Standard terms & Conditions

The MyTraining Passport, My eLearning Hub, MyAsset Passport, MyTime Attendance Manager, MyPermit Manager and MyForm Manager are all owned and operated by Plus Dynamique EURL in France.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to ensure you fully understand.

Application

1. These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you). We are Plus Dynamique EURL a company registered in France with SIREN 940138803 whose registered office is at Zone Aquatechnique, 11 Rue de Berlin, 34200, Sete, Hérault, 34200, France with email address contact@plusdynamique.net (the Supplier or us or we).
2. These are the terms on which we sell all Services to you. Before placing an order for Plus Dynamique services, you will be asked to agree to these Terms and Conditions by signing the order form. You can only purchase the Services if you are eligible to enter into a contract for yourself or on behalf of your organisation.

Interpretation

3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the supply of the Services;
5. Delivery Location means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order;
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
8. Order means the Customer’s signed quotation and purchase order number for the Services from the Supplier.
9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
10. Services means the services advertised on the Website.
11. Website means our website https://plusdynamique.net (and any product domains or sub domains) on which the Services are advertised.

Services

12. The description of the Services and any Goods is as set out on our website, catalogues, brochures or other forms of advertising. Any description or images is for illustrative purposes only and there may be small discrepancies in the appearance or functionality of service supplied.
13. In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
14. All Services which appear on the Website are subject to availability.
15. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Customer responsibilities

16. You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary consents (unless otherwise agreed).
17. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the contract with immediate effect on written notice to you.

Personal information and Registration

18. When registering to use the Website you must set up a password. You remain responsible for all actions taken under your email address and password and undertake not to disclose your password to anyone else and keep it secret.
19. We retain and use all information strictly under the Privacy Policy.
20. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale

21. The description of the Services on our website does not constitute a contract or offer to sell the Service. When a quotation is accepted by you and an Order has been submitted, we may reject it for any reason, although we will try to tell you the reason without delay.
22. A contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order, you agree to us giving you confirmation of the contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the contract, but in any event not later than the delivery of any Goods supplied under the contract, and before performance begins of any of the Services.
23. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 30 days from its date unless we expressly withdraw it at an earlier time.
24. No variation of the contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
25. We intend that these Terms and Conditions apply only to a contract entered into by you as a B2B Customer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a consumer.

Fees & Payment

26. The fees (Fees) for the Services, is that set out on the quotation you accept and provide the Purchase Order Number for. Prices for Services will be calculated on a subscription size / calendar month basis. Services are Invoiced monthly in arrears. Increases to subscription size within the month, will automatically be calculated at the end of the month and reflected in your invoice for additional subscription. You cannot decrease your subscription package than originally taken out at the start of the contract
27. Fees and charges exclude TVA/VAT at the rate applicable at the time of the Order.
28. You must pay for services within 30 days of invoice.

Delivery

29. We will deliver the Services within reasonable time
30. In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
31. In any case, regardless of events beyond our control, if we do not deliver the services on time, you can (in addition to any other remedies) treat the contract at an end if:

a. we have refused to deliver the services, or if delivery on time is essential taking into account all the relevant circumstances at the time the contract was made, or you said to us before the contract was made that delivery on time was essential; or b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.

32. If you treat the contract at an end, we will (in addition to other remedies) promptly return all outstanding payments made under the contract.
33. If you were entitled to treat the contract at an end, but do not do so, you are not prevented from cancelling the Order for any Services or rejecting Services that have been delivered

Withdrawal and cancellation

34. You can withdraw the Order by telling us before the contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
35. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods and services (with no others) in the following circumstances

a. goods that are made to your specifications or are clearly personalised;

b. goods which are liable to deteriorate or expire rapidly.

Right to cancel

36. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
37. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier, indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of services only (without goods), the cancellation period will expire 14 days from the day the contract was entered into. In a contract for the supply of goods over time (i.e. subscriptions), the right to cancel will be 14 days after the first delivery.
38. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement setting out your decision (e.g. a letter sent by post or email). In any event, you must be able to show clear evidence of when the cancellation was made.
39. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Conformity

40. We will supply the Services with reasonable skill and care.
41. We will provide the following after-sales service: Support and maintenance of the PlusDynamique.net Website.
42. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the contract (which we must comply with) if you take it into account when deciding to enter this contract, or when making any decision about the Services after entering into this contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this contract or later).

Duration, Termination and Suspension

43. The contract continues as long as it takes us to perform the Services. i.e. 12 months for My Training Passport
44. Either you or we may terminate the contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other

a. commits a serious breach, or series of breaches resulting in a serious breach, of the contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or

b. is subject to any step towards its bankruptcy or liquidation.

45. On termination of the contract for any reason, any of our respective remaining rights and liabilities will not be affected.

Successors and our sub-contractors

46. Either party can transfer the benefit of this contract to someone else and will remain liable to the other for its obligations under the contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances beyond the control of either party

47. In the event of any failure by a party because of something beyond its reasonable control

a. the party will advise the other party as soon as reasonably practicable; and

b. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery (and the right to cancel below).

Privacy

48. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to personal information.
49. These Terms and Conditions should be read alongside, and are in addition to all our policies, including our privacy policy.
50. For the purposes of these Terms and Condition

a. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.

b. ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.

c. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.

51. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.

52. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:

a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;

b. we will only Process Personal Data for the purposes identified;

c. we will respect your rights in relation to your Personal Data; and

d. we will implement technical and organisational measures to ensure your Personal Data is secure.

53. For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following e-mail address: support@qualifiedfor.com.

Excluding liability

54. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the contract was made, or (ii) loss (e.g. loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer – because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.

Governing law, jurisdiction and complaints

55. The contract (including any non-contractual matters) is governed by the law of France.
56. Disputes can be submitted to the jurisdiction of the courts of France.
57. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.