Cadratin

Logo_Cadratin

Terms of Sales

The general conditions of sale described below detail the rights and obligations of Cadratin Software and its customer in connection with the sale of the following products and services: Cadratin CX software range, its modules and extensions, training on the various range products. Any service provided by Cadratin Software therefore implies the purchaser’s unreserved acceptance of these general conditions of sale.

A) TERMS OF THE CADRATIN SOFTWARE LICENSE AND ASSOCIATED SERVICES
1. LICENSE RESTRICTIONS
Cadratin Software grants you a license to use the Cadratin software via a fixed fee (license purchase) or via a periodic fee (annual program).
This software, the structure of the database and the related commercial and technical documentation, contain elements protected by copyright and reproduction rights, design secrets, as well as other elements on which are attached property rights. You are prohibited from practicing reverse engineering, decompiling or disassembling the software in whole or in part, in compliance with the conditions of article L.122-6-1 of the intellectual property code. You are also prohibited from modifying, adapting, translating, selling, renting and lending the software and creating any derivative work from all or part of the software. You may not transmit the Software from one computer to another electronically, over a network, over a telephone line, over radio waves, or by any other means except for backup purposes. Under no circumstances may you distribute copies of the software or related documentation, in whole or in part. You may transfer the software from one system unit to another, provided that it resides and is used on only one computer at a time. To use the software on one or more other central units, you must acquire license extensions. This license authorizes you to make one copy of the software solely for backup purposes.
2. WARRANTY LIMITATIONS
Cadratin Software guarantees that the Cadratin software essentially conforms to the needs of a standard user. The software and its documentation are provided as is without guarantee of suitability for a specific or particular use. All risks relating to the results and performance of the software are assumed by the purchaser. The customer acknowledges having evaluated the software in depth (for example via the free trial version) to verify that it is well suited to his needs before deciding to purchase. Cadratin Software’s obligation to provide advice is only exercised in writing on contractual documents and on the basis of specifications submitted to it by the customer prior to their order. Cadratin Software excludes any other guarantee of suitability for a specific or particular need of which it would not have had prior knowledge.
3. LIMITATIONS OF LIABILITY
Unless otherwise provided in public order, Cadratin Software or its service providers cannot under any circumstances be held liable for direct or indirect damages (including loss of earnings, business interruptions, loss of information and data recorded or any losses of another nature) resulting from a delay or a failure committed by Cadratin Software in the supply or the absence of supply of the initial software and subsequent updates, even though Cadratin Software or its suppliers would have been informed of the possibility of such damages. Cadratin Software cannot be held responsible for operation that does not conform to the user’s expectations, for any defect or malfunction, technical failure, particular unsuitability for a specific need, improper use or non-compliance by end users, or a lack of functionality in the software, both in the version initially delivered and in subsequent updates. In addition, the customer undertakes not to seek the liability of Cadratin Software and its service providers for a loss of earnings suffered by a third party or for a claim or legal action directed or brought against the customer by a third party. In any event, the liability of Cadratin Software or its service providers may in no case exceed the amounts actually paid for the right of use over the last 12 months.
4. FORCE MAJEURE
Cadratin Software cannot be held liable if the non-execution or the delay in the execution of one of its obligations described in these general conditions of sale results from a case of force majeure. As such, force majeure means any external, unforeseeable and exceptional event within the meaning of article 1148 of the Civil Code.
5. REIMBURSEMENT LIMITATIONS
An evaluation version including all software modules and only limited in time (up to 4 periods of 15 days) is available free of charge on our website accompanied by remote assistance (telephone, email or via sending messages directly from the software). Users are encouraged to fully evaluate the software before purchasing a new license, upgrade, or annual plan to verify that it meets their needs. New licenses, updates, extensions or annual fees for the Cadratin software ordered are only refundable in the event that the license code has not yet been issued by our services, failing which no cancellation of the order is possible. In accordance with Article L. 121-21.8 of the Consumer Code, the customer is informed that he cannot exercise his right of withdrawal, which he expressly waives, as soon as the software is delivered by dematerialized means.
6. PRICE
The prices of the products and services sold are those in effect on the day the order is taken. They are denominated in euros and calculated excluding taxes. Consequently, they will be increased by the VAT rate applicable on the day of the order. Cadratin Software grants itself the right to modify its prices at any time. However, it undertakes to invoice the products and services ordered at the prices indicated when the order is registered.
7. PAYMENT TERMS
Payment for orders is made by cheque(s), bank transfer(s) or SEPA direct debit(s). When registering the order, the buyer must pay the total amount of the invoice, unless otherwise stipulated in a payment schedule.
8. PAYMENT DEADLINES
The deadline is agreed between companies and specified to the buyer on the offer issued by Cadratin Software to settle the sums due without exceeding 45 days from the end of the month or 60 days from the date of issue of the invoice; in the absence of special provisions in the general conditions of sale or stipulated on the price offer such as cash payment, the price must be paid on the thirtieth day following the date of receipt of the products or performance of the service requested (law no. 2008-776 on the modernization of the economy (LME) of August 4, 2008 supplemented by law no. 2014-344 of March 17, 2014 relating to consumption).
9. LATE PAYMENTS
In the event of total or partial non-payment of the products delivered on the day of receipt or of the services performed on the day of the service, the buyer must pay Cadratin Software a late payment penalty equal to three times the rate of legal interest. The rate of legal interest retained is that in force on the day of delivery of the products or services provided. This penalty is calculated on the amount including VAT of the amount remaining due, and runs from the due date of the price without any prior formal notice being necessary. In addition to late payment compensation, any amount, including the deposit, not paid on its due date will automatically result in the payment of a lump sum compensation of 40 euros due for recovery costs (Articles 441-6 , I paragraph 12 and D. 441-5 of the Commercial Code).
10. CANCELLATION CLAUSE
If within fifteen days following the implementation of the “Late payment” clause, the buyer has not paid the sums remaining due, the sale will be automatically canceled and may give rise to the right to the allocation of damages for the benefit of Cadratin Software.
11. DELIVERY AND PROVISION BY DOWNLOAD
The Cadratin software, its technical documentation and updates are available exclusively by download. An email is sent to the license holder after the order has been processed: it contains the license number, the personal license code, the list of workstations and modules acquired and the download links. The holder of the license is authorized to print the technical documentation in a number of copies limited to the number of workstations of his license.
11. DELIVERY AND PROVISION BY DOWNLOAD
The Cadratin software, its technical documentation and updates are available exclusively by download. An email is sent to the license holder after the order has been processed: it contains the license number, the personal license code, the list of workstations and modules acquired and the download links. The holder of the license is authorized to print the technical documentation in a number of copies limited to the number of workstations of his license.
12. TRANSFER RESTRICTIONS
The license is granted to you personally and neither your rights as set forth herein nor any copy of the software may be sold, assigned, broadcast, transferred or sublicensed to anyone in any form (including understood electronically). Any transfer in violation of this section will lapse and immediately terminate your right to use or own this software. The delivery time indicated when registering the order is given for information only and is in no way guaranteed. Consequently, any reasonable delay in the delivery of the products cannot give rise to the benefit of the buyer to the allocation of damages or the cancellation of the order.
13. COPY PROTECTION
This software is copy-protected by a software license key. Two separate keys are available: a time-limited temporary key for software evaluation or troubleshooting purposes, and a commercial key attached to each seat that makes up your license. The temporary key can be obtained online 24 hours a day (except in the event of an absence of internet connection or in the event of a technical failure of our servers) by entering an e-mail address when the software is first launched. These 15-day temporary keys are limited to 4 obtainments per computer.
The commercial key is obtained by telephone or by e-mail after communication of a ticket number displayed by the software when the software is first launched. The keys are transmitted by direct request from the software to our servers (apart from internet access, a telephone procedure allows manual entry of the key via a 32-digit and letter code). Cadratin Software can authorize the migration of a temporary key to a commercial key subject to a positive workstation credit on the customer’s license: this procedure allows the deferred installation of a commercial key (installation of a temporary key outside then transformation of this key without user intervention). In order to secure and perpetuate this system (in the hypothetical case where events would lead to a permanent inability to ensure its operation) an emergency procedure has been filed at the notarial office of Me Sales (31320 – Haute-Garonne) intended for beneficiaries of the representatives of Cadratin Software.
14. MOVING THE SOFTWARE
To move the software from one computer to another, you must first uninstall the installation key using the ad hoc command described in the documentation, this action being necessary to recredit the account with the license workstations. If this displacement results from a disaster on the computer, the user will obtain a new key after declaration (by any means at his convenience: telephone, fax, e-mail or mail) from Cadratin Software of the said disaster. If the computer is on this occasion declared definitively out of service (failure not repaired or theft) its installation key will be considered as deactivated: the software will be able to carry out this deactivation itself in the event of subsequent launch on this computer knowing that the technology used for this purpose is guaranteed non-intrusive and non-blocking for valid installation keys.
15. COMMUNICATIONS TO CADRATIN SOFTWARE SERVERS
The user authorizes the Cadratin software to connect to the Cadratin Software servers via a public IP address (Internet Protocol) to implement the following functionalities: registration of the acceptance of the license, obtaining temporary installation keys by Internet 24 hours a day, obtaining normal installation keys by telephone without manual entry of the code, obtaining a license code corresponding to the version of the software and to the modules acquired initially, obtaining a license code corresponding to an update or to modules acquired subsequently, obtaining a temporary license code giving access to all the optional modules for a free evaluation, updating the balance of workstations available for the license, checking the technical possibility of sending reports to assistance in online, checking the maximum size allowed by our servers for attachments when sending reports to support, checking ion of the availability of updates, verification of the right to download updates, notification of the correct progress of the installation of an update, migration of a temporary installation key obtained by internet into a d normal installation without limitation, modification of the holder of the license registered in the software in the case of a change of company name or name of the holder, deactivation of an installation key after a displacement or loss (sale, theft , disaster, etc.) of a computer notified by the user in order to recredit the available workstations of his license, reception of informative messages or automated database maintenance processes with or without notification, sending by the user messages, reports, database extracts or attachments for support purposes. When installing and uninstalling the Cadratin software, when installing an update to the Cadratin software, when requesting assistance/maintenance via the functions of the Cadratin software and when running an automatic maintenance process on the Cadratin software database, data concerning you is transmitted to us in whole or in part depending on the context: license number, installation key identifier, license holder, name of the station installed, software version, operating system version, report/message title, user name, user email, user message, IP address, computer hardware profile, network card numbers, reason for uninstallation, computer identifier (UUID), version of the license terms, encapsulated file of the accepted license terms, notification of successful completion of an update, date of installation and update installation log, identifier of the maintenance process, notification of the successful completion of a maintenance process, server settings, advanced parameter settings, file(s) relating to the request such as an extract from the database, internal or external documents to your company (price list of a supplier for example) attached by the operator.
This data is encrypted by the software before it is sent and the transmission to our servers is done via encrypted communication (AES-128 protocol). These data are exclusively used in the context of installation, assistance and maintenance, they are not subject to any commercial use.
In the case where the user’s computer does not have internet access or in the case of specific settings blocking outgoing connections, the functionalities described in the paragraph above are unavailable, without however preventing the software from functioning. (the installation key is then communicated by telephone).
16. OPERATING SYSTEM COMPATIBILITY AND UPDATES
The Cadratin software is designed for the Apple MacintoshTM platform under the “macOS” operating system. Each version of the Cadratin software is compatible with a certain number of “macOS” versions, a compatibility table is published for this purpose (agbsoft.com/grilleCadratinOS.pdf). A version of the Cadratin software prior to the version currently on the market may not be compatible in whole or in part with the most recent version of the “macOS” operating system. To compensate for this, Cadratin software updates can thus be offered for sale, individually or through an annual subscription (maintenance contract) or annual program.
17. DATABASE BACKUP AND DATA SECURITY
The database requires a daily backup on a reliable external medium guaranteeing the integrity and recovery of the data in the event of a disaster (breakdown, destruction or theft). In the event of a technical failure, only a backup allows the user to recover his data, knowing that the data created or modified between the date of the backup and the incident are permanently lost. Cadratin Software can in no way be held responsible for the loss of data, the backup being the exclusive responsibility of the end user.
Cadratin Software cannot be held liable either in the event of distribution, export, copying to a third party of the company’s own data by one of its users and/or administrators. The company has been made aware through training and/or via the user guide of the need to set up the security of its data through the “Database protection” and “Access management” functionalities available in the software and the use of passwords assigned to each user/session. Any damage or litigation caused will be the sole responsibility of the company and its users. In order to secure user data, network exchanges with the server are encrypted (AES-128 protocol). The end user can only extract the data authorized by and from the Cadratin application: access to the very structure of the database and proprietary files of the Cadratin application is prohibited and protected by copyright and software design secrets.
18. ENCRYPTION PROTOCOLS (SECURE ENCRYPTION)
The database as well as the export files in proprietary “Cadratin” format are encrypted with the AES-128 protocol (Advanced Encryption Standard 128 bits). All client/server network exchanges locally or in remote access are encrypted with the AES-128 protocol (Advanced Encryption Standard 128 bits) both for connections to your server and connections to Cadratin Software servers for installations, updates and support/maintenance. The MD5 encryption algorithm developed by RSA Data Security, Inc. is implemented for installation keys, uninstallation tickets, maintenance process certificates as well as for the lost password recovery procedure.
19. LEGAL PROTECTION
This software is registered with the Program Protection Agency (APP), located at 119 rue de Flandre, 75019 Paris, under number 93-35-001-02.
20. cubeSQL LICENSE (server)
For the network versions of Cadratin, acceptance of this license implies acceptance of the cubeSQL software license from the company SQLabs srl based in Viadana (Italy) located in the appendix.
21. ANNUAL PROGRAM
As part of the purchase of an annual program, acceptance of this license implies acceptance of the conditions of said annual program located in the appendix.
22. USER DECLARATION
The user declares to have read this license, to have fully understood it and undertakes to respect its terms and conditions. This agreement is governed by French law and will benefit Cadratin Software, its authors, successors, heirs or assigns. Any resulting dispute will fall under the exclusive jurisdiction of the courts of the registered office of Cadratin Software.
B) APPENDIX ANNUAL PROGRAM

The Annual Program consists of an annual fee giving you access to the Cadratin software and — at no extra charge — remote assistance (by phone, email or directly via the software) as well as the latest updates available.
The main assets of the Annual Program are:

  • Access to the Cadratin software with a tailor-made configuration (modules and workstations)
  • Assistance by phone, email or directly via the software according to the availability of the technical service
  • Availability of the most recent updates at no extra charge
  • A flexible formula for adding modules or positions during the period or removing them on the anniversary date
  • A commitment limited to 12 months and no fees in the event of non-renewal
  • No fixed assets (the amount of the annual program enters into your deductible expenses).
1. PRESENTATION
The Annual Program consists of an annual fee giving you permanent access to the latest versions of the Cadratin software as well as assistance by telephone, email or directly via the software depending on the availability of the technical department for a period of 12 months.
2. SUBSCRIPTION AND PAYMENT
Subscription to the Annual Program involves sending an order form accompanied by payment by cheque, bank transfer or direct debit via a SEPA mandate from the second year.
3. ANNIVERSARY DATE
The beginning of the Annual Program period corresponds to the date of invoicing and not to the date of start-up of the software.
4. APPLICATION RATES AND DEVELOPMENTS
The royalty is calculated on the basis of a percentage of the Purchase of licenses tariff. As of 01-01-2019 this rate of application is 36% and this rate may vary upwards or downwards as well as the price list serving as the basis for calculation.
5. REFUNDS
The Annual Program is non-refundable. An evaluation version including all software modules and only limited in time (up to 4 periods of 15 days) is made available free of charge on our website accompanied by remote assistance. Prospective subscribers are encouraged to fully evaluate the software prior to their purchase of the Annual Program to verify that it meets their needs.
6. RENEWAL
Ten to thirty days before the anniversary date, the subscriber receives an offer to renew the Annual Program for one year additional. If the subscriber does not wish to follow up, the rights relating to the Annual Program are extinguished and the software can no longer be used.
7. CHANGES DURING THE PERIOD
During the period, the subscriber can upgrade his license by adding the number of workstations or adding optional modules. An additional fee is then invoiced pro rata temporis.
8. CHANGES ON THE ANNIVERSARY DATE
At the start of a new period, the subscriber can upgrade his license by adding or removing posts or modules. The amount of the fee is then adjusted upwards or downwards.
9. INSTALLATION KEY AND LICENSE CODE
The software installation keys issued under the Annual Program have a lifespan limited to 12 months. When renewing the Annual Program new keys are issued. A unique and personal 25-digit license code is communicated to each subscriber to the Annual Program. This code is used to unlock the modules corresponding to the Annual Program subscribed and contains its validity date. When renewing to the Annual Program, a new license code is automatically downloaded by the software.
10. DATA
In the event of non-renewal of the Annual Program, the user can no longer access the software or its data. Before the right of use expires, the user can export certain data (customer file, list of parts, paper prices, inventory reports) in order to consult them in another computer system. However, in the case of complex and proprietary formats, the documents themselves (actions, quotes, productions, vouchers) cannot be used outside the software.
C) NETWORK LICENSE APPENDIX
cubeSQL License Agreement
Note: cubeSQL is the server component integrated into the network version of Cadratin.

You are permitted to install your cubeSQL license key and run one cubeSQL instance on only one computer at a time. You cannot install multiple instances of cubeSQL for use with a single cubeSQL license key. You may not use your license key to run cubeSQL on more than one operating system at a time or on more than one instance of an operating system at a time.

If cubeSQL is integrated into other software, you must accept this license agreement. If you integrate cubeSQL with your own product, you agree to distribute a unique cubeSQL license key to each of your users or customers. Distributing a single key to multiple users is expressly prohibited unless you have an unlimited deployment license agreement with SQLabs. If you do not use cubeSQL integrated with your own product, you may transfer your cubeSQL license to another person, but only after receiving written authorization from SQLabs and only if the beneficiary agrees in writing to the terms of this agreement.

If you use an educational license key, you must not use cubeSQL for any revenue-generating activity, such as selling the software you create. If you want to use cubeSQL for commercial purposes you must first upgrade your educational license for commercial use.

If you use a developer license key you are entitled to use cubeSQL only for evaluation, development and testing. You may not use cubeSQL for any other purpose. You agree not to decompile or modify any part of cubeSQL.

SQLabs reserves the right to revoke the license and cancel the license key of any user who is in violation of this agreement. If you purchased your SQLabs license directly, it is covered by a 90-day warranty.

THE WARRANTIES IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE IS PROVIDED “AS IS” AND SQLABS MAKES NO OTHER WARRANTIES. IN NO EVENT SHALL SQLABS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF WE HAVE KNOWLEDGE OF THE POTENTIAL LOSS OR DAMAGES.

If you are located in Italy this Agreement is subject to the laws of Italy and is enforceable in Mantova County.
If you are outside Italy local law may apply. Some countries do not allow the exclusion of warranties, the above exclusions may not apply to you.
You agree not to export or re-export cubeSQL to any country and to any person, entity or end user subject to US export restrictions.

SQLabs srl – Viadana (Italy) is the developer and sole owner of all intellectual property rights, including copyright of this product.
D) APPENDIX PRIVACY POLICY

This privacy policy informs you of our practices regarding the collection, use and sharing of information that you are required to provide to us in the context of our exchanges and applies when you use our services. This policy also details the procedures implemented to ensure that the processing of your information complies with applicable data protection and privacy laws.

1. DATA
The information collected about our prospects or our customers is collected mainly from our contact form and download form. It can be the name of the company, a name, a telephone number, email, a postal address, etc.
2. USE
Customer and prospect data are recorded in Cadratin Software’s computerized customer file, for the management of its customers. They are kept until otherwise requested and are intended exclusively for members of Cadratin Software. We do not transfer, market or barter your data for marketing purposes to parties outside of Cadratin Software. Some of this data may be transmitted only to subcontractors of Cadratin Software, identified and complying with the general regulations on data protection in the context of customer relations.
3. RIGHT OF ACCESS
You have the right to request information about the personal data we hold about you. You can contact Cadratin Software who will send you your personal data by e-mail.
4. RIGHT OF PORTABILITY
When we process your personal data with your consent, you have the right to obtain a copy of your data transferred to you or to another party in a structured and common format. This only concerns the personal data that you have transmitted to us.
5. RIGHT OF CORRECTION
You have the right to request the rectification of your personal data if it is inaccurate, including to complete your incomplete personal data.
6. RIGHT OF DELETION
You have the right to request the deletion of any personal data processed by Cadratin Software at any time, except in the following situations: you have an ongoing project or contract with Cadratin Software or you have not yet settled all the invoices received.
7. RIGHT TO OBJECT
You have the right to object to the processing of your personal data on the basis of a legitimate interest of Cadratin Software. We will stop using your personal data unless we prove the justification for the use of your data which overrides your interest and your rights or for legal reasons.

8. EXERCISE YOUR RIGHTS
You can exercise your rights by contacting directly by mail (Cadratin Software, 3 rue des Charrons, 31700 Blagnac, FRANCE) or by email (cadratin@cadratinsoft.com).
GDPR (General Data Protection Regulation)
We provide our customers with a detailed document on the rules of good conduct regarding the management of personal data for users of the Cadratin software.

E) GENERAL CONDITIONS OF SALE OF TRAINING
1. DESIGNATION
Cadratin Software is a professional training organization specializing in the graphic industries professions registered with the prefect of the Occitanie region under the activity number 73 31 02814 31 (this registration does not constitute State approval). The address of the registered office is:
3 rue des Charrons, 31700 Blagnac, FRANCE.

Cadratin Software designs, develops and delivers inter-company and intra-company training throughout France and abroad, alone or in partnership.
In the following paragraphs, it is agreed to designate by:
Client: any natural or legal person who registers or places an order for training with Cadratin Software.
Trainee: the natural person who participates in a training course.
Inter-company training: training courses listed in the Cadratin Software catalog and which bring together trainees from different structures.
Intra-company training: training courses designed by Cadratin Software on behalf of a client or a group of clients.
CGV: the general conditions of sale, detailed below.
OPCO: the joint collection bodies responsible for collecting and managing the training effort of companies.
2. PURPOSE
These general conditions of sale apply to all training services undertaken by Cadratin Software on behalf of a Customer. The fact of registering or placing an order implies the Customer’s full and unreserved acceptance of these general conditions of sale. These general conditions of sale prevail over any other document of the Customer, and in particular over all the general conditions of purchase of the Customer.

3. FINANCIAL CONDITIONS, REGULATIONS AND TERMS OF PAYMENT
All prices are indicated in euros and excluding taxes. They must be increased by VAT at the rate in force.
The payment of the price of the training is to be made at the end of the training, upon receipt of the invoice, in cash, without discount to the order of Cadratin Software. In the event of a long journey, intermediate invoicing may be incurred.
Any sum not paid on the due date shall automatically and without prior notice entail the application of penalties of an amount equal to one and a half times the legal interest rate. Cadratin Software will have the option of obtaining settlement through litigation at the Customer’s expense without prejudice to any other damages that may be due to Cadratin Software.
In the event of payment by the OPCO on which the Client depends, it is the Client’s responsibility to make his request for reimbursement before the start of the training. The financing agreement must be communicated at the time of registration and on the copy of the estimate that the Customer returns duly informed, dated, stamped, signed and marked with the words “Good for agreement” to Cadratin Software. In the event of partial support by the OPCO, the difference will be invoiced directly by Cadratin Software to the Customer. If the Customer’s support agreement does not reach Cadratin Software at the latest one working day before the start of the training, Cadratin Software reserves the right to refuse the Trainee’s entry into training or to invoice all the training costs to the Customer.
In exceptional situations, payment by installments may be made. In any case, its modalities must have been formalized before the start of the training.

4. WITHDRAWAL AND REPLACEMENT OF A PARTICIPANT
In the event of a withdrawal notified by the Customer to Cadratin Software at least 7 days before the start of the training, Cadratin Software offers the Customer the possibility:

  • To postpone the registration of the Trainee to a subsequent training, duly scheduled in the catalog of Cadratin Software, and after possible agreement of the OPCO,
  • To replace the Trainee prevented by another participant having the same profile and the same training needs, subject to the possible agreement of the OPCO.

5. CANCELLATION, ABSENCE OR INTERRUPTION OF A TRAINING
Any module started is due in full and will be invoiced to the Customer by Cadratin Software. In the event of absence, interruption or cancellation, Cadratin Software’s invoicing will distinguish between the price corresponding to the days actually attended by the Trainee and the sums due for the absences or interruption of the training. It is recalled that the sums due by the Client in this respect cannot be attributed by the Client to his obligation to participate in continuing professional training or be the subject of a request for reimbursement by an OPCO.
In this case, the Customer undertakes to pay the sums that would remain at his expense directly to Cadratin Software.
On the other hand, in the event of cancellation or postponement of the training by the Customer, Cadratin Software reserves the right to invoice the Customer for cancellation fees calculated as follows:

  • If the cancellation or postponement occurs more than 30 working days before the start of the training: no cancellation fees on the
    part of educational costs but invoicing of any reservations (plane, rentals, hotel) that cannot be canceled
  • If the cancellation or postponement occurs between 30 days and 15 working days before the start of the training: the cancellation fees
    are equal to 50% of the price excluding tax of the training
  • If the cancellation or postponement occurs between 14 days and 7 working days before the start of the training: the cancellation costs are
    equal to 75% of the price excluding VAT of the training
  • If the cancellation or postponement occurs less than 7 working days before the start of the training: the cancellation costs are equal
    at 100% of the price excluding tax of the training.
6. HOURS AND RECEPTION
Unless otherwise indicated on the training presentation sheet and the convocation, the daily duration of training is set at seven hours. Unless otherwise indicated on the notice, training takes place from 9:00 a.m. to 12:30 p.m. and from 2:00 p.m. to 5:30 p.m. with a break in the middle of each half-day. The company undertakes to provide trainees with Apple MacintoshTM hardware with the macOS system recommended by the organization (agbsoft.com/grilleCadratinOS.pdf). A defect in the equipment or a software incompatibility that would disrupt the smooth running of the training or would force a postponement could not be attributed to the training organization and would not entitle you to any reduction on the established price.
7. ADJOURNMENT AND ADJOURNMENT
To promote the best learning conditions, the number of students in each course is limited. This number is determined, for each course, according to the objectives and teaching methods.
Registrations are taken into account in their order of arrival. The issuance of an estimate does not take the place of registration. Only quotes duly completed, dated, stamped, signed and bearing the mention “Good for agreement”, returned to Cadratin Software have contractual value. Once the number is reached, registrations are closed. Cadratin Software can then propose to the Trainee to participate in a new session or to appear on a waiting list.
In the event that the number of participants is insufficient to ensure the smooth running of a training, Cadratin Software reserves the right to postpone the training at the latest one week before the scheduled date and this without compensation.

8. ESTIMATE AND CERTIFICATE
For each training action, an estimate is sent by Cadratin Software to the Client. The quote duly completed, dated, stamped, signed and marked with the words “Good for agreement” must be returned to Cadratin Software by any means at the Customer’s convenience: post, fax, email. If necessary, a special agreement can be established between Cadratin Software, the OPCO or the Customer. At the end of the training, Cadratin Software issues a training certificate to the Trainee. In the case of partial or total support by an OPCO, Cadratin Software sends him a copy of this certificate accompanied by the invoice. A certificate of attendance for each Trainee can be provided to the Client, at his request.

9. OBLIGATIONS AND FORCE MAJEURE
As part of its training services, Cadratin Software is bound by an obligation of means and not of result vis-à-vis its Clients or its Trainees. Cadratin Software cannot be held liable with regard to its Clients or its Trainees in the event of non-performance of its obligations resulting from a fortuitous event or force majeure. The following are considered here as fortuitous events or cases of force majeure, in addition to those usually recognized by case law: the illness or accident of a speaker or an educational manager, strikes or social conflicts external to Cadratin Software, natural disasters, fire, interruption of telecommunications, energy supply, or transport of any type, or any other circumstance beyond the reasonable control of Cadratin Software.
10. INTELLECTUAL PROPERTY AND COPYRIGHT
All of the presentation sheets, content and educational materials in whatever form (paper, electronic, digital, oral, etc.) used by Cadratin Software to provide training or given to Trainees constitute original works and as such title are protected by intellectual property and copyright. As such, the Client and the Trainee are prohibited from using, transmitting, reproducing, exploiting or transforming all or part of these documents, without the express agreement of Cadratin Software. This prohibition relates, in particular, to any use made by the Client and the Trainee with a view to organizing or conducting training.
11. DESCRIPTION AND PROGRAM OF TRAINING
The contents of the programs, as they appear on the training presentation sheets, are provided for information only. The speaker or the educational manager reserves the right to modify them according to current events, the level of the participants or the dynamics of the group.

12. CONFIDENTIALITY AND COMMUNICATION
Cadratin Software, the Client and the Trainee undertake to keep confidential the documents and information to which they may have access during the course of the training or during the exchanges that took place prior to registration, in particular all the elements appearing in the proposal sent by Cadratin Software to the Client. Cadratin Software undertakes not to communicate to third parties other than the partners with whom the training is organized and to the OPCOs, the information transmitted by the Client, including information concerning the Trainees.
However, the Client agrees to be quoted by Cadratin Software as a client of its training courses. To this end, the Customer authorizes Cadratin Software to mention its name as well as an objective description of the nature of the services in its lists of references and proposals for the attention of its prospects and its customers, interviews with third parties, reports of activity, as well as in the event of legal, regulatory or accounting provisions requiring it.

13. PROTECTION AND ACCESS TO PERSONAL INFORMATION The Client undertakes to inform each Trainee that:
  • Personal data concerning him is collected and processed for the purpose of monitoring the validation of the training and improving the Cadratin Software offer.
  • In accordance with Law No. 78-17 of January 6, 1978, the Trainee has the right to access, modify and rectify personal data concerning him.
In particular, Cadratin Software will keep the data related to the course and the evaluation of the Trainee’s achievements, for a period not exceeding the duration necessary for the assessment of the training.
Finally, Cadratin Software undertakes to erase at the end of the exercises any image taken there by any video means during practical work or simulations.
14. APPLICABLE LAW AND JURISDICTION
The general conditions detailed in this document are governed by French law. In the event of a dispute arising between the Customer and Cadratin Software on the occasion of the interpretation of these presents or the execution of the contract, an amicable solution will be sought. Otherwise, the Court of Toulouse will have sole jurisdiction to settle the dispute.