to define the conditions under which the services of the private limited company SMAT FORMATION LTD (SMAT), whose head office is located at 71-75 Shelton Street, Covent Garden - London WC2H, are to be provided. 9JQ - UK (Registered in England and Wales under number 08508364)
1.1 Unless otherwise stipulated, all SMAT offers, interventions and services are subject to these general conditions. These are deemed accepted by the customer as soon as the order is placed, without any restrictions or reserve (contract signature, e-mails agreement, etc.). The customer therefore renounces to use any contradictory document including its own general conditions and / or particularities, even if they provide that they apply exclusively. Any waiver of these terms and conditions must, to be valid, have been previously and expressly approved in written document by SMAT.
1.2 The present general conditions specify in particular the conditions of order, payment, delivery. They can be consulted at any time by clicking on the link "general conditions of sale" on the home page of the smat-formation.com website. [Thus, any order placed by a customer with SMAT will imply the final and irrevocable agreement of the customer on all of the terms and conditions presented below.]
2 - Offers and Quotes
2.1. SMAT's offers are made without any commitment on its part. They only bind SMAT from the moment they have been expressly accepted by the customer and after written confirmation, sent by post or electronically, of the customer's order by SMAT. Unless otherwise stipulated, SMAT offers or quotations are valid only for a period of 10 days from their dispatch. After this period, the customer must request the establishment of a new offer by SMAT. When an offer or an estimation is established by SMAT, the special conditions of these documents modify or supplement these general conditions.
2.2. In the absence of any contractual document, it is expressly agreed between the customer and SMAT that the emails exchanged between the parties can be used to establish a commercial relationship and thus constitute a regular proof of the existence of an order and its acceptance.
2.3. A deposit of 30% minimum is required at the order without any justification, the balance being payable accordingly to the terms specified below.
2.4 The customer can prematurely cancel his order only with the payment of a cancellation indemnity equal to 30% of the time of the order, or 60% if the cancellation occurs 3 weeks before the start of execution. In the case where it is already paid, the customer will receive a voucher (valid for 1 year).
2.5. Any modification of order during the execution, as well as any change of use or diffusion of the creations or delivered materials, may result in a revision of the price initially agreed, without prejudice to the right of SMAT to oppose the modifications that undermine to his intellectual property rights.
2.6. SMAT reserves the right to postpone any training that has not reached the minimum number of 5 registrations, without the client being able to retract.
3- Delivery - Deadlines
3.1. The "delivery" is considered perfect on the day of the first presentation to the customer.
3.2 The "delivery" deadlines are only given as an indication and do not begin until the delivery to SMAT of all the elements necessary to complete the order. The deadlines incumbent on SMAT are automatically extended by any event beyond its control and making it impossible or difficult to perform its services for as long as this event lasts, including technical, logistical or IT problems. These fortuitous delays do not authorize the customer to cancel his order or claim any compensation from SMAT.
4 - Price and billing
The prices of SMAT are those in force on the day when the Quotation is sent to the customer. Unless otherwise stipulated, the prices of SMAT are expressed in Euro and are inclusive of VAT (if applicable). If the services rendered materialize in the form of electronic files, the invoice price takes into account the costs of transmission through the network. If, on the other hand, other modes of sending are chosen by the Customer, the additional costs relating there will be charged to the customer. The costs related to hosting or maintenance services that would be assumed at the request of the Customer by SMAT, whether directly or indirectly, are payable in advance,
5.1 SMAT offers basic or complementary services and in particular, within this list, which is not being exhaustive: - Course TCCC course, CLS MIRA, CPO, IED, HEAT .... - Protection of goods / people - Sale of equipment - Medical assistance in hostile environment ...
5.2 All work will be scheduled upon receipt by SMAT: - of the express acceptance of the Quotation or the Offer established by SMAT at the request of the customer - and the payment of the deposit or the totality required by SMAT in accordance with the Article 2.3 above.
5.3 SMAT reserves the right to refuse any services and any work manifestly contrary to good morals, racist and / or illegal. The services provided to SMAT by the Customer are under its sole responsibility. If the Client were to give up his project for any reason whatsoever, fault shall not not attributable to SMAT, he can not be dissociated from the contract except by payment of the indemnity of withdrawal provided for in article 2.4 above.
5.4. Unless otherwise agreed for the provision of services, If the contract provides for the delivery of physical media, additional costs will be charged to the customer.
The customer guarantees to SMAT that the elements that he gives him are certified exact for the execution of his orders / formations and can be freely used and without any restriction to execute these tasks, and he exonerates him of any responsibility in this regard. In particular, it will guarantee SMAT against any recourse by a third party claiming rights in said elements. The customer will also be unharmed from any harm.
7.1 Unless otherwise stipulated (training), all our invoices are payable on the date of issue of the invoice (in Euro). Payment is made by transfer to the SMAT account mentioned on the invoice. Any bank and exchange fees that could eventually be charged to SMAT will be billed back to the customer.
7.2 Any invoice is deemed accepted in the absence of precise dispute communicated to SMAT by the customer to registred mail within 8 days of receipt of the invoice. After this period, any claims of the customer will no longer be taken into consideration by SMAT.
7.3 In the event of no payment on the due date, the sums due to SMAT will, by right and without prior notice, be increased by an interest at the monthly rate of one per cent (1%) from their due date. month started being deemed to have elapsed, as well as an irreducible fixed and contractual indemnity equal to 10% of the unpaid amount, with a minimum of € 75. In case of default or late payment, SMAT further reserves the right to suspend any delivery or service to the customer, in relation or not with the unpaid order (s) and until the full refund of all amounts still due, including compensation and interest for late payment.
Any complaint must be reported by writing to SMAT and duly motivated by the Customer. No complaints is admissible if it has not been addressed to SMAT within 8 days after signature or receipt of invoice, by registred mail.
9 - Responsibilities
9.1 The review of the offers announced by SMAT in accordance with the purchase order is the responsibility of the Customer, who therefore assumes full responsibility. No compensation can therefore be claimed from SMAT as such.
9.2. SMAT can only be held accountable for the works, studies, creations or projects that it has itself carried out.
SMAT undertakes not to disclose any confidential information provided by the Customer. The customer undertakes not to divulge any confidential information provided by SMAT, on SMAT or its Staff
Failure to pay on the due date, protest, any notice of seizure, any application for judicial reorganization proceedings, suspension of payment, even unofficial, the opening of bankruptcy proceedings or any other fact that indicates insolvency of the customer, result in forfeiture of the term granted for payment, make immediately payable all the invoices not yet due for any work whatsoever, and give SMAT the right to terminate the contract (s) in progress without notice or indemnity.
English law is applicable. In the event of a dispute between the parties, the courts of the judicial district of London have sole jurisdiction.