GENERAL TERMS

Butterfly Aero Training’s general terms and conditions of sale are applicable to all supplies and services of the dedicated access offer. Consequently, placing an order implies the customer’s full and unreserved acceptance of these terms and conditions. Any clause to the contrary will, in the absence of express acceptance, be unenforceable against Butterfly Aero Training, regardless of when it may have been brought to the latter’s attention. None of the clauses in the sales contract, if not applied, may be interpreted or used as a waiver by Butterfly Aero Training of its right to take advantage of said condition(s) at a later date.

The purpose of these general conditions of sale is to define the conditions under which Butterfly Aero Training commits itself to the customer.

Butterfly Aero Training undertakes to do everything in its power to ensure the permanence, continuity and quality of the services it offers, and as such has an obligation of means. Butterfly Aero Training undertakes to take all the necessary care and diligence to provide a quality service in accordance with the practices of the profession and the state of the art, except in the case where an interruption of the service is expressly requested by a competent administrative or jurisdictional authority. Consequently, Butterfly Aero Training will endeavour to offer access 24 hours a day, 7 days a week, without being able to guarantee this given the nature of the network. If absolutely necessary, Butterfly Aero Training reserves the right to interrupt the server in order to carry out a technical intervention, to improve its functioning, or for any maintenance operation. Butterfly Aero Training will then inform the customer in advance, as far as possible, within a reasonable period of time, specifying the date and duration of the intervention, so that the customer can make arrangements. Butterfly Aero Training cannot be held responsible for total or partial non-compliance with an obligation and/or failure of the operators of the transport networks to the Internet world and in particular its access provider(s). In this respect, Butterfly Aero Training informs the customer that it cannot be held responsible for their failure. The training provided by Butterfly Aero Training is only part of the system that companies must put in place, and that Butterfly Aero Training cannot be held liable by the company, its insurers, its trainees, its customers, subcontractors and co-contractors.

The customer acknowledges that he has checked the suitability of the service for his needs and that he has received from Butterfly Aero Training all the information and advice he needed to subscribe to the present commitment with full knowledge of the facts. The customer alone will bear the consequences of any malfunction of the service resulting from use, by members of his staff or any person to whom the customer has provided his password(s), that does not comply with the operating instructions provided to him by Butterfly Aero Training. The Customer shall ensure that the members of its staff in contact with Butterfly Aero Training are trained in the operation of the Internet services. The parties agree that Butterfly Aero Training may modify its service without any other formality than informing the customer, provided that the service currently provided to the customer is maintained.

It is the customer’s responsibility to check the knowledge of the trainees before registering them for training.

Cancellation does not entail reimbursement unless one of the parties gives notice under the conditions described below. Any duties and taxes applicable to these prices will be invoiced in addition, on the date they come into force by law. By express agreement, and unless Butterfly Aero Training grants a postponement in writing, total or partial non-payment on the due date will automatically and without prior notice and without prejudice to the article on termination:

– The immediate payment of all sums remaining due by the customer under the contract.

– The customer will be charged late payment interest equal to one and a half times the legal interest rate.

– The customer will be charged 20 euros (excl. VAT) for each unpaid invoice returned to Butterfly Aero Training and rejected by the Bank.

– The suspension of all services in progress, whatever their nature, without prejudice to Butterfly Aero Training’s right to terminate the contract as stipulated in the article – Termination.

Any disagreement concerning invoicing and the nature of the services must be justified by registered letter with acknowledgement of receipt or fax within eight days of the invoice date. Failing this, the customer will be deemed to have accepted the invoice. In the event of a dispute, all sums due, including those corresponding to disputed services, must be paid on the due dates. After this deadline, the customer will be deemed to have accepted the invoices presented. Any disputes by the customer will then no longer be admissible.

Butterfly Aero Training or the customer may terminate the present contract by giving 1 month’s notice by fax, email or registered letter with acknowledgement of receipt. At the end of the contract, for whatever reason, the customer must immediately stop using the dedicated access codes.

If the performance of the contract, or any of Butterfly Aero Training’s obligations hereunder, is prevented, limited or interfered with by reason of fire, explosion, failure of transmission networks, collapse of facilities, epidemic, earthquake, flood, power failure, war, embargo, law, injunction, demand or requirement of any government, strike, boycott, or other circumstance beyond the reasonable control of Butterfly Aero Training, then Butterfly Aero Training shall be excused from its obligations. The obligations under this contract shall be suspended for the duration of the Force Majeure Event. If the effects of a Force Majeure should last longer than two months, the contract may be terminated by operation of law at the request of either party, without any right to compensation on either side.

Butterfly Aero Training may use the services provided to the customer at events and in specialised publications on professional markets, as well as on its commercial documents and/or brochures, unless the customer expressly states otherwise.

These terms and conditions shall be governed by and construed in accordance with the French law. Any dispute relating to the interpretation or performance of this Sales Contract shall fall within the exclusive jurisdiction of the Commercial Court of Paris.

Each of the parties shall treat as confidential, for the duration of the contract and after its expiry, any information, documents, systems, know-how, formulae or data of any kind originating from the other party of which it may have become aware during the performance of the contract, and shall not disclose them to any third party whatsoever, nor use them outside the requirements of the contract.

The Client is not in any way permitted to transfer, exchange, and swaps or license the right and obligations that impinge on this contract, except that the form and contents are able to be altered under the condition that changes are pre-agreed and made in writing from Butterfly. However it expressly excludes in this present Contract – or terms and conditions of sale – that any transfer of property is made from BUTTERFLY to the Client. Neither party is able to make an acquisition of the intellectual property rights that are stored in the databases of either party, and this applies to all areas of trademarks, concepts, screens, graphics and or software(s). This paragraph is applicable in France and overseas.

The nullity of one of the clauses of the contract for the provision of services, in particular in application of a law, a regulation or following a decision of a competent court which has the force of res judicata, shall not entail the nullity of the other clauses of the contract, which shall retain their full effect and scope.

If the mark obtained by the trainee during the assessment is below the minimum mark, the trainee has the option of taking the assessment a second time. However, if the trainee fails the second attempt, the Customer will be invoiced for the course. The trainee must be re-registered to take the full course.

Training courses 11.2.2, 11.2.4, 11.2.3.6, 11.2.3.7, 11.2.3.8, 11.2.3.9 and 11.2.3. 10, in accordance with the DSAC’s Domain 11 guide, require the employer of the person who has undergone the training to put in place a system to check that the skills verification examination is properly conducted at the end of the training (in particular, checking the identity of the person taking the examination, supervising the examination in a room or office with entry of an access code by a third party for whom the employer is responsible).
To this end, access to the skills verification examination is provided by the employer.

Access is gained by :

– Entering the surname and first name of the person responsible for checking that the examination is being carried out correctly

– Entering the unique code sent to the employer when the trainee registered for the course.

This double entry commits the employer and his company to the fact that the trainee who takes the exam is indeed the individual registered for the training course, and that the proper conduct of the skills verification exam is carried out under his supervision, in accordance with Butterfly Aero Training’s general terms and conditions of sale and the directives of the Direction Générale de l’Aviation Civile (French Civil Aviation Authority)

Courses must be completed within a maximum period of 3 months. No refunds will be made for courses that have not been started and for which the registration period exceeds 3 months.

The courses are accessible to people with disabilities. Please let us know when you register so that we can consider possible adaptations.

All complaints must be made by e-mail to the following address: contact@butterfly-training.fr
– Butterfly Aero Training will acknowledge receipt of the complaint within a maximum of 2 working days.
– An action plan will be proposed to the customer within a maximum of 10 working days.
– Once the complaint has been managed, it is closed within a maximum of 30 working days following the date of receipt of the complaint.