LEGAL INFORMATION

PUBLISHER

incwo is published by the company entreprise-facile SAS
whose head office is located at: 16 Rue de la comète - 75007 PARIS.

SAS with capital of 171 015 EUR
RCS PARIS B 494 952 401
Intracommunity VAT: FR33494952401

The service is accessible via the website: go.incwo.com

DIRECTOR OF PUBLICATION

Guillaume Besse - CEO entreprise-facile SAS

SITE HOST

Planet Service
Head office : 21, rue de Fécamp - 75012 Paris
Tel : 01 43 37 02 04

SARL au capital de 21 000 EUR
RCS Paris B 430 031 351
Intracommunity VAT: FR79430031351

SITE DEVELOPMENT

Entreprise-facile SAS

Contact

If you have any commercial, technical, communication or partnership questions, we invite you to send a message to our support team via the contact form or by post to our head office address.

DATA PROTECTION

The go.incwo.com website respects your privacy and has been registered with the French Data Protection Authority (Commission Nationale de l'Informatique et des Libertés - CNIL) under number 1248856.

Data protection provisions are defined in article X (ten) of the GCU (General Terms and Conditions of Use of the software): "X. CONFIDENTIALITY OF PERSONAL DATA & USER CONTENT".

Any questions relating to data protection and confidentiality may be addressed to the Company via the incwo DPO contact form  or by post to incwo at our head office address 

TRADEMARK REGISTRATION

entreprise-facile and incwo are trademarks registered with the I.N.P.I. and are the property of entreprise-facile SAS.

ORIAS REGISTRATION

incwo is registered with the Registre unique des Intermédiaires en Assurance, Banque et Finance (www.orias.fr) under registration number 25004972 as a non-exclusive banking and payment services agent (MOBSP) on behalf of Qonto (OLINDA SAS), a payment institution approved by the Autorité de Contrôle Prudentiel et de Résolution (ACPR) under number 16958.

V. OBLIGATIONS OF USERS

5.1. Access to Services

12.1.1 User support format

• Centralization of user information and processing of incoming requests by a dedicated team
• Correspondence between an incoming user request and the link to the user's software application, automatically feeding information back to support staff
• Traceability of exchanges thanks to a unique request ticket number
• Archiving of exchanges with each user for a complete history
• Users can consult questions and answers in their user interface at any time.

12.1.2 Access to customer support

• The "help > contact us" page in the customer interface
• The "more > contact" page of the website

12.1.3 Support hours and response times

• Opening hours: 9 a.m. to 6 p.m., Monday to Friday
• Response times: 24 hours on weekdays and 48 hours at weekends

GENERAL TERMS AND CONDITIONS OF SALE TRAINING SERVICE

PREAMBLE

The company organizes and provides training courses for Users, employees and managers, of Entreprise-facile SAS / incwo customers, publishers of management software for businesses.
As part of this training activity, Entreprise-facile SAS / incwo is an approved training organization under the activity number 11 75 55019 75, which was assigned on 19/08/2016, and is authorized to draw up training agreements.

ARTICLE 1: DEFINITIONS

• The Company: refers to Entreprise-facile SAS / incwo and its services.
• Customer or Beneficiary: The Company's corporate customers and their employees and managers enrolled in the Training program.
• Learners or Trainees: Users of the software undergoing training.
• Training: Training designed to develop the skills and abilities of Learners to use the functions and modules of the incwo Software.
• Software: The software being trained is called incwo and incwo POS. This software is an ERP / CRM for small and medium-sized businesses, offering solutions for: Customer Relationship Management (CRM), Sales Administration (Quotation, Delivery Note, Invoicing, etc.), Purchasing Management, Product Management, Inventory Management, Production Management, Human Resources Management, Point of Sale Management, Pre-accounting Management, Reporting and Business Intelligence (BI).
• Training Program: Adapted to the needs of the company, the training program informs the Customer of the pedagogical and technical means used by incwo to achieve the expected results in terms of skills acquisition.

ARTICLE 2: DESIGNATION

Entreprise-facile SAS / incwo is a Société par Action Simplifiée (simplified joint stock company) with capital of 171,015 euros, registered in the PARIS Trade and Companies Register under number 494 952 401, with its registered office at 16 Rue de la Comète - 75007 PARIS. It is represented by its Managing Director, Mr Guillaume BESSE.

ARTICLE 3: PURPOSE AND SCOPE

These General Terms and Conditions of Sale determine the conditions applicable to Training services provided by La Société on behalf of a Customer. 

Ordering Training from The Company implies the Customer's unreserved acceptance of the present General Terms and Conditions of Sale appended to the Commercial Proposal.
The present Conditions prevail over any other document of the Customer, in particular over its own General Terms and Conditions of Purchase and Terms of Use of the Software.

ARTICLE 4: COURSE FEES AND COVERAGE

The price of Training is indicated in the Commercial Proposal sent to the Customer by La Société and can be consulted at any time on the https://go.incwo.com/les-formations/ website.

Training prices are quoted in euros, exclusive of VAT at the current rate, and are subject to a validity date stipulated in the Sales Proposal. Otherwise, the price is valid for one month from the date of issue of the Sales Proposal.

The Customer undertakes to return the signed Training Agreement to the Company.

Customers who are eligible for funding from a "Opérateur de Compétences" (OPCO) undertake to apply for funding before the start of the Training course. The financing agreement must then be communicated to La Société before the start of Training.

The customer will be invoiced for the full cost of the training: even if the training is paid for by an OPCO or other funding body, the company does not subrogate payment via an OPCO.

In the event of late payment, any sums remaining due by the Customer will automatically bear interest, without the need for formal notice, and will be subject to a penalty of 3 times the legal interest rate.

The Customer will also be liable, ipso jure, for a minimum fixed indemnity of forty (40) euros for collection costs (Article D.441-5 of the French Commercial Code).

ARTICLE 5: PROGRAM, DOCUMENTATION PROVIDED BY THE COMPANY

The content of the Training Program shown on the presentation folder given to the Customer is provided for information only. The trainer may modify the content of the Training Program according to the level of the participants and the group dynamics.

The Company will issue the Customer with a certificate of attendance or completion of Training within 7 (seven) days of the end of Training.

ARTICLE 6: OBLIGATIONS & LIABILITIES OF THE COMPANY

The company provides Training services on a best-efforts basis.

The Company may not be held liable for any malfunctions caused by improper handling by the Customer.
The content of any specifications transmitted by the Customer, stipulating the scope and timetable of the Training, may only be invoked against the Company if expressly accepted by the Company.
Any compensation owed by the Company to the Customer, for any reason whatsoever, may not exceed the amount of the sums actually invoiced and collected by the Company in respect of the order.

The Customer may not hold the Company liable for indirect loss (operating loss, loss of data or files, commercial loss, loss of clientele, etc.) or damage to third parties.

ARTICLE 7: OBLIGATIONS & RESPONSIBILITIES OF THE CUSTOMER

The customer ensures that its employees are present, available and competent.

The Beneficiary undertakes to meet the conditions for the reception of the public in accordance with the provisions of the French Labour Code.

For face-to-face Training sessions, the Customer provides the Company with the hardware and software environment required for the training session. It is the sole responsibility of the Customer to arrange, at his or her own expense, for the installation to be carried out in accordance with current standards, in particular safety standards.
The Company may recommend to the Customer certain technical prerequisites or configurations for using the Software. The Customer and the Learners are responsible for complying with these technical prerequisites or recommendations.
The Customer is solely responsible for connecting its employees to the Internet and for all related costs.

ARTICLE 8: POSTPONEMENT AND CANCELLATION OF TRAINING

The Customer may request a postponement of his or her participation in an ordered Training session, provided that he or she sends a written request to The Company, 15 working days before the scheduled date of the Training session.

The Customer may request cancellation of his or her participation in Training, provided that he or she sends a written request to the Company, 30 working days prior to the scheduled Training date. In the event of partial participation by the Customer, for whatever reason, the full Training fee is payable.

All requests for postponement or cancellation must be notified by email to formation@incwo.com.

ARTICLE 9: PROTECTION OF PERSONAL DATA

In accordance with European Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 (RGPD), which came into force on May 25, 2018, the Company undertakes to take all necessary precautions to preserve the security of personal information to which it may have access, and in particular to prevent it from being distorted, damaged or communicated to unauthorized persons.
Accordingly, personal information communicated by the Customer to The Company is processed:

• Customer registration for Training
• Creation of an incwo account for the duration of the course
• Managing site and Software security
• Creation and management of a commercial prospecting file.
• Managing requests to exercise Users' various rights: rights of access to their Personal Data, rights of rectification, deletion, opposition, portability and limitation of processing.

The Company has appointed Guillaume BESSE as Data Protection Officer (DPO).

Any questions relating to data protection and confidentiality may be addressed to the Company via the form https://www.incwo.com/site/privacy_request or by post to incwo, 16 Rue de la Comète 75007 PARIS France.

In accordance with regulations, Users have the right to access and rectify their personal data, to modify, complete, update or delete data. The Customer or Learner may exercise these rights via :

•  A form: https://www.incwo.com/site/privacy_request
• A letter sent to: incwo / DPO - 16 Rue de la Comète 75007 PARIS France.

ARTICLE 10: INTELLECTUAL PROPERTY

The Training offered by La Société is, and remains, the property of Entreprise-facile SAS / incwo, which holds all related economic rights.

Thus, the provision of documents during Training does not confer on the Customer any right of ownership over training materials, which are protected by intellectual property and copyright.
Whatever the form (paper, digital, electronic, etc.), training materials may not be reproduced, in whole or in part, without incwo's express agreement.
The Customer undertakes not to use, transmit or reproduce all or part of these documents with a view to organizing or running other training courses.
The Customer also undertakes not to directly or indirectly infringe the Company's intellectual property rights in the incwo Software and to comply with its Terms of Use: https://go.incwo.com/termes-dutilisation-incwo/

ARTICLE 11: TERMINATION

The Company may terminate the training agreement without notice or compensation in the event of late or non-payment by the Customer.
The training agreement may be terminated ipso jure by either Party in the event of non-performance by the other Party of any of its obligations, without prejudice to any right of action or compensation. Such termination shall become effective after formal notice has been served on the defaulting Party and has remained without effect for a period of 30 days.
All Training commenced is payable in full to the Company.

ARTICLE 12: COMPENSATION, REPARATION OR DAMAGES

In the event of cancellation by the Beneficiary before the start of the training program

• More than 1 month before the start of the course: 50% of the cost of the course is due.
• Between 1 month and 2 weeks before the start of the course: 70% of the cost of the course is due.
• Less than 2 weeks before the start of the course: 100% of the cost of the course is due.

The cost cannot be reimbursed or covered by the OPCO.

ARTICLE 13: NON-SOLICITATION

The Customer undertakes not to hire or solicit the hiring or services (in any form whatsoever), for himself or for a third party, directly or indirectly, of any employee of the Company (i.e. any person employed by Entreprise-facile SAS / incwo on the day of Training).

This obligation will end twelve (12) months after the termination of the Training.
In the event of non-performance of this article, the Customer undertakes to pay The Company, as a penalty clause, a sum equal to twelve (12) months of the monthly salary (after deduction of employer and employee social security contributions) paid by The Company to the employee concerned on the date on which the non-performance of the obligation is noted. This penalty will be due for each Company employee hired by the Customer or whose services are requested by the Customer in any way whatsoever. In accordance with article 1228 of the French Civil Code, the Company may pursue compulsory execution of this obligation instead of claiming payment of this penalty clause.

ARTICLE 14: FORCE MAJEURE

Each of the Parties will have its obligations suspended ipso jure, without formality, and will be released from liability, in particular in the event of the occurrence of an event presenting the characteristics of force majeure within the meaning of article 1218 of the French Civil Code.

The Company may not be held liable to its Customers or Trainees in the event of non-performance of its obligations resulting from a fortuitous event or force majeure. The following events are considered fortuitous or force majeure, in addition to those usually recognized by jurisprudence: illness or accident of an instructor or pedagogical supervisor, strikes or labor disputes external to the Company, natural disasters, fire, interruption of telecommunications, energy supply or transportation of any kind, or any other circumstance beyond the reasonable control of the Company.

Each Party shall inform the other in a timely manner of the occurrence of any such event and shall endeavour to mitigate or eliminate the effects thereof as soon as possible.

Each of the Parties may terminate the agreement by registered letter with acknowledgement of receipt, giving ten (10) working days' notice, in the event that performance of the agreement or its postponement is impossible, for reasons of force majeure, and without compensation on either side.

ARTICLE 15. DISABILITY

When registering for our training courses, we use a questionnaire to discuss with the disabled candidate what we can do to help them learn.

We can also draw on a network of pre-identified national partners.

ARTICLE 16: DISPUTES & APPLICABLE LAW

The present General Terms and Conditions of Sale are governed by French law.
In the event of a dispute between the Company and the Customer, an amicable solution will be sought. Failing this, all disputes, particularly those relating to their interpretation and/or execution, will be submitted to the Courts of PARIS.

TRAVEL / TRAINING POLICY

ARTICLE 1: PURPOSE

The purpose of this procedure is to describe the conditions for reimbursing expenses incurred by permanent staff, auditors and members of entreprise-facile SAS / incwo in carrying out the assignments entrusted to them. This procedure is intended to supplement the current general terms and conditions of sale.

ARTICLE 2: LAYOUT

The present rules are based on the principle of systematically using the most economical means of transport, unless the use of another means proves to be more efficient, particularly in terms of time spent travelling. Thus, the use of a means of transport whose cost is not the lowest is authorized when the person making the journey can demonstrate, on request, that this means of transport enables him or her to reduce travel time significantly, i.e. a time saving of at least 3 hours on a round trip or, in the specific case of suburb-to-suburb journeys in the Paris region and major cities, a time saving of 50%.

All requests for reimbursement must be accompanied by proof of expenses, with the exception of mileage reimbursements.

ARTICLE 3: EXPENSES REIMBURSABLE TO THE TRAINING ORGANIZATION

3.1 HOSTING :

Accommodation expenses are reimbursed on the basis of actual, documented expenses, subject to the following ceiling:

→ Maximum overnight rate: 130 euros

In French overseas departments and territories and abroad, reimbursement is made on the basis of actual expenses, with receipts, up to the limit of a 3-star hotel.

Hotel accommodation at a higher cost may be accepted if the organizer requires group accommodation (auditor seminar, plenary meeting, etc.), or if the client organization has made the reservations itself.

3.2 RESTORATION :

Meal expenses are reimbursed on the basis of actual receipted expenses, subject to the following ceiling:

→ Maximum rate for breakfast: €15
→ Maximum rate for lunch: €25

A maximum of €65 per day for breakfast, lunch and dinner.

Catering at a higher cost may be accepted when group accommodation is required and imposed by the organizer (auditor seminar, plenary meeting, etc.), or when the customer organization has made the reservations itself.

3.3 TRANSPORT :

The mode of transport is chosen taking into account economic, practical and time-saving aspects. Reimbursements are made on presentation of receipts.

• Train and plane
  Train travel can be in 1st class (Business First offers many advantages, including free reimbursement up to 30 minutes after the train's departure)
  Plane travel is in "economy" class whenever possible.
  In all cases, the "refundable ticket" option in the event of cancellation is strongly recommended.
• Rental car:
  Rental cars are category A or B.
• Personal car:
  The use of a personal car must be limited to journeys for which it is more economical than the use of public transport, or where it saves significant amounts of time.
  Where this is not the case, and if the organization lodges a claim, a reassessment may be applied, with reimbursement based on the cheapest calculation.
  Reimbursement is made on the basis of mileage allowances calculated according to the annual scale in force, published in the Journal Officiel and available on the following page: https://www.service-public.fr/particuliers/actualites/A14686
• Cab or VTC
  Taxis or VTCs should only be used for journeys in built-up areas or on city-airport-train station routes.
• Local public transport
  The use of public transport (e.g. bus, metro, streetcar, TER, RER, shuttle, etc.) must be reserved for journeys in built-up areas, or on city-airport-station routes.
  When the ticket stamping machines do not return the transport tickets used, the latter are nevertheless reimbursed on presentation of a sworn declaration and up to a limit of 2 per year, or proof of payment with a clearly legible time stamp.
• Miscellaneous expenses
  No additional expenses will be claimed in connection with missions and training courses.

DISABILITY COMMITMENT

In application of article 47 of law no. 2005-102 of February 11, 2005 and decree no. 2019-768 of July 24, 2019, this document presents the policy of "Name of training organization" with regard to disability.

1. DIGITAL ACCESSIBILITY MANAGER

To continually monitor the accessibility of its content, Entreprise-facile SAS, incwo has appointed a Disability Manager in the person of Delphine FAVORY

Thislthe-is responsible for :

• Ensure that processes are in place for content accessibility;
• Report to the training manager on digital content and services, as well as any need for improvement;
• To ensure that awareness of the requirements of disability is promoted within the facility;
• To be the first point of contact on all disability issues.

2. TRAINING AND AWARENESS-RAISING INITIATIVES

To meet the need for awareness-raising and training among of Company-facile SAS / incwo, a training plan will be rolled out over the next three years. These training courses will be carried out using the most appropriate method to meet the specific training requirements, either through synchronous or asynchronous distance learning, or face-to-face.

For more information on disability management policies, visit theAGEFIPH WEBSITEfiles, will be automatically deposited.

3. BEST PRACTICES GUIDE

To ensure that disability is taken into account in the production of content and the implementation of digital services, each center will integrate best accessibility practices adapted to its content and tools. This adaptation will be based on experience gained during our training courses.

GENERAL CONDITIONS OF TRANSFER OF
IMAGE RIGHTS

PREAMBLE

These General Terms and Conditions of Sale (GTCS) define the contractual relationship between, on the one hand, the Beneficiary or Trainee undergoing software training, hereinafter referred to as "the Participant" and, on the other hand, entreprise-facile SAS / incwo, hereinafter also referred to as "the Training Organization" or "the Company".

ARTICLE 1: PURPOSE

The Participant graciously accepts to take part in the photography or video session planned during the training course as part of a report and grants the Training Organization the right to use his/her image resulting from the photograph(s) taken on this occasion at the locations and dates provided for, for commercial communication purposes.
Thus by the effect of the present and by virtue of Article 9 of the Civil Code, the Participant authorizes The Company to fix his/her image and to reproduce and/or represent it for commercial communication purposes.

ARTICLE 2: RIGHTS ASSIGNED

Thus by the effect of the present for the duration and territory referred to in article 3 below, the participant authorizes :

• the fixation of his or her image in photographs taken during the aforementioned reportage and the reproduction of his or her image thus fixed by any technical process known or unknown to date (graphic, photographic, digital, etc.), on any medium (and in particular the newsletter, any medium that The Company may use or create for the purpose of its promotion, etc.) in any format, for an unlimited number of uses, in full or in part, together or separately, for the purposes of corporate communication.
• the communication to the public of his or her image thus fixed and reproduced, in whole or in part, through any means of distribution, known or unknown to date, and in particular communication by electronic means (Internet site, Extranet, Intranet, etc.), whatever the format (html, lmode, etc.) whatever the vector and the reception device, as well as by making available to the public whatever the analog or digital process (and in particular downloading, uploading, etc.) or the mode of audiovisual or mobile or fixed telephone transmission used.

ARTICLE 3: TERRITORIALITY AND DURATION OF THE ASSIGNMENT

The present transfer of rights is granted to

• For worldwide use
• For an unlimited period from the date of signature of the present contract.

Any captions and comments accompanying the reproduction or representation of all or part of the Participant's image under the conditions set out above shall not infringe the Participant's reputation or privacy.

ARTICLE 4: REMUNERATION

The Participant's participation in the photo or video session and the transfer of his or her rights, as provided for in articles 2 and 3 above, is granted free of charge.

ARTICLE 5: WARRANTIES

The Participant makes no reservations or restrictions on the photograph(s) referred to in Article 1 or on the rights of use referred to in Articles 2 and 3 of this contract.

ARTICLE 6: DISPUTES

The parties shall endeavor to settle any dispute arising under this contract amicably. In the event of persistent disagreement, the TGI of PARIS shall have jurisdiction and French law shall be the sole applicable law.